2005-06 Budget - Article 7 Bill s991
STATE OF NEW YORK
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S. 991 A. 1921
SENATE - ASSEMBLY
January 21, 2005
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IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the public authorities law, in relation to composition
and responsibilities of the New York state higher education capital
matching grant board in administering and awarding capital matching
grants for higher education facilities (Part A); to amend the educa-
tion law, in relation to creating the partnership to accelerate
completion time (Part B); to amend the education law, in relation to
the eligibility requirements for the tuition assistance program and
the creation of a tuition assistance loan program (Part C); to amend
the education law, in relation to the powers of the boards of trustees
of the state university of New York and the city university of New
York to establish tuition rates (Part D); to amend the education law,
in relation to the powers of the boards of trustees of the state
university of New York to establish and contract with not-for-profit
corporations (Part E); to amend the executive law, in relation to the
establishment of the office of educational accountability and effi-
ciency and provide for the powers and functions of such office; and to
amend the education law, in relation to providing the opportunity for
a sound basic education; and to amend the public authorities law, in
relation to additional bonds for an emergency school capital plan
(Part F); to amend the education law, in relation to the calculation
and payment of state aid to school districts and boards of cooperative
educational services; to amend the general municipal law, in relation
to the contracting of school district construction projects; to amend
the public authorities law, in relation to entering into agreements
with school districts; to amend chapter 169 of the laws of 1994 relat-
ing to certain provisions related to the 1994-95 state operations, aid
to localities, capital projects and debt service budgets, in relation
to certain expiration and repeal dates contained therein; to amend
chapter 756 of the laws of 1992 relating to funding a program for
workforce education conducted by the consortium for worker education
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12172-01-5
S. 991 2 A. 1921
in New York city in relation to reimbursement for certain programs; to
amend chapter 82 of the laws of 1995, amending the education law and
certain other laws relating to state aid to school districts and the
appropriation of funds for the support of government, in relation to
the effectiveness thereof; to amend chapter 472 of the laws of 1998,
amending the education law relating to the lease of school buses by
school districts, in relation to the effectiveness thereof; to amend
chapter 405 of the laws of 1999 amending the real property tax law and
other laws relating to improving the administration of the school tax
relief (STAR) program, in relation to the effectiveness thereof; to
amend chapter 57 of the laws of 2004 amending the education law and
other laws relating to the calculation and payment of state aid to
school districts and boards of cooperative educational services, in
relation to the effectiveness thereof; to repeal certain provisions of
the education law relating to letting of construction contracts; to
repeal paragraph b of subdivision 1 of section 1734 and subdivisions 1
and 3 of section 1735 of the public authorities law relating to
contracts of the New York city school construction authority; to
repeal section 11 of chapter 795 of the laws of 1967, amending the
education law, the public authorities law and the real property tax
law, relating to authorizing boards of cooperative educational
services to own and construct buildings, in relation to specifications
for certain public work; and providing for the repeal of certain
provisions upon expiration thereof (Part G); to amend the education
law, in relation to school district budgets for certain school years
(Part H); to amend the education law, in relation to making certain
technical amendments pertaining to payment of state aid to libraries
and library systems (Part I); to amend the education law, in relation
to establishing a program of capital financing for public broadcasting
stations; and providing for the repeal of such provisions upon expira-
tion thereof (Part J); to amend the state finance law, in relation to
establishing a tenured teacher hearing account; and to amend the
education law, in relation to administration of disciplinary hearings
of tenured teachers (Part K); to amend the labor law, in relation to
transfer to certain programs for the vocational rehabilitation of
individuals with disabilities from the education department to the
department of labor, to amend the mental hygiene law, the social
services law, the election law and the education law, in relation to
making technical corrections thereto; to repeal articles 21 and 23-A
and section 4210 of the education law relating to vocational and
educational services to individuals with disabilities; to repeal
subdivision 23 of section 305 of the education law relating to the
powers of the commissioner of education; to amend the labor law, in
relation to the transfer of the workers' compensation board to the
department of labor; to repeal article 8 of the workers' compensation
law; to amend the labor law, in relation to abolishing outdated boards
and councils and creating the fair wages task force; to amend the
general business law and the state finance law, in relation to abol-
ishing references to outdated boards and councils; to amend the execu-
tive law, in relation to the salaries of certain state officers; and
to repeal certain provisions of the labor law and subdivision (e) of
section 4 of chapter 624 of the laws of 1981 relating to enacting the
"Garment Industry Job Retention Act", relating thereto (Part L); to
amend the state finance law, in relation to the use of moneys in the
cultural education account (Part M); to amend the arts and cultural
affairs law, the state finance law, the parks, recreation and historic
S. 991 3 A. 1921
preservation law and the not-for-profit corporation law, in relation
to establishing the New York institute for cultural education and to
transfer certain programs located in the state education department to
the New York institute for cultural education; and repealing certain
provisions of the education law relating thereto (Part N); to amend
the social services law, in relation to holding districts responsible
for achieving a fifty percent work participation rate for families
receiving public assistance (Part O); to amend the social services
law, in relation to penalties imposed for noncompliance with public
assistance work requirements (Part P); to amend the tax law, in
relation to providing an enhanced earned income tax credit under the
personal income tax to certain non-custodial parents; to amend the
social services law, in relation to creating a pilot program for the
unemployed or underemployed non-custodial parent; and to amend the
family court act, in relation to empowering the court to require
underemployed or unemployed custodial parents participation in work
activities (Part Q); to amend the social services law, in relation to
the transfer of the functions, powers, duties and obligations of the
department of labor concerning employment programs for applicants for
and recipients of public assistance from the New York state department
of labor to the New York state office of temporary and disability
assistance and to repeal subdivision 14 of section 21 of the labor
law, relating thereto (Part R); to amend the social services law, in
relation to holding districts responsible for achieving a fifty
percent work participation rate for single adults receiving public
assistance (Part S); to amend the social services law, in relation to
reducing the earned income disregard percentage for public assistance
recipients; and to repeal certain provisions of such law relating
thereto (Part T); to amend the education law, in relation to estab-
lishing the American airlines flight 587 memorial scholarship program
(Part U); to amend the labor law, in relation to worker protection and
labor standards fees (Part V); and to amend the family court act, the
county law, the executive law and the social services law, in relation
to persons in need of supervision; and to repeal sections 734 and 735
of the family court act, relating to preliminary procedures for
persons in need of supervision (Part W)
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2005-2006
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through W. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
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1 Section 1. Section 1680-j of the public authorities law, as added by
2 section 1 of part MM of chapter 59 of the laws of 2004, is amended to
3 read as follows:
4 § 1680-j. New York state higher education capital matching grant
5 board; creation; procedure. 1. Creation. (a) The New York state higher
6 education capital matching grant board is hereby created to have and
7 exercise the powers, duties and prerogatives provided by the provisions
8 of this section and any other provision of law. The board shall remain
9 in existence during the period of the New York state higher education
10 capital matching grant program from the effective date of this section
11 through March thirty-first, two thousand [nine] ten, or the date on
12 which the last of the funds available for grants under this section
13 shall have been disbursed, whichever is earlier; provided, however, that
14 the termination of the existence of the board shall not effect the power
15 and authority of the dormitory authority to perform its obligations with
16 respect to any bonds, notes, or other indebtedness issued or incurred
17 pursuant to authority granted in this section.
18 (b) The membership of the board shall consist of [three] seven persons
19 appointed by the governor, of which one shall be upon the recommendation
20 of the temporary president of the senate and one upon the recommendation
21 of the speaker of the assembly, one upon the recommendation of the
22 minority leader of the senate and one upon the recommendation of the
23 minority leader of the assembly. The members appointed by the governor
24 upon the recommendation of the minority leader of the senate and the
25 minority leader of the assembly shall be non-voting members whose
26 comments shall be entered upon any official record of board proceedings
27 in the same manner as voting members' comments, unless objection is
28 raised by any of the voting members in which case, notwithstanding any
29 provision of the law to the contrary, such comments by non-voting
30 members shall not be entered. The term of the members first appointed
31 shall continue until March thirty-first, two thousand [five] six, and
32 thereafter their successors shall serve for a term of one year ending on
33 March thirty-first in each year. Upon recommendation of the nominating
34 party, the governor shall replace any member in accordance with the
35 provision contained in this subdivision for the appointment of members.
36 [The members of the board shall vote among themselves to determine who
37 shall serve as chair] The governor shall designate one of the members to
38 serve as chairperson. The board shall act by [unanimous] majority vote
39 of the members of the board. Any determination of the board shall be
40 evidenced by a certification thereof executed by all the members. Each
41 member of the board shall be entitled to designate a representative to
42 attend meetings of the board on the designating member's behalf, and to
43 vote or otherwise act on the designating member's behalf in the desig-
44 nating member's absence. Notice of such designation shall be furnished
45 in writing to the board by the designating member. A representative
46 shall serve at the pleasure of the designating member during the
47 member's term of office. A representative shall not be authorized to
48 delegate any of his or her duties or functions to any other person.
49 (c) Every officer, employee, or member of a governing board or other
50 board of any college or group or association of colleges, and every New
51 York state regent, every officer or employee of the board of regents or
52 the department of education and every trustee, officer or employee of
53 the state university of New York or the city university of New York
54 shall be ineligible for appointment as a member, representative, offi-
55 cer, employee or agent of the board.
S. 991 5 A. 1921
1 (d) The members of the board shall serve without salary or per diem
2 allowance but shall be entitled to reimbursement for actual and neces-
3 sary expenses incurred in the performance of official duties pursuant to
4 this section or other provision of law, provided however that such
5 members and representatives are not, at the time such expenses are
6 incurred, public officers or employees otherwise entitled to such
7 reimbursement.
8 (e) The members, their representatives, officers and staff to the
9 board shall be deemed employees within the meaning of section seventeen
10 of the public officers law.
11 2. Definitions. For the purposes of this section, the following terms
12 shall have the respective meanings:
13 (a) "Base grant amount" shall mean a grant equal to [$17.5] ten
14 million dollars distributed equally among independent colleges, provided
15 however that for an eligible independent college with a final fall full-
16 time equivalent enrollment for the two thousand three--two thousand four
17 academic year as published by the state education department of less
18 than one hundred final full-time equivalent students the base grant
19 amount shall be [one hundred] fifty-seven thousand dollars. Provided,
20 however, that an independent non-profit comprehensive, non-traditional,
21 non-instructional assessment institution whose external degree programs
22 only validated a candidate's education experience and granted over four
23 thousand degrees in the two thousand one--two thousand two academic year
24 shall be eligible to receive a base grant equal to the product of (i)
25 ten million dollars; and (ii) its proportion of the total number of
26 non-associate degrees conferred by all colleges and universities state-
27 wide for the two thousand one--two thousand two academic year as
28 reported by the state education department.
29 (b) "Board" shall mean the New York state higher education capital
30 matching grant board created by paragraph (a) of subdivision one of this
31 section.
32 (c) "College" shall mean a public or independent college.
33 (d) ["Endowment" shall mean the total unrestricted assets whose prin-
34 cipal is nonexpendable and is held to the benefit of the college and
35 invested to provide earnings for institutional use as reported within a
36 college's independently audited financial statements as submitted to the
37 dormitory authority. Such total shall exclude assets whose principal
38 supports employee annuity or pension costs, or assets whose purpose is
39 restricted to the support of the current operations of the college.
40 (e)] "Full-time equivalent students" shall mean a college's final fall
41 full-time equivalent enrollment for the two thousand three-two thousand
42 four academic year as published by the state education department.
43 [(f)] (e) "Independent college" shall mean each independent not-for-
44 profit institution of higher education, as defined in subdivision two of
45 section sixty-four hundred one of the education law.
46 [(g)] (f) "Non-state funds" shall mean any funds received no earlier
47 than one hundred eighty days before the effective date of this section,
48 except state funds, accessible by the college for the project including,
49 but not limited to, federal funds, local funds, private funds, and
50 in-kind contributions provided, however that public colleges may not use
51 funds resulting from the imposition of student tuition or fees as non-
52 state funds.
53 [(h)] (g) "Project" shall mean the design, acquisition, recon-
54 struction, rehabilitation, or equipping of a facility on or near a
55 college campus within the state of New York, including critical academic
56 facilities, economic development and/or high technology projects, and
S. 991 6 A. 1921
1 urban renewal and/or historical preservation projects that would enhance
2 the programmatic offerings or the student life at the college or provide
3 economic development benefits to the area surrounding such college
4 campus.
5 [(i)] (h) "Public college" shall mean each component of the state
6 university, as defined in subdivision three of section three hundred
7 fifty-two of the education law and in subdivision two of section sixty-
8 three hundred one of the education law and each senior college and
9 community college of the city university of New York, as defined in
10 subdivisions four and five of section sixty-two hundred two of the
11 education law.
12 [(j) "Total academic square footage amount" shall mean an amount equal
13 to the product of (i) 26.25 million dollars for the state university of
14 New York or 17.5 million dollars for the city university of New York,
15 multiplied by (ii) the eligible college's proportion of the total square
16 footage of academic facilities operated by all components of the state
17 university of New York, as defined in subdivision three of section three
18 hundred fifty-two and in subdivision two of section sixty-three hundred
19 one of the education law or all senior colleges and community colleges
20 of the city university of New York, as defined in subdivisions four and
21 five of section sixty-two hundred two of the education law, respective-
22 ly.
23 (k)] (i) "Total full-time equivalent amount" shall mean an amount
24 equal to the product of (i) [78.75] forty-five million dollars for inde-
25 pendent colleges [or 52.5 million dollars for colleges of the state
26 university of New York or thirty-five million dollars for colleges of
27 the city university of New York], multiplied by (ii) the eligible
28 college's proportion of the total full-time equivalent students for all
29 eligible independent colleges, [all components of the state university
30 of New York, as defined in subdivision three of section three hundred
31 fifty-two and in subdivision two of section sixty-three hundred one of
32 the education law, or all senior colleges and community colleges of the
33 city university of New York, as defined in subdivisions four and five of
34 section sixty-two hundred two of the education law, respectively,] and
35 calculated from an eligible college's final fall full-time equivalent
36 enrollment for the two thousand three--two thousand four academic year
37 as published by the state education department.
38 [(l)] (j) "Total TAP expenditure amount" shall mean an amount equal to
39 the product of (i) the product of forty-five percent of one hundred
40 [seventy-five] million dollars for independent colleges [or the product
41 of twenty-five percent of one hundred five million dollars for colleges
42 of the state university of New York or the product of twenty-five
43 percent of seventy million dollars for colleges of the city university
44 of New York,] multiplied by (ii) an eligible college's proportion of the
45 total funding received under section six hundred sixty-seven of the
46 education law by all eligible independent colleges, [all components of
47 the state university of New York, as defined in subdivision three of
48 section three hundred fifty-two and in subdivision two of section
49 sixty-three hundred one of the education law, or all senior colleges and
50 community colleges of the city university of New York, as defined in
51 subdivisions four and five of section sixty-two hundred two of the
52 education law, respectively,] as estimated by the higher education
53 services corporation for the two thousand three-two thousand four
54 academic year.
55 (k) "Sector" shall mean any of the following groups:
56 (1) New York state independent colleges and universities,
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1 (2) the state university of New York, as defined in subdivision three
2 of section three hundred fifty-two and in subdivision two of section
3 sixty-three hundred one of the education law, or
4 (3) the city university of New York, as defined in subdivisions four
5 and five of section sixty-two hundred two of the education law.
6 3. Powers, functions and duties of the New York state higher education
7 capital grant board; limitations. (a) The New York state higher educa-
8 tion capital grant board shall have the power and it shall be its duty
9 to approve or deny applications received from colleges for higher educa-
10 tion capital matching grants. [In making such determination, the board
11 shall verify that the criteria set forth in paragraph (e) of subdivision
12 four of this section have been met. If necessary, the board may request
13 additional information from the college when making such determination.]
14 (b) Within amounts appropriated therefor, the board is hereby author-
15 ized and directed to award competitive matching capital grants totaling
16 [three] one hundred fifty million dollars. The public college sector and
17 the independent college sector shall each be eligible to receive grants
18 totaling not more than one hundred [seventy-five] fifty million
19 dollars[. Each public college and independent college shall be eligible
20 for a grant award amount as determined by the calculations pursuant to
21 subdivision five of this section. In addition, such public colleges and
22 independent colleges shall be eligible to compete for additional funds
23 pursuant to paragraph (h) of subdivision four of this section.
24 (c) The board shall approve or disapprove the methodology and the
25 resulting matching ratios developed by the dormitory authority pursuant
26 to paragraph (c) of subdivision four of this section.
27 (d) The board shall approve or deny applications for waivers of the
28 standard matching requirement under paragraph (d) of subdivision four of
29 this section.] in accordance with criteria, developed by the board,
30 which shall include, but not be limited to, the following:
31 (1) A college must demonstrate that non-state funds, received no
32 earlier than one hundred eighty days prior to April first, two thousand
33 five, are available to satisfy seventy-five percent of the total
34 approved project costs for which a state grant is being sought and that
35 such funds have been raised for the specified project. In no event shall
36 the grant award exceed twenty-five percent of the total approved project
37 costs as estimated in pre-design documents;
38 (2) Only those capital projects for which construction has not begun
39 or for which equipment has not been purchased as of April first, two
40 thousand five shall be eligible for funding;
41 (3) During the grant review and approval process, preference shall be
42 given to priority projects which include: (i) economic development/high
43 technology (including wet labs); (ii) critical academic facilities; and
44 (iii) urban renewal/historic preservation; and
45 (4) Of the total higher education facilities capital matching grants
46 appropriation enacted in any one state fiscal year, no more than one
47 hundred million dollars may be awarded to any sector as defined in this
48 article.
49 (c) Within amounts appropriated therefor, the board is hereby author-
50 ized and directed to award one hundred million dollars for higher educa-
51 tion capital matching grants to eligible independent colleges. Each
52 independent college shall be eligible to receive a grant equal to the
53 sum of its total full-time equivalent amount, its total TAP expenditure
54 amount and its base amount, pursuant to the following:
55 (1) A college must demonstrate that non-state funds, received no
56 earlier than one hundred eighty days prior to April first, two thousand
S. 991 8 A. 1921
1 five, are available to satisfy seventy-five percent of the total
2 approved project costs for which a state grant is being awarded and that
3 such funds have been raised for the specified project. In no event shall
4 the grant award exceed twenty-five percent of the total approved project
5 costs as estimated in pre-design documents;
6 (2) Only those capital projects for which construction has not begun
7 or for which equipment has not been purchased as of April first, two
8 thousand five shall be eligible for funding.
9 4. New York state higher education capital matching grant program
10 administration and financing.
11 (a) The dormitory authority is hereby authorized and directed to
12 administer the New York state higher education capital matching grant
13 program.
14 (b) The dormitory authority shall serve as staff to the New York state
15 higher education capital matching grant board, including, with the coop-
16 eration of any other state agency, the preparation of information which
17 would assist the board in carrying out its duties.
18 (c) [The dormitory authority of the state of New York shall develop a
19 methodology to determine the required non-state funds contribution for
20 colleges. Such methodology shall consider endowment per full-time equiv-
21 alent student and tuition and fees. Such methodology shall require a
22 greater contribution from those colleges with greater fiscal resources
23 as measured by endowment per full-time equivalent student and tuition
24 and fees. For public colleges the numerator in the matching ratio of
25 non-state funds to grant award amount shall not be greater than two or
26 less than 0.5 and the denominator shall be equal to one for public
27 community colleges, the numerator in the matching ratio of non-state
28 funds to grant award amount shall not be greater than one or less than
29 0.5 and the denominator shall be equal to one; and for independent
30 colleges the numerator in the matching ratio of non-state funds to grant
31 award amount shall not be greater than three or less than 0.5 and the
32 denominator shall be equal to one. Such methodology and the resulting
33 matching ratios shall be submitted to the board for approval within
34 thirty days after the effective date of this section and shall be made
35 available to potential applicants once approved.
36 (d) The standard matching requirement for the purposes of determining
37 a college's required non-state funds contribution shall be as provided
38 in this paragraph. For public colleges the numerator in the standard
39 matching requirement of non-state funds to grant award amount shall be
40 equal to two and the denominator shall be equal to one for public commu-
41 nity colleges the numerator in the standard matching requirement of
42 non-state funds to grant award amount shall be equal to one and the
43 denominator shall be equal to one; and for independent colleges the
44 numerator in the standard matching requirement of non-state funds to
45 grant award amount shall be equal to three and the denominator shall be
46 equal to one. Colleges may apply for a waiver of such standard matching
47 requirement. If such waiver is approved by the board, the required non-
48 state funds contribution shall be determined by the methodology set
49 forth in paragraph (c) of subdivision four of this section.
50 (e) The dormitory authority shall develop a standard application for
51 such grants. Such application shall require colleges to provide, at a
52 minimum, the following:
53 (i) The amount of grant request, such request not to exceed the eligi-
54 ble grant award amount, as provided for in subdivision five of this
55 section. No more than three and one-half of one percent of any capital
56 matching grant issued under this program may be allocated to any college
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1 or to any subsidiary or organization associated therewith for purposes
2 which may include, but not be limited to, any direct or indirect costs
3 of administering the program not contained in the application requesting
4 such capital matching grant, provided however, that no monies granted
5 under the program shall be used to supplant any direct or indirect costs
6 of the grant recipient;
7 (ii) A statement that the proposed project would enhance the program-
8 matic offerings or the student life at the college or provide economic
9 development benefits to the surrounding area;
10 (iii) Whether the project is eligible for funding under the state
11 university or city university capital plan;
12 (iv) Whether the project has the participation and financial support
13 of a consortium of colleges and/or public or private partnerships;
14 (v) A detailed description of the project, including projected costs
15 including the sources and uses of funds, completion timeline, and funds
16 necessary at each stage of project completion;
17 (vi) A description of the type or types of non-state funds to be
18 utilized and the source of such funds;
19 (vii) Information to demonstrate the ability to access sufficient
20 non-state funds to meet the matching ratio requirement, as provided for
21 in paragraph (c) of this subdivision or the standard matching require-
22 ment as provided for in paragraph (d) of this subdivision;
23 (viii) A statement that as of the effective date of this section,
24 construction had not begun and equipment had not been purchased for such
25 project;
26 (ix) A statement whether a recurring source of revenue shall be avail-
27 able to support facility operations and maintenance for the project that
28 the capital matching grant is funding; and
29 (x) A statement whether, the project has received all necessary regu-
30 latory approvals or can demonstrate a reasonable expectation that such
31 approvals will be secured.
32 (f) Upon receipt of a matching grant application, the dormitory
33 authority shall review such grant application for technical sufficiency
34 and compliance with the application criteria as provided for in para-
35 graph (e) of this subdivision. If necessary, the dormitory authority may
36 request additional information from the applicant. When the application
37 is complete, the dormitory authority shall submit such application with
38 an analysis to the capital grant board for its approval or denial.
39 (g) In order to be eligible for such grants, colleges must provide
40 notification to the dormitory authority of an intent to apply for a
41 grant no later than March thirty-first, two thousand seven and must
42 apply for such grant no later than March thirty-first, two thousand
43 eight.
44 (h) If a college does not apply for a grant by March thirty-first, two
45 thousand eight, funds associated with such potential grant shall be
46 awarded, on a competitive basis, to other colleges. Public colleges
47 shall be eligible to apply for unutilized public college grants within
48 their respective systems and independent colleges shall be eligible to
49 apply for unutilized independent college grants. The dormitory authority
50 shall develop a request for proposals and application process, in
51 consultation with the board, for such grants and shall develop criteria,
52 subject to review by the board, for the awarding of such grants. Such
53 criteria shall incorporate the matching criteria contained in paragraph
54 (c) of this subdivision, and the application criteria set forth in para-
55 graph (e) of this subdivision. The dormitory authority shall require all
56 applications in response to the request for proposals to be submitted by
S. 991 10 A. 1921
1 September first, two thousand eight, and the board shall act on each
2 application for such matching grants by November first, two thousand
3 eight.
4 (i) The dormitory authority shall develop a model contract provision
5 to be used in any contract which involves a project for which a college
6 has received a matching grant. Such provision shall indemnify and hold
7 the state of New York harmless from any and all claims for loss or
8 liability alleged to have been caused or resulting from any work involv-
9 ing such project.
10 (j) (i) The dormitory authority is hereby authorized and directed to
11 assist in financing higher education projects by providing to eligible
12 colleges higher education capital matching grants that have been
13 approved by the New York state higher education capital matching grant
14 board.
15 (ii)(A) Notwithstanding the provision of any general or special law to
16 the contrary, and subject to the provisions of chapter fifty-nine of the
17 laws of two thousand and to the making of annual appropriations therefor
18 by the legislature, in order to assist the dormitory authority in
19 providing such higher education capital matching grants, the director of
20 the budget is authorized in any state fiscal year commencing April
21 first, two thousand four or any state fiscal year thereafter for a peri-
22 od ending on March thirty-first, two thousand nine, to enter into one or
23 more service contracts, none of which shall exceed thirty years in dura-
24 tion, with the dormitory authority, upon such terms as the director of
25 the budget and the dormitory authority agree.
26 (B) Any service contract entered into pursuant to clause (A) of this
27 subparagraph or any payments made or to be made thereunder may be
28 assigned and pledged by the dormitory authority as security for its
29 bonds, notes, or other obligations.
30 (C) Any such service contracts shall provide that the obligation of
31 the director of the budget or of the state to fund or to pay the amounts
32 therein provided for shall not constitute a debt of the state within the
33 meaning of any constitutional or statutory provision in the event the
34 dormitory authority assigns or pledges the service contract payments as
35 security for its bonds, notes, or other obligations and shall be deemed
36 executory only to the extent monies are available and that no liability
37 shall be incurred by the state beyond the monies available for the
38 purpose, and that such obligation is subject to annual appropriations by
39 the legislature.
40 (D) Any service contract or contracts entered into pursuant to this
41 subdivision shall provide for state commitments to provide annually to
42 the dormitory authority a sum or sums, upon such terms and conditions as
43 shall be deemed appropriate by the director of the budget, to fund the
44 principal, interest, or other related payments required for any bonds,
45 notes, or other obligations of the dormitory authority issued pursuant
46 to this section.
47 (iii)(A)] To obtain funds for the purposes of this section, the
48 authority shall have power from time to time to issue negotiable bonds
49 or notes. Unless the context shall clearly indicate otherwise, whenever
50 the words "bond" or "bonds" are used in this section, such words shall
51 include a note or notes of the authority.
52 [(B)] (d) The dormitory authority shall not issue any bonds or notes
53 in an amount in excess of [three] two hundred fifty million dollars for
54 the purposes of this section; excluding bonds or notes issued to fund
55 one or more debt service reserve funds, to pay costs of issuance of such
56 bonds, and bonds or notes issued to refund or otherwise repay such bonds
S. 991 11 A. 1921
1 or notes previously issued. Except for purposes of complying with the
2 internal revenue code, any interest on bond proceeds shall only be used
3 to pay debt service on such bonds.
4 [(C) In computing for the purposes of clause (B) of this subparagraph,
5 the aggregate amount of indebtedness evidenced by bonds and notes of the
6 dormitory authority issued pursuant to this title, there shall be
7 excluded the amount of such indebtedness represented by such bonds or
8 notes issued to refund or otherwise repay bonds or notes; provided that
9 the amount so excluded under this clause may exceed the principal amount
10 of such bonds or notes that were issued to refund or otherwise repay
11 only if the present value of the aggregate debt service on the refunding
12 or repayment bonds or notes shall not have at the time of their issuance
13 exceeded the present value of the aggregate debt service of the bonds or
14 notes they were issued to refund or repay, such present value in each
15 case being calculated by using the effective interest rate of the
16 refunding or repayment bonds or notes, which shall be that rate arrived
17 at by doubling the semi-annual interest rate (compounded semi-annually)
18 necessary to discount the debt service payments on the refunding or
19 repayment bonds or notes from the payment date thereof to the date of
20 issue of the refunding or repayment bonds or notes and to the price bid
21 therefor, or to the proceeds received by the dormitory authority from
22 the sale thereof, in each case including estimated accrued interest.
23 (D) The state of New York hereby covenants with the purchasers, hold-
24 ers, and owners from time to time of the bonds of the authority issued
25 pursuant to this section that it will not, subject to the provisions of
26 clause (C) of subparagraph (ii) of this paragraph, repeal, revoke,
27 rescind, modify, or amend the provisions of this section which relate to
28 the making of annual service contract payments to the authority with
29 respect to such bonds as to limit, impair, or impede the rights and
30 remedies granted to bondholders under this title or otherwise diminish
31 the security pledged to such purchasers, holders, and owners or signif-
32 icantly impair the prospect of payment of any such bond.
33 (iv) In addition to the authority with respect to financing higher
34 education projects provided to the dormitory authority in subparagraph
35 (iii) of this paragraph, the dormitory authority is hereby authorized to
36 finance that portion of any higher education project approved to receive
37 a higher education capital matching grant that is in excess of the
38 amount of such grant and which shall be the non-state funds portion of
39 the cost of such project to the same extent and under the same powers
40 and procedures as if such project were named in paragraph (b) of subdi-
41 vision two of section sixteen hundred seventy-six of this title and in
42 subdivision one of section sixteen hundred eighty of this title.
43 5. Limitation on awards. Colleges eligible for participation in the
44 higher education capital matching grants program pursuant to this
45 section shall be eligible to receive a higher education capital matching
46 grant pursuant to the following calculations:
47 (a) Each independent college shall be eligible to receive a grant
48 equal to the sum of its total full-time equivalent amount, its total TAP
49 expenditure amount and its base grant amount; and
50 (b) Each public college shall be eligible to receive a grant equal to
51 the sum of its total full-time equivalent amount, its total TAP expendi-
52 ture amount and its total academic square footage amount.
53 Provided, however, that an Independent non-profit comprehensive, non-
54 traditional, non-instructional assessment institution whose external
55 degree programs only validated a candidate's education experience and
56 granted over four thousand degrees in the two thousand one--two thousand
S. 991 12 A. 1921
1 two academic year shall be eligible to receive a base grant equal to the
2 product of (i) $17.5 million dollars; and (ii) its proportion of the
3 total number of non-associate degrees conferred by all colleges and
4 universities statewide for the two thousand one--two thousand two
5 academic year as reported by the state education department.
6 The dormitory authority shall calculate the amount of the grants that
7 each independent college and each public college shall be eligible to
8 receive in accordance with the limitations set forth in this subdivision
9 as soon as practicable but no more than forty-five days after the effec-
10 tive date of this section and shall make such information conveniently
11 available to the colleges including by the use of electronic dissem-
12 ination methods.
13 6. Contracts. (a) Each contract entered into by a college, which
14 involves a project for which the college has received a capital grant
15 award, shall be subject to the approval of the comptroller and, as to
16 form and manner of execution, by the attorney general of the state of
17 New York.
18 (b) Each contract entered into by a college shall include the
19 provision as provided for in paragraph (i) of subdivision four of this
20 section, which shall indemnify and hold the state of New York harmless
21 from any and all claims for loss or liability alleged to have been
22 caused or resulting from any work involving such project.
23 (c) Each contract entered into by a public college or made in
24 connection with a capital matching grant made to a consortium of
25 colleges that includes a public college regardless of which member of
26 the consortium shall be the contracting party shall be awarded by a
27 competitive process and shall be deemed a state contract for the
28 purposes of article nine of the state finance law, provided, however,
29 that any contract which would not be a state contract except for the
30 application of this paragraph shall not be subject to section one
31 hundred thirty-five of the state finance law.
32 (d) Each contract entered into by a public college or made in
33 connection with a capital matching grant made to a consortium of
34 colleges that includes a public college regardless of which member of
35 the consortium shall be the contracting party shall require that the
36 work covered by such contract shall be deemed "public work" and subject
37 to and performed in accordance with articles eight, nine and ten of the
38 labor law and, for the purposes of article fifteen-A of the executive
39 law, the contracting party under such contracts shall be deemed a state
40 agency as that term is defined in such article and such contracts shall
41 be deemed state contracts within the meaning of that term as set forth
42 in such article.
43 (e) Independent colleges whose contracts are not state contracts for
44 the purposes of article nine of the state finance law and article
45 fifteen-A of the executive law and whose projects under such contracts
46 do not involve public work so as to be subject to articles eight, nine,
47 and ten of the labor law, shall execute an undertaking, as a condition
48 of receiving any capital matching grant, to voluntarily comply with
49 article nine of the state finance law, except section one hundred thir-
50 ty-five of such law, article fifteen-A of the executive law, and arti-
51 cles eight, nine, and ten of the labor law so far as the same would be
52 applicable to the contracts of a public college, and to be subject to
53 the enforcement provisions of said articles to the same extent.
54 7] 5. Reporting. [(a)] The New York state higher education capital
55 matching grant board shall, annually on or before December first,
56 prepare and submit an annual report to the governor and the chair of the
S. 991 13 A. 1921
1 assembly ways and means committee and the chair of the senate finance
2 committee. Such report shall contain at a minimum [the following infor-
3 mation: (i)] a list of all applications filed by any college for a grant
4 under the higher education capital grant program including the name of
5 the applying college, a brief description of the project, and the amount
6 of the grant requested[; (ii) a list of the applications granted by the
7 board specifying the amount of the grant approved if such amount is
8 different from the amount applied for; and (iii) a statement showing the
9 dollar amount of all grants approved by the board and the dollar amount
10 of the remaining capacity for future grants.
11 (b) Any eligible institution receiving a grant pursuant to this arti-
12 cle shall report to the dormitory authority no later than June first,
13 two thousand seven, on the use of funding received and its programmatic
14 and economic impact. The dormitory authority shall submit a report no
15 later than November first, two thousand seven to the board, the gover-
16 nor, the director of the budget, the temporary president of the senate,
17 and the speaker of the assembly on the aggregate impact of the higher
18 education capital matching grant program. Such report shall provide
19 information on the progress and economic impact of each project].
20 § 2. This act shall take effect immediately.
21 PART B
22 Section 1. The education law is amended by adding a new article 14-B
23 to read as follows:
24 ARTICLE 14-B
25 PARTNERSHIP TO ACCELERATE COMPLETION TIME
26 Section 696. Program established.
27 696-a. Definitions.
28 696-b. Eligibility requirements for students participating in
29 PACT.
30 696-c. Requirements for colleges participating in PACT.
31 696-d. State financial assistance for PACT.
32 696-e. Campus allocation plans.
33 696-f. Reporting.
34 § 696. Program established. There is hereby established a program
35 entitled the Partnership to Accelerate Completion Time (PACT) designed
36 to promote timely and successful graduation from the state's colleges
37 and universities. PACT programs shall be created at each campus within
38 the state university of New York and the city university of New York,
39 and voluntary participation is authorized at the state's independent
40 colleges.
41 § 696-a. Definitions. As used in this article, the following terms
42 shall have the following meanings:
43 1. "College" shall mean a public or independent college within New
44 York state.
45 2. "Public college" shall mean each component of the state university,
46 as defined in subdivision three of section three hundred fifty-two of
47 this chapter and in subdivision two of section sixty-three hundred one
48 of this chapter and each senior college and community college of the
49 city university of New York, as defined in subdivisions four and five of
50 section sixty-two hundred two of this chapter.
51 3. "Independent college" shall mean each independent not-for-profit
52 institution of higher education, as defined in subdivision two of
53 section sixty-four hundred one of this chapter.
S. 991 14 A. 1921
1 4. "Timely" when referring to graduation, shall mean receiving or
2 conferring an associate degree within two academic years of initial
3 enrollment, or receiving a bachelor's degree within four academic years
4 of initial enrollment or within five academic years if the student is
5 enrolled in a program normally requiring five years.
6 § 696-b. Eligibility requirements for students participating in PACT.
7 Beginning in the academic year two thousand five--two thousand six,
8 students enrolling at colleges participating in PACT will be eligible to
9 register for PACT based upon their commitment to timely graduation.
10 Furthermore, participating students must declare a major prior to regis-
11 tration for a third semester, maintain continuous enrollment in their
12 declared major, meet all academic coursework requirements, and maintain
13 good academic standing. Failure to meet the requirements set forth in
14 this section will result in a loss of the benefits provided by the
15 college in accordance with section six hundred ninety-six-c of this
16 chapter.
17 § 696-c. Requirements for colleges participating in PACT. Colleges
18 participating in PACT shall commit to providing those courses of study
19 necessary for PACT students to graduate in a timely fashion, and any
20 failure on the part of the college to provide such necessary courses or
21 suitable substitutes, shall result in the college paying the student's
22 tuition and course-related fees for course work required to complete the
23 degree.
24 § 696-d. State financial assistance for PACT. In order to fund PACT
25 development expenses, beginning in the academic year two
26 thousand five--two thousand six, each participating public college will
27 receive a base amount equivalent to fifty dollars per first-time, full-
28 time student. Participating public and private institutions will also
29 receive two hundred fifty dollars for each timely associated degree, and
30 five hundred dollars for each timely bachelor degree, conferred upon
31 successful PACT graduates.
32 § 696-e. Campus allocation plans. The trustees of the state university
33 and the city university are hereby directed to modify their campus allo-
34 cation plans to recognize and reward campuses for their performance in
35 effecting timely graduations. Said allocations shall take into consider-
36 ation factors that may affect graduation rates including, but not limit-
37 ed to, differing student populations served by the campuses.
38 § 696-f. Reporting. By September first of each year, the trustees of
39 the state university of New York, the trustees of the city university of
40 New York and the presidents of participating independent colleges shall
41 prepare a report on their participation in, and results of, the PACT
42 program during the previous academic year. This report shall be submit-
43 ted to the governor, the majority leader of the senate and the speaker
44 of the assembly.
45 § 2. This act shall take effect July 1, 2005.
46 PART C
47 Section 1. Paragraphs b and c of subdivision 6 of section 661 of the
48 education law, paragraph b as amended and paragraph c as added by chap-
49 ter 637 of the laws of 1985 and subparagraph 1 of paragraph c as amended
50 by chapter 212 of the laws of 1988, are amended to read as follows:
51 b. Any student who is in default in the repayment of any student loan,
52 made under the Federal Family Education Loan Program or the William D.
53 Ford Direct Loan Program and who has not regained eligibility for feder-
54 al student aid programs, or any student who is in default in the repay-
S. 991 15 A. 1921
1 ment of any other student loan the payment of which has been guaranteed
2 by the corporation pursuant to the provisions of section six hundred
3 eighty of this article, or any student who has failed to comply with the
4 terms of any service condition imposed by an academic performance award
5 made pursuant to this article or any student who has failed to repay an
6 award made under this article as required by paragraph a of subdivision
7 four of section six hundred sixty-five of this article shall not be
8 eligible for any general award, academic performance award or student
9 loan so long as such default status or failure to comply or repay
10 continues, except as provided in paragraph c of this subdivision.
11 c. A student who has defaulted on [a guaranteed student loan] any
12 student loan made under the Federal Family Education Loan Program or the
13 William D. Ford Direct Loan Program and who has not regained eligibility
14 for federal student aid programs, or any student who is in default in
15 the repayment of any other student loan or has failed to make a refund
16 of an award may notwithstanding be considered eligible for a further
17 guaranteed student loan or an award or both, if
18 [(1) (i) the student, except for the default, shall be eligible for
19 the guaranteed student loan or the award; and (ii) the student has
20 entered into a plan of repayment of the amount outstanding on the
21 defaulted loan or refund satisfactory to the corporation, and has made
22 satisfactory payments thereunder for a period of six months prior to the
23 application to the corporation for the guaranteed student loan or the
24 award; and (iii) in the case of a default in the payment of a guaranteed
25 student loan, the student has demonstrated to the satisfaction of the
26 president, that at the time the default occurred the student was enti-
27 tled to a deferment or could have been granted forbearance of payment on
28 the loan by the lender if a request for forbearance had been made;
29 (2) application for the further loan or award as authorized by this
30 paragraph shall be on such forms and supported by such documentation as
31 shall be prescribed by the president. The determination on the applica-
32 tion by the president may be made without a hearing and shall be deemed
33 final administrative action;
34 (3) anything to the contrary herein notwithstanding the corporation
35 may offset any award to which the student shall be entitled against a
36 refund due for a previous award, as provided under the provisions of
37 subdivision four of section six hundred sixty-five of this article] the
38 student is eligible for the guaranteed student loan or award and the
39 student has cured the default status pursuant to federal law, as promul-
40 gated in regulation by the corporation.
41 § 2. Paragraph a of subdivision 3 of section 665 of the education law,
42 as amended by chapter 195 of the laws of 1980, is amended to read as
43 follows:
44 a. Each institution of post-secondary education shall certify to the
45 corporation, on forms provided by the president, that each student in
46 attendance at that institution who has applied for a general award or
47 academic performance award under this article is eligible for such award
48 in accordance with all criteria established for such award by statute
49 and regulation. Such certification shall be made [on forms provided by
50 the president] no earlier than forty-five days after the start of the
51 academic semester, quarter, or other term of attendance and within such
52 time as required by the president and shall state as of the date of such
53 certification that[, as of the date established by the institution in
54 accordance with its refund policy and the regulations of the commission-
55 er,] the student (i) has incurred a full tuition liability for that term
56 of attendance, (ii) [was no longer eligible for a refund upon withdrawal
S. 991 16 A. 1921
1 from study, (iii)] was in full-time attendance and [(iv)] (iii) satis-
2 fied all other eligibility requirements for such award. If any student
3 does not satisfy the necessary eligibility requirements on that date,
4 [it shall be the responsibility of the institution to so state, to spec-
5 ify whether such student was eligible prior to that date and the amount
6 of tuition liability incurred] an award shall not be granted.
7 § 3. Subdivision 6 of section 665 of the education law, as amended by
8 chapter 195 of the laws of 1980 and paragraph a as designated and para-
9 graph b as added by chapter 1047 of the laws of 1981, is amended to read
10 as follows:
11 6. Loss of good academic standing. [a.] If the recipient of an award
12 fails to maintain good academic standing as defined by the commissioner
13 pursuant to article thirteen of this chapter, which definition shall
14 include direction to institutions to establish standards of reasonable
15 progress toward completion of the program in which a student is
16 enrolled, the president shall suspend further payments under the award
17 until and unless the student shall establish, to the satisfaction of the
18 commissioner, promise of successful completion of the program for which
19 the award is made, and the president may revoke the award if the recipi-
20 ent is not reinstated in good academic standing within a reasonable time
21 to be set by the commissioner.
22 [b. Notwithstanding any law, rule or regulation to the contrary,
23 department of education regulation 145-2.2 filed April twenty-eighth,
24 nineteen hundred eighty, shall apply only to students receiving aid
25 under this article for the first time during school year nineteen
26 hundred eighty-one--nineteen hundred eighty-two or thereafter, except
27 that such regulation shall not apply to students receiving aid under
28 section six hundred sixty-seven-a of this chapter.]
29 For purposes of this subdivision, "reasonable progress toward
30 completion of the program" shall mean a student must complete, at a
31 minimum, the following requirements at the time of certification,
32 provided nothing shall prevent a college from developing stricter stand-
33 ards to measure reasonable progress:
34 (i) For students first receiving aid in two thousand five--two thou-
35 sand six and enrolled in four-year or five-year undergraduate programs:
36 Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th
37 Certified
38 for This
39 Payment
40 A Student Must 0 6 15 21 33 45 60 75 90 105
41 Have Accrued at
42 Least This
43 Many Credits
44 With At Least 0 1.3 1.5 1.7 2.0 2.0 2.0 2.0 2.0 2.0
45 This Grade
46 Point Average
47 (ii) For students first receiving aid in two thousand five--two thou-
48 sand six and enrolled in two-year undergraduate programs:
49 Before Being 1 2 3 4 5 6
50 Certified
51 for This
52 Payment
S. 991 17 A. 1921
1 A Student 0 6 12 18 30 45
2 Must Have
3 Accrued at
4 Least This
5 Many Credits
6 With At Least 0 1.3 1.5 1.7 2.0 2.0
7 This Grade Point
8 Average
9 § 4. Subdivision 3 of section 667 of the education law, as added by
10 chapter 83 of the laws of 1995, paragraph a as amended by section 1,
11 clause (B) of subparagraph (i) of paragraph b as amended by section 2,
12 subparagraph (iv) of paragraph b as amended by section 3 and clause (B)
13 of subparagraph (i) of paragraph c as amended by section 4 of part B of
14 chapter 60 of the laws of 2000, and paragraph b as amended by chapter
15 309 of the laws of 1996, is amended to read as follows:
16 3. Tuition assistance program awards.
17 a. Amount. The president shall make awards to students enrolled in
18 degree-granting institutions or registered not-for-profit business
19 schools qualified for tax exemption under § 501(c)(3) of the internal
20 revenue code for federal income tax purposes in the following amounts:
21 (i) For each year of undergraduate study, assistance shall be provided
22 as computed on the basis of the amount which is the lesser of the
23 following:
24 (A) (1) In the case of students who have not been granted an exclusion
25 of parental income or had a dependent for income tax purposes during the
26 tax year next preceding the academic year for which application is made:
27 (a) For students first receiving aid after nineteen hundred ninety-
28 three--nineteen hundred ninety-four and before two thousand--two thou-
29 sand one, four thousand one hundred twenty-five dollars; or
30 (b) For students first receiving aid in nineteen hundred ninety-three-
31 -nineteen hundred ninety-four or earlier, three thousand five hundred
32 seventy-five dollars; or
33 (c) For students first receiving aid in [the] two thousand--two thou-
34 sand one and thereafter, five thousand dollars.
35 (2) In the case of students receiving awards pursuant to subparagraph
36 (iii) of this paragraph[.]:
37 (a) For students first receiving aid in nineteen hundred ninety-four
38 --nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
39 teen hundred ninety-six and thereafter, three thousand twenty-five
40 dollars, or
41 (b) For students first receiving aid in nineteen hundred ninety-two--
42 nineteen hundred ninety-three and nineteen hundred ninety-three--nine-
43 teen hundred ninety-four, two thousand five hundred seventy-five
44 dollars, or
45 (c) For students first receiving aid in nineteen hundred ninety-one--
46 nineteen hundred ninety-two or earlier, two thousand four hundred fifty
47 dollars; or
48 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
49 educational fees) charged and, if applicable, the college fee levied by
50 the state university of New York pursuant to the April first, nineteen
51 hundred sixty-four financing agreement with the New York state dormitory
52 authority, as subsequently amended.
53 (2) For the two thousand one--two thousand two academic year and ther-
54 eafter one hundred percent of the amount of tuition (exclusive of educa-
55 tional fees) charged and, if applicable, the college fee levied by the
S. 991 18 A. 1921
1 state university of New York pursuant to the April first, nineteen
2 hundred sixty-four financing agreement, as subsequently amended, with
3 the New York state dormitory authority.
4 (ii) Except for students as noted in subparagraph (iii) of this para-
5 graph, the base amount as determined from subparagraph (i) of this para-
6 graph, shall be reduced in relation to income as follows:
7 Amount of income Schedule of reduction
8 of base amount
9 (A) Less than seven thousand None
10 dollars
11 (B) Seven thousand dollars or Seven per centum of excess
12 more, but less than eleven over seven thousand dollars
13 thousand dollars
14 (C) Eleven thousand dollars or Two hundred eighty dollars
15 more, but less than eighteen plus ten per centum of excess
16 thousand dollars over eleven thousand dollars
17 (D) Eighteen thousand dollars or Nine hundred eighty dollars
18 more, but not more than eighty plus twelve per centum of
19 thousand dollars excess over eighteen
20 thousand dollars
21 (iii) For students who have been granted exclusion of parental income
22 and were single with no dependent for income tax purposes during the tax
23 year next preceding the academic year for which application is made, the
24 base amount, as determined in subparagraph (i) of this paragraph, shall
25 be reduced in relation to income as follows:
26 Amount of income Schedule of reduction
27 of base amount
28 (A) Less than three thousand None
29 dollars
30 (B) Three thousand dollars or Thirty-one per centum of
31 more, but not more than ten amount in excess of three
32 thousand dollars thousand dollars
33 (iv) If the amount of reduction is not a whole dollar, it shall be
34 reduced to the next lowest whole dollar. In the case of any student who
35 has received four or more payments pursuant to any and all awards
36 provided for in this subdivision, for the two thousand--two thousand one
37 academic year the base amount shall be reduced by an additional one
38 hundred fifty dollars for the two thousand one--two thousand two academ-
39 ic year and thereafter the base amount shall be reduced by an additional
40 one hundred dollars.
41 (v) The award shall be the net amount of the base amount determined
42 pursuant to subparagraph (i) of this paragraph reduced pursuant to
43 subparagraph (ii) or (iii) of this paragraph but the award shall not be
44 reduced for the two thousand--two thousand one and two thousand one--two
45 thousand two academic years below two hundred seventy-five dollars if
46 the amount of income is eighty thousand dollars or less and more than
47 seventy thousand dollars, three hundred twenty-five dollars if the
48 amount of income is seventy thousand dollars or less and more than sixty
49 thousand dollars and four hundred twenty-five dollars if the amount of
50 income is sixty thousand dollars or less.
S. 991 19 A. 1921
1 (vi) For the two thousand two--two thousand three academic year and
2 thereafter, the award shall be the net amount of the base amount deter-
3 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
4 subparagraph (ii) or (iii) of this paragraph but the award shall not be
5 reduced below five hundred dollars.
6 (vii) For students first receiving aid in two thousand five--two thou-
7 sand six and thereafter, the awards as determined pursuant to subpara-
8 graphs (i), (ii), (iii) and (iv) of this paragraph as adjusted pursuant
9 to subparagraph (vi) of this paragraph shall further be reduced by one-
10 half to create a base award for supplementation by a performance award.
11 b. Amount. The president shall make awards to students enrolled in two
12 year programs offered in registered private business schools except for
13 registered not-for-profit business schools qualified for tax exemption
14 under section 501(c)(3) of the internal revenue code for federal income
15 tax purposes in the following amounts:
16 (i) For each year of study, assistance shall be provided as computed
17 on the basis of the amount which is the lesser of the following:
18 (A) (1) eight hundred dollars, or
19 (2) for students receiving awards pursuant to subparagraph (iii) of
20 this paragraph, six hundred forty dollars; or
21 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
22 educational fees) charged.
23 (2) For the two thousand one--two thousand two academic year and ther-
24 eafter one hundred percent of the amount of tuition (exclusive of educa-
25 tional fees).
26 (ii) Except for students as noted in subparagraph (iii) of this para-
27 graph, the base amount as determined in subparagraph (i) of this para-
28 graph, shall be reduced in relation to income as follows:
29 Amount of income Schedule of reduction
30 of base amount
31 (A) Less than seven thousand None
32 dollars
33 (B) Seven thousand dollars or Seven per centum of the excess
34 more, but less than eleven over seven thousand dollars
35 thousand dollars
36 (C) For students first receiving aid:
37 (1) for the first time in academic years nineteen hundred eighty-nine-
38 -nineteen hundred ninety, nineteen hundred ninety-two--nineteen hundred
39 ninety-three and nineteen hundred ninety-three--nineteen hundred nine-
40 ty-four:
41 Amount of income Schedule of reduction of
42 base amount
43 Eleven thousand dollars or Two hundred eighty dollars plus
44 more but not more than forty- ten per centum of the excess
45 two thousand five hundred over eleven thousand dollars
46 dollars
47 (2) for the first time in academic years nineteen hundred ninety--
48 nineteen hundred ninety-one, nineteen hundred ninety-one--nineteen
49 hundred ninety-two, nineteen hundred ninety-four--nineteen hundred nine-
50 ty-five and thereafter:
S. 991 20 A. 1921
1 Amount of income Schedule of reduction of
2 base amount
3 Eleven thousand dollars or Two hundred eighty dollars plus
4 more but not more than fifty ten per centum of the excess
5 thousand five hundred over eleven thousand dollars
6 dollars
7 (3) for the first time in academic years prior to academic year nine-
8 teen hundred eighty-nine--nineteen hundred ninety:
9 Amount of income Schedule of reduction of
10 base amount
11 Eleven thousand dollars or Two hundred eighty dollars plus
12 more but not more than thirty- ten per centum of the excess over
13 four thousand two hundred fifty eleven thousand dollars
14 dollars
15 (iii) For students who have been granted exclusion of parental income
16 and were single with no dependent for income tax purposes during the tax
17 year next preceding the academic year for which application is made, the
18 base amount, as determined in subparagraph (i) of this paragraph, shall
19 be reduced in relation to income as follows:
20 Amount of income Schedule of reduction of
21 base amount
22 (A) Less than three thousand None
23 dollars
24 (B) Three thousand dollars or Thirty-one per centum of the ex-
25 more, but not more than ten cess over three thousand dollars
26 thousand dollars
27 (iv) If the amount of reduction is not a whole dollar, it shall be
28 reduced to the next lowest whole dollar. In the case of any student who
29 has received four or more payments pursuant to any and all awards
30 provided for in this subdivision, for the two thousand--two thousand one
31 academic year the base amount shall be reduced by an additional one
32 hundred fifty dollars for the two thousand one--two thousand two academ-
33 ic year and thereafter the base amount shall be reduced by an additional
34 one hundred dollars.
35 (v) The award shall be the net amount of the base amount determined
36 pursuant to subparagraph (i) of this paragraph reduced pursuant to
37 subparagraph (ii) or (iii) of this paragraph but the award shall not be
38 reduced below one hundred dollars. If the income exceeds the maximum
39 amount of income allowable under subparagraph (ii) or (iii) of this
40 paragraph, no award shall be made.
41 (vi) For students first receiving aid in two thousand five--two thou-
42 sand six and thereafter, the awards as determined pursuant to subpara-
43 graphs (i), (ii), (iii) and (iv) of this paragraph as adjusted pursuant
44 to subparagraph (v) of this paragraph shall further be reduced by one-
45 half to create a base award for supplementation by a performance award.
46 c. Amount. The president shall make awards to graduate students in the
47 following amounts:
S. 991 21 A. 1921
1 (i) For each year of graduate study, assistance shall be provided as
2 computed on the basis of the amount which is the lesser of the follow-
3 ing:
4 (A) Five hundred fifty dollars; or
5 (B) (1) Ninety-five percent of the amount of tuition (exclusive of
6 [education] educational fees) charged.
7 (2) For the two thousand one--two thousand two academic year and ther-
8 eafter one hundred percent of the amount of tuition (exclusive of educa-
9 tional fees).
10 (ii) Except for students as noted in subparagraph (iii) of this para-
11 graph, the base amount as determined in subparagraph (i) of this para-
12 graph, shall be reduced in relation to income as follows:
13 Amount of income Schedule of reduction of
14 base amount
15 (A) Less than two thousand None
16 dollars
17 (B) Two thousand dollars or more, Seven and seven-tenths
18 but not more than twenty thou- per centum of the excess over two
19 sand dollars thousand dollars
20 (iii) For students who have been granted exclusion of parental income
21 and were single with no dependent for income tax purposes during the tax
22 year next preceding the academic year for which application is made, the
23 base amount as determined in subparagraph (i) of this paragraph, shall
24 be reduced in relation to income as follows:
25 Amount of income Schedule of reduction
26 of base amount
27 (A) Less than one thousand None
28 dollars
29 (B) One thousand dollars or Twenty-six per centum of the excess
30 more, but not more than five over one thousand dollars
31 thousand six hundred sixty-
32 six dollars
33 (iv) If the amount of reduction is not a whole dollar, it shall be
34 reduced to the next lowest whole dollar.
35 (v) The award shall be the net amount of the base amount determined
36 pursuant to subparagraph (ii) or (iii) of this paragraph but the award
37 shall not be reduced below seventy-five dollars. If the income exceeds
38 the maximum amount of income allowable under subparagraph (ii) or (iii)
39 of this paragraph, no award shall be made.
40 d. Restrictions. In no [even] event shall [shall] any award:
41 (i) be made unless the annual tuition (exclusive of educational fees)
42 and, if applicable, the college fee levied by the state university of
43 New York pursuant to the April first, nineteen hundred sixty-four
44 financing agreement, as subsequently amended, with the New York state
45 dormitory authority charged for the program in which the student is
46 enrolled total at least two hundred dollars; or
47 (ii) exceed the amount by which such annual tuition (exclusive of
48 educational fees) and, if applicable, the college fee levied by the
49 state university of New York pursuant to the April first, nineteen
50 hundred sixty-four financing agreement, as subsequently amended, with
51 the New York state dormitory authority exceed the total of all other
S. 991 22 A. 1921
1 state, federal, or other educational aid that is received or receivable
2 by such student during the school year for which such award is applica-
3 ble and that, in the judgment of the commissioner, would duplicate the
4 purposes of the award; or
5 (iii) be made when income exceeds the maximum income set forth in this
6 subdivision. The commissioner shall list in his regulations all major
7 state and federal financial aid available to New York state students and
8 identify any forms of aid that are duplicative of the purposes of the
9 tuition assistance program. For the purposes of this subdivision,
10 neither United States war orphan educational benefits nor benefits under
11 the veterans' readjustment act of nineteen hundred sixty-six shall be
12 considered as federal or other educational aid.
13 § 5. Section 667 of the education law is amended by adding a new
14 subdivision 4 to read as follows:
15 4. Student performance award. a. An undergraduate student who
16 completes an approved program as defined in section six hundred one of
17 this title shall be eligible for a performance award. A "performance
18 award" shall be defined as the aggregate amount of the reductions in
19 awards applied pursuant to subparagraph (vii) of paragraph a and subpar-
20 agraph (vi) of paragraph b of subdivision three of this section and the
21 interest (if any) accrued on any loans received by or on behalf of the
22 undergraduate student under Title IV of the Higher Education Act of
23 1965, as amended, and this article for the purpose of financing such
24 reductions in awards.
25 b. Student performance awards shall be made to eligible students
26 certified by the institution of post-secondary education in a format to
27 be prescribed by the president as meeting the requirement of paragraph a
28 of this subdivision.
29 c. The president shall be responsible for calculating the dollar
30 amount of the performance award for which a student is eligible and
31 shall be responsible for all performance award payments. The amount of
32 interest paid shall not exceed the amount that would accrue on a loan
33 that is repaid in a ten year repayment schedule.
34 § 6. Subdivision 1 of section 680 of the education law is amended by
35 adding a new paragraph d to read as follows:
36 d. To lend money or guarantee loans, consistent with applicable state
37 law, and, upon such terms as the board may prescribe to persons who are
38 eligible for the tuition assistance loan program, to assist in meeting
39 their post-secondary education tuition expenses.
40 § 7. The education law is amended by adding a new section 680-a to
41 read as follows:
42 § 680-a. Tuition assistance loan program. 1. Recipient qualifications.
43 The president shall make or guarantee loans to a student who received an
44 award under section six hundred sixty-seven of this article upon demon-
45 stration that the student has received the maximum annual loan amount
46 available under the federal guaranteed loan program or the federal
47 direct loan program.
48 2. Amount. The president shall make or guarantee loans to eligible
49 students for the amount of the annual reduction in awards applied pursu-
50 ant to subparagraph (vii) of paragraph a and subparagraph (vi) of para-
51 graph b of subdivision three of section six hundred sixty-seven of this
52 article that are still remaining after receipt of the maximum annual
53 loan amounts available under the federal guaranteed loan program or the
54 federal direct loan program.
55 3. Repayment of loan. Any loan made or guaranteed by the corporation
56 pursuant to this section shall have the same terms and conditions as
S. 991 23 A. 1921
1 student loans under Part B of Title IV of the Higher Education Act of
2 1965, as amended, provided that the loan shall accrue interest at the
3 same rate as PLUS loans under Part B of Title IV of the Higher Education
4 Act of 1965, as amended.
5 § 8. This act shall take effect immediately and shall be deemed to
6 have been in full force and effect on and after April 1, 2005 and shall
7 apply to the academic years starting July 1, 2005 and thereafter.
8 PART D
9 Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
10 355 of the education law, as amended by chapter 309 of the laws of 1996,
11 is amended to read as follows:
12 (4) The trustees shall not impose a differential tuition charge based
13 upon need or income. All students enrolled in programs leading to like
14 degrees at state-operated institutions of the state university shall be
15 charged a uniform rate of tuition except for differential tuition rates
16 based on state residency. Provided, however, that the trustees may
17 authorize the presidents of the colleges of technology and the colleges
18 of agriculture and technology to set differing rates of tuition for each
19 of the colleges for students enrolled in degree-granting programs lead-
20 ing to an associate degree and non-degree granting programs so long as
21 such tuition rate does not exceed the tuition rate charged to students
22 who are enrolled in like degree programs or degree-granting undergradu-
23 ate programs leading to a baccalaureate degree at other state-operated
24 institutions of the state university of New York. [The trustees shall
25 not adopt changes affecting tuition charges prior to the enactment of
26 the annual budget.] Notwithstanding the provisions of this subparagraph,
27 the trustees may establish differing rates of tuition by institutional
28 sector or academic program where market considerations or extraordinary
29 costs of such sectors or programs support a higher rate of tuition, in
30 accordance with guidelines established by the chancellor or his or her
31 designee. Effective for the two thousand six--two thousand seven academ-
32 ic year and thereafter, by July fifteenth of each year, the trustees
33 shall establish rates of tuition for the next academic year, in accord-
34 ance with the following:
35 (a) tuition rates shall be adjusted annually based on an increment
36 such as the higher education price index or other appropriate economic
37 indices as determined by the chancellor or his or her designee;
38 (b) tuition rates at doctoral campuses, as such category is defined by
39 the state university, may be adjusted based on a multiple of the above-
40 determined index to reflect the higher costs of education at such
41 campuses, provided that the tuition rates at the doctoral campuses shall
42 not exceed one and a half times the maximum tuition rate at other state-
43 operated campuses;
44 (c) notwithstanding the provisions of clause (a) of this subparagraph,
45 beginning with the tuition rates effective for fall two thousand five,
46 resident undergraduate students, including first-time freshmen and
47 transfers, shall be guaranteed a fixed rate of tuition for the remainder
48 of the duration of the defined term of their undergraduate program,
49 provided that such student's attendance in each year of their program is
50 on a full-time basis. A "defined term" shall be four years for a bach-
51 elor's degree program requiring a minimum of one hundred twenty credits
52 or five years for a bachelor's degree program requiring a minimum of one
53 hundred fifty credits. Exceptions for particular academic programs or
54 extensions to this limitation for hardships, authorized leaves or mili-
S. 991 24 A. 1921
1 tary service may be provided in accordance with guidelines established
2 by the trustees;
3 (d) the above restrictions on the trustees' tuition rate-setting
4 authority shall apply only in such years where the state university
5 receives full state tax dollar funding in the state budget, as herein-
6 after defined. "Full state tax dollar funding" is defined as having
7 occurred when a state budget has been enacted prior to the commencement
8 of the state university of New York's fiscal year, in which there is no
9 reduction from prior year state tax dollar funding of the state univer-
10 sity and incremental state tax dollar support is provided for mandated
11 collective bargaining costs, energy cost increases and other newly-
12 imposed costs required by state statutes, rules or regulations or other-
13 wise outside the state university's control. In those years where the
14 state university does not receive full state tax dollar funding, the
15 trustees may establish tuition rates in such manner and amount and at
16 such times as necessary to generate sufficient revenue to compensate for
17 the absence of full state tax dollar funding. The chancellor shall
18 report the rationale and methodology for such tuition rates to the
19 director of the budget, chairman of the senate finance committee, chair-
20 man of the assembly ways and means committee, chairman of the senate
21 higher education committee, and chairman of the assembly higher educa-
22 tion committee;
23 (e) a portion of such additional tuition revenues as may be generated
24 from the adjustments described in clauses (a) and (b) of this subpara-
25 graph, shall be used by the state university for enhancements to academ-
26 ic quality, particularly, the recruitment and retention of full-time
27 tenure-track faculty in accordance with a plan developed and amended
28 from time to time by the state university and submitted to the director
29 of the budget, chairman of the senate finance committee, chairman of the
30 assembly ways and means committee, chairman of the senate higher educa-
31 tion committee, and chairman of the assembly higher education committee.
32 In setting tuition rates for the two thousand five--two thousand six
33 academic year and thereafter for resident and non-resident medical
34 students, the trustees may charge differential tuition to those medical
35 students who agree to practice medicine in a public capacity upon
36 completion of their medical training.
37 § 2. Paragraph (a) of subdivision 7 of section 6206 of the education
38 law, as amended by chapter 327 of the laws of 2002, is amended to read
39 as follows:
40 (a) The board of trustees shall establish positions, departments,
41 divisions and faculties; appoint and in accordance with the provisions
42 of law fix salaries of instructional and non-instructional employees
43 therein; establish and conduct courses and curricula; prescribe condi-
44 tions of student admission, attendance and discharge; and shall have the
45 power to determine in its discretion whether tuition shall be charged
46 and to regulate tuition charges, and other instructional and non-in-
47 structional fees and other fees and charges at the educational units of
48 the city university. [The trustees shall not impose a differential
49 tuition charge based upon need or income. All students enrolled in
50 programs leading to like degrees at the senior colleges shall be charged
51 a uniform rate of tuition, except for differential tuition rates based
52 on state residency.] The trustees shall further provide that the payment
53 of tuition and fees by any student who is not a resident of New York
54 state, other than a non-immigrant alien within the meaning of paragraph
55 (15) of subsection (a) of section 1101 of title 8 of the United States
S. 991 25 A. 1921
1 Code, shall be paid at a rate or charge no greater than that imposed for
2 students who are residents of the state if such student:
3 (i) attended an approved New York high school for two or more years,
4 graduated from an approved New York high school and applied for attend-
5 ance at an institution or educational unit of the city university within
6 five years of receiving a New York state high school diploma; or
7 (ii) attended an approved New York state program for general equiv-
8 alency diploma exam preparation, received a general equivalency diploma
9 issued within New York state and applied for attendance at an institu-
10 tion or educational unit of the city university within five years of
11 receiving a general equivalency diploma issued within New York state; or
12 (iii) was enrolled in an institution or educational unit of the city
13 university in the fall semester or quarter of the two thousand one--two
14 thousand two academic year and was authorized by such institution or
15 educational unit to pay tuition at the rate or charge imposed for
16 students who are residents of the state.
17 A student without lawful immigration status shall also be required to
18 file an affidavit with such institution or educational unit stating that
19 the student has filed an application to legalize his or her immigration
20 status, or will file such an application as soon as he or she is eligi-
21 ble to do so. [The trustees shall not adopt changes in tuition charges
22 prior to the enactment of the annual budget.] The board of trustees may
23 accept as partial reimbursement for the education of veterans of the
24 armed forces of the United States who are otherwise qualified such sums
25 as may be authorized by federal legislation to be paid for such educa-
26 tion. The board of trustees may conduct on a fee basis extension courses
27 and courses for adult education appropriate to the field of higher
28 education. In all courses and courses of study it may, in its
29 discretion, require students to pay library, laboratory, locker, break-
30 age and other instructional and non-instructional fees and meet the cost
31 of books and consumable supplies. In addition to the foregoing fees and
32 charges, the board of trustees may impose and collect fees and charges
33 for student government and other student activities and receive and
34 expend them as agent or trustee.
35 § 3. This act shall take effect immediately and shall be deemed to
36 have been in full force and effect on and after April 1, 2005.
37 PART E
38 Section 1. Subdivision 2 of section 355 of the education law is
39 amended by adding a new paragraph y to read as follows:
40 y. To establish and/or contract with one or more not-for-profit corpo-
41 rations or subsidiaries of such corporations, pursuant to a plan
42 approved by the commissioner of health, upon such terms and conditions
43 as the trustees may deem appropriate, for the transfer of the operations
44 of the state university hospitals at Brooklyn, Stony Brook and Syracuse,
45 or any part thereof, the clinical practice plans thereof or of any other
46 program operated by such hospitals.
47 § 2. The state university trustees shall develop a plan for the trans-
48 fer of the operations of the state university hospitals at Brooklyn,
49 Stony Brook and Syracuse to one or more not-for-profit corporations. In
50 developing such plan, the trustees shall take into consideration various
51 aspects of hospital operations including, but not limited to, the conti-
52 nuity of employment of hospital staff, access to capital, revenue maxim-
53 ization, alternative governance structures, the teaching and research
54 missions of the hospitals, and an implementation timetable. The state
S. 991 26 A. 1921
1 university trustees shall submit such plan to the governor and the
2 legislature on or before October 1, 2005.
3 § 3. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after April 1, 2005.
5 PART F
6 Section 1. Legislative findings. The legislature hereby finds and
7 declares that the education of our children is among the most vital and
8 critical functions of government. The legislature further finds that in
9 Campaign for Fiscal Equity v. State, 100 N.Y. 2d 893, 930 (2003), the
10 court of appeals directed that the state ascertain the actual cost of
11 providing a sound basic education in New York city; ensure that reforms
12 to the current system of financing school funding and managing schools
13 address the shortcomings of the current system by ensuring, as a part of
14 that process, that every school in New York city has the resources
15 necessary for providing the opportunity for a sound basic education; and
16 provide for a system of accountability to measure whether the reforms
17 actually provide the opportunity for a sound basic education.
18 The legislature further finds that the New York state commission on
19 education reform ("commission") was established pursuant to Executive
20 Order No. 131 specifically to study and recommend reforms to ensure all
21 children have the opportunity to obtain a sound basic education in
22 accordance with requirements of the state constitution and applicable
23 decisional law. The legislature further finds that consistent with its
24 responsibilities pursuant to this Executive Order, the commission
25 directed that a study be performed on its behalf to ascertain the actual
26 cost of providing a sound basic education in New York city and other
27 school districts across the state.
28 The legislature hereby finds that the actual costs of providing a
29 sound basic education should properly be determined using an analysis
30 whereby expenditures are examined in school districts that have educa-
31 tion performance that meets or exceeds expected performance levels,
32 consistent with the study performed on behalf of the commission. The
33 legislature further finds that expected education performance levels
34 should be determined using scores on the fourth grade English Language
35 Arts and fourth grade Math exams with successful schools identified as
36 having eighty percent of their students demonstrating proficiency on
37 such exams over a three-year period, and the five regents exams used for
38 graduation, consisting of the 281 K-12 school districts identified by
39 the state education department as meeting the operational definition of
40 an adequate education.
41 The legislature further finds that educational costs should be
42 adjusted using those weightings selected and reflected in the commis-
43 sion's recommendations for the number of special education students, the
44 number of students from economically disadvantaged backgrounds and the
45 number of students with limited English proficiency, with regional cost
46 differences reflected utilizing the Geographic Cost of Education Index.
47 Furthermore, the legislature finds that it is appropriate to incorporate
48 an efficiency factor by ranking the expenditures of the successful
49 school districts and using the average expenditures of the lowest fifty
50 percent of such school districts, consistent with the study performed
51 on behalf of the commission.
52 The legislature further finds that a combination of state, local and
53 federal funds should be used to support the costs of providing a sound
54 basic education in New York city and other school districts across the
S. 991 27 A. 1921
1 state, and that funding increases should be phased in over five years to
2 ensure that school districts have adequate time in which to plan for the
3 use of additional resources.
4 The legislature further finds that the legislation enacted herein
5 reforms the current system of financing school funding and managing
6 schools by ensuring that every school has the resources necessary for
7 providing the opportunity for a sound basic education, and provides for
8 a system of accountability to measure and ensure that the reforms actu-
9 ally provide the opportunity for a sound basic education.
10 § 2. The executive law is amended by adding a new article 49-C to read
11 as follows:
12 ARTICLE 49-C
13 OFFICE OF EDUCATIONAL ACCOUNTABILITY AND EFFICIENCY
14 Section 996. Office of educational accountability and efficiency.
15 996-a. Powers and duties of the office of educational account-
16 ability and efficiency.
17 996-b. Comprehensive sound basic education plan.
18 996-c. Identification of poorly performing schools.
19 996-d. Planning and accountability for school districts with
20 poorly performing schools.
21 996-e. Value added accountability system.
22 996-f. Audits of school finances and administrative practices.
23 996-g. Disclosure of violations.
24 996-h. Protection of school employees who report information to
25 the office of educational accountability and efficien-
26 cy.
27 996-i. Efficiency services to school districts.
28 § 996. Office of educational accountability and efficiency. An inde-
29 pendent office of educational accountability and efficiency is hereby
30 established within the executive department to monitor student perform-
31 ance in the state's school districts. The office shall have responsibil-
32 ity for administering the statewide system of accountability for public
33 elementary and secondary schools in accordance with this article and
34 title I of the education law and monitoring the performance and improve-
35 ment of poorly performing schools. The director of the office of educa-
36 tional accountability and efficiency shall be appointed by the governor
37 for a term of six years that may be renewed by the governor. No director
38 shall serve for more than two terms.
39 § 996-a. Powers and duties of the office of educational accountability
40 and efficiency. The office shall have the following powers and duties:
41 1. Evaluate student performance data and provide an annual report to
42 the governor, the legislature, the board of regents and the public on
43 student performance statewide.
44 2. Establish criteria for annually identifying a list of poorly
45 performing schools.
46 3. Ensure local school districts report to the public on their student
47 performance.
48 4. Ensure school districts notify parents when a school is identified
49 as poor performing.
50 5. Ensure school districts notify parents of their options under the
51 federal No Child Left Behind Act (school choice and vouchers for tutor-
52 ing).
53 5-a. Review and approve the comprehensive sound basic education plans
54 from school districts with poorly performing schools within sixty days
55 of receipt of such plan.
S. 991 28 A. 1921
1 6. Review and approve the school improvement plans from the poorly
2 performing schools within sixty days of receipt of such plan.
3 7. Make periodic site visits to poorly performing schools to ensure
4 that the improvement plans are being implemented on the proposed time-
5 line.
6 8. Hold school districts accountable for spending required by the
7 school improvement plan.
8 9. Order districts to take the actions contained in the approved plans
9 with a set of sanctions for districts that fail to follow through. These
10 sanctions may include speeding up the timetable for closing or re-con-
11 figuring the school.
12 10. Require New York city and school districts with poorly performing
13 schools to provide a detailed plan for the allocation of resources among
14 their schools.
15 11. Develop a value added accountability system based on grade by
16 grade tests required by the federal No Child Left Behind Act.
17 § 996-b. Comprehensive sound basic education plan. 1. Each school
18 district shall develop a three-year comprehensive sound basic education
19 plan. Such plan shall be updated each year. The first such plan shall be
20 submitted by March first, two thousand six. The first plan shall detail
21 how the district plans to provide an opportunity for a sound basic
22 education in all their schools by the end of the first three years. The
23 plan shall be developed in conjunction and partnership with groups
24 representing parents, teachers and administrators from the poorly
25 performing school. The plan shall consider district needs in providing
26 an opportunity for a sound basic education.
27 2. Each school district shall include a resource allocation plan as
28 part of the comprehensive sound basic education plan. This plan shall
29 ensure that each school has the educational resources necessary to
30 provide the opportunity for a sound basic education. The allocation plan
31 may include allocation of resources in the following areas based on the
32 district needs identified in the plan developed in accordance with
33 subdivision one of this section:
34 a. Improvement in quality of teaching and instructional leadership for
35 schools including for school districts with poorly performing schools
36 the allocation of teachers among schools and utilizing initiatives such
37 as competitive pay scales for teachers, additional stipends to attract
38 qualified teachers for math, science, bilingual education and hard to
39 staff schools, pay for performance plans and career ladders to encourage
40 experienced teachers to remain in teaching;
41 b. Appropriate class sizes;
42 c. School facilities;
43 d. Pre-k and early childhood education services;
44 e. Services for at-risk students;
45 f. Services for students with disabilities and English language lear-
46 ners;
47 g. Ensuring adequate instrumentalities of learning;
48 h. Alternative placements for disruptive students;
49 i. Parental accountability and involvement;
50 j. Student involvement and accountability; and
51 k. Longer school day and longer school year.
52 3. The school district shall submit the completed plan to the office
53 of educational accountability and efficiency. If the administrators or
54 teachers do not agree with the plan approved by the board of education
55 and submitted to the state, they may submit their objections to the
56 state with the plan. The plan for each school district with a poorly
S. 991 29 A. 1921
1 performing school shall be reviewed and approved by the office of educa-
2 tional accountability and efficiency.
3 § 996-c. Identification of poorly performing schools. Each year in
4 accordance with a schedule determined by the director, the office of
5 educational accountability and efficiency shall review student perform-
6 ance on state tests and identify a list of poorly performing schools.
7 The criteria to be used to identify the poorly performing schools shall
8 be clearly defined and based on the number of students meeting the stan-
9 dards on state tests, the attendance rate and dropout rates and the
10 number of students with serious academic deficiencies. The office shall
11 ensure that the list includes all schools not providing an opportunity
12 for a sound basic education and that each school district with a poorly
13 performing school notifies each parent of the students in the low
14 performing school of this designation.
15 § 996-d. Planning and accountability for school districts with poorly
16 performing schools. 1. Plan. Each school district with a poorly
17 performing school identified by the office of educational accountability
18 and efficiency shall develop a three year improvement plan for each
19 poorly performing school. Such plan shall be submitted within six months
20 of such identification as a poorly performing school. The plan shall be
21 developed in cooperation with groups representing parents, teachers and
22 administrators from the poorly performing school. Such plan shall be
23 submitted to the office of educational accountability and efficiency in
24 accordance with a schedule developed by the office.
25 a. Section one of the plan shall identify the problems in the poorly
26 performing school. The district must show a clear analysis of the
27 school's needs based on the data available to identify the problems.
28 b. Section two of the plan shall contain specific programs and actions
29 to be implemented to solve the problems identified in section one of the
30 plan and a timeline for implementation. The specific programs to be
31 implemented must be on the list of successful programs identified by the
32 state education department in accordance with subdivision two of this
33 section. If the school includes a program not on the list, the plan must
34 provide reasons why the action will work in their district.
35 c. In poorly performing schools experiencing a problem with disruptive
36 students, the plan must include creation of alternative placements for
37 disruptive students to improve the learning opportunity for other
38 students.
39 d. Section three of the plan shall identify the resources necessary to
40 carry out the plan. The school district shall ensure that each poorly
41 performing school has the resources necessary to provide an opportunity
42 for a sound basic education in accordance with the district allocation
43 plan contained in the comprehensive sound basic education plan.
44 e. The school district shall submit the completed plan to the office
45 of educational accountability and efficiency for approval. If the admin-
46 istrators or teachers do not agree with the plan approved by the board
47 of education and submitted to the state, they may submit their
48 objections to the state with the plan.
49 2. Technical assistance. The state education department shall assist
50 the school district in developing this plan by identifying cost effec-
51 tive similar schools with successful student performance, and identify-
52 ing the differences in educational programs between successful schools
53 and poorly performing schools. In addition, the state education depart-
54 ment shall provide the district with information on the characteristics
55 of cost-effective similar schools that have successfully improved
56 performance.
S. 991 30 A. 1921
1 3. Sanctions. The office of educational accountability and efficiency
2 shall monitor implementation of the plan. If at any time after the plan
3 is adopted and approved, the office of educational accountability and
4 efficiency determines a school is not implementing the plan, the direc-
5 tor shall order the school district to take action to implement the
6 plan. If the school district fails to act on the director's order, the
7 director may expedite the actions authorized in this subdivision. After
8 the third year of the plan, the office of educational accountability and
9 efficiency shall determine if the school meets performance expectations.
10 If the school does not meet performance expectations, the director shall
11 seek assistance of the commissioner of education to close the school. A
12 new, restructured school shall be opened with a new principal and staff
13 in accordance with local conditions. Notwithstanding any other provision
14 of law to the contrary, failure of a school to provide the opportunity
15 for a sound basic education after three years under a school improvement
16 plan shall be deemed just cause for dismissal of the building principal.
17 In addition, parents shall be offered the opportunity to convert the
18 school to a charter school. The new school shall develop a three year
19 improvement plan in accordance with the requirements contained in this
20 section.
21 After the third year of the plan, the office of educational account-
22 ability and efficiency shall determine if the new school meets perform-
23 ance expectations. If the school fails to meet performance expectations
24 after closure and re-configuration an interim administrator shall be
25 appointed to manage the school and order the district to make recom-
26 mended improvements. The interim administrator shall assume the powers
27 of the local school board and superintendent for the designated school,
28 including hiring a principal and staff and ensuring improvements are
29 made.
30 § 996-e. Value added accountability system. The office of educational
31 accountability and efficiency shall develop a value added accountability
32 system to increase the efficiency and effectiveness of school program
33 planning and implementation. The system will track each student's
34 performance based on assessments that review progress over time.
35 The system will track how effectively state, local and federal
36 resources, including resources identified in the school improvement
37 plans required by section nine hundred ninety-six-d of this article, are
38 utilized at the local school level to enable state and local policymak-
39 ers to make better-informed judgments on education related policies,
40 reforms and expenditures each year. The system will combine school
41 performance, attendance and dropout data with financial data. In order
42 to facilitate the creation of this system, the office of educational
43 accountability and efficiency shall develop an information system plan
44 that integrates the databases required for this system.
45 § 996-f. Audits of school finances and administrative practices. a.
46 The office of educational accountability and efficiency shall conduct an
47 examination and evaluation of the financial condition of each school
48 district on a regular basis and shall conduct or cause to have conducted
49 fiscal audits of identified school districts.
50 b. In conducting the audit, the office of educational accountability
51 and efficiency shall gain access to all backup financial, budgeting and
52 accounting documentation and other data for the current school year or
53 any prior year that may be necessary to verify, confirm and reconstruct
54 all of the transactions engaged in by affected school districts, includ-
55 ing records of any state agency, board of cooperative educational
S. 991 31 A. 1921
1 services, city or other municipality, public authority or any person or
2 entity contracting with the district concerning such transactions.
3 c. The audit shall assess the affected school district's current
4 financial accounting practices to ensure that they are consistent with
5 established standards, that they provide for adequate protections
6 against theft, embezzlement and other abuses, and that adequate systems
7 of internal controls are in place, including a system to ensure that any
8 filings required for the payment of state or federal funds are made in a
9 timely manner.
10 d. In addition the audit shall assess the school district's budget
11 process and, where applicable, ensure that information provided to the
12 voters of the school district is accurate and complete and that the
13 board of education of the school district have not allowed public funds
14 to be used to influence the outcome of the budget vote in violation of
15 law.
16 e. Upon completion of the audit, the office of educational account-
17 ability and efficiency shall prepare a preliminary audit report contain-
18 ing a detailed analysis of the current financial status of the school
19 district, including but not limited to:
20 (1) an overall evaluation of the financial practices of the school
21 district,
22 (2) a detailed financial statement providing an accounting of all of
23 the district's revenues and expenditures,
24 (3) a detailed analysis of the district's actual revenues or expendi-
25 tures as compared to its budgeted revenues and expenditures, and
26 (4) a statement by the director that summarizes the findings and
27 recommendations of the auditors, explicitly states any findings regard-
28 ing the fiscal practices of the district that the auditors believe to be
29 in violation of, or could potentially violate state or federal law, rule
30 or regulation, or demonstrate negligence, incompetence or lack of train-
31 ing that create a substantial risk of violations of state or federal
32 laws, rules or regulations.
33 f. The director shall immediately refer any findings of fraud, abuse
34 or other conduct constituting a crime that are uncovered in an audit, as
35 appropriate, to the attorney general, United States attorney or district
36 attorney having jurisdiction for appropriate action, together with any
37 documents supporting the auditors' findings.
38 g. Upon issuance of a final audit report, the director shall review
39 any findings that may constitute grounds for removal of an individual
40 from office or action against the teaching certificate or professional
41 license of an individual, or corrective action and take any appropriate
42 action.
43 h. The board of education shall conduct at least one public hearing on
44 the preliminary audit report. The board of education shall submit a
45 summary of the comments, suggestions and questions raised at the public
46 hearing. The board of education shall establish a similar process for
47 conducting a public hearing when there are any significant findings in
48 the annual audit report required under section twenty-one hundred
49 sixteen-a of the education law.
50 i. After affording the board of education of the affected district the
51 opportunity to respond in writing, the director shall make the prelimi-
52 nary audit report and the district's response and the final audit report
53 available to the public upon request for a period of at least three
54 years.
55 § 996-g. Disclosure of violations. Upon the finding that a school
56 district has violated any provision of applicable laws or rules and
S. 991 32 A. 1921
1 regulations, notice of such violation shall be publicized by such
2 district by transmitting a description of the audit findings to the
3 voters in a separate mailing. Such separate mailing shall be mailed
4 before the annual budget hearing but not more than twenty-five days
5 prior to such hearing. Further, notice of and a description of each
6 violation shall be read into the record at the next succeeding annual
7 budget hearing.
8 § 996-h. Protection of school employees who report information to the
9 office of educational accountability and efficiency. Any school employee
10 who in good faith, believes, or has reasonable cause to believe, that
11 the actions or fiscal practices of a school district, or other local
12 education agency violates any local, state, federal law or rule and
13 regulation, and reports such information to the office of educational
14 accountability and efficiency, or to law enforcement authorities, shall
15 have immunity from any civil liability that may arise from the making of
16 such report, and no school district, or employee thereof, charter
17 school, or employee thereof, or other local education agency, or employ-
18 ee thereof shall take, request, or cause a retaliatory action against
19 any such employee who makes such report.
20 § 996-i. Efficiency services to school districts. The office of educa-
21 tional accountability and efficiency shall serve as a catalyst for the
22 creation of shared service arrangements among school districts, boards
23 of cooperative educational services and other local government entities.
24 § 3. Paragraph a of subdivision 7 of section 1608 of the education
25 law, as amended by section 4 of part H of chapter 83 of the laws of
26 2002, is amended to read as follows:
27 a. Each year, commencing with the proposed budget for the two thou-
28 sand--two thousand one school year, the trustee or board of trustees
29 shall prepare a property tax report card, pursuant to regulations of the
30 commissioner, and shall make it publicly available by transmitting it to
31 local newspapers of general circulation, appending it to copies of the
32 proposed budget made publicly available as required by law, making it
33 available for distribution at the annual meeting, and otherwise dissem-
34 inating it as required by the commissioner. Such report card shall
35 include: (i) the amount of total spending and total estimated school tax
36 levy that would result from adoption of the proposed budget and the
37 percentage increase or decrease in total spending and total school tax
38 levy from the school district budget for the preceding school year; and
39 (ii) the projected enrollment growth for the school year for which the
40 budget is prepared, and the percentage change in enrollment from the
41 previous year; and (iii) the percentage increase in the consumer price
42 index, as defined in paragraph c of this subdivision; and (iv) for the
43 three preceding school years report card data providing a comparison of
44 (1) change in the total school tax levy and (2) the percentage increase
45 in the consumer price index over the same three year period.
46 § 4. Paragraph a of subdivision 7 of section 1716 of the education
47 law, as amended by section 5 of part H of chapter 83 of the laws of
48 2002, is amended to read as follows:
49 a. Each year, commencing with the proposed budget for the two thou-
50 sand--two thousand one school year, the board of education shall prepare
51 a property tax report card, pursuant to regulations of the commissioner,
52 and shall make it publicly available by transmitting it to local newspa-
53 pers of general circulation, appending it to copies of the proposed
54 budget made publicly available as required by law, making it available
55 for distribution at the annual meeting, and otherwise disseminating it
56 as required by the commissioner. Such report card shall include: (i) the
S. 991 33 A. 1921
1 amount of total spending and total estimated school tax levy that would
2 result from adoption of the proposed budget and the percentage increase
3 or decrease in total spending and total school tax levy from the school
4 district budget for the preceding school year; and (ii) the projected
5 enrollment growth for the school year for which the budget is prepared,
6 and the percentage change in enrollment from the previous year; and
7 (iii) the percentage increase in the consumer price index, as defined in
8 paragraph c of this subdivision; and (iv) for the three preceding school
9 years report card data providing a comparison of (1) the change in total
10 school tax levy and (2) the percentage increase in the consumer price
11 index over the same three year period.
12 § 5. Subdivision 2-a of section 2022 of the education law is amended
13 by adding a new paragraph c to read as follows:
14 c. Commencing with the proposed budget for the two thousand five--two
15 thousand six school year, such notice shall also include for the three
16 preceding school years, the change in the total school tax levy and a
17 comparison of such change to the percentage increase in the consumer
18 price increase over the same three year period.
19 § 6. Section 1709 of the education law is amended by adding a new
20 subdivision 20-b to read as follows:
21 20-b. a. No later than July first, two thousand six, the board of
22 education shall establish an internal audit function to be in operation
23 within the district no later than December thirty-first, two thousand
24 six. Such function shall include: (1) development of a risk assessment
25 of district operations, including but not limited to, a review of finan-
26 cial policies and procedures and the testing and evaluation of district
27 internal controls; (2) an annual review and update of such risk assess-
28 ment; and (3) preparation of reports, at least annually or more
29 frequently as the board may direct, which analyze significant risk
30 assessment findings, recommend changes for strengthening controls and
31 reducing identified risks, and specify timeframes for implementation of
32 such recommendations.
33 b. School districts of less than eight teachers, and school districts
34 with actual general fund expenditures totaling less than five million
35 dollars in the previous school year or with actual enrollment of less
36 than three hundred students in the previous school year shall be exempt
37 from the requirement established in paragraph a of this subdivision. Any
38 school district claiming such exemption shall annually certify to the
39 commissioner that such school district meets the requirements set forth
40 in this paragraph.
41 c. The commissioner, in consultation with the comptroller, is author-
42 ized to promulgate regulations with respect to the internal audit func-
43 tion as is necessary for the proper performance of its duties, including
44 standards, qualifications and training for audit personnel.
45 d. A district shall be permitted to utilize existing district person-
46 nel to fulfill the internal audit function pursuant to paragraph a of
47 this subdivision, but such persons shall not have any responsibility for
48 other business operations of the district while performing such func-
49 tion. Nothing in this subdivision shall be construed as requiring a
50 school district in any city with a population of one hundred twenty-five
51 thousand or more to replace or modify an existing internal audit func-
52 tion where such function already exists by special or local law, so long
53 as the superintendent of the district annually certifies to the commis-
54 sioner that the existing internal audit function meets or exceeds the
55 requirements of this subdivision.
S. 991 34 A. 1921
1 e. A district shall be permitted to use (1) inter-municipal cooper-
2 ative agreements, (2) shared services to the extent authorized by
3 section nineteen hundred fifty of this title, or (3) independent
4 contractors, to fulfill this function as long as personnel or entities
5 performing the internal audit function comply with any regulations
6 issued by the commissioner and meet professional auditing standards for
7 independence between the auditor and the district.
8 f. Personnel or entities performing the internal audit function shall
9 report directly to the board of education of each district. The district
10 audit committee established under section twenty-one hundred sixteen-b
11 of this title shall assist in the oversight of the internal audit func-
12 tion on behalf of the board.
13 g. Approved operating expenses incurred by a district in the perform-
14 ance of this requirement shall be considered an aidable expense within
15 the meaning of subdivision eleven of section thirty-six hundred two of
16 this chapter.
17 § 7. Subdivision 3 of section 2116-a of the education law, as amended
18 by section 27 of part A of chapter 436 of the laws of 1997, is amended
19 to read as follows:
20 3. The school authorities of each school district, except those
21 employing fewer than eight teachers, but including the city school
22 districts of the cities of Buffalo and Rochester, shall obtain an annual
23 audit of its records by an independent certified public accountant or an
24 independent public accountant. Every three years, the school authori-
25 ties shall obtain the annual audit of its records from a new independent
26 certified public accountant or an independent public accountant, with
27 such services procured through a competitive request for proposal proc-
28 ess. Such new accountant may not be affiliated with the same accounting
29 firm that conducted the previous audit. The board of education of the
30 city school district of the city of New York, districts of such city
31 shall obtain an annual audit by the comptroller of the city of New York,
32 or by an independent certified public accountant or an independent
33 public accountant. The boards of education of the community districts
34 of such city school district shall obtain an annual audit by the bureau
35 of audit of the board of education of the city school district of the
36 city of New York or by an independent certified public accountant or an
37 independent public accountant. A copy of the audit report in form
38 prescribed by the commissioner and certified by the accountant, or, in
39 the city school district of the city of New York or the community
40 districts therein, by the accountant, or the comptroller or bureau of
41 audit, as the case may be, shall be furnished to the commissioner on or
42 before October first following the end of the fiscal year audited,
43 except that such report shall be furnished to the commissioner on or
44 before January first following the end of the fiscal year audited for
45 the city school districts of the cities of Buffalo, Rochester, Syracuse,
46 Yonkers, and New York and for the community school districts of the city
47 of New York.
48 § 8. The education law is amended by adding a new section 2116-b to
49 read as follows:
50 § 2116-b. Audit committees. 1. Every school district, except those
51 employing fewer than eight teachers, shall establish by a resolution of
52 the trustees or board of education an audit committee to oversee and
53 report to the board on the annual audit of the district records as
54 required by section twenty-one hundred sixteen-a of this part.
55 2. The audit committee shall be established no later than January
56 first, two thousand six as a committee of the board, as an advisory
S. 991 35 A. 1921
1 committee, or as a committee of the whole. An advisory committee may
2 include, or be composed entirely of, non-board members if, in the opin-
3 ion of the board, such membership is advisable to provide accounting and
4 auditing expertise.
5 3. The audit committee shall consist of at least three members, who
6 shall serve without compensation. Committee members shall be reimbursed
7 for any actual and necessary expenditures incurred in relation to
8 attendance at meetings. Employees of the school district are prohibited
9 from serving on the audit committee. A member of an audit committee
10 shall be deemed a school district officer for the purposes of sections
11 thirty-eight hundred eleven, thirty-eight hundred twelve and thirty-
12 eight hundred thirteen of this chapter, but shall not be required to be
13 a resident of the school district.
14 4. The role of an audit committee shall be advisory and any recommen-
15 dations it provides to the board under subdivisions five and six of this
16 section shall not substitute for any required review and acceptance by
17 the board of education. The annual audit report prepared by an inde-
18 pendent certified public accountant or an independent public accountant
19 shall not be deemed final until accepted by a resolution adopted by the
20 board of education.
21 5. It shall be the responsibility of the audit committee to:
22 a. provide recommendations regarding the appointment of the external
23 auditor for the district;
24 b. meet with the external auditor prior to commencement of the audit;
25 c. review and discuss with the external auditor any risk assessment of
26 the district's fiscal operations developed as part of the auditor's
27 responsibilities under governmental auditing standards for a financial
28 statement audit and federal single audit standards if applicable;
29 d. receive and review the draft annual audit report and accompanying
30 draft management letter and, working directly with the external auditor,
31 assist the board of education in interpreting such documents;
32 e. make a recommendation to the board of education on accepting the
33 annual audit report; and
34 f. review every corrective action plan to be developed by a school
35 district as required by section twenty-one hundred sixteen-a of this
36 part and assist the board of education in the implementation of such
37 plan.
38 6. In addition, it shall be the responsibility of the audit committee
39 to assist in the oversight of the internal audit function established
40 under section sixteen hundred four or section seventeen hundred nine of
41 this title, including, but not limited to, providing recommendations
42 regarding the appointment of the internal auditor for the school
43 district, the review of significant findings and recommendations of the
44 internal auditor, monitoring of the school district's implementation of
45 such recommendations, and the evaluation of the performance of the
46 internal audit function.
47 7. Notwithstanding any provision of article seven of the public offi-
48 cers law or any other law to the contrary, a school district audit
49 committee may conduct an executive session pursuant to section one
50 hundred five of the public officers law pertaining to any matter set
51 forth in paragraphs b, c and d of subdivision five of this section. Any
52 member of the board of education who is not a member of such audit
53 committee may be allowed to attend an audit committee meeting if author-
54 ized by a resolution of the board of education.
S. 991 36 A. 1921
1 8. The commissioner is authorized to promulgate regulations with
2 respect to audit committees as is necessary for the proper performance
3 of their duties.
4 9. As long as the chancellor of a school district in a city having a
5 population of one million or more inhabitants shall annually certify to
6 the commissioner that such district has a process for review by an audit
7 committee of the district's annual audit that meets or exceeds the
8 requirements of this section, the provisions of this section shall not
9 apply to such school district.
10 § 9. Subdivisions 2 and 4 of section 2576 of the education law,
11 subdivision 2 as amended by chapter 65 of the laws of 1972 and subdivi-
12 sion 4 as renumbered by chapter 762 of the laws of 1950, are amended and
13 a new subdivision 5-b is added to read as follows:
14 2. In the city school districts of Syracuse, Rochester and Yonkers
15 such estimate shall be filed with the mayor or city manager. Such offi-
16 cer shall place such estimate before the board of estimate and appor-
17 tionment or other similar body at the same time and in the same manner
18 as estimates from city departments or officers are placed before said
19 board or body, and such estimate shall thereafter be subject to the same
20 consideration, action and procedure as all other estimates from city
21 departments or officers, subject to the limitations provided by subdivi-
22 sion five-b of this section. The said board or body may increase,
23 diminish or reject any item contained in said estimate, subject to the
24 limitations provided by subdivision five-b of this section, except for
25 fixed charges for which the city is liable. When such estimate is
26 adopted, the said board or body shall file it with the common council.
27 4. In a city which had, according to the federal census of nineteen
28 hundred forty, a population of four hundred thousand or more but less
29 than one million such estimate shall be filed with the officer author-
30 ized to receive other department estimates and the same acted on by such
31 officer and by the council of such city in the same manner and with the
32 same effect as other department estimates, subject to the limitations
33 provided by subdivision five-b of this section. The council is also
34 authorized, in its discretion, to include in such budget a sum for any
35 of the purposes enumerated in paragraph c of subdivision one of this
36 section, and any further amount for such purposes as may be authorized
37 by a tax election held in such city pursuant to the provisions of this
38 chapter. After the adoption of such budget the council shall cause the
39 amount thereof to be included in the tax and assessment roll of the city
40 and the same shall be collected in the same manner and at the same time
41 as other taxes of the city are collected, and placed to the credit of
42 the board of education.
43 5-b. a. For the purposes of this subdivision, the terms:
44 (i) "city funds" shall mean funds of a city with more than one hundred
45 twenty-five thousand and less than one million inhabitants derived from
46 any source except funds contained within the capital budget and funds
47 derived from any federal, state or private sources over which the city
48 has no discretion.
49 (ii) "city amount" shall mean the total amount of expenditures funded
50 by city funds for the support of the city school district of a city with
51 more than one hundred twenty-five thousand and less than one million
52 inhabitants, not including city payments for debt service or payments
53 for pension benefits for employees of such district, as contained within
54 the budget as adopted by the city of New York.
55 (iii) "base year" shall mean the fiscal year immediately preceding the
56 fiscal year for which the budget referred to in subparagraph (ii) of
S. 991 37 A. 1921
1 this paragraph is adopted. The initial base year shall be fiscal year
2 ending June thirtieth, two thousand five.
3 b. The city amount shall not be less than the city amount appropriated
4 in the base year as determined at the time of adoption of the budget for
5 the ensuing fiscal year. Provided, however, in the event the total
6 amount of city funds relied upon to balance such budget is lower than
7 the total amount of city funds appropriated in the base year, determined
8 at the time of adoption of such budget, the city amount may be reduced
9 by up to the same percentage as the overall percentage decrease in city
10 funds between the base year and the ensuing fiscal year.
11 § 10. The education law is amended by adding a new section 215-d to
12 read as follows:
13 § 215-d. Annual report by regents to governor and legislature on
14 student performance; study of performance standards and assessments. 1.
15 The board of regents shall prepare and submit to the governor, the
16 temporary president of the senate and the speaker of the assembly not
17 later than January first, two thousand six and by the first day of Janu-
18 ary in each year thereafter, a report on student performance in the
19 preceding school year on required state assessments and the impact of
20 current and proposed future policies related to the setting of state
21 academic content standards and academic performance standards for
22 purposes of state accountability on school district finances. The
23 department shall conduct a public hearing on the proposed report and
24 shall include a summary of the input received at such hearing in the
25 final report.
26 2. The regents shall ensure that any student who is granted a public
27 high school diploma has demonstrated that he or she is capable of func-
28 tioning effectively in society, including by eventually functioning
29 competently as a juror, voter and employee.
30 3. The board of regents shall appoint an independent panel to review
31 the current state academic performance standards and regents examina-
32 tions and assessments used for graduation purposes, and make recommenda-
33 tions to the regents and the commissioner on alignment of the regents
34 examinations and assessments with the state learning standards and the
35 scoring of such assessments, including recommendations on ways to assure
36 that scoring is as consistent and understandable to practitioners as is
37 practicable. Such independent panel shall include representatives of the
38 education community, including but not limited to parents, schools and
39 school districts and organizations representing teachers and school
40 administrators, institutions of higher education, labor and the business
41 community. The department shall provide the panel with necessary staff
42 support and resources and, upon request of the panel, shall conduct a
43 survey of parents, students, teachers, school administrators and the
44 labor and business communities for their views on such state academic
45 performance standards and assessment issues. The panel shall report to
46 the regents by a date prescribed by the regents, which shall be on or
47 before the date on which the regents establish the passing score on
48 regents examinations for the two thousand five--two thousand six school
49 year.
50 4. The board of regents shall monitor the performance of students in
51 career and technical education programs to ascertain if the current
52 diploma requirements for such students have had an adverse impact on
53 enrollment or completion rates for such programs, and shall consider
54 adjustments in such diploma requirements to ensure these students have
55 the opportunity to meet the requirements. The regents shall include a
56 report on the impact of such diploma requirements for career and techni-
S. 991 38 A. 1921
1 cal education students in the annual report required pursuant to subdi-
2 vision one of this section.
3 § 11. Section 1604 of the education law is amended by adding a new
4 subdivision 43 to read as follows:
5 43. To participate or require its members to participate in training
6 and continuing education programs including training covering the basics
7 of financial oversight, accountability and fiduciary responsibilities,
8 pursuant to the provisions of this subdivision.
9 (1) Upon taking office for the first time, each sole trustee or voting
10 member of the board of trustees shall participate in training to
11 acquaint them with the powers, functions and duties of school board
12 members, as well as the powers of other governing and administering
13 authorities that affect education including the powers of the board of
14 regents, commissioner, office of educational accountability and effi-
15 ciency and the superintendent of schools. Such participation shall be
16 completed no later than three months from the date on which a trustee
17 takes office for the first time.
18 (2) Each sole trustee or voting member of the board of trustees shall
19 be required to participate in continuing education programs on an annual
20 basis as prescribed by the commissioner. Participation in training
21 pursuant to paragraph one of this subdivision shall satisfy the require-
22 ments of this paragraph for the first year of a new trustee's term.
23 (3) Such school board training and continuing education programs shall
24 be provided by the department.
25 (4) The commissioner is authorized to promulgate regulations regarding
26 implementation of the school board training and continuing education
27 programs.
28 (5) The failure of a trustee or member of a board of trustees to
29 comply with the training and continuing education requirements mandated
30 by this subdivision shall constitute cause for removal from office.
31 § 12. Section 1709 of the education law is amended by adding a new
32 subdivision 43 to read as follows:
33 43. To require its voting members to participate in training and
34 continuing education programs including training covering the basics of
35 financial oversight, accountability and fiduciary responsibilities,
36 pursuant to the provisions of this subdivision.
37 (1) Upon taking office for the first time, all voting members of the
38 board of education shall participate in training to acquaint them with
39 the powers, functions and duties of school board members, as well as the
40 powers of other governing and administering authorities that affect
41 education including the powers of the board of regents, commissioner,
42 office of educational accountability and efficiency and the superinten-
43 dent of schools. Such participation shall be completed no later than
44 three months from the date on which a school board member takes office
45 for the first time.
46 (2) Each voting member of the board of education shall be required to
47 participate in continuing education programs on an annual basis as
48 prescribed by the commissioner. Participation in training pursuant to
49 paragraph one of this subdivision shall satisfy the requirements of this
50 paragraph for the first year of a new member's term.
51 (3) Such school board training and continuing education programs shall
52 be provided by the department.
53 (4) The commissioner is authorized to promulgate regulations regarding
54 implementation of the school board training and continuing education
55 programs.
S. 991 39 A. 1921
1 (5) The failure of a member of a board of education of a union free,
2 central or central high school district to comply with the training and
3 continuing education requirements mandated by this subdivision shall
4 constitute cause for removal from office.
5 § 13. Subdivision 1 of section 1903 of the education law, as desig-
6 nated by chapter 70 of the laws of 2001, is amended to read as follows:
7 1. The board of education of a central high school district shall have
8 jurisdiction over the pupils residing therein who have completed the
9 work of the sixth grade and shall have the same powers and duties in
10 respect to the school therein as a board of education of a union free
11 school district has, under this chapter, in respect to the schools in
12 such district. Notwithstanding any other provision of law to the contra-
13 ry, for purposes of subdivision forty-three of section seventeen hundred
14 nine of this title, a member of a board of education of a central high
15 school district who is also a trustee or member of the board of trustees
16 or board of education of a component school district may fulfill the
17 required school board training and continuing education including train-
18 ing covering the basics of financial oversight, accountability and fidu-
19 ciary responsibilities, through the central school district or the
20 component school district, and shall not be required to complete such
21 training or continuing education requirement more than once in any year.
22 Except as otherwise provided in this article, the provisions of this
23 chapter as to the courses of study, the qualifications and employment of
24 teachers and the maintenance, conduct and supervision of public schools
25 in union free school districts shall apply to a central high school
26 district.
27 § 14. Section 2503 of the education law is amended by adding a new
28 subdivision 21 to read as follows:
29 21. Shall require its voting members to participate in training and
30 continuing education programs including training covering the basics of
31 financial oversight, accountability and fiduciary responsibilities,
32 pursuant to the provisions of this subdivision.
33 (1) Upon taking office as a trustee for the first time, all voting
34 members of the board of education shall participate in training to
35 acquaint them with the powers, functions and duties of school board
36 members, as well as the powers of other governing and administering
37 authorities that affect education including the powers of the board of
38 regents, commissioner, office of educational accountability and effi-
39 ciency and the superintendent of schools. Such participation shall be
40 completed no later than three months from the date on which a school
41 board member takes office for the first time.
42 (2) Each voting member of the board of education shall be required to
43 participate in continuing education programs on an annual basis as
44 prescribed by the commissioner. Participation in training pursuant to
45 paragraph one of this subdivision shall satisfy the requirements of this
46 paragraph for the first year of a new member's term.
47 (3) Such school board training and continuing education programs shall
48 be provided by the department.
49 (4) The commissioner is authorized to promulgate regulations regarding
50 implementation of the school board training and continuing education
51 programs.
52 (5) The failure of a member of a board of education of a city school
53 district in a city having a population of less than one hundred twenty-
54 five thousand inhabitants to comply with the training and continuing
55 education requirements mandated by this subdivision shall constitute
56 cause for removal from office.
S. 991 40 A. 1921
1 § 15. Section 2554 of the education law is amended by adding a new
2 subdivision 28 to read as follows:
3 28. To require its voting members to participate in training and
4 continuing education programs including training covering the basics of
5 financial oversight, accountability and fiduciary responsibilities,
6 pursuant to the provisions of this subdivision.
7 (1) Upon taking office for the first time, all voting members of the
8 board of education shall participate in training to acquaint them with
9 the powers, functions and duties of school board members, as well as the
10 powers of other governing and administering authorities that affect
11 education including the powers of the board of regents, commissioner,
12 office of educational accountability and efficiency and the superinten-
13 dent of schools. Such participation shall be completed no later than
14 three months from the date on which a school board member takes office
15 for the first time.
16 (2) Each voting member of the board of education shall be required to
17 participate in continuing education programs on an annual basis as
18 prescribed by the commissioner. Participation in training pursuant to
19 paragraph one of this subdivision shall satisfy the requirements of this
20 paragraph for the first year of a new member's term.
21 (3) Such school board training and continuing education programs shall
22 be provided by the department.
23 (4) The commissioner is authorized to promulgate regulations regarding
24 implementation of the school board training and continuing education
25 programs.
26 (5) The failure of a member of a board of education of a city school
27 district with less than one million inhabitants to comply with the
28 training and continuing education requirements mandated by this subdivi-
29 sion shall constitute cause for removal from office.
30 § 16. Paragraph (b) of subdivision 1 of section 3012 of the education
31 law, as amended by chapter 442 of the laws of 1980, is amended and a new
32 subdivision 4 is added to read as follows:
33 (b) Principals, administrators, supervisors and all other members of
34 the supervising staff of school districts, including common school
35 districts and/or school districts employing fewer than eight teachers,
36 other than city school districts, who are appointed prior to September
37 first, two thousand five, shall be appointed by the board of education,
38 or the trustees of a common school district, upon the recommendation of
39 the superintendent of schools for a probationary period of three years.
40 The service of a person appointed to any of such positions may be
41 discontinued at any time during the probationary period on the recommen-
42 dation of the superintendent of schools, by a majority vote of the board
43 of education or the trustees of a common school district.
44 4. Principals, administrators, supervisors and all other members of
45 the supervising staff of school districts who are appointed on or after
46 September first, two thousand five, shall be appointed by the board of
47 education, or the trustees of a common school district, upon the recom-
48 mendation of the superintendent of schools, to serve pursuant to a
49 contract of employment. Such contract shall be for a term of not less
50 than three and not more than five years, and shall contain such other
51 terms as shall be mutually acceptable to the parties and are consistent
52 with any applicable collective bargaining agreements and this subdivi-
53 sion, including but not limited to, procedures for termination by either
54 party prior to the expiration of the term of such contract. During the
55 first three years of the employee's initial contract for a particular
56 position on the supervising staff, the service of such employee may be
S. 991 41 A. 1921
1 discontinued at any time on the recommendation of the superintendent of
2 schools, by a majority vote of the board of education or the trustees of
3 a common school district. Thereafter, any such termination by the trus-
4 tees or board of education during the term of the contract shall be for
5 cause, upon notice and an opportunity for a hearing pursuant to section
6 three thousand twenty-a of this article or, for members of the supervis-
7 ing staff who are represented by a collective bargaining unit, pursuant
8 to a collectively negotiated expedited disciplinary procedure. Such
9 contracts may include pay for performance plans using a value added
10 assessment system of student performance.
11 § 17. Subdivision 1 of section 3014 of the education law, as amended
12 by chapter 551 of the laws of 1976, is amended and a new subdivision 3
13 is added to read as follows:
14 1. [Administrative assistants, supervisors, teachers] Teachers and all
15 other members of the teaching [and supervising] staff of the board of
16 cooperative educational services, and all members of the supervising
17 staff of the board of cooperative educational services who are appointed
18 prior to September first, two thousand five, shall be appointed by a
19 majority vote of the board of cooperative educational services upon the
20 recommendation of the district superintendent of schools for a proba-
21 tionary period of not to exceed three years; provided, however, that in
22 the case of a teacher who has been appointed on tenure in a school
23 district within the state, the board of cooperative educational services
24 where currently employed, or another board of cooperative educational
25 services, and who was not dismissed from such district or board as a
26 result of charges brought pursuant to subdivision one of section three
27 thousand twenty-a of this [chapter] article, the probationary period
28 shall not exceed two years. Services of a person so appointed to any
29 such positions may be discontinued at any time during such probationary
30 period, upon the recommendation of the district superintendent, by a
31 majority vote of the board of cooperative educational services.
32 3. Administrators, supervisors and all other members of the supervis-
33 ing staff of boards of cooperative educational services who are
34 appointed on or after September first, two thousand five, shall be
35 appointed by the board of cooperative educational services, upon the
36 recommendation of the district superintendent of schools, to serve
37 pursuant to a contract of employment. Such contract shall be for a term
38 of not less than three and not more than five years, and shall contain
39 such other terms as shall be mutually acceptable to the parties and are
40 consistent with any applicable collective bargaining agreements and this
41 subdivision, including but not limited to, procedures for termination by
42 either party prior to the expiration of the term of such contract.
43 During the first three years of the employee's initial contract for a
44 particular position on the supervising staff, the service of such
45 employee may be discontinued at any time on the recommendation of the
46 district superintendent of schools, by a majority vote of the board of
47 cooperative educational services. Thereafter, any such termination by
48 the board of cooperative educational services during the term of the
49 contract shall be for cause, upon notice and an opportunity for a hear-
50 ing pursuant to section three thousand twenty-a of this article or, for
51 members of the supervising staff who are represented by a collective
52 bargaining unit, pursuant to a collectively negotiated expedited disci-
53 plinary procedure. Such contracts may include pay for performance plans
54 using a value added assessment system of student performance.
S. 991 42 A. 1921
1 § 18. Paragraph (b) of subdivision 1 of section 2509 of the education
2 law, as amended by chapter 468 of the laws of 1975, is amended and a new
3 subdivision 8 is added to read as follows:
4 (b) Administrators, directors, supervisors, principals and all other
5 members of the supervising staff, except associate, assistant and other
6 superintendents, authorized by section twenty-five hundred three of this
7 article, who are appointed prior to September first, two thousand five,
8 shall be appointed by the board of education, upon the recommendation of
9 the superintendent of schools for a probationary period of three years.
10 The service of a person appointed to any of such positions may be
11 discontinued at any time during the probationary period on the recommen-
12 dation of the superintendent of schools, by a majority vote of the board
13 of education.
14 8. Principals, administrators, supervisors and all other members of
15 the supervising staff of school districts who are appointed on or after
16 September first, two thousand five, except associate, assistant and
17 other superintendents, shall be appointed by the board of education of a
18 city school district, upon the recommendation of the superintendent of
19 schools, to serve pursuant to a contract of employment. Such contract
20 shall be for a term of not less than three and not more than five years,
21 and shall contain such other terms as shall be mutually acceptable to
22 the parties and are consistent with any applicable collective bargaining
23 agreements and this subdivision, including but not limited to, proce-
24 dures for termination by either party prior to the expiration of the
25 term of such contract. During the first three years of the employee's
26 initial contract for a particular position on the supervising staff, the
27 service of such employee may be discontinued at any time on the recom-
28 mendation of the superintendent of schools, by a majority vote of the
29 board of education or the trustees of a common school district. There-
30 after, any such termination by the trustees or board of education during
31 the term of the contract shall be for cause, upon notice and an opportu-
32 nity for a hearing pursuant to section three thousand twenty-a of this
33 chapter or, for members of the supervising staff who are represented by
34 a collective bargaining unit, pursuant to a collectively negotiated
35 expedited disciplinary procedure. Such contracts may include pay for
36 performance plans using a value added assessment system of student
37 performance.
38 § 19. Paragraph (b) of subdivision 1 of section 2573 of the education
39 law, as amended by chapter 468 of the laws of 1975, is amended and a new
40 subdivision 18 is added to read as follows:
41 (b) Administrators, directors, supervisors, principals and all other
42 members of the supervising staff, except executive directors, associate,
43 assistant, district and community superintendents and examiners, author-
44 ized by section twenty-five hundred fifty-four of this article, who are
45 appointed prior to September first, two thousand five, shall be
46 appointed by the board of education, upon the recommendation of the
47 superintendent or chancellor of schools, for a probationary period of
48 three years. The service of a person appointed to any of such positions
49 may be discontinued at any time during the probationary period on the
50 recommendation of the superintendent of schools, by a majority vote of
51 the board of education.
52 18. Principals, administrators, directors, supervisors and all other
53 members of the supervising staff of city school districts who are
54 appointed on or after September first, two thousand five, except execu-
55 tive directors, associate, assistant, district and community superinten-
56 dents, authorized by section twenty-five hundred fifty-four of this
S. 991 43 A. 1921
1 article, shall be appointed by the board of education, upon the recom-
2 mendation of the superintendent of schools, to serve pursuant to a
3 contract of employment. Such contract shall be for a term of not less
4 than three and not more than five years, and shall contain such other
5 terms as shall be mutually acceptable to the parties and are consistent
6 with any applicable collective bargaining agreements and this subdivi-
7 sion, including but not limited to, procedures for termination by either
8 party prior to the expiration of the term of such contract. During the
9 first three years of the employee's initial contract for a particular
10 position on the supervising staff, the service of such employee may be
11 discontinued at any time on the recommendation of the superintendent of
12 schools, by a majority vote of the board of education or the trustees of
13 a common school district. Thereafter, any such termination by the trus-
14 tees or board of education during the term of the contract shall be for
15 cause, upon notice and an opportunity for a hearing pursuant to section
16 three thousand twenty-a of this chapter or, for members of the supervis-
17 ing staff who are represented by a collective bargaining unit, pursuant
18 to a collectively negotiated expedited disciplinary procedure, or, where
19 applicable, pursuant to the provisions of subdivisions three and four of
20 section three thousand twenty of this chapter. Such contracts may
21 include pay for performance plans using a value added assessment system
22 of student performance.
23 § 20. Section 3004 of the education law is amended by adding two new
24 subdivisions 4 and 5 to read as follows:
25 4. a. The commissioner shall adopt regulations to establish alterna-
26 tive certification procedures for the issuance of teacher's and adminis-
27 trator's certificates to candidates who do not meet all the educational
28 requirements for a certificate but whose training and experience are the
29 substantial equivalent of such requirements and qualify such persons for
30 the duties of a teacher or school administrator. For purposes of this
31 section, any person making application for alternative certification
32 shall be considered to have the substantial equivalent of any education
33 requirement if he or she has earned any post-baccalaureate degree in a
34 degree field related to the certification area for which he or she seeks
35 a teacher's certificate, or if he or she has attained a baccalaureate
36 degree in a degree field related to the certification area for which he
37 or she seeks a teacher's certificate and has at least five years of
38 documented satisfactory experience in a field related to the certif-
39 ication area for which he or she seeks a teacher's certificate. Indi-
40 viduals seeking alternative certification pursuant to this paragraph
41 shall be required to take and pass all the examinations required for
42 certification within two years of the date they are employed by a board
43 of education or board of cooperative educational services as a certified
44 employee.
45 b. The commissioner shall also adopt regulations to provide for alter-
46 native certification procedures for the issuance of an initial teaching
47 certificate to candidates who have attained a baccalaureate degree but
48 who do not meet all the educational requirements for an initial teaching
49 certificate. For purposes of this section, a person shall be considered
50 to have the substantial equivalent of any education requirement for the
51 receipt of an initial teaching certificate if he or she has attained a
52 baccalaureate degree and has achieved a passing grade on required state
53 exams for the receipt of an initial teaching certificate, provided that
54 any person receiving an initial certificate pursuant to this paragraph
55 shall have two years from the date they received such initial certif-
S. 991 44 A. 1921
1 ication to achieve a passing grade on any required exam related to peda-
2 gogic methods.
3 c. School districts hiring teachers receiving alternative certif-
4 ication shall include in their comprehensive sound basic education plan
5 a section describing the pre-service and in-service training including
6 mentoring that will be provided to individuals receiving alternative
7 certification pursuant to this section, provided that nothing shall
8 prohibit the school district from providing such training through their
9 own professional development program or by contract with another entity.
10 5. The commissioner shall promulgate regulations to require that
11 school district administrators and supervisors receive time-limited
12 initial and professional teaching certificates and complete one hundred
13 seventy-five hours of continuing education to maintain such certif-
14 icates.
15 § 21. Subdivision 2 of section 2502 of the education law, as amended
16 by chapter 698 of the laws of 1989, is amended to read as follows:
17 2. Each board of education shall consist of five, seven or nine
18 members, to be known as members of the board of education. In the city
19 of Albany, such board shall consist of seven voting members; and in the
20 city of Rensselaer, such board shall consist of five members; subject,
21 however, to any increase or decrease of the number of voting members of
22 such board as provided pursuant to the provisions of paragraph a of
23 subdivision four of this section. [Members] Notwithstanding any other
24 provision of law to the contrary, in the city of Albany the mayor, or
25 his designee, shall serve as an additional ex officio non-voting member
26 of the board of education, provided that the provisions of subdivisions
27 three, four, six, seven, eight and nine of this section shall not apply
28 to such ex officio position and such position shall not be counted in
29 determining a quorum for the transaction of business. Voting members
30 of such board shall be elected by the qualified voters at large of the
31 school district at annual school elections, under the provisions of
32 article fifty-three of this chapter except in the city school district
33 of the city of Albany; provided, however, each board of education may
34 upon its own motion, and shall upon a written petition, subscribed by
35 not less than five hundred qualified voters of the district, cause to be
36 submitted at the annual school election a proposition to consider each
37 vacancy upon the board of education a separate specific office requiring
38 a separate petition to nominate a candidate to each separate office in
39 accordance with the provisions of article fifty-three of this chapter.
40 § 22. Section 2552 of the education law, as amended by chapter 138 of
41 the laws of 1974, is amended to read as follows:
42 § 2552. Board of education. The board of education of each such city
43 school district is hereby continued. The educational affairs in each
44 such city school district shall be under the general management and
45 control of a board of education to consist of not less than three and
46 not more than [nine] eleven members, to be chosen as hereinafter
47 provided, and to be known as members of the board of education, except
48 that the board of education of the city school district of the city of
49 New York shall be constituted as provided in article fifty-two-A of this
50 chapter. The number of members on the board of education of each such
51 city school district shall continue to be as follows:
52 a. City school district of the city of Buffalo: [nine] eleven members,
53 two of which shall be appointed by the mayor.
54 b. City school district of the city of Rochester: [seven] nine
55 members, two of which shall be appointed by the mayor.
S. 991 45 A. 1921
1 c. City school district of the city of Syracuse: [seven] nine members,
2 two of which shall be appointed by the mayor.
3 d. City school district of the city of Yonkers: nine members.
4 § 23. Section 2553 of the education law is amended by adding a new
5 subdivision 3-a to read as follows:
6 3-a. In the city school districts of the cities of Buffalo, Rochester
7 and Syracuse, the mayors of such cities shall appoint two residents to
8 the board of education. Each appointee shall serve for a term of four
9 years and may be removed by the mayor at any time during their term.
10 § 24. Subdivision 32 of section 305 of the education law, as added by
11 section 1 of part H of chapter 83 of the laws of 2002, is amended to
12 read as follows:
13 32. a. On or before June first, two thousand three, the commissioner
14 shall complete a review of all applications, plans and reports required
15 of school districts or boards of cooperative educational services by the
16 department. This review shall be undertaken with a focus on streamlining
17 all programmatic reporting requirements with the aim of eliminating or
18 reducing excess reporting requirements and to determine the need for
19 continued annual submission of such documents. Upon completion of such
20 review, the commissioner shall submit his or her findings to the direc-
21 tor of the budget, the chair of the assembly ways and means committee
22 and the chair of the senate finance committee.
23 b. The commissioner shall, to the extent practicable and consistent
24 with federal and state law, eliminate or streamline programmatic report-
25 ing, planning and application requirements imposed on school districts
26 and boards of cooperative educational services, in order to eliminate or
27 minimize the production of reports, applications and plans that contain
28 duplicative information. The commissioner shall require all school
29 districts and boards of cooperative educational services to compress all
30 districtwide planning requirements into a single districtwide comprehen-
31 sive plan, which at a minimum shall include the components prescribed by
32 the commissioner, including but not limited to the districtwide long-
33 range capital facilities plan, and applicable current federal require-
34 ments. The commissioner shall also require all school districts and
35 boards of cooperative educational services to compress all building
36 level planning requirements into a single building level comprehensive
37 plan, which at a minimum shall include the components prescribed by the
38 commissioner, and applicable current federal requirements. It shall be
39 the duty of the trustees or board of education of every school district
40 and of the chancellor and each community district educational council in
41 the city school district of the city of New York and of every board of
42 cooperative educational services to assure that all components of the
43 districtwide comprehensive plan and each building level comprehensive
44 plan are as fully integrated and consistent as practicable, and that
45 such plans are continuously reviewed, reflect ongoing analyses of
46 current teaching and learning data, and are updated on at least an annu-
47 al basis. Notwithstanding any other provision of law, rule or regulation
48 to the contrary, any separate plan requirements imposed under this chap-
49 ter or any rule or regulation shall be deemed to be fulfilled by inclu-
50 sion of such plan in the comprehensive districtwide or building level
51 plan, provided that all required information is included in the applica-
52 ble comprehensive plan.
53 c. The commissioner shall require the trustees or board of education
54 of every school district and the chancellor and each community district
55 educational council in the city school district of the city of New York
56 and every board of cooperative educational services to make its
S. 991 46 A. 1921
1 districtwide comprehensive plan and each building level comprehensive
2 plan available to the public, except where such plans contain informa-
3 tion that is confidential and not subject to disclosure under state or
4 federal law. Notwithstanding any other provision of law, rule or regu-
5 lation to the contrary, any school district or board of cooperative
6 educational services that makes its comprehensive districtwide and/or
7 building level plans publicly available electronically through posting
8 on its website shall be deemed to have filed such plans with the depart-
9 ment as of the date of posting and shall not be required to separately
10 report the information contained in such plans to the department,
11 provided that such district or board of cooperative educational services
12 reports such posting to the department, with the web address at which
13 such plans are available, in the manner prescribed by the department,
14 and provided further that nothing herein shall preclude the department
15 from requiring the submission of additional information where it deter-
16 mines that the information in the comprehensive plans is not current or
17 complete or otherwise sufficient to meet statutory or regulatory
18 requirements.
19 § 25. Section 3020 of the education law is amended by adding a new
20 subdivision 5 to read as follows:
21 5. Notwithstanding any inconsistent provision of law, when a tenured
22 teacher receives an evaluation from the school district which documents
23 pedagogical incompetence, the district shall take the following steps
24 prior to bringing charges under section three thousand twenty-a of this
25 article. The district shall develop a ninety day plan in consultation
26 with the teacher and his or her collective bargaining unit to remediate
27 the problem. If after the remedial plan is completed, the tenured teach-
28 er's performance is still unsatisfactory as determined through an obser-
29 vation and written evaluation conducted following completion of the
30 ninety day remedial plan, the district may file charges of pedagogical
31 incompetence against the teacher and use the expedited procedure
32 described in subdivision six of section three thousand twenty-a of this
33 article.
34 § 26. Paragraphs (c) and (d) of subdivision 2, subparagraphs (ii) and
35 (iii) of paragraph b and subparagraphs (ii), (v) and (vi) of paragraph c
36 of subdivision 3 and paragraphs (a) and (b) of subdivision 4 of section
37 3020-a of the education law, as amended by chapter 691 of the laws of
38 1994, are amended and a new subdivision 6 is added to read as follows:
39 (c) Within [ten] five days of receipt of the statement of charges, the
40 employee shall notify the clerk or secretary of the employing board in
41 writing whether he or she desires a hearing on the charges and when the
42 charges concern pedagogical incompetence or issues involving pedagogical
43 judgment, his or her choice of either a single hearing officer or a
44 three member panel. All other charges shall be heard by a single hearing
45 officer.
46 (d) The unexcused failure of the employee to notify the clerk or
47 secretary of his or her desire for a hearing within [ten] five days of
48 the receipt of charges shall be deemed a waiver of the right to a hear-
49 ing. Where an employee requests a hearing in the manner provided for by
50 this section, the clerk or secretary of the board shall, within three
51 working days of receipt of the employee's notice or request for a hear-
52 ing, notify the commissioner [of education] of the need for a hearing.
53 If the employee waives his or her right to a hearing the employing board
54 shall proceed, within fifteen days, by a vote of a majority of all
55 members of such board, to determine the case and fix the penalty, if
56 any, to be imposed in accordance with subdivision four of this section.
S. 991 47 A. 1921
1 (ii) Not later than [ten] five days after the date the commissioner
2 mails to the employing board and the employee the list of potential
3 hearing officers and biographies provided to the commissioner by the
4 association, the employing board and the employee, individually or
5 through their agents or representatives, shall by mutual agreement
6 select a hearing officer from said list to conduct the hearing and shall
7 notify the commissioner of their selection.
8 (iii) If the employing board and the employee fail to agree on an
9 arbitrator to serve as a hearing officer from said list and so notify
10 the commissioner within [ten] five days after receiving the list from
11 the commissioner, the commissioner shall request the association to
12 appoint a hearing officer from said list.
13 (ii) The hearing officer selected to conduct a hearing under this
14 section shall, within ten [to fifteen] days of agreeing to serve as
15 such, hold a pre-hearing conference which shall be held in the school
16 district or county seat of the county, or any county, wherein the
17 employing school board is located. The pre-hearing conference shall be
18 limited in length to one day except that the hearing officer, in his or
19 her discretion, may allow one additional day for good cause shown.
20 (v) In the event that at the pre-hearing conference the employing
21 board presents evidence that the [professional] teaching certificate or
22 license of the employee has been revoked and all judicial and adminis-
23 trative remedies have been exhausted or foreclosed, the hearing officer
24 shall schedule the date, time and place for an expedited hearing, which
25 hearing shall commence not more than [seven] five days after the pre-
26 hearing conference and which shall be limited to one day. The expedited
27 hearing shall be held in the local school district or county seat of the
28 county or any county, wherein the said employing board is located. The
29 expedited hearing shall not be postponed except upon the request of a
30 party and then only for good cause as determined by the hearing officer.
31 At such hearing, each party shall have equal time in which to present
32 its case.
33 (vi) During the pre-hearing conference, the hearing officer shall
34 determine the reasonable amount of time necessary for a final hearing on
35 the charge or charges and shall schedule the location, [time(s)] time or
36 times and [date(s)] date or dates for the final hearing. The final hear-
37 ing shall be held in the local school district or county seat of the
38 county, or any county, wherein the said employing school board is
39 located. In the event that the hearing officer determines that the
40 nature of the case requires the final hearing to last more than one day,
41 the days that are scheduled for the final hearing shall be consecutive.
42 The day or days scheduled for the final hearing shall not be postponed
43 except upon the request of a party and then only for good cause shown as
44 determined by the hearing officer. In all cases, the final hearing shall
45 be completed no later than [sixty] thirty days after the pre-hearing
46 conference unless the hearing officer determines that extraordinary
47 circumstances warrant a limited extension.
48 (a) The hearing officer shall render a written decision within [thir-
49 ty] fifteen days of the last day of the final hearing, or in the case of
50 an expedited hearing within [ten] two days of such expedited hearing,
51 and shall forthwith forward a copy thereof to the commissioner [of
52 education] who shall immediately forward copies of the decision to the
53 employee and to the clerk or secretary of the employing board. The writ-
54 ten decision shall include the hearing officer's findings of fact on
55 each charge, his or her conclusions with regard to each charge based on
56 said findings and shall state what penalty or other action, if any,
S. 991 48 A. 1921
1 shall be taken by the employing board. At the request of the employee,
2 in determining what, if any, penalty or other action shall be imposed,
3 the hearing officer shall consider the extent to which the employing
4 board made efforts towards correcting the behavior of the employee which
5 resulted in charges being brought under this section through means
6 including but not limited to: remediation, peer intervention or an
7 employee assistance plan. In those cases where a penalty is imposed,
8 such penalty may be a written reprimand, a fine, suspension for a fixed
9 time without pay, or dismissal. In addition to or in lieu of the afore-
10 mentioned penalties, the hearing officer, where he or she deems appro-
11 priate, may impose upon the employee remedial action including but not
12 limited to leaves of absence with or without pay, continuing education
13 and/or study, a requirement that the employee seek counseling or medical
14 treatment or that the employee engage in any other remedial or combina-
15 tion of remedial actions.
16 (b) Within [fifteen] ten days of receipt of the hearing officer's
17 decision the employing board shall implement the decision. If the
18 employee is acquitted he or she shall be restored to his or her position
19 with full pay for any period of suspension without pay and the charges
20 expunged from the employment record. If an employee who was convicted of
21 a felony crime specified in paragraph (b) of subdivision two of this
22 section, has said conviction reversed, the employee, upon application,
23 shall be entitled to have his pay and other emoluments restored, for the
24 period from the date of his suspension to the date of the decision.
25 6. Alternative procedure for pedagogical incompetence. Notwithstand-
26 ing any inconsistent provision of law, when a tenured teacher is charged
27 with pedagogical incompetence in accordance with the procedures
28 described in subdivision four of section three thousand twenty of this
29 article, the following alternative hearing procedure shall be followed.
30 Within thirty days of the unsatisfactory observation and written evalu-
31 ation following the completion of the ninety day remedial plan, the
32 district shall notify the tenured teacher of the charges based on the
33 evaluation. At the same time the district shall request a list of hear-
34 ing officers from the commissioner in accordance with subdivision three
35 of this section. Such list shall contain names of hearing officers who
36 would be available to complete the hearing and issue a decision within
37 sixty days of the filing of charges. Within five days of the notifica-
38 tion of charges the teacher shall notify the district whether he or she
39 is requesting a hearing. If the teacher requests a hearing, the teacher
40 and school district shall agree on a hearing officer from the list
41 provided by the commissioner within five days of receipt of the list. If
42 a hearing officer is not agreed to within five days, the commissioner
43 shall select a hearing officer from the list. The commissioner shall
44 adopt regulations to ensure any hearing conducted in accordance with
45 this subdivision is completed within ninety days of the unsatisfactory
46 observation and written evaluation conducted following completion of the
47 remedial plan.
48 § 27. Subdivisions 1, 3 and 6 of section 416 of the education law,
49 subdivision 1 as amended by chapter 687 of the laws of 1949, subdivision
50 3 as amended by chapter 171 of the laws of 1996 and subdivision 6 as
51 amended by chapter 295 of the laws of 1976, are amended to read as
52 follows:
53 1. A majority of the voters of any school district, present and voting
54 at any annual district meeting, or a special district meeting called for
55 a revote on the school district budget, duly convened, may authorize
56 such acts and vote such taxes as they shall deem expedient for making
S. 991 49 A. 1921
1 additions, alterations, repairs or improvements, to the sites or build-
2 ings belonging to the district, or for altering and equipping for
3 library use any former schoolhouse belonging to the district, or for the
4 purchase of other sites or buildings, or for a change of sites, or for
5 the purchase of land and buildings for agricultural, athletic, play-
6 ground or social center purposes, or for the erection of new buildings,
7 or for building a bus garage, or for buying apparatus, implements, or
8 fixtures, or for paying the wages of teachers, and the necessary
9 expenses of the school, or for the purpose of paying any judgment, or
10 for the payment or refunding of an outstanding bonded indebtedness, or
11 for such other purpose relating to the support and welfare of the school
12 as they may, by resolution, approve. A majority of the voters of any
13 school district, present and voting at a special district meeting other
14 than a meeting called for a revote on the school district budget, duly
15 convened, may authorize such acts and vote such taxes for such purposes
16 only if such special district meeting is called in response to an
17 unforeseeable emergency that has damaged or destroyed a school building,
18 school bus or other apparatus and rendered it unsafe and unusable after
19 notice of the school district annual meeting has been issued and before
20 notice of the following annual meeting is issued.
21 3. No addition to or change of site or purchase of a new site or tax
22 for the purchase of any new site or structure, or for grading or improv-
23 ing a school site, or for the purchase of an addition to the site of any
24 schoolhouse, or for the purchase of lands and buildings for agricul-
25 tural, athletic, playground or social center purposes, or for building
26 any new schoolhouse or for the erection of an addition to any school-
27 house already built, or for the payment or refunding of an outstanding
28 bonded indebtedness, shall be voted at any such meeting in a union free
29 school district or a city school district which conducts annual budget
30 votes in accordance with article forty-one of this chapter pursuant to
31 section twenty-six hundred one-a of this chapter, unless a notice by the
32 board of education stating that such tax will be proposed, and specify-
33 ing the object thereof and the amount to be expended therefor, shall
34 have been given in the manner provided herein for the notice of an annu-
35 al meeting. In a common school district the notice of a special meeting
36 to authorize any of the improvements enumerated in this section, where a
37 special meeting is authorized under subdivision one of this section,
38 shall be given as provided in section two thousand six of this chapter.
39 The board of education of a union free school district or a city school
40 district which conducts annual budget votes in accordance with article
41 forty-one of this chapter pursuant to section twenty-six hundred one-a
42 of this chapter, may determine that the vote upon any question to be
43 submitted at a special meeting as provided in this section, where a
44 special meeting is authorized under subdivision one of this section,
45 shall be by ballot, in which case it shall state in the notice of such
46 special meeting the hours during which the polls shall be kept open.
47 Printed ballots may be prepared by the board in advance of the meeting
48 and the proposition or propositions called for in the notice of the
49 meeting may be submitted in substantially the same manner as proposi-
50 tions to be voted upon at a general election.
51 6. Notwithstanding the foregoing provisions of this section, propo-
52 sitions for the construction of a new schoolhouse or an addition to a
53 present schoolhouse at the same site shall not be submitted for a vote
54 more than [twice] once during any twelve month period and in no event
55 shall a proposition be submitted for a vote less than ninety days after
56 a vote on the same or similar proposition. However, the prohibition of
S. 991 50 A. 1921
1 this subdivision shall not apply to a proposition to approve an addi-
2 tional amount necessary to carry out a construction project, where the
3 voters have approved an initial building project and it is determined
4 that the bids for such project are in excess of the approved amount and
5 the project is in response to an unforeseeable emergency that has
6 damaged or destroyed a school building, school bus or other apparatus
7 and rendered it unsafe and unusable.
8 § 28. Subdivision 4 of section 1804 of the education law, as amended
9 by section 8 of part A of chapter 436 of the laws of 1997, is amended to
10 read as follows:
11 4. The annual meeting and election in each central school district
12 shall be held on the third Tuesday of May provided, however that such
13 annual meeting and election shall be held on the second Tuesday in May
14 if the commissioner at the request of a local school board certifies no
15 later than March first that such election would conflict with religious
16 observances, and any school budget revote shall be held on the date
17 specified in subdivision three of section two thousand seven of this
18 title. Such annual meeting and school budget revote shall be conducted
19 and the election of members of the board shall be held in the same
20 manner as in union free school districts organized and operating under
21 the provisions of this chapter. The board of education of each central
22 school district shall hold a budget hearing not less than seven nor more
23 than fourteen days prior to the annual or special district meeting at
24 which a school budget vote will occur, and shall prepare and present to
25 the voters at such budget hearing a proposed school district budget for
26 the ensuing school year.
27 § 29. Subdivision 1 of section 1906 of the education law, as amended
28 by section 10 of part A of chapter 436 of the laws of 1997, is amended
29 to read as follows:
30 1. The annual meeting and election of a central high school district
31 shall be held on the third Tuesday in May, provided, however, that such
32 annual meeting and election shall be held on the second Tuesday in May
33 if the commissioner at the request of a local school board certifies no
34 later than March first that such election would conflict with religious
35 observances, and any school budget revote shall be held on the date
36 specified in subdivision three of section two thousand seven of this
37 title. The board of education of every central high school district
38 shall hold a budget hearing prior to each annual meeting and election or
39 special district meeting at which a school budget vote will occur, and
40 shall prepare and present to the voters at such budget hearing a
41 proposed school district budget for the ensuing school year. Special
42 meetings may be called in the same manner and for the same purposes as
43 special meetings in union free school districts. Such meetings shall be
44 held for the same purposes and in the same manner, and be subject to the
45 same provisions of law, except as may be provided otherwise in subdivi-
46 sion two of this section, as like meetings in union free school
47 districts, and all persons who are qualified electors of the school
48 districts included in such central high school district may vote at such
49 meetings.
50 § 30. Subdivision 1 of section 2002 of the education law, as amended
51 by section 5 of part C of chapter 58 of the laws of 1998, is amended to
52 read as follows:
53 1. The annual meeting and election of each school district shall be
54 held on the third Tuesday of May in each year, provided, however that
55 such annual meeting and election shall be held on the second Tuesday in
56 May if the commissioner at the request of a local school board certifies
S. 991 51 A. 1921
1 no later than March first that such election would conflict with reli-
2 gious observances. [Unless the hour and place thereof shall have been
3 fixed by a vote of a previous district meeting, the same] The annual
4 district meeting and election shall be held in the schoolhouse at
5 seven-thirty o'clock in the evening in the case of a school district
6 that is not divided into election districts and conducts its election or
7 vote by recording the ayes or noes of the qualified voters attending,
8 or, in the case of all other districts, [during at least six consecutive
9 hours after six a.m., two of which hours shall be after six p.m. as
10 determined by resolution of the trustees or board of education,
11 provided, however, that the trustees or board of education of any school
12 district that conducted its annual meeting at seven-thirty p.m. in nine-
13 teen hundred ninety-seven may conduct its annual election and budget
14 vote at such time in nineteen hundred ninety-eight] from six o'clock in
15 the morning until nine o'clock in the evening. If a district possesses
16 more than one schoolhouse, it shall be held in the one usually employed
17 for that purpose, unless the trustees or board of education designate
18 another or determines that the annual meeting and election shall be held
19 in more than one schoolhouse within the district without dividing into
20 election districts, provided that if the school district is divided into
21 election districts such annual meeting and election shall be held at
22 such place in each election district as the board of education may
23 designate. If the district possesses no schoolhouse, or if the school-
24 house shall not be accessible or adequate, then the annual meeting and
25 election shall be held at such place or places as the trustees or board
26 of education, or the clerk, shall designate in the notice.
27 § 31. Section 2005 of the education law, as renumbered by chapter 801
28 of the laws of 1953, is amended to read as follows:
29 § 2005. Special meeting to transact business of annual meeting. When-
30 ever the time for holding the annual meeting in a school district shall
31 pass without such meeting being held, a special meeting to be held on
32 the date specified for a school budget revote shall thereafter be called
33 by the trustees or by the clerk of such district for the purpose of
34 transacting the business of the annual meeting; and if no such meeting
35 be called by the trustees or the clerk within ten days after such time
36 shall have passed, the district superintendent of the supervisory
37 district in which said school district is situated or the commissioner
38 of education may order any inhabitant of such district to give notice of
39 such meeting in the manner provided in section two thousand one, and the
40 officers of the district shall make to such meeting the reports required
41 to be made at the annual meeting, subject to the same penalty in case of
42 neglect; and the officers elected at such meeting shall hold their
43 respective offices only until the next annual meeting and until their
44 successors are elected and shall have qualified. Notice of such annual
45 meeting shall comply with the requirements of section two thousand three
46 or two thousand four of this part applicable to a school budget revote.
47 If the qualified voters at such special district meeting defeat the
48 school district budget, the trustees or board of education shall adopt a
49 contingency budget pursuant to section two thousand twenty-three of this
50 part.
51 § 32. Subdivision 1 of section 2006 of the education law, as amended
52 by chapter 475 of the laws of 1979, is amended and a new subdivision 3
53 is added to read as follows:
54 1. A special district meeting of a common school district shall be
55 held whenever called by the trustees [or whenever called for by petition
56 of the voters pursuant to subdivision three of this section]. The trus-
S. 991 52 A. 1921
1 tees may call a special district meeting for the purposes specified in
2 section four hundred sixteen of this chapter under the conditions speci-
3 fied in such section four hundred sixteen. The notice thereof shall
4 state the purposes for which it is called, and no business shall be
5 transacted at such special meeting, except that which is specified in
6 the notice; and the district clerk, or, if the office be vacant, or the
7 clerk be sick or absent, or shall refuse to act, a trustee, or some
8 taxable inhabitant, by order of the trustees, shall serve the notice
9 upon each inhabitant of the district qualified to vote at district meet-
10 ings, at least six days before the day of the meeting, in the manner
11 prescribed in section two thousand one of this part or the trustees
12 shall give notice of the time and place of such special meeting, and the
13 notice shall be published once in each week within the four weeks next
14 preceding the special meeting, the first publication to be at least
15 twenty-two days before said meeting, in two newspapers if there shall be
16 two, or in one newspaper if there shall be but one, having general
17 circulation within such common school district. But if no newspaper
18 shall then have general circulation therein, the said notice shall be
19 posted in at least twenty public places in said district twenty-two days
20 but not more than twenty-eight days before the time of such meeting.
21 3. Whenever the voters shall have defeated the budget of the school
22 district at the annual meeting and election, the trustees may call a
23 special district meeting for a school budget revote to be held on the
24 third Tuesday of June, provided, however that such budget revote shall
25 be held on the second Tuesday in June if the commissioner at the request
26 of a local school board certifies no later than March first that such
27 vote would conflict with religious observances. The trustees shall be
28 authorized to give the notices required by subdivision one of section
29 two thousand three of this part and this section by publishing such
30 notices once in each week within the two weeks next preceding such
31 special meeting, the first publication to be at least fourteen days
32 before such meeting, with any required posting to be fourteen days
33 before the time of such meeting.
34 § 33. Subdivisions 1, 2, 3 and 4 of section 2007 of the education law,
35 subdivisions 1 and 2 as amended by chapter 801 of the laws of 1953,
36 subdivision 3 as added by chapter 675 of the laws of 1968 and subdivi-
37 sion 4 as added by chapter 241 of the laws of 1972, are amended to read
38 as follows:
39 1. The board of education in a union free school district, to the
40 extent consistent with subdivision two of this section, shall have power
41 to call special meetings of the inhabitants of the district whenever
42 they shall deem it necessary and proper, in the manner prescribed in
43 subdivision two of section two thousand four of this [chapter] part. The
44 notice of each special meeting shall state the purposes for which it is
45 called, and no business shall be transacted at such special meeting,
46 except that which is specified in the notice.
47 2. In a union free school district [whose limits correspond with those
48 of any incorporated village], the board of education shall have power to
49 call special meetings of the inhabitants of the district for the
50 purposes mentioned in section four hundred sixteen of this chapter under
51 the conditions specified in such section four hundred sixteen in the
52 manner prescribed in said subdivision two of section two thousand four
53 of this [chapter] part.
54 3. a. Notwithstanding the provisions of subdivisions one and two of
55 this section, and of section two thousand four of this [chapter] part,
56 whenever the voters of the district shall have defeated the budget of
S. 991 53 A. 1921
1 the district, in whole or in part, [or whenever the board of education
2 shall have rejected all bids for a contract or contracts for public
3 work, transportation or purchase, and whenever in either such case the
4 board of education shall deem it necessary and proper to call a special
5 meeting to take appropriate action,] the board of education shall be
6 authorized to give the notices required by subdivision one of section
7 two thousand four of this [chapter] part by publishing such notices once
8 in each week within the two weeks next preceding such special meeting,
9 the first publication to be at least fourteen days before such meeting
10 and any required posting to be fourteen days before the time of such
11 meeting.
12 b. A school budget revote called pursuant to paragraph a of this
13 subdivision shall be held on the third Tuesday of June, provided, howev-
14 er that such budget revote shall be held on the second Tuesday in June
15 if the commissioner at the request of a local school board certifies no
16 later than March first that such vote would conflict with religious
17 observances.
18 c. Notwithstanding the provisions of section two thousand fourteen of
19 this [chapter] part, where a school district shall have adopted personal
20 registration, the board of registration shall meet on such day or days
21 as shall be fixed by the board of education, the last day of which,
22 however, shall not be more than seven nor less than two days preceding
23 any school district meeting notices for which shall have been given as
24 provided in this subdivision.
25 4. The board of education in a union free school district shall, in
26 each case when a special district meeting is required or permitted to
27 elect members of such board of education, call such meeting for [at
28 least six consecutive hours between the hours of seven o'clock in the
29 forenoon and nine o'clock in the afternoon, at least two of which hours
30 shall be after six o'clock in the afternoon] the hours from six o'clock
31 in the morning until nine o'clock in the evening, and notice shall be
32 given in the manner prescribed in section two thousand four of this
33 [chapter] part for meetings held over the hours.
34 § 34. The education law is amended by adding a new section 2013 to
35 read as follows:
36 § 2013. Review of election procedures by county boards of election. 1.
37 Notwithstanding any provisions of this article, article fifty-three of
38 this chapter or any other law, rule or regulation to the contrary, the
39 trustees or board of education of every school district to which this
40 article applies shall consult with the county board of elections of the
41 county in which the chief administrative office of the school district
42 is located concerning the procedures used by the school district in
43 conducting school district meetings and elections. Each county board of
44 elections shall periodically review such school district procedures and
45 make recommendations to the trustees or board of education of each such
46 school district on ways to improve the fairness and protect the integri-
47 ty of the electoral process, which shall include the option of super-
48 vision of the school meetings and elections by the county board of
49 elections pursuant to subdivisions two, three and four of this section.
50 The first such review shall be completed in sufficient time to permit
51 changes in procedures used in the conduct of school district annual and
52 special district meetings and elections held on or after the second
53 Tuesday in May, two thousand six. The trustees of each school district
54 shall cooperate with and provide all assistance required by the county
55 board of elections to complete such review. The trustees or board of
56 education shall prepare a written response to the recommendations of the
S. 991 54 A. 1921
1 county board of elections, including an explanation of its reasons for
2 rejecting any recommendations of the county board of elections, and
3 shall hold a public hearing to present its response to the qualified
4 voters. The provisions of this section shall not apply to school
5 district elections currently under the supervision of a county board of
6 elections pursuant to subdivision nine or nine-a of section twenty-five
7 hundred two of this title. The school authorities shall cooperate with
8 the county boards of election in implementing the provisions of this
9 section.
10 2. The trustees or board of education may request the county board of
11 elections to assume all or some of the functions, powers and duties
12 assigned to the trustees or board of education in overseeing or adminis-
13 tering elections pursuant to the provisions of: subdivision four of
14 section eighteen hundred three-a, subdivisions four and five of section
15 nineteen hundred six and sections two thousand fourteen, two thousand
16 seventeen, two thousand eighteen-a, two thousand eighteen-b, two thou-
17 sand eighteen-c, two thousand nineteen-a, two thousand twenty-five, two
18 thousand thirty, two thousand thirty-four, subdivision one of section
19 two thousand thirty-five (except the authority to authorize the purchase
20 of voting machines) of this title, and sections twenty-six hundred four,
21 twenty-six hundred six, twenty-six hundred seven, twenty-six hundred
22 ten, twenty-six hundred eleven and twenty-six hundred thirteen of this
23 title and any other provision of law relating to the registration of
24 voters or the casting or canvassing of ballots or procedures at district
25 meetings. The members of the county board of elections and any of its
26 officers or employees or other persons appointed or assigned to carry
27 out the duties of trustees or board of education pursuant to this subdi-
28 vision shall be deemed to be school district officers or employees for
29 purposes of sections thirty-eight hundred ten through thirty-eight
30 hundred thirteen of this chapter, and any of their actions or omissions
31 relating to the conduct of a school district meeting or election shall
32 be deemed actions or omissions of school authorities for purposes of
33 sections three hundred ten and two thousand thirty-seven of this chap-
34 ter.
35 3. The trustees or board of education may also request the county
36 board of elections to appoint or designate, for each school district,
37 one or more persons to carry out all the functions, powers and duties
38 assigned to the district clerk or a designee under the provisions of:
39 article thirty-two of this chapter, subdivisions four and five of
40 section nineteen hundred six, and sections two thousand fourteen, two
41 thousand fifteen, two thousand eighteen, two thousand eighteen-a, two
42 thousand eighteen-b, two thousand eighteen-c, two thousand twenty, two
43 thousand twenty-five, two thousand twenty-nine, two thousand thirty-two,
44 two thousand thirty-four of this title, and sections twenty-six hundred
45 six, twenty-six hundred seven, twenty-six hundred eight, and twenty-six
46 hundred ten of this title and any other provision of law relating to
47 filing of expenditure and contribution statements or nominating
48 petitions, the receipt or canvassing of ballots or recording the results
49 of the vote. Notwithstanding any other provision of law, such persons
50 shall not be required to be residents of the school district. Any offi-
51 cers or employees of the county board of elections or other persons so
52 appointed or designated to carry out the duties of a district clerk
53 pursuant to this subdivision shall be deemed to be school district offi-
54 cers or employees for purposes of sections thirty-eight hundred ten
55 through thirty-eight hundred thirteen of this chapter, and any of their
56 actions or omissions relating to the conduct of a school district meet-
S. 991 55 A. 1921
1 ing or election shall be deemed actions or omissions of school authori-
2 ties for purposes of sections three hundred ten and two thousand thir-
3 ty-seven of this chapter.
4 4. The county board of elections shall notify the trustees or board of
5 education of each school district of the address of any person or
6 persons appointed or designated to serve as district clerk pursuant to
7 subdivision three of this section at which expenditure statements, nomi-
8 nating petitions, applications for absentee ballots and other documents
9 relating to school district meetings or elections must be filed. The
10 first such notice shall be provided at least sixty days preceding the
11 first annual meeting at which such person will serve as district clerk.
12 The county board of elections shall notify affected school districts at
13 least seven days in advance of any subsequent change in such address.
14 The county board of election may terminate such appointment or desig-
15 nation prior to any annual district meeting or election, upon at least
16 ninety days notice to the trustees or board of education. It shall be
17 the duty of the trustees or board of education to include such address
18 in the notice of any annual or special district meeting or election held
19 on or after the second Tuesday in May, two thousand six.
20 5. Each county board of elections, in consultation with the trustees
21 or board of education of school districts within their jurisdiction,
22 shall develop recommendations to expand the number and enhance the
23 accessibility of polling places within the school district for conduct-
24 ing school district meetings and elections to be comparable to the
25 number and accessibility of polling places for the general election.
26 Such plan may call for establishment or modification of election
27 districts or the conduct of the vote in multiple locations in a school
28 district that is not divided into election districts. Each county board
29 of elections shall submit such recommendations to the district and to
30 the department by the twenty-eighth day of February, two thousand six.
31 6. No school district officer or employee, or candidate for a position
32 as a school district officer, shall be eligible for appointment or
33 designation by a county board of elections pursuant to subdivision one
34 or two of this section or to serve as an election inspector, a member of
35 a board of registration, or a poll clerk within the meaning of section
36 two thousand nineteen-a of this article, in a school district meeting or
37 election conducted for the school district in which he or she is an
38 officer or employee or a candidate for a position as a school district
39 officer.
40 7. Any costs incurred by a county board of elections carrying out the
41 requirements of this section shall be a charge upon the school district
42 for which the district meeting or election is held.
43 8. The provisions of this section shall apply to a district meeting or
44 election conducted by a school district on behalf of a school district
45 public library pursuant to subdivision ten of section two hundred sixty
46 of this chapter, but shall not apply to a meeting or election conducted
47 by the trustees of a public library or library district.
48 § 35. Paragraph b of subdivision 2 of section 2019-a of the education
49 law, as added by chapter 474 of the laws of 1977, is amended to read as
50 follows:
51 b. The board of education shall designate [itself or such of its
52 employees] such qualified voters of the school district as it shall deem
53 appropriate as a set of poll clerks to cast and canvass such ballots,
54 and fix a time and place for their meeting for such purposes, provided
55 that such meeting shall be no more than ten days after any election at
56 which such ballots are voted. The board may designate additional sets of
S. 991 56 A. 1921
1 poll clerks and if it designates more than one such set, shall apportion
2 among all such sets the election districts from which such ballots have
3 been received, provided that all such ballots from a single election
4 district shall be assigned to a single set of clerks. Each such set of
5 clerks shall be deemed a central board of inspectors for purposes of
6 this section.
7 § 36. Subdivisions 1 and 2 of section 2025 of the education law, as
8 added by chapter 447 of the laws of 1971, are amended to read as
9 follows:
10 1. District meetings in common school districts shall be called to
11 order by the trustee or the [chairman] chairperson of the board of trus-
12 tees or by a person chosen by the trustee or trustees. [The] For
13 district meetings and elections held prior to the second Tuesday in May,
14 two thousand six, the qualified voters present and voting shall nominate
15 and elect a qualified voter of the district as permanent [chairman]
16 chairperson. For district meetings and elections held on or after the
17 second Tuesday in May, two thousand six, the county board of elections
18 shall appoint or designate a person to serve as permanent chairperson.
19 2. In district meetings and elections held prior to the second Tuesday
20 in May, two thousand six, union free and central school districts the
21 board of education shall appoint a qualified voter of the district as
22 permanent [chairman] chairperson of each meeting or election to call
23 such meeting or election to order. In district meetings and elections
24 held in union free or central school districts on or after the second
25 Tuesday in May, two thousand six, the county board of elections shall
26 appoint or designate a person to serve as permanent chairperson. When
27 hours have been set for voting in the notice of meeting or election, the
28 [chairman] chairperson shall declare the polls open and closed at the
29 appropriate time. No motions shall be in order during the hours speci-
30 fied in the notice for voting. In districts divided into election
31 districts, the chief election inspector in each district shall declare
32 the polls open and closed at the appropriate time.
33 § 37. Subdivision 2 of section 2601-a of the education law, as amended
34 by section 28 of part A of chapter 436 of the laws of 1997, is amended
35 to read as follows:
36 2. The board of education shall conduct all annual and special school
37 district meetings for the purpose of adopting a school district budget
38 in the same manner as a union free school district in accordance with
39 the provisions of article forty-one of this [chapter] title, except as
40 otherwise provided by this section. The annual meeting and election of
41 each such city school district shall be held on the third Tuesday of May
42 in each year, provided, however that such annual meeting and election
43 shall be held on the second Tuesday in May if the commissioner at the
44 request of a local school board certifies no later than March first that
45 such election would conflict with religious observances, and any school
46 budget revote shall be held on the date specified in subdivision three
47 of section two thousand seven of this title. The provisions of this
48 article, and where applicable subdivisions nine and nine-a of section
49 twenty-five hundred two of this [chapter]title, governing the qualifica-
50 tion and registration of voters, and procedures for the nomination and
51 election of members of the board of education shall continue to apply,
52 and shall govern the qualification and registration of voters and voting
53 procedures with respect to the adoption of a school district budget.
54 § 38. Subdivision 3 of section 2602 of the education law, as amended
55 by chapter 171 of the laws of 1996, is amended to read as follows:
S. 991 57 A. 1921
1 3. Notwithstanding any provisions of article forty-one of this [chap-
2 ter] title to the contrary, the polls of such annual and special
3 district meetings held prior to the second Tuesday in May, two thousand
4 six shall be open during such consecutive hours, not less than nine,
5 beginning not earlier than seven o'clock in the forenoon, and two of
6 which hours shall be after six o'clock in the evening, as the board of
7 education shall by resolution determine. Polls of such annual and
8 special district meetings held on or after the second Tuesday in May,
9 two thousand six shall be open from six o'clock in the morning until
10 nine o'clock in the evening.
11 § 39. Subdivision 8 of section 1526 of the education law, as amended
12 by chapter 131 of the laws of 1956, is amended to read as follows:
13 8. The election shall take place during [at least four consecutive
14 hours between the hours of seven o'clock in the forenoon and ten o'clock
15 in the evening, as determined by the commissioner of education] the
16 hours from six o'clock in the morning until nine o'clock in the evening.
17 § 40. Paragraph c of subdivision 2 of section 1803-a of the education
18 law, as amended by chapter 82 of the laws of 1954, is amended to read as
19 follows:
20 c. The election shall take place during [at least four consecutive
21 hours between the hours of seven o'clock in the forenoon and ten o'clock
22 in the evening, as determined by the commissioner of education] the
23 hours from six o'clock in the morning until nine o'clock in the evening.
24 § 41. Section 2799-tt of the public authorities law, as renumbered by
25 chapter 297 of the laws of 2001, is renumbered section 2799-uu and a new
26 section 2799-tt is added to read as follows:
27 § 2799-tt. Additional bonds for an emergency school capital plan.
28 Notwithstanding any provision of this title or any other law to the
29 contrary, the authority is hereby authorized to issue bonds, notes or
30 other obligations in addition to those authorized by section twenty-sev-
31 en hundred ninety-nine-gg or section twenty-seven hundred ninety-nine-ss
32 of this title in an amount outstanding of up to two billion eight
33 hundred million dollars to pay all costs in the city's budget (whether
34 or not included or includable in the city's capital plan) which are, in
35 the judgment of the mayor, related to or arising from the distressed
36 needs pertaining to the educational facilities of the New York city
37 department of education. In addition to or in lieu of any revenues or
38 notes or other money that may be paid or payable to the authority, such
39 bonds, notes or other obligations may be secured by and payable from the
40 proceeds of other bonds, notes or other obligations of the authority or
41 federal aid related to or arising from a determination that such city
42 educational facilities are in a distressed state. In addition, the
43 authority may issue bonds, notes or other obligations without limita-
44 tions as to amount, secured solely by and payable solely from such
45 federal aid. The city, acting through the mayor, is hereby authorized to
46 assign the right to receive any such federal aid to the authority and,
47 after such assignment, the right to receive such aid shall be the prop-
48 erty of the authority. Bonds issued pursuant to this section shall have
49 a maximum maturity of up to thirty years.
50 § 42. Section 3601 of the education law, as amended by section 7 of
51 part C of chapter 57 of the laws of 2004, is amended to read as follows:
52 § 3601. When apportioned and how applied. 1. The amount annually
53 appropriated by the legislature for general support for public schools,
54 net of disallowances, refunds, reimbursements and credits, shall be
55 apportioned by the commissioner each year prior to the dates of the
56 respective final payments provided by law and all moneys so apportioned
S. 991 58 A. 1921
1 shall be applied exclusively to school purposes authorized by law.
2 General state aid claims, on forms prescribed by the commissioner, shall
3 be submitted to the commissioner by September second of each school
4 year, except that the audit report required by subdivision three of
5 section twenty-one hundred sixteen-a of this chapter shall be submitted
6 to the commissioner by October first following the close of the school
7 year audited for all districts other than the city school districts of
8 the cities of Buffalo, Rochester, Syracuse, Yonkers and New York and by
9 January first following the close of the school year audited for such
10 city school districts. No aid shall be paid to a school district or
11 board of cooperative educational services prior to the submission of
12 claims as required by the commissioner, except that no aid certified as
13 payable to a school district by the state board of real property
14 services pursuant to paragraph c of subdivision three of section thir-
15 teen hundred six-a of the real property tax law shall be withheld due to
16 the failure of the school district to submit general state aid claims
17 required by the commissioner, and except that no aids shall be withheld
18 due to the failure of a school district to submit the audit report
19 required by subdivision three of section twenty-one hundred sixteen-a of
20 this chapter until the thirtieth day following the due date specified in
21 this section for such report.
22 2. The amount annually appropriated by the legislature for general
23 support for public schools, net of disallowances, refunds, reimburse-
24 ments, and credits, for the two thousand nine--two thousand ten school
25 year shall not be less than nineteen billion eight hundred forty million
26 dollars, subject to an appropriation therefor. Of that amount, an amount
27 not less than two billion dollars shall be used in support of sound
28 basic education aid. Of the amount apportioned for sound basic education
29 aid, approximately sixty percent shall be provided to a city school
30 district with a population of one million or more.
31 3. For the two thousand five--two thousand six school year and there-
32 after, any school district located in a city with a population of one
33 million or more shall document to the commissioner, in such form as the
34 commissioner shall require, that it has incurred additional expendi-
35 tures, compared to the amount expended in the two thousand four--two
36 thousand five school year, funded by city funds so that incremental
37 increase in general support for public schools provided to such city
38 pursuant to subdivision two of this section, shall equal sixty percent
39 of the combined state and city total increased amount, with the city
40 obligated to provide the remaining forty percent in city funds.
41 § 43. This act shall take effect immediately and shall be deemed to
42 have been in full force and effect on and after April 1, 2005.
43 PART G
44 Section 1. Subdivision 11 of section 407-a of the education law, as
45 added by chapter 737 of the laws of 1988, is amended to read as follows:
46 11. Any contract undertaken or financed by the dormitory authority for
47 any construction, reconstruction, rehabilitation or improvement for any
48 special act school district shall comply with the provisions of
49 [sections one hundred one and] section one hundred three of the general
50 municipal law.
51 § 2. Subdivision 1 of section 408 of the education law, as amended by
52 chapter 414 of the laws of 1972 and the opening paragraph as amended by
53 chapter 315 of the laws of 1990, is amended to read as follows:
S. 991 59 A. 1921
1 1. No schoolhouse shall hereafter be erected, purchased, repaired,
2 enlarged or remodeled nor shall the advertisement for bids for the
3 execution of the plans and specifications for such schoolhouses be
4 placed, in any school district except in a city school district in a
5 city having seventy thousand inhabitants or more, at an expense which
6 shall exceed one hundred thousand dollars, until the plans and specifi-
7 cations shall have been submitted to the commissioner [of education] and
8 his approval endorsed thereon. Such plans and specifications shall show
9 in detail the ventilation, heating and lighting of such buildings.
10 In the case of a school district in a city having seventy thousand
11 inhabitants or more, all the provisions previously set forth in this
12 subdivision shall apply, except that the commissioner may waive the
13 requirement for submission of plans and specifications and substitute
14 therefor the requirement for submission of an outline of such plans and
15 specifications for his review. Such outline shall be in a form which he
16 may prescribe from time to time.
17 In either case, the commissioner may, in his discretion, review plans
18 and specifications for projects estimated at an expense of less than one
19 hundred thousand dollars.
20 In the case of a school district in a city having a million inhabit-
21 ants or more, all of the provisions previously set forth in this subdi-
22 vision shall apply, except that such school district shall only be
23 required to submit the five-year capital plan with annual amendments, an
24 outline of the plans and specifications for reconstruction projects and
25 schematic plans and specifications for new buildings and additions to
26 the commissioner [of education] for his information where a schoolhouse
27 is to be erected in conjunction with the development of a project to be
28 developed under the provisions of article two or five of the private
29 housing finance law and where both the school and the project are to
30 have rights or interests in the same land, regardless of the similarity
31 or equality thereof, including fee interests, easements, space rights or
32 other rights or interests. The commissioner shall review the capital
33 plan required pursuant to section twenty-five hundred ninety-p of this
34 chapter and plans and specifications of any project for (a) the
35 construction or acquisition of a new school building, (b) the
36 construction of an addition to a school building, or (c) where the
37 approved project costs are five million dollars or more, the recon-
38 struction, rehabilitation or improvement of a school building. Such
39 review shall be for the purpose of monitoring progress of the capital
40 plan, ensuring that building needs addressed in the building condition
41 survey have been addressed, and advising the school district on the aid
42 applicable to the proposed projects.
43 § 3. Subdivisions 1 and 2 of section 458 of the education law are
44 REPEALED.
45 § 4. Subdivision 3 of section 458 of the education law, as amended by
46 section 1 of part C of chapter 57 of the laws of 2004, is amended to
47 read as follows:
48 [3. a.] 1. In addition to other bond or bonds, if any, required by law
49 for the completion of the school portion of a combined occupancy struc-
50 ture, or in the absence of any such requirement, the fund shall never-
51 theless require, prior to the approval of any lease or other agreement
52 providing for the construction, reconstruction, rehabilitation or
53 improvement of any combined occupancy structure, that the developer, if
54 other than the New York city housing authority, or general contractor,
55 furnish a bond guaranteeing prompt payment of moneys due to all persons
56 furnishing labor or materials to or for the person furnishing said bond
S. 991 60 A. 1921
1 or to his subcontractors in the prosecution of the entire work provided
2 for in such lease or other agreement. Whenever the developer is the New
3 York city housing authority, it shall require each of its contractors to
4 furnish such bonds to said authority and fund with respect to the work
5 to be performed and materials supplied by such contractor, and no sepa-
6 rate or other payment bond shall be required to be furnished to the
7 fund. In those instances where the developer or general contractor is an
8 agency of the state or a public-benefit corporation created by an act of
9 the state legislature and in instances where said developer or general
10 contractor or the guarantor of payment of the construction costs of the
11 non-school portion of the combined "occupancy structure" is a public
12 utility corporation or a bank, trust company or savings bank as defined
13 in section two of the banking law, or a national bank having its office
14 and principal place of business in this state, or a subsidiary of such a
15 bank or trust company of which at least eighty (80%) percent of whose
16 stock is owned by it, the said developer or general contractor shall
17 only be required to furnish said payment bond with respect to the school
18 portion of the combined occupancy structure. In such instances, the said
19 payment bond shall not be required by the fund with respect to the non-
20 school portion of the combined occupancy structure, but, in lieu there-
21 of, such fund shall require said agency, public benefit corporation,
22 public utility corporation or banking institution, as the case may be to
23 guarantee payment of all construction costs with respect to the non-
24 school portion of the combined occupancy structure.
25 [b.] 2. A copy of such payment bond shall be kept in the office of the
26 chairman of the fund and a copy shall also be kept in the office of the
27 board of education; such copies shall be open to public inspection.
28 [c.] 3. Every person who has furnished labor or material, to or for
29 the developer or contractor furnishing such payment bond or to his or
30 her subcontractors in the prosecution of the work provided for in the
31 lease or other agreement for which said bond is furnished and who has
32 not been paid in full therefor before the expiration of a period of
33 ninety days after the day on which the last of the labor was performed
34 or material was furnished by him or her for which the claim is made,
35 shall have the right to sue on such payment bond in his or her own name
36 for the amount, or the balance thereof, unpaid at the time of commence-
37 ment of the action; provided, however, that a person having a direct
38 contractual relationship with a subcontractor of the developer or
39 contractor furnishing the payment bond but no contractual relationship
40 express or implied with such developer or contractor shall not have a
41 right of action upon the bond unless he or she shall have given written
42 notice to such developer or contractor furnishing the bond within ninety
43 days from the date on which the last of the labor was performed or the
44 last of the material was furnished, for which his or her claim is made,
45 stating with substantial accuracy the amount claimed and the name of the
46 party to whom the material was furnished or for whom the labor was
47 performed. The notice shall be served by delivering the same personally
48 to the developer or contractor furnishing said bond or by mailing the
49 same by registered mail, postage prepaid, in an envelope addressed to
50 such developer or contractor at any place where he maintains an office
51 or conducts his or her business or at his or her residence.
52 § 5. Subdivisions 1 and 2 of section 482 of the education law are
53 REPEALED.
54 § 6. Subdivision 3 of section 482 of the education law, as amended by
55 section 3 of part C of chapter 57 of the laws of 2004, is amended to
56 read as follows:
S. 991 61 A. 1921
1 [3. a.] 1. In addition to other bond or bonds, if any, required by law
2 for the completion of the school portion of a combined occupancy struc-
3 ture, or in the absence of any such requirement, the fund shall never-
4 theless require, prior to the approval of any lease or other agreement
5 providing for the construction, reconstruction, rehabilitation or
6 improvement of any combined occupancy structure, that the developer, if
7 other than the Yonkers city housing authority, or general contractor,
8 furnish a bond guaranteeing prompt payment of moneys due to all persons
9 furnishing labor or materials to or for the person furnishing said bond
10 or to his or her subcontractors in the prosecution of the entire work
11 provided for in such lease or other agreement. Whenever the developer is
12 the Yonkers city housing authority, it shall require each of its
13 contractors to furnish such bond to said authority and fund with respect
14 to the work to be performed and materials supplied by such contractor,
15 and no separate or other payment bond shall be required to be furnished
16 to the fund.
17 [b.] 2. A copy of such payment bond shall be kept in the office of the
18 chairman of the fund and a copy shall also be kept in the office of the
19 board of education; such copies shall be open to public inspection.
20 [c.] 3. Every person who has furnished labor or material, to or for
21 the developer or general contractor or contractor furnishing such
22 payment bond or to his or her subcontractors in the prosecution of the
23 work provided for in the lease or other agreement for which the bond is
24 furnished and who has not been paid in full therefor before the expira-
25 tion of a period of ninety days after the day on which the last of the
26 labor was performed or material was furnished by him or her for which
27 the claim is made, shall have the right to sue on such payment bond in
28 his or her own name for the amount, or the balance thereof, unpaid at
29 the time of commencement of the action; provided, however, that a person
30 having a direct contractual relationship with a subcontractor of the
31 developer or contractor furnishing the payment bond but no contractual
32 relationship express or implied with such developer or contractor shall
33 not have a right of action upon the bond unless he or she shall have
34 given written notice to such developer or contractor furnishing the bond
35 within ninety days from the date on which the last of the labor was
36 performed or the last of the material was furnished, for which his or
37 her claim is made, stating with substantial accuracy the amount claimed
38 and the name of the party to whom the material was furnished or for whom
39 the labor was performed. The notice shall be served by delivering the
40 same personally to the developer or contractor furnishing said bond or
41 by mailing the same by registered mail, postage prepaid, in an envelope
42 addressed to such developer or contractor at any place where he or she
43 maintains an office or conducts his or her business or at his or her
44 residence.
45 § 7. Intentionally Omitted.
46 § 8. Intentionally Omitted.
47 § 9. Section 804-a of the education law, as added by chapter 730 of
48 the laws of 1986, is amended to read as follows:
49 § 804-a. [Comprehensive school health] Health education [demon-
50 stration] program. 1. Within the amounts appropriated, the commissioner
51 is hereby authorized to establish a [demonstration] program and to
52 distribute state funds to local school districts, boards of cooperative
53 educational services and in certain instances community school
54 districts, for the development, implementation, evaluation, validation,
55 demonstration and replication of exemplary [comprehensive] health educa-
56 tion programs to assist the public schools in developing curricula,
S. 991 62 A. 1921
1 training staff, and addressing local health education needs of students,
2 parents, and staff. These programs can include, but are not limited to,
3 instruction regarding, AIDS prevention, alcohol, drug and tobacco abuse,
4 the dangers of driving under the influence of alcohol or other drugs, or
5 the prevention and detection of cancers.
6 2. School districts or BOCES may contract with appropriate agencies or
7 organizations to participate in such program. Such program shall be
8 [limited to health education at the elementary level and shall be]
9 designed on a multi-year basis. Such program shall include but not be
10 limited to the following components:
11 a. Developer grants for [comprehensive school] health education
12 programs.
13 (i) Such grants shall include the development, implementation, and
14 evaluation of a [comprehensive] health education program including such
15 activities as:
16 (A) coordination of health instruction with other available programs
17 in the school and the community related to health education;
18 (B) provision of inservice training and materials for [elementary
19 level] school teachers in [comprehensive] health education;
20 (C) development and implementation of evaluation procedures to measure
21 students' knowledge, skills, behaviors, and attitudes prior to and after
22 project implementation; and
23 (D) development and implementation of a mechanism for project mainte-
24 nance and long-range programming.
25 (ii) Upon successful completion of the above activities and the avail-
26 ability of funds, such grant recipients will assist other local educa-
27 tional agencies with replication.
28 b. Health education regional training centers. Regional training
29 centers for the purpose of developing materials and providing training
30 programs to meet the needs of teachers statewide in the implementation
31 of [comprehensive] school health education programs [at the elementary
32 level] will be established.
33 c. Statewide advocacy for [comprehensive] health education. Develop-
34 ment and implementation of a statewide advocacy program to create an
35 awareness on the part of school administrators of the need to develop
36 strategies for implementing [comprehensive] school health education
37 programs [at the elementary level].
38 d. Replication of validated health education programs. Grants will be
39 awarded to local school districts or boards of cooperative educational
40 services for the replication of nationally or state-validated exemplary
41 health education programs.
42 § 10. Subparagraph 2 of paragraph d of subdivision 4 of section 1950
43 of the education law, as added by chapter 474 of the laws of 1996, is
44 amended to read as follows:
45 (2) Certain services prohibited. (i) Commencing with the nineteen
46 hundred ninety-seven--ninety-eight school year, the commissioner shall
47 not be authorized to approve as an aidable shared service pursuant to
48 this subdivision any cooperative maintenance services or municipal
49 services, including but not limited to, lawn mowing services and heat-
50 ing, ventilation or air conditioning repair or maintenance or trash
51 collection, or any other municipal services as defined by the commis-
52 sioner. On and after the effective date of this [paragraph]
53 subparagraph, the commissioner shall not approve, as an aidable shared
54 service, any new cooperative maintenance or municipal services for the
55 nineteen hundred ninety-six--ninety-seven school year, provided that the
S. 991 63 A. 1921
1 commissioner may approve the continuation of such services for one year
2 if provided in the nineteen hundred ninety-five--ninety-six school year.
3 (ii) Notwithstanding any other provision of law to the contrary, on
4 and after the effective date of this clause, the commissioner shall not
5 approve, as an aidable shared service pursuant to this section, the
6 non-instructional and instructional support services specified in this
7 clause, and, notwithstanding any other provision of law to the contrary,
8 the expenses incurred for such specified shared services in the two
9 thousand five--two thousand six school year and thereafter shall not be
10 eligible for aid pursuant to subdivision five of this section or as
11 authorized by subdivision eight-c of this section. The following
12 services or activities shall not be aidable shared services, but may be
13 approved by the commissioner as nonaidable shared services:
14 (A) Collective negotiations;
15 (B) Personnel services--recruiting;
16 (C) Employee assistance programs;
17 (D) Business office services, including competitive bidding coordi-
18 nation, microfilming, textbook coordination, business manager, business
19 office support, Medicaid reimbursement, computer service management,
20 telecommunications and employee benefit coordination;
21 (E) Planning services, management;
22 (F) Public information coordinator or service (public relations);
23 (G) School food services and food management;
24 (H) Extracurricular activities coordination, inter-scholastic sports
25 coordination, K-12 subject area coordination; reading development coor-
26 dination, health and drug education coordination, pupil services coordi-
27 nation, substitute teacher coordination and primary mental health
28 services coordination;
29 (I) Instructional graphics, equipment repair, printing, non-print
30 duplication, educational television, test scoring, guidance information
31 service, comprehensive instructional management, and model schools; and
32 (J) Curriculum development, school curriculum improvement, and
33 instructional planning.
34 (iii) Notwithstanding any other provision of law to the contrary, on
35 and after the effective date of this clause, the commissioner shall not
36 approve, as an aidable shared service pursuant to this section, any
37 telecommunication services, unless such services are purchased through
38 the state office of general services aggregated services contract, or
39 are benchmarked against such contract and are determined by the commis-
40 sioner to have a total cost to component school districts and the state
41 that is less than or equal to the total cost of equivalent services
42 under such state contract.
43 § 11. Paragraph b of subdivision 5 of section 1950 of the education
44 law, as amended by chapter 53 of the laws of 1990, is amended to read as
45 follows:
46 b. The cost of services herein referred to shall be the amount allo-
47 cated to each component school district by the board of cooperative
48 educational services to defray expenses of such board, except that that
49 part of the salary paid any teacher, supervisor or other employee of the
50 board of cooperative educational services which is in excess of thirty
51 thousand dollars shall not be such an approved expense, and except also
52 that administrative and clerical expenses shall not exceed ten percent
53 of the total expenses for purposes of this computation, and except that
54 for aid payable pursuant to this subdivision in the two thousand five--
55 two thousand six school year and thereafter, the cost of services in
56 excess of the cost of equivalent services or commodities under a state
S. 991 64 A. 1921
1 centralized contract, as determined by the commissioner, shall not be
2 such an approved expense. Any gifts, donations or interest earned by
3 the board of cooperative educational services or on behalf of the board
4 of cooperative educational services by the dormitory authority or any
5 other source shall not be deducted in determining the cost of services
6 allocated to each component school district. The expense of transporta-
7 tion provided by the board of cooperative educational services pursuant
8 to paragraph q of subdivision four of this section shall be eligible for
9 aid apportioned pursuant to subdivision seven of section thirty-six
10 hundred two of this chapter and no board of cooperative educational
11 services transportation expense shall be an approved cost of services
12 for the computation of aid under this subdivision. Transportation
13 expense pursuant to paragraph q of subdivision four of this section
14 shall be included in the computation of the ten percent limitation on
15 administrative and clerical expenses.
16 § 12. Paragraph f of subdivision 5 of section 1950 of the education
17 law, as amended by chapter 53 of the laws of 1981, is amended to read as
18 follows:
19 f. (i) The sum of the amounts determined for each component school
20 district as the apportionment to the board of cooperative educational
21 services pursuant to the provisions of this section shall not be less
22 than the amount which would have been apportioned during the nineteen
23 hundred sixty-seven--sixty-eight school year under the provisions of
24 this subdivision as in effect on December thirty-first, nineteen hundred
25 sixty-six to the board of cooperative educational services of which the
26 district was a component member for which such apportionment was made,
27 except that such minimum apportionment shall be reduced in any year in
28 which the expenditures of the component district for board of cooper-
29 ative educational purposes fall below the expenditure on which the nine-
30 teen hundred sixty-seven--sixty-eight apportionment to the board of
31 cooperative educational services was based, such reduction to be made on
32 a proportionate basis, and (ii) for aid payable in the two thousand
33 five--two thousand six school year, the sum of the amounts determined
34 for each component school district as the apportionment to the board of
35 cooperative educational services pursuant to the provisions of this
36 section shall not exceed the estimated amount payable pursuant to this
37 section in the base year based on data on file with the commissioner as
38 of the date upon which an electronic data file was created for the
39 purposes of compliance with paragraph b of subdivision twenty-one of
40 section three hundred five of this chapter on November fifteenth of the
41 base year.
42 § 13. Subdivision 5 of section 1950 of the education law is amended by
43 adding a new paragraph h to read as follows:
44 h. Each board of cooperative educational services receiving a payment
45 pursuant to paragraph a of this subdivision and section thirty-six
46 hundred nine-d of this chapter shall be required to set aside from such
47 payment an amount not less than the amount of state aid received pursu-
48 ant to paragraph a of this subdivision in the base year that was attrib-
49 utable to cooperative services agreements (CO-SERs) for career educa-
50 tion, as determined by the commissioner, and shall be required to use
51 such amount to support career education programs in the current year.
52 § 14. Intentionally Omitted.
53 § 15. Intentionally Omitted.
54 § 16. Clause (d) of subparagraph (i) of paragraph y of subdivision 1
55 of section 3602 of the education law, as amended by section 11 of part C
56 of chapter 57 of the laws of 2004, is amended to read as follows:
S. 991 65 A. 1921
1 (d) for aid payable in the two thousand three--two thousand four [and
2 two thousand four--two thousand five] through two thousand five--two
3 thousand six school years, the product of the aid selected pursuant to
4 clause one of subparagraph b of paragraph six of subdivision nineteen of
5 this section in the base year and ninety-five hundredths.
6 § 17. Subdivision 1 of section 3602 of the education law is amended by
7 adding a new paragraph bb to read as follows:
8 bb. "Geographic cost of education index-based cost adjustment" for the
9 purpose of this section shall mean a statewide index reflecting vari-
10 ations in teacher compensation among school districts in New York state.
11 For the purposes of this section such index shall be the amount set
12 forth for each school district as "GCEI-BASED COST ADJUSTMENT" under the
13 heading "TIER 1 FLEX AIDS" in the school aid computer listing entitled
14 "FLEX AID, INSTRUCTIONAL MATERIALS AIDS AND SOUND BASIC EDUCATION AID"
15 and produced by the commissioner in support of the executive budget
16 request for the two thousand five--two thousand six school year and
17 entitled "BT033-1".
18 § 18. The opening paragraph of subdivision 6 of section 3602 of the
19 education law, as separately amended by chapter 59 and section 7 of part
20 A2 of chapter 62 of the laws of 2003, is amended to read as follows:
21 Apportionment for capital outlays and debt service for school building
22 purposes. Any apportionment to a school district pursuant to this
23 subdivision shall be based upon base year approved expenditures for
24 capital outlays incurred prior to July first, two thousand one from its
25 general fund, capital fund or reserved funds and current year approved
26 expenditures for debt service, including debt service for refunding bond
27 issues eligible for an apportionment pursuant to paragraph g of this
28 subdivision and lease or other annual payments to the New York city
29 educational construction fund created by article ten of this chapter or
30 the city of Yonkers educational construction fund created by article
31 ten-B of this chapter which have been pledged to secure the payment of
32 bonds, notes or other obligations issued by the fund to finance the
33 construction, acquisition, reconstruction, rehabilitation or improvement
34 of the school portion of combined occupancy structures, or for lease or
35 other annual payments to the New York state urban development corpo-
36 ration created by chapter one hundred seventy-four of the laws of nine-
37 teen hundred sixty-eight, pursuant to agreement between such school
38 district and such corporation relating to the construction, acquisition,
39 reconstruction, rehabilitation or improvement of any school building, or
40 for annual payments to the dormitory authority pursuant to any lease,
41 sublease or other agreement relating to the financing, refinancing,
42 acquisition, design, construction, reconstruction, rehabilitation,
43 improvement, furnishing and equipping of, or otherwise provide for
44 school district capital facilities or school district capital equipment
45 made under the provisions of section sixteen hundred eighty of the
46 public authorities law, or for annual payments pursuant to any lease,
47 sublease or other agreement relating to the financing, refinancing,
48 acquisition, design, construction, reconstruction, rehabilitation,
49 improvement, furnishing and equipping of, or otherwise providing for
50 educational facilities of a city school district under the provisions of
51 section sixteen of chapter six hundred five of the laws of two thousand,
52 or for lease, lease-purchase or other annual payments to another school
53 district or person, partnership or corporation pursuant to an agreement
54 made under the provisions of section four hundred three-b, subdivision
55 eight of section twenty-five hundred three, or subdivision six of
56 section twenty-five hundred fifty-four of this chapter, provided that
S. 991 66 A. 1921
1 the apportionment for such lease or other annual payments under the
2 provisions of section four hundred three-b, subdivision eight of section
3 twenty-five hundred three, or subdivision six of section twenty-five
4 hundred fifty-four of this chapter, other than payments under a lease-
5 purchase agreement or an equivalent agreement, shall be based upon
6 approved expenditures in the current year. Approved expenditures for
7 capital outlays from a school district's general fund, capital fund or
8 reserved funds that are incurred on or after July first, two thousand
9 two, and are not aidable pursuant to subdivision six-f of this section,
10 shall be aidable as debt service under an assumed amortization estab-
11 lished pursuant to paragraphs e and j of this subdivision. In any such
12 case approved expenditures shall be only for new construction, recon-
13 struction, purchase of existing structures, for site purchase and
14 improvement, for new garages, for original equipment, furnishings,
15 machinery, or apparatus, and for professional fees and other costs inci-
16 dental to such construction or reconstruction, or purchase of existing
17 structures. In the case of approved expenditures for any capital
18 project that has a projected cost of five million dollars or more or a
19 projected size of thirty thousand square feet of new or additional space
20 or more, such project must first have been reviewed by an independent
21 third-party team using a value engineering process as defined by the
22 commissioner in consultation with the dormitory authority of the state
23 of New York for the purpose of optimizing the efficiency and cost effec-
24 tiveness of school construction. All recommendations from the third-par-
25 ty team for a school project shall be presented to the school district's
26 board of trustees or board of education for acceptance or rejection. If
27 the board rejects a recommendation it shall provide a statement explain-
28 ing the reasons for rejecting the recommendation and include the state-
29 ment in the application for a building permit to the department. Such
30 statements are subject to the review of the commissioner for approval
31 for aid purposes, and the commissioner may deny aid in whole or in part
32 based on such review, and the commissioner may require the district to
33 commission a second review for such purposes. The membership of such
34 third-party review team shall consist of professionals trained in value
35 engineering pursuant to criteria established by the commissioner in
36 consultation with the dormitory authority of the state of New York. Any
37 expenditures incurred by the school district for value engineering
38 services required pursuant to this paragraph shall be deemed to be inci-
39 dental costs of the capital project. In the case of a lease or lease-
40 purchase agreement entered pursuant to section four hundred three-b,
41 subdivision eight of section twenty-five hundred three or subdivision
42 six of section twenty-five hundred fifty-four of this chapter, approved
43 expenditures for the lease or other annual payments shall not include
44 the costs of heat, electricity, water or other utilities or the costs of
45 operation or maintenance of the leased facility. An apportionment shall
46 be available pursuant to this subdivision for construction, recon-
47 struction, rehabilitation or improvement in a building, or portion ther-
48 eof, being leased by a school district only if the lease is for a term
49 of at least ten years subsequent to the date of the general construction
50 contract for such construction, reconstruction, rehabilitation or
51 improvement. Each school district shall prepare a five year capital
52 facilities plan, pursuant to regulations developed by the commissioner
53 for such purpose, provided that in the case of a city school district in
54 a city having a population of one million inhabitants or more, such
55 facilities plan shall comply with the provisions of section twenty-five
56 hundred ninety-p of this chapter and this subdivision. Such plan shall
S. 991 67 A. 1921
1 include, but not be limited to, a building inventory, and estimated
2 expense of facility needs, for new construction, additions, alterations,
3 reconstruction, major repairs, energy consumption and maintenance by
4 school building, as appropriate. Such five year plan shall include a
5 priority ranking of projects and shall be amended if necessary to
6 reflect subsequent on-site evaluations of facilities conducted by state
7 supported contractors.
8 § 19. Paragraph a of subdivision 6 of section 3602 of the education
9 law, as added by chapter 57 of the laws of 1993, the opening paragraph
10 as amended by chapter 260 of the laws of 1993 and subparagraph 1, 2 and
11 3 as amended and subparagraph 4 as added by section 5 of part A of chap-
12 ter 60 of the laws of 2000, is amended to read as follows:
13 a. For capital outlays for such purposes first incurred on or after
14 July first, nineteen hundred sixty-one and debt service for such
15 purposes first incurred on or after July first, nineteen hundred sixty-
16 two, the actual approved expenditures less the amount of civil defense
17 aid received pursuant to the provisions of section thirty-five of chap-
18 ter seven hundred eighty-four of the laws of nineteen hundred fifty-one
19 as amended shall be allowed for purposes of apportionment under this
20 subdivision but not in excess of the following schedule of cost allow-
21 ances:
22 (1) [For new] (a) If (i) the date upon which the project has been
23 approved by the commissioner, or (ii) for a city school district in a
24 city having a population of one million inhabitants or more, the first
25 date upon which a general construction contract has been awarded or a
26 purchase agreement has been executed, relating to construction [and] of
27 a new structure, an addition to an existing structure or the purchase of
28 an existing [structures] structure, is prior to February first, two
29 thousand five, the cost allowances shall be based upon the rated capaci-
30 ty of the building or addition and a basic per pupil allowance of up to
31 six thousand three hundred seventy-five dollars adjusted monthly by a
32 statewide index reflecting changes in the cost of labor and materials
33 since July first, nineteen hundred ninety-two, established by the
34 commissioner of labor, modified by an annual county or multi-county
35 labor market composite wage rate, established by the commissioner of
36 labor in consultation with the commissioner, for July first of the base
37 year, commencing July first, nineteen hundred ninety-seven for general
38 construction contracts awarded on or after July first, nineteen hundred
39 ninety-eight, indexed to the median of such county or multi-county
40 rates, but not less than one. Such base allowance shall apply to a
41 building or an addition housing grades prekindergarten through six and
42 shall be adjusted for a building or an addition housing grades seven
43 through nine by a factor of one and four-tenths, for a building or an
44 addition housing grades seven through twelve by a factor of one and
45 five-tenths, for a building or addition housing special education
46 programs by a factor of two, except that where such building or addition
47 is connected to, or such space is located within, a public school facil-
48 ity housing programs for nondisabled pupils, as approved by the commis-
49 sioner, a factor of three shall be used. Rated capacity of a building or
50 an addition shall be determined by the commissioner based on space stan-
51 dards and other requirements for building construction specified by the
52 commissioner. Such assigned capacity ratings shall include, in addition
53 to those spaces used for the instruction of pupils, those spaces which
54 are used for elementary and secondary school libraries, cafeterias,
55 prekindergarten instructional rooms, teachers' conference rooms, gymna-
56 siums and auditoriums. For new construction projects to which this
S. 991 68 A. 1921
1 clause applies that were approved on or after July first, two thousand,
2 by the voters of the school district or by the board of education of a
3 city school district in a city with more than one hundred twenty-five
4 thousand inhabitants, and/or the chancellor in a city school district in
5 a city having a population of one million or more, such rated capacity
6 for new buildings and additions constructed to replace existing build-
7 ings that, in the judgment of the commissioner, have not been adequately
8 maintained and have not reached their projected useful life shall be
9 reduced by the commissioner by an amount proportional to the remaining
10 unused portion of the useful life of the existing buildings, provided
11 however that the commissioner may waive such requirement upon a finding
12 that replacement of the existing building is necessary to protect the
13 health and safety of students or staff, that reconstruction and modern-
14 ization of the existing building would not adequately address such
15 health and safety problems, and that the need to replace the building
16 was not caused by failure to adequately maintain the building. If the
17 commissioner of labor resets the statewide index reflecting changes in
18 the costs of labor and materials since July first, nineteen hundred
19 ninety-two, the commissioner shall adopt regulations to supersede the
20 basic per pupil allowance of up to six thousand three hundred seventy-
21 five dollars to the imputed allowance in effect at that time.
22 (b) If (i) the date upon which the project has been approved by the
23 commissioner, or (ii) for a city school district in a city having a
24 population of one million inhabitants or more, the first date upon which
25 a general construction contract has been awarded or a purchase agreement
26 has been executed, relating to construction of a new structure, an addi-
27 tion to an existing structure or the purchase of an existing structure,
28 is on or after February first, two thousand five, the cost allowances
29 shall be based upon the product of: (A) the building project enrollment,
30 (B) a basic per pupil space allotment as established by the commissioner
31 and approved by the director of the budget, and (C) a basic per pupil
32 allowance for such construction or purchase as established by the
33 commissioner and approved by the director of the budget. Such basic per
34 pupil allowance shall be adjusted monthly thereafter by a statewide
35 index reflecting changes in the cost of labor and materials, as derived
36 from the statewide index and as modified by the annual county or multi-
37 county labor market composite wage rate for July first of the base year,
38 both as established by the commissioner of labor pursuant to clause (a)
39 of this subparagraph.
40 (c) If (i) the date upon which the project has been approved by the
41 commissioner, or (ii) for a city school district in a city having a
42 population of one million inhabitants or more, the first date upon which
43 a general construction contract has been awarded and purchases executed,
44 relating to the reconstruction, rehabilitation or improvement of an
45 existing structure, is on or after February first, two thousand five,
46 the cost allowances shall be the lesser of: (A) one hundred per centum
47 of the cost allowances for the equivalent new construction over the
48 projected useful life of the building, to be determined in accordance
49 with the regulations of the commissioner, or (B) the product of: (I) the
50 building project enrollment, (II) the quotient of the square feet of
51 space being reconstructed, rehabilitated or improved within the school
52 building divided by the total square feet of space within such school
53 building, and (III) a basic per pupil allowance for such reconstruction,
54 rehabilitation or improvement as established by the commissioner and
55 approved by the director of the budget. Such basic per pupil allowance
56 shall be adjusted monthly thereafter by a statewide index reflecting
S. 991 69 A. 1921
1 changes in the cost of labor and materials, as derived from the state-
2 wide index and as modified by the annual county or multi-county labor
3 market composite wage rate for July first of the base year, both as
4 established by the commissioner of labor pursuant to clause (a) of this
5 subparagraph. Reconstruction projects shall reasonably meet the crite-
6 ria established for new construction, including but not limited to ener-
7 gy, fire, personal safety and space per pupil standards.
8 (2) (a) Where a school district has expenditures for site purchase,
9 grading or improvement of the site, original furnishings, equipment,
10 machinery or apparatus, or professional fees, or other incidental costs
11 relating to construction of a new structure, an addition to an existing
12 structure or the purchase of an existing structure, for which (i) the
13 date upon which the project has been approved by the commissioner, or
14 (ii) for a city school district in a city having a population of one
15 million inhabitants or more, the first date upon which a general
16 construction contract has been awarded or purchase agreement was
17 executed, is prior to February first, two thousand five, the cost allow-
18 ances [for new construction and the purchase of existing structures] may
19 be increased by the actual expenditures for such purposes but by not
20 more than the product of the applicable cost allowance established
21 pursuant to subparagraph one of this paragraph and twenty per centum for
22 school buildings or additions housing grades prekindergarten through six
23 and by not more than the product of such cost allowance and twenty-five
24 per centum for school buildings or additions housing grades seven
25 through twelve and by not more than the product of such cost allowance
26 and twenty-five per centum for school buildings or additions housing
27 special education programs as approved by the commissioner.
28 (b) Where a school district has expenditures for site purchase, grad-
29 ing or improvement of the site, original furnishings, equipment, machin-
30 ery or apparatus, or professional fees, or other incidental costs relat-
31 ing to an approved building project for which (i) the date upon which
32 the project has been approved by the commissioner, or (ii) for a city
33 school district in a city having a population of one million inhabitants
34 or more, the first date upon which a general construction contract has
35 been awarded or purchase agreement was executed, is on or after February
36 first, two thousand five; the cost allowances may be increased by the
37 actual expenditures for such purposes but by not more than the product
38 of the approved cost of construction or purchase and twenty per centum
39 for school buildings or additions housing grades prekindergarten through
40 six and by not more than the product of such approved cost and twenty-
41 five per centum for school buildings or additions housing grades seven
42 through twelve and by not more than the product of such approved cost
43 and twenty-five per centum for that portion of such school buildings or
44 additions housing special education programs conducted by a board of
45 cooperative educational services, where such board has entered into an
46 agreement to lease such facility or facilities for a period of ten years
47 or more, and where such program has been approved by the commissioner on
48 or after February first, two thousand five.
49 (3) Cost allowances for [reconstructing or modernizing structures]
50 reconstruction, rehabilitation or improvement of an existing structure
51 for which (i) the date upon which the project has been approved by the
52 commissioner, or (ii) for a city school district in a city having a
53 population of one million inhabitants or more, the first date upon which
54 a general construction contract has been awarded or purchase agreement
55 was executed, is prior to February first, two thousand five, shall not
56 exceed one hundred per centum of the cost allowances for the equivalent
S. 991 70 A. 1921
1 new construction over the projected useful life of the building, to be
2 determined in accordance with the regulations of the commissioner.
3 Reconstruction projects shall reasonably meet the criteria established
4 for new construction, including but not limited to energy, fire,
5 personal safety and space per pupil standards.
6 (4) The commissioner shall promulgate regulations prescribing the
7 methodology for establishing a multi-year cost allowance for the purpose
8 of computation of building aid to school districts and a procedure for
9 school districts to appeal the determination that a building has not
10 been adequately maintained, as required by clause (a) of subparagraph
11 one and subparagraphs [one and] three and five of this paragraph. Such
12 methodology shall include the development of a building replacement cost
13 allowance schedule for the replacement of major building systems of a
14 building over its projected useful life and the construction of new
15 buildings and additions for projects to which clause (a) of subparagraph
16 one of this paragraph applies that have been approved on or after July
17 first, two thousand by the voters of the school district or by the board
18 of education of a city school district in a city with more than one
19 hundred twenty-five thousand inhabitants, and/or the chancellor in a
20 city school district in a city having a population of one million or
21 more. For purposes of this subdivision, "major building systems" shall
22 mean the electrical, plumbing, heating, ventilation and air conditioning
23 systems, and the roof and other major structural elements of a school
24 building.
25 (5) For new construction projects for which (i) the date upon which
26 the project has been approved by the commissioner, or (ii) for a city
27 school district in a city having a population of one million inhabitants
28 or more, the first date upon which a general construction contract has
29 been awarded or purchase agreement was executed, is on or after February
30 first, two thousand five, the cost allowance for new buildings and addi-
31 tions constructed to replace existing buildings that, in the judgment of
32 the commissioner, have not been adequately maintained and have not
33 reached their projected useful life shall be reduced by the commissioner
34 by an amount proportional to the remaining unused portion of the useful
35 life of the existing buildings, provided however that the commissioner
36 may waive such requirement upon a finding that replacement of the exist-
37 ing building is necessary to protect the health and safety of students
38 or staff, that reconstruction and modernization of the existing building
39 would not adequately address such health and safety problems, and that
40 the need to replace the building was not caused by failure to adequately
41 maintain the building.
42 § 20. Paragraph b of subdivision 6 of section 3602 of the education
43 law is amended by adding a new subparagraph 3 to read as follows:
44 (3) Additional apportionment for certain school building projects.
45 (i) Eligible projects. Projects that shall be eligible for an addi-
46 tional apportionment pursuant to this subparagraph shall be a school
47 building project, other than in or for a leased facility, that is
48 approved on or after July first, two thousand five, in a school district
49 where the courts have finally determined and issued an order upon the
50 state that the students in such district are not receiving the opportu-
51 nity for a sound basic education and that additional funding for facili-
52 ties is needed to assure that such students receive such opportunity and
53 where, at the conclusion of all possible appeals, such projects are
54 deemed by the commissioner to be necessary in such school district for
55 such students to receive an opportunity for a sound basic education and
56 are:
S. 991 71 A. 1921
1 (a) approved by the voters of the school district, or
2 (b) approved by the board of education of a city school district in a
3 city with more than one hundred twenty-five thousand inhabitants, and/or
4 the chancellor of a city school district in a city having a population
5 of one million or more.
6 (ii) Eligible expenditures. Expenditures shall be eligible for an
7 additional apportionment pursuant to this subparagraph to the extent
8 that such expenditures for such eligible projects are not otherwise
9 aidable pursuant to this subdivision and such eligible expenditures
10 shall be limited to:
11 (a) extraordinary construction and incidental costs in an amount up to
12 fifteen percent of the cost allowance computed pursuant to paragraph a
13 of this subdivision, where such costs are associated with multistory
14 construction necessitated by substandard site sizes, site security
15 costs, constricted traffic flow that increases the time necessary to
16 deliver construction supplies, increased fire resistance and fire
17 suppression system costs, or
18 (b) site acquisition, environmental remediation and building demoli-
19 tion costs in excess of five percent of the approved project
20 construction costs, or
21 (c) costs of a project to renovate or repair an existing public school
22 facility for use by a charter school approved by the chancellor of the
23 city school district of New York.
24 (iii) Apportionment. The apportionment pursuant to this subparagraph
25 shall equal the product of five-tenths multiplied by such approved
26 eligible expenditures determined in accordance with the provisions of
27 clause (ii) of this subparagraph.
28 § 21. Clause (a) of subparagraph 3 of paragraph e of subdivision 6 of
29 section 3602 of the education law, as amended by section 16 of part C of
30 chapter 57 of the laws of 2004, is amended to read as follows:
31 (a) For the purposes of calculating the apportionments payable to a
32 school district other than the city school district of the city of New
33 York pursuant to this subdivision for any debt service related to
34 projects approved by the commissioner on or after the later of the first
35 day of December, two thousand one or thirty days after the date upon
36 which this subparagraph shall have become a law, or for any debt service
37 related to projects approved by the commissioner prior to such date
38 where a bond, capital note or bond anticipation note is first issued on
39 or after such date to fund such project or for lease-purchase or other
40 annual payments under a lease-purchase agreement or an equivalent agree-
41 ment entered into on or after the later of the first day of December,
42 two thousand one or thirty days after the date upon which this subpara-
43 graph shall have become a law that are eligible for aid under the open-
44 ing paragraph of this subdivision, current year approved expenditures
45 for debt service shall mean debt service or lease-purchase or other
46 annual payments under a lease-purchase agreement or an equivalent agree-
47 ment that would be incurred during the current year based on an assumed
48 amortization to be established by the commissioner pursuant to this
49 subparagraph of the approved project costs to be financed related to any
50 such approved project, for a period of:
51 (i) thirty years if the project is for the construction or acquisition
52 of a new school building,
53 (ii) twenty years if the project is for the construction of an addi-
54 tion to a school building or for the reconstruction, rehabilitation or
55 improvement of a school building for which a period of probable useful-
S. 991 72 A. 1921
1 ness of twenty or more years is assigned pursuant to the local finance
2 law, and
3 (iii) fifteen years if the project is for the reconstruction, rehabil-
4 itation or improvement of a school building for which a period of proba-
5 ble usefulness of less than twenty years is assigned pursuant to the
6 local finance law.
7 Provided, however, that, notwithstanding any provision of law to the
8 contrary, for aid payable in the two thousand three--two thousand four
9 school year, for any project which is eligible for an apportionment
10 pursuant to this subparagraph, but which did not yet have a certif-
11 ication that a general construction contract had been awarded for such
12 project by the district on file with the commissioner as of February
13 fifteenth, two thousand three, such debt service or lease-purchase or
14 other annual payments under a lease-purchase agreement or an equivalent
15 agreement that would be incurred during the current year based on an
16 assumed amortization to be established by the commissioner pursuant to
17 this subparagraph of the approved project costs to be financed shall not
18 be current year approved expenditures for debt service, but shall be
19 deemed to be debt service on new bonds and capital notes aidable in July
20 following the current year pursuant to clause (b) of subparagraph one of
21 paragraph f of this subdivision.
22 Provided, however, that, notwithstanding any provision of law to the
23 contrary, for aid payable in the two thousand four--two thousand five
24 school year, for any project which is eligible for an apportionment
25 pursuant to this subparagraph, but which did not yet have a certif-
26 ication that a general construction contract had been awarded for such
27 project by or on behalf of the district on file with the commissioner as
28 of February fifteenth of the base year, such debt service or lease-pur-
29 chase or other annual payments under a lease-purchase agreement or an
30 equivalent agreement that would be incurred during the current year
31 based on an assumed amortization to be established by the commissioner
32 pursuant to this subparagraph of the approved project costs to be
33 financed shall not be current year approved expenditures for debt
34 service, but shall be deemed to be debt service on new bonds and capital
35 notes aidable in July following the current year pursuant to clause (b)
36 of subparagraph one of paragraph f of this subdivision.
37 Provided, however, that, notwithstanding any provision of law to the
38 contrary, for aid payable in the two thousand five--two thousand six
39 school year and thereafter, for any project which is eligible for an
40 apportionment pursuant to this subparagraph, but which did not yet have
41 a certification that a general construction contract had been awarded
42 for such project by or on behalf of the district on file with the
43 commissioner as of the date upon which an electronic data file was
44 created for the purposes of compliance with paragraph b of subdivision
45 twenty-one of section three hundred five of this chapter on November
46 fifteenth of the base year, such debt service or lease-purchase or other
47 annual payments under a lease-purchase agreement or an equivalent agree-
48 ment that would be incurred during the current year based on an assumed
49 amortization to be established by the commissioner pursuant to this
50 subparagraph of the approved project costs to be financed shall not be
51 current year approved expenditures for debt service, but shall be deemed
52 to be debt service on new bonds and capital notes aidable in July
53 following the current year pursuant to clause (b) of subparagraph one of
54 paragraph f of this subdivision.
S. 991 73 A. 1921
1 § 22. Paragraph e of subdivision 7 of section 3602 of the education
2 law, as added by section 22 of part C of chapter 57 of the laws of 2004,
3 is amended to read as follows:
4 e. In determining approved transportation capital, debt service and
5 lease expense for aid payable in the two thousand five--two thousand six
6 school year and thereafter, the commissioner, after applying the
7 provisions of paragraph c of this subdivision to such expense, shall
8 establish an assumed amortization pursuant to this paragraph to deter-
9 mine the approved capital, debt service and lease expense of the school
10 district that is aidable in the current year, whether or not the school
11 district issues debt for such expenditures, subject to any deduction
12 pursuant to paragraph d of this subdivision. Such assumed amortization
13 shall be for a period of five years and shall commence twelve months
14 after the school district enters into a purchase contract, lease of the
15 school bus or equipment or a general contract for the construction,
16 reconstruction, lease or purchase of a transportation storage facility
17 or site in an amount less than ten thousand dollars; except that where
18 expenses were incurred for the purchase or lease of a school bus or
19 equipment or the construction, reconstruction, lease or purchase of a
20 transportation storage facility or site prior to July first, two thou-
21 sand five and debt service was still outstanding or the lease was still
22 in effect as of such date, the assumed amortization shall commence as of
23 July first, two thousand five and the period of the amortization shall
24 be for a period equal to five years less the number of years, rounded to
25 the nearest year, elapsed from the date upon which the school district
26 first entered into such purchase contract or general contract and July
27 first, two thousand five, as determined by the commissioner, or the
28 remaining term of the lease as of such date. Such assumed amortization
29 shall provide for equal semiannual payments of principal and interest
30 based on an assumed interest rate established by the commissioner pursu-
31 ant to this paragraph. By the first day of September of the current year
32 commencing with the [two thousand four--two thousand five] two thousand
33 five--two thousand six school year, each school district shall provide
34 to the commissioner in a format prescribed by the commissioner [a sepa-
35 rate amortization schedule] such information as the commissioner shall
36 require for all [amortized] capital debt incurred by such school
37 district during the preceding school year for expenses allowable pursu-
38 ant to subdivision two of section thirty-six hundred twenty-three-a of
39 this article. Based on such reported amortizations and a methodology
40 prescribed by the commissioner in regulations, the commissioner shall
41 compute an assumed interest rate that shall equal the average of the
42 interest rates applied to all such debt issued during the preceding
43 school year. The assumed interest rate shall be [tentatively established
44 as] the interest rate of each such school district applicable to the
45 current year for the purposes of this paragraph and shall be expressed
46 as a decimal to five places rounded to the nearest eighth of one-one
47 hundredth [except that all apportionments of aid payable during the
48 current year based on such assumed interest rate shall be recalculated
49 in the following year and adjusted as appropriate based on the appropri-
50 ate assumed interest rate then established pursuant to this paragraph].
51 § 23. Paragraph a of subdivision 12-a of section 3602 of the education
52 law, as amended by section 27 of part H of chapter 83 of the laws of
53 2002, is amended to read as follows:
54 a. School districts may make available full day kindergarten programs
55 for all children wishing to attend such programs. For school year two
56 thousand--two thousand one, school districts may make available full day
S. 991 74 A. 1921
1 kindergarten programs for children wishing to attend such programs
2 pursuant to regulations of the commissioner. For aid payable in the
3 nineteen hundred ninety-eight--ninety-nine school year and thereafter,
4 school districts which had not received an apportionment pursuant to
5 this paragraph in any prior school year, where such districts either
6 provided any half-day kindergarten programs or [school districts which]
7 had no kindergarten programs in the nineteen hundred ninety-six--nine-
8 ty-seven school year and in the base year shall be eligible for aid
9 equal to the product of the district's selected operating aid per pupil
10 multiplied by the positive difference resulting when the full day
11 kindergarten enrollment of children attending programs in the district
12 in the base year is subtracted from such enrollment in the current year.
13 For the purposes of this subdivision, selected operating aid per pupil
14 shall mean the greater of the per pupil amount calculated pursuant to
15 paragraph b or c of subdivision twelve of this section, before such
16 amounts are multiplied by the district's total aidable pupil units and
17 enrollment shall be determined in accordance with the reporting of such
18 data pursuant to paragraph n of subdivision one of this section. For aid
19 payable in the two thousand two--two thousand three school year,
20 districts which made full day kindergarten programs first available in
21 the two thousand one--two thousand two school year, but for which an
22 amount attributable to this program was not displayed on the computer
23 listing produced by the commissioner in support of the executive budget
24 request for two thousand one--two thousand two and entitled "BT032-1"
25 under the heading "FULL DAY K", would be eligible to receive an amount
26 equal to the product of the district's selected operating aid per pupil
27 calculated as if operating aid had been calculated pursuant to subdivi-
28 sion twelve of this section in the current year multiplied by the posi-
29 tive difference resulting when the full day kindergarten enrollment of
30 children attending programs in the district in the year prior to the
31 base year is subtracted from such enrollment in the base year.
32 § 24. Paragraph d of subdivision 15 of section 3602 of the education
33 law, as amended by section 29 of part C of chapter 57 of the laws of
34 2004, is amended to read as follows:
35 d. Notwithstanding any inconsistent provisions of this article, if
36 such city school district elected to receive operating aid payable in
37 the two thousand--two thousand one school year under the provisions of
38 this subdivision, approved transportation expense for public service
39 transportation for transportation aid payable in the [two thousand four-
40 -two thousand five] two thousand five--two thousand six school year
41 shall not include any expenditures to the New York City Metropolitan
42 Transportation Authority for public service transportation during the
43 [two thousand three--two thousand four] two thousand four--two thousand
44 five school year nor shall such expense be included in approved operat-
45 ing expense.
46 § 25. Paragraph a of subdivision 17 of section 3602 of the education
47 law, as amended by section 32 of part H of chapter 83 of the laws of
48 2002, is amended to read as follows:
49 a. The city school districts of those cities having populations in
50 excess of one hundred twenty-five thousand and any other school district
51 which was not a component of a board of cooperative educational services
52 in the base year shall be entitled to an apportionment under the
53 provisions of this section provided, however, that for aid payable in
54 the two thousand five--two thousand six school year, the total amount of
55 aid payable pursuant to this subdivision shall not exceed the estimated
56 amount payable pursuant to this subdivision in the base year based on
S. 991 75 A. 1921
1 data on file as of the date upon which an electronic data file was
2 created for the purposes of compliance with paragraph b of subdivision
3 twenty-one of section three hundred five of this chapter on November
4 fifteenth of the base year.
5 § 26. Paragraph b of subdivision 17 of section 3602 of the education
6 law, as amended by section 32 of part H of chapter 83 of the laws of
7 2002, is amended to read as follows:
8 b. Aid for career education. There shall be apportioned to such city
9 school districts and other school districts which were not components of
10 a board of cooperative educational services in the base year for pupils
11 in grades ten through twelve in attendance in career education programs
12 as such programs are defined by the commissioner, subject for the
13 purposes of this paragraph to the approval of the director of the budg-
14 et, an amount for each such pupil to be computed by multiplying the
15 career education aid ratio by three thousand seven hundred twenty
16 dollars. Such aid will be payable for weighted pupils attending career
17 education programs operated by the school district and for weighted
18 pupils for whom such school district contracts with boards of cooper-
19 ative educational services to attend career education programs operated
20 by a board of cooperative educational services. Weighted pupils for the
21 purposes of this paragraph shall mean the sum of the attendance of
22 students in grades ten through twelve in career education sequences in
23 trade, industrial, technical, agricultural or health programs plus the
24 product of sixteen hundredths multiplied by the attendance of students
25 in grades ten through twelve in career education sequences in business
26 and marketing as defined by the commissioner in regulations. The career
27 education aid ratio shall be computed by subtracting from one the prod-
28 uct obtained by multiplying fifty-nine percent by the combined wealth
29 ratio. This aid ratio shall be expressed as a decimal carried to three
30 places without rounding, but not less than thirty-six percent.
31 A board of education which spends less than its local funds as defined
32 by regulations of the commissioner for career education in the base year
33 during the current year shall have its apportionment under this subdivi-
34 sion reduced in an amount equal to such deficiency in the current or a
35 succeeding school year. Any school district that receives aid pursuant
36 to this paragraph shall be required to use such amount to support career
37 education programs in the current year.
38 § 27. Clause 1 of subparagraph b of paragraph 1 of subdivision 19 of
39 section 3602 of the education law, as amended by section 30 of part C of
40 chapter 57 of the laws of 2004, is amended to read as follows:
41 (1) The attendance of pupils who have been determined by a committee
42 on special education either to require placement for sixty per centum or
43 more of the school day in a special class, or to require home or hospi-
44 tal instruction for a period of more than sixty days, or to require
45 special services or programs for more than sixty per centum of the
46 school day shall be multiplied by a special services weighting. The
47 special services weighting shall be one and seven-tenths, provided,
48 however, that solely for the purposes of calculation of an apportionment
49 pursuant to this subdivision, such special services weighting shall be:
50 (i) for aid payable in the nineteen hundred ninety-nine--two thousand
51 and two thousand--two thousand one school years, one and seven-tenths;
52 (ii) for aid payable in the two thousand one--two thousand two and two
53 thousand two--two thousand three school years, one and sixty-eight
54 hundredths;
S. 991 76 A. 1921
1 (iii) for aid payable in the two thousand three--two thousand four
2 [and two thousand four--two thousand five] through two thousand five--
3 two thousand six school years, one and sixty-five hundredths;
4 § 28. Paragraphs a and b of subdivision 21 of section 3602 of the
5 education law, as amended by section 17 of part A2 of chapter 62 of the
6 laws of 2003, are amended to read as follows:
7 a. Definitions. (1) "Residential real property tax levy per pupil"
8 shall mean the quotient of the district's residential real property tax
9 levy divided by the district's total aidable pupil units for tax aid, as
10 both terms are defined in subdivision sixteen of this section.
11 (2) "Residential real property tax levy income ratio" shall mean the
12 number obtained when the quotient of the district's residential real
13 property tax levy as defined in subdivision sixteen of this section
14 divided by the district's adjusted gross income as defined in paragraph
15 k of subdivision one of this section is divided by the quotient of the
16 statewide residential real property tax levy divided by adjusted gross
17 income. Such statewide average residential real property tax levy
18 divided by adjusted gross income shall be established each year by the
19 commissioner and shall be transmitted to school districts. Such state-
20 wide average shall be rounded to the nearest ten-thousandth and shall
21 include the adjusted gross income and the residential real property tax
22 levy of all school districts eligible for aid pursuant to this section
23 except central high school districts. For the purposes of calculating
24 such statewide average the data for the city school district of the city
25 of New York shall be citywide data.
26 (3) "Tax limitation aid ratio" shall mean the difference of one minus
27 the product, carried to three decimal places without rounding, obtained
28 by multiplying fifty per centum by the combined wealth ratio, but not
29 less than zero.
30 [(3)] (4) "Total aidable pupil units for tax aid" for the purposes of
31 this subdivision shall be equal to total aidable pupil units for tax aid
32 as defined in subdivision sixteen of this section.
33 [(4)] (5) "Tax limitation aid per pupil" shall mean the product of (i)
34 the tax limitation aid ratio and (ii) for the nineteen hundred ninety-
35 nine--two thousand through two thousand four--two thousand five school
36 years, the product of four hundred seventy-four ten thousandths and the
37 residential real property tax levy per pupil, and for the two thousand
38 five--two thousand six school year and thereafter, sixty-two dollars
39 multiplied by the residential real property tax levy income ratio.
40 b. Tax limitation aid. (1) For aid payable in the nineteen hundred
41 ninety-nine--two thousand through two thousand four--two thousand five
42 school [year and thereafter] years, in addition to any other apportion-
43 ment pursuant to this chapter, a school district with (i) a pupil wealth
44 ratio, as defined in subdivision one of this section, below one and
45 one-half and (ii) a tax effort ratio, as defined in subdivision sixteen
46 of this section, greater than thirty-nine thousandths shall be eligible
47 for an apportionment under the provisions of this subdivision. Such
48 apportionment shall equal the product of the total aidable pupil units
49 for tax aid, as defined in subdivision sixteen of this section, and the
50 tax limitation aid per pupil.
51 (2) For aid payable in the two thousand five--two thousand six school
52 year and thereafter, in addition to any other apportionment pursuant to
53 this chapter, each school district which was eligible for an apportion-
54 ment pursuant to this subdivision in the two thousand four--two thousand
55 five school year shall be eligible for an apportionment equal to the
56 amount of aid apportioned pursuant to this subdivision in the two thou-
S. 991 77 A. 1921
1 sand four--two thousand five school year. In addition, a school district
2 with (i) a combined wealth ratio, as defined in subdivision one of this
3 section, less than one and one-half and (ii) a residential real property
4 tax levy income ratio greater than one hundred sixty percent shall be
5 eligible for an additional apportionment under the provisions of this
6 subdivision, equal to the product of the total aidable pupil units for
7 tax aid, as defined in subdivision sixteen of this section, and the tax
8 limitation aid per pupil.
9 § 29. Paragraph e of subdivision 24 of section 3602 of the education
10 law, as amended by section 34 of part C of chapter 57 of the laws of
11 2004, is amended to read as follows:
12 e. Employment preparation education apportionment. In addition to any
13 other aid payable under this section, the apportionment pursuant to this
14 subdivision shall be the product obtained when the employment prepara-
15 tion education hours are multiplied by the aid per contact hour which
16 shall equal the product of the employment preparation program aid ceil-
17 ing and the employment preparation education aid ratio computed to two
18 decimals, rounded, as calculated based on data on file with the commis-
19 sioner on May fifteenth of the base year. Notwithstanding the provisions
20 of section thirty-six hundred nine-a of this [article] part, the payment
21 of such apportionment shall be based upon reports required by the
22 commissioner for the periods ending December thirty-first, and June
23 thirtieth of each school year; payments for the first reporting period
24 shall be made after April first, based on claims on file by March first,
25 provided that the total of all such payments shall not exceed twenty-
26 five percent of the amount for such school year, with the approved
27 amount of such claims reduced on a pro rata basis if necessary; the
28 remainder of any payments due for the first period plus any payments due
29 for the rest of the school year shall be paid after October first, based
30 on claims on file by September fifteenth, provided that the total of
31 such payments shall not exceed the total amount of ninety-six million
32 one hundred eighty thousand dollars ($96,180,000) for such school year,
33 with the approved amount of such claims reduced on a pro rata basis if
34 necessary, provided, however, that for the nineteen hundred ninety-five-
35 -ninety-six school year such total amount shall not exceed ninety-four
36 million one hundred eighty thousand dollars ($94,180,000), and provided
37 further that for the two thousand three--two thousand four school year
38 such total amount shall not exceed eighty-four million dollars
39 ($84,000,000) and further provided that the total of such payment for
40 services provided to persons who received a high school diploma or a
41 high school equivalency diploma recognized by New York state shall not
42 exceed the total amount set aside for such purpose pursuant to paragraph
43 a-one of this subdivision in any such school year, with the approved
44 amount of such claims reduced on a pro rata basis if necessary, and
45 provided further that for the two thousand four--two thousand five
46 school year such total amount shall not exceed ninety million dollars
47 ($90,000,000) with the approved amount of such claims reduced on a pro
48 rata basis if necessary, and provided further that for the two thousand
49 five--two thousand six school year such total amount shall not exceed
50 ninety million dollars ($90,000,000) with the approved amount of such
51 claims reduced on a pro rata basis if necessary; and aid paid pursuant
52 to this paragraph shall not be included in the computation of the
53 district expenditure need as defined in such section thirty-six hundred
54 nine-a of this [article] part. The employment preparation education
55 apportionment for the city school district of the city of New York shall
56 be computed only for the city as a whole.
S. 991 78 A. 1921
1 § 30. Paragraph f of subdivision 24 of section 3602 of the education
2 law, as added by chapter 82 of the laws of 1995, is amended to read as
3 follows:
4 f. Approved plan of service and program evaluation. All school
5 districts and BOCES desiring to operate an aidable program pursuant to
6 this subdivision shall complete a comprehensive plan of service applica-
7 tion, including a budget by program component, together with an evalu-
8 ation of the effectiveness of program components offered during the most
9 recent July first through March thirtieth, if any. Such evaluation and
10 plan shall be in a form prescribed by the commissioner and shall be
11 submitted not later than forty-five days after the provisions of this
12 paragraph shall have become law, and not later than May fifteenth in
13 subsequent school years. Within forty-five days of such deadline, and
14 upon evaluation of such applications, the commissioner shall, after
15 making a determination that approval of such programs will assure maxi-
16 mum effectiveness, geographic availability and lack of duplication of
17 such programs, support for educational initiatives, and compliance with
18 required program and fiscal reporting requirements, submit a plan for
19 the allocation of funds appropriated for such purpose to the director of
20 the budget. Such plan shall include performance criteria to be used in
21 awarding funds appropriated pursuant to this section and at a minimum
22 must include measures of demonstrated success toward meeting core indi-
23 cators used to assess state performance. Upon approval of such plan by
24 the director of the budget, the commissioner shall notify school
25 districts and BOCES of those portions of such plan of service that will
26 be aidable in the school year ahead [after making a determination that
27 approval of such programs will assure maximum effectiveness, geographic
28 availability and lack of duplication of such programs, support for
29 educational initiatives, and compliance with required program and fiscal
30 reporting requirements]. No aid shall be payable pursuant to this subdi-
31 vision unless the program is approved by the commissioner.
32 § 31. Section 3602 of the education law is amended by adding a new
33 subdivision 25 to read as follows:
34 25. Flex aid. a. Computation of flex aid. (1) Notwithstanding any
35 other section of law to the contrary, for aid payable in the two thou-
36 sand five--two thousand six school year, in lieu of aids payable pursu-
37 ant to subdivisions six-d, twelve, sixteen, twenty, twenty-two, twenty-
38 three, twenty-six-a, thirty-two, thirty-eight and thirty-nine of this
39 section, each school district shall be entitled to receive an amount
40 equal to the sum of its tier one flex aid, which shall be an amount
41 equal to the sum of the aids paid pursuant to paragraph e of subdivision
42 twelve and subdivisions six-d, twelve-b, twenty-two, thirty-two and
43 thirty-nine of this section in the base year, and its tier two flex aid,
44 which shall be an amount equal to the product of the total aidable pupil
45 units for flex aid selected pursuant to subparagraph five of paragraph b
46 of this subdivision multiplied by the sum of (i) six dollars and (ii)
47 fifty-five dollars multiplied by the geographic cost of education
48 index-based cost adjustment defined pursuant to paragraph bb of subdivi-
49 sion one of this section, multiplied by the flex aid ratio, provided,
50 however, that no district shall receive an amount greater than the prod-
51 uct of its tier one flex aid and the sum of one plus the greater of the
52 quotient of twenty-five thousandths (0.025) divided by the flex combined
53 wealth ratio and five thousandths (0.005), and provided further that no
54 district shall receive an amount less than the product of its tier one
55 flex aid and one and five thousandths (1.005).
S. 991 79 A. 1921
1 (2) In addition, any district with a flex combined wealth ratio of
2 less than one and two-tenths and a percent of eligible applicants for
3 the free and reduced price lunch program, as computed pursuant to para-
4 graph p of subdivision one of this section, of more than fifty percent
5 shall be eligible for an additional apportionment in an amount equal to
6 the product of (i) nine dollars multiplied by (ii) the quotient,
7 computed to four decimals without rounding of the percent of the
8 district's eligible applicants for the free and reduced price lunch
9 program divided by fifty percent multiplied by (iii) the tier three flex
10 aid ratio multiplied by (iv) the public school district enrollment for
11 the base year.
12 (3) Performance improvement incentive award. (i) For the two thousand
13 six--two thousand seven school year and thereafter, a school district
14 shall be eligible for an apportionment to recognize and reward improved
15 student performance. The performance improvement standard used to iden-
16 tify such districts shall use the results of the fourth and eighth grade
17 English language arts and mathematics tests, the performance of a cohort
18 of secondary-level students on the Regents English and mathematics exam-
19 inations and, for the two thousand six--two thousand seven school year
20 and thereafter, shall include the cohort graduation rate for the
21 district, where applicable. The performance standard shall be based on a
22 year-to-year comparison of the difference between current year and base
23 year two-year rolling averages of the mean scale scores for each test
24 conducted in such district and, where applicable, on the percentage
25 change from the base year to the current year in the cohort graduation
26 rate. In order to be recognized as a district demonstrating improvement
27 in student performance, the district must have:
28 (A) tested more than twenty students in each of the tests applicable
29 for the grades in such district for each of the three years used in
30 calculating the performance standard,
31 (B) demonstrated an increase in the two-year average mean scale scores
32 for each test conducted in such district, and
33 (C) for the two thousand six--two thousand seven school year and ther-
34 eafter, demonstrated an improvement in the year-to-year change in the
35 cohort graduation rate, where applicable.
36 (ii) For eligible districts, the performance improvement incentive
37 award may be awarded, within amounts appropriated therefor, on the basis
38 of an allocation plan developed by the commissioner, with the approval
39 of the director of the budget, which shall take into account consider-
40 ations including but not limited to the degree to which student perform-
41 ance within the district has improved and the number of students served
42 by the district.
43 b. Computation of pupil units for flex aid. (1) Computation of total
44 wealth pupil units for flex aid. For the two thousand five--two thousand
45 six school year, total wealth pupil units for flex aid will be computed
46 using the adjusted average daily attendance for the year prior to the
47 base year as computed in this section, plus the attendance of resident
48 pupils attending public school elsewhere, less the attendance of nonres-
49 ident pupils plus the attendance of resident pupils attending full-time
50 in board of cooperative educational services (not otherwise specifically
51 included), plus the sum of:
52 (i) the resident weighted pupils with handicapping conditions,
53 (ii) the product of: (A) twenty-five percent and (B) the adjusted
54 average daily attendance of resident pupils in grades seven through
55 twelve for the year prior to the base year, excluding attendance of
56 pupils who receive a weighting for handicapping conditions except for
S. 991 80 A. 1921
1 those pupils, if any, for whom a weighting of thirteen-hundredths is
2 provided in clause four of subparagraph b of paragraph one of subdivi-
3 sion nineteen of this section,
4 (iii) the product of thirty-three percent and the limited English
5 proficient count computed pursuant to paragraph o of subdivision one of
6 this section,
7 (iv) the product of thirty-three percent and the lunch count computed
8 pursuant to paragraph q of subdivision one of this section, and
9 (v) the product of thirty-three percent and the sparsity count
10 computed pursuant to paragraph r of subdivision one of this section.
11 The attendance of nonresident pupils attending public school in the
12 district and resident pupils attending such schools outside of the
13 district shall be determined by applying to the number of such pupils
14 registered during the school year in each case the ratio of aggregate
15 days attendance to the possible aggregate days attendance of all pupils
16 in attendance in the district. Native American pupils of a reservation
17 attending public school, or pupils living on the United States military
18 reservation at West Point attending public school, shall be deemed to be
19 resident pupils of the district providing such school, for purposes of
20 this paragraph. Where a school district has entered into a contract
21 with state university pursuant to subdivision two of section three
22 hundred fifty-five of this chapter under which the school district makes
23 payment in the nature of tuition for the education of certain children
24 residing in the district, such children for whom such tuition payments
25 are made shall be deemed to be resident pupils of such district for the
26 purposes of this paragraph.
27 (2) In determining the total wealth pupil units for flex aid of a
28 component school district of a central high school district for comput-
29 ing aid ratio the total wealth pupil units for flex aid of high school
30 pupils residing in such component district and attending the central
31 high school shall be included. The total wealth pupil units for flex aid
32 of a central high school district itself shall be the sum of the total
33 wealth pupil units for flex aid of each component school district.
34 (3) Notwithstanding the foregoing provisions of this subdivision, when
35 a school district shall experience an increase in total wealth pupil
36 units for flex aid during the current year because of the closing in
37 whole, or in part, of a nonpublic school or a campus school, or a school
38 previously operated by the United States government on the United States
39 military reservation at West Point, the commissioner, in computing any
40 aid ratio of such district, shall permit the use of such additional
41 total wealth pupil units for flex aid during the current year, provided
42 that such additional total wealth pupil units for flex aid attributable
43 to such closing, or part thereof, shall be in excess of one hundred
44 students; provided, however, that such district which qualifies for an
45 increase in resident weighted average daily attendance pursuant to para-
46 graph f of subdivision two of this section, shall use the increase in
47 total wealth pupil units for flex aid, even if such increase in total
48 wealth pupil units for flex aid is less than one hundred.
49 (4) Computation of total aidable pupil units for flex aid. For the two
50 thousand five--two thousand six school year, total aidable pupil units
51 for flex aid shall be the sum of the district's adjusted average daily
52 attendance computed pursuant to this section plus the sum of (i) the
53 attendance of summer session pupils multiplied by twelve per centum,
54 (ii) the product of: (A) twenty-five percent, (B) the adjusted average
55 daily attendance in grades seven through twelve for the year prior to
56 the base year, excluding attendance of pupils who receive a weighting
S. 991 81 A. 1921
1 for handicapping conditions except for those pupils, if any, for whom a
2 weighting of thirteen-hundredths is provided in clause four of subpara-
3 graph b of paragraph one of subdivision nineteen of this section, and
4 (C) the enrollment index computed pursuant to this section for the base
5 year, (iii) the product of thirty-three percent and the limited English
6 proficient count computed pursuant to paragraph o of subdivision one of
7 this section, (iv) the product of thirty-three percent and the lunch
8 count computed pursuant to paragraph q of subdivision one of this
9 section, and (v) the product of thirty-three percent and the sparsity
10 count computed pursuant to paragraph r of subdivision one of this
11 section.
12 (5) In such computation school districts may, with the commissioner's
13 approval, exclude attendance for those days on which school attendance
14 was adversely affected because of an epidemic or because of a religious
15 holiday as provided in paragraph b of subdivision two of this section.
16 For the purposes of computing flex aid a district may use either total
17 aidable pupil units for flex aid for the current aid year or the average
18 of total aidable pupil units for flex aid for the current aid year and
19 the prior aid year, using current aid year definitions for both years.
20 c. Computation of flex aid ratios. (1) "Property wealth ratio" shall
21 mean the number computed to four decimals without rounding obtained when
22 actual valuation of a school district divided by the total wealth pupil
23 units for flex aid is divided by the statewide average actual valuation
24 per total wealth pupil unit for flex aid as computed by the commissioner
25 in accordance with the provisions of this section. Such statewide aver-
26 age actual valuation per total wealth pupil unit shall be established by
27 the commissioner using the latest single year actual valuation computed
28 under this paragraph. Such statewide average shall be rounded to the
29 nearest hundred and shall include the actual valuation and total wealth
30 pupil units for flex aid of all school districts eligible for aid pursu-
31 ant to this section except central high school districts. For the
32 purposes of calculating such statewide average the data for the city
33 school district of the city of New York shall be citywide data.
34 (2) "Income wealth ratio" shall mean the number computed to four deci-
35 mals without rounding obtained when the adjusted gross income of a
36 school district for the calendar year two years prior to the calendar
37 year in which the base year began divided by the total wealth pupil
38 units for flex aid of such district is divided by the statewide adjusted
39 gross income per total wealth pupil unit for flex aid. Such statewide
40 average gross income per pupil shall be established by the commissioner.
41 For the purposes of this paragraph, the income data shall be computed in
42 accordance with the provisions of subparagraph two of paragraph k of
43 subdivision one of this section. Such statewide average shall be rounded
44 to the nearest hundred and shall include the adjusted gross income and
45 total wealth pupil units for flex aid of all school districts eligible
46 for aid pursuant to this section except central high school districts.
47 For the purposes of calculating such statewide average the data for the
48 city school district of the city of New York shall be citywide data. The
49 adjusted gross income of a central high school district shall equal the
50 sum of the adjusted gross income of each of its component school
51 districts.
52 (3) "Flex combined wealth ratio" shall mean the number computed to
53 four decimals without rounding obtained when fifty percent of the prop-
54 erty wealth ratio is added to fifty percent of the income wealth ratio.
55 (4) "Flex aid ratio" shall mean the number computed to four decimals
56 without rounding obtained by subtracting from one hundred thirty-seven
S. 991 82 A. 1921
1 percent the product obtained by multiplying one hundred ten percent by
2 the flex combined wealth ratio, provided, however, that such flex aid
3 ratio shall not exceed ninety percent and shall not be less than five
4 percent.
5 (5) "Tier three flex aid ratio" shall mean the number computed to four
6 decimals without rounding obtained by subtracting from one the product
7 obtained by multiplying sixty-four percent by the flex combined wealth
8 ratio, provided, however, that such tier three flex aid ratio shall not
9 be less than ten percent.
10 § 32. Section 3602 of the education law is amended by adding a new
11 subdivision 27 to read as follows:
12 27. Sound basic education aid. In addition to any other apportionment
13 payable pursuant to this section, a school district shall be eligible to
14 receive aid for conducting programs to provide pupils with a sound basic
15 education, pursuant to a sound basic education plan developed and
16 approved by the commissioner pursuant to the provisions of paragraph c
17 of this subdivision. Such aid shall equal the sum of the apportionments
18 for English language learners aid and economically disadvantaged student
19 aid pursuant to this subdivision, provided however, that no eligible
20 district will receive an amount less than twenty-five thousand dollars.
21 a. English language learners aid shall equal the product of the
22 weighted limited English proficient pupils multiplied by the English
23 language learners aid per pupil. Weighted limited English proficient
24 pupils shall mean the product of the limited English proficient count
25 computed pursuant to subdivision one of this section, multiplied by
26 twenty percent. English language learners aid per pupil shall be the
27 product of the cost-adjusted English language learners aid ceiling
28 multiplied by the sound basic education aid ratio. The cost-adjusted
29 English language learners aid ceiling shall equal the product of seven
30 hundred fifteen dollars multiplied by the geographic cost of education
31 index-based cost adjustment computed pursuant to subdivision one of this
32 section. The sound basic education aid ratio shall be the positive
33 difference of one less the product of the combined wealth ratio defined
34 in subdivision one of this section multiplied by forty percent,
35 provided, however, that in no event shall such sound basic education aid
36 ratio be less than five percent.
37 b. Economically disadvantaged student aid shall equal the sum of
38 economically disadvantaged pupil aid and sparsity aid.
39 (i) Economically disadvantaged pupil aid shall equal the product of
40 the weighted lunch count multiplied by the economically disadvantaged
41 aid per pupil. The weighted lunch count shall equal the product of the
42 lunch count computed pursuant to subdivision one of this section multi-
43 plied by thirty-five percent. The economically disadvantaged aid per
44 pupil shall equal the product of the cost-adjusted economically disad-
45 vantaged pupil aid ceiling multiplied by the sound basic education aid
46 ratio. The cost-adjusted economically disadvantaged pupil aid ceiling
47 shall equal the product of (1) the sum of seven hundred fifteen dollars
48 plus, for districts with an enrollment per square mile, as computed
49 pursuant to subdivision one of this section, of more than twelve hundred
50 sixty dollars multiplied by (2) the geographic cost of education index-
51 based cost adjustment.
52 (ii) Sparsity aid shall equal the product of the weighted lunch count
53 multiplied by the cost-adjusted sparsity aid per pupil multiplied by the
54 sound basic education sparsity index. The cost-adjusted sparsity aid
55 per pupil shall equal the product of ninety-five dollars multiplied by
56 the geographic cost of education index-based cost adjustment. The sound
S. 991 83 A. 1921
1 basic education sparsity index shall equal the quotient of (1) the posi-
2 tive difference of twenty-five less the enrollment per square mile
3 divided by (2) fifty-eight, but not less than zero.
4 § 33. Paragraph g of subdivision 31-a of section 3602 of the education
5 law, as amended by section 35 of part C of chapter 57 of the laws of
6 2004, is amended to read as follows:
7 g. Notwithstanding any inconsistent provisions of this subdivision, in
8 a school year in which the maximum increase in the aids subject to tran-
9 sition pursuant to subdivision eighteen of this section is equal to zero
10 and for aid payable in the nineteen hundred ninety-six--ninety-seven
11 school year, the number of years on save harmless shall not increase and
12 aid payable in the current year shall equal aid payable in the base
13 year. Notwithstanding the provisions of this section or of section thir-
14 ty-four of part B of chapter one hundred forty-nine of the laws of two
15 thousand one, for aid payable during the [two thousand four--two thou-
16 sand five] two thousand five--two thousand six school year, aid payable
17 pursuant to this section shall equal that payable pursuant to this
18 section in the base year.
19 § 34. Subparagraph 2 of paragraph b of subdivision 36 of section 3602
20 of the education law, as amended by section 36 of part C of chapter 57
21 of the laws of 2004, is amended to read as follows:
22 (2) "Increase in aid" shall mean the positive remainder resulting when
23 the comprehensive operating aids base is subtracted from the current
24 year aid for limiting as defined in subparagraph one of paragraph a of
25 subdivision eighteen of this section, provided, however, that for the
26 purposes of calculating an apportionment pursuant to this subdivision
27 for the two thousand three--two thousand four and two thousand four--two
28 thousand five school years, "increase in aid" shall mean the positive
29 remainder resulting when an amount equal to the districts' comprehensive
30 operating aids base as if such comprehensive operating aids base had
31 been calculated for such year pursuant to paragraph j of subdivision one
32 of this section is subtracted from the current year aid for limiting as
33 defined in subparagraph one of paragraph a of subdivision eighteen of
34 this section, and further provided that, notwithstanding any provisions
35 of law to the contrary, for aid payable in the two thousand five--two
36 thousand six school year, each school district otherwise eligible for an
37 apportionment pursuant to this subdivision shall be entitled to receive
38 an amount equal to the amount that the district would have received
39 pursuant to such subdivision if it operated a voluntary interdistrict
40 transfer program in the two thousand--two thousand one school year.
41 § 35. Paragraph 1 of subdivision 37 of section 3602 of the education
42 law, as amended by section 37 of part C of chapter 57 of the laws of
43 2004, is amended to read as follows:
44 1. Notwithstanding the provisions of paragraphs c, f and g of this
45 subdivision, in the two thousand two--two thousand three through the
46 [two thousand four--two thousand five] two thousand five--two thousand
47 six school years, each school district shall be eligible to receive the
48 amount such district was eligible for pursuant to this section in the
49 two thousand--two thousand one school year.
50 § 36. Subdivision 17 of section 3602-e of the education law, as
51 amended by section 39 of part C of chapter 57 of the laws of 2004, is
52 amended to read as follows:
53 17. Notwithstanding the provisions of this section, for aid payable in
54 the two thousand two--two thousand three through the [two thousand four-
55 -two thousand five] two thousand five--two thousand six school years,
56 each school district shall be eligible to receive a grant award in an
S. 991 84 A. 1921
1 amount not to exceed the maximum prekindergarten grant award which shall
2 be the sum of (i) the amount set forth for such school district for the
3 two thousand one--two thousand two school year on the computer listing
4 produced by the commissioner in support of the executive budget request
5 for such year and entitled "BT032-1" under the heading, "PREKINDERGAR-
6 TEN", plus (ii) for those districts that were eligible to receive a
7 supplemental grant award for the purposes of this section pursuant to
8 part B of chapter [149] one hundred forty-nine of the laws of [2001] two
9 thousand one, an amount equal to the positive difference between the
10 amount the school district was eligible to receive based on data on file
11 with the commissioner on February fifteenth, two thousand and the amount
12 set forth for the purposes of grants pursuant to this section for such
13 school district for the two thousand one--two thousand two school year
14 in such computer listing entitled "BT032-1". Provided, however, that a
15 school district receiving aid under this section shall be required to
16 comply with all district plans and other requirements under this section
17 for the receipt of funds.
18 § 37. Paragraph a of subdivision 5 of section 3604 of the education
19 law, as amended by chapter 474 of the laws of 1996, is amended to read
20 as follows:
21 a. State aid adjustments. All errors or omissions in the apportionment
22 shall be corrected by the commissioner. Whenever a school district has
23 been apportioned less money than that to which it is entitled, the
24 commissioner may allot to such district the balance to which it is enti-
25 tled. Whenever a school district has been apportioned more money than
26 that to which it is entitled, the commissioner may, by an order, direct
27 such moneys to be paid back to the state to be credited to the general
28 fund local assistance account for state aid to the schools, or may
29 deduct such amount from the next apportionment to be made to said
30 district. The commissioner shall certify no payment to a school district
31 based on a claim submitted later than three years after the close of the
32 school year in which such payment was first to be made. For claims for
33 which payment is first to be made in the nineteen hundred ninety-six--
34 ninety-seven school year, the commissioner shall certify no payment to a
35 school district based on a claim submitted later than two years after
36 the close of such school year. For claims for which payment is first to
37 be made in the nineteen hundred ninety-seven--ninety-eight school year
38 and thereafter, the commissioner shall certify no payment to a school
39 district based on a claim submitted later than one year after the close
40 of such school year. For claims for which payment is first to be made
41 in the two thousand five--two thousand six school year, notwithstanding
42 any other provision of law to the contrary, apportionments shall not
43 exceed the amounts computed with data on file for the school aid comput-
44 er listing produced by the commissioner in support of the executive
45 budget request for the two thousand five--two thousand six school year
46 and entitled "BT033-1". Provided, however, no payments shall be barred
47 or reduced where such payment is required as a result of a final audit
48 of the state. It is further provided that, until June thirtieth, nine-
49 teen hundred ninety-six, the commissioner may grant a waiver from the
50 provisions of this section for any school district if it is in the best
51 educational interests of the district pursuant to guidelines developed
52 by the commissioner and approved by the director of the budget.
53 § 38. The opening paragraph of section 3609-a of the education law, as
54 amended by section 40 of part C of chapter 57 of the laws of 2004, is
55 amended to read as follows:
S. 991 85 A. 1921
1 Moneys apportioned, when and how payable commencing July first, two
2 thousand four. For aid payable in the two thousand four--two thousand
3 five school year and thereafter, "moneys apportioned" shall mean the
4 lesser of (i) the sum of one hundred percent of the respective amount
5 set forth for each school district as payable pursuant to this section
6 in the school aid computer listing for the current year produced by the
7 commissioner in support of the budget which includes the appropriation
8 for the general support for public schools for the prescribed payments
9 and individualized payments due prior to April first for the current
10 year plus the miscellaneous general aid apportionments which shall
11 include: apportionments payable during the current school year pursuant
12 to paragraph g of subdivision two, subdivision five and subdivision
13 thirty-six of section thirty-six hundred two of this [article] part
14 minus any reductions to current year aids pursuant to subdivision seven
15 of section thirty-six hundred four of this [article] part or any
16 deduction from apportionment payable pursuant to this chapter for
17 collection of a school district basic contribution as defined in subdi-
18 vision eight of section forty-four hundred one of this chapter, less any
19 grants provided pursuant to subdivision twelve of section thirty-six
20 hundred forty-one of this article, or (ii) the apportionment calculated
21 by the commissioner based on data on file at the time the payment is
22 processed provided however, that for the purposes of any payments made
23 pursuant to this section prior to the first business day of June of the
24 current year, moneys apportioned shall not include any aids payable
25 pursuant to subdivisions six and fourteen, if applicable, of section
26 thirty-six hundred two of this [article] part as current year aid for
27 debt service on bond anticipation notes and/or bonds first issued in the
28 current year or any aids payable as growth aid for the current year
29 pursuant to subdivision thirteen of section thirty-six hundred two of
30 this [article] part or any aids payable for full-day kindergarten for
31 the current year pursuant to subdivision twelve-a of section thirty-six
32 hundred two of this [article] part. The definitions of "base year" and
33 "current year" as set forth in subdivision one of section thirty-six
34 hundred two of this article shall apply to this section. For aid payable
35 in the [two thousand four--two thousand five] two thousand five--two
36 thousand six school year, reference to such "school aid computer listing
37 for the current year" shall mean the printouts entitled ["SA0405"]
38 "BT033-1".
39 § 39. The education law is amended by adding a new section 3609-f to
40 read as follows:
41 § 3609-f. Moneys apportioned for sound basic education aid, when and
42 how payable commencing July first, two thousand five. Notwithstanding
43 the provisions of section thirty-six hundred nine-a of this article,
44 apportionments payable pursuant to subdivision twenty-seven of section
45 thirty-six hundred two of this article shall be paid pursuant to this
46 section, provided however that no payment may be made in accordance with
47 this section prior to certification by the commissioner that the
48 district has adopted a budget for that school year. For aid payable in
49 the two thousand five--two thousand six school year and thereafter,
50 "moneys apportioned" shall mean the lesser of (i) one hundred percent of
51 the respective amount set forth for each school district as payable
52 pursuant to this section in the school aid computer listing for the
53 current year, as defined in the opening paragraph of section thirty-six
54 hundred nine-a of this article, or (ii) the apportionment calculated by
55 the commissioner based on data on file at the time the payment is proc-
56 essed. The definitions of "base year" and "current year" as set forth in
S. 991 86 A. 1921
1 subdivision one of section thirty-six hundred two of this article shall
2 apply to this section.
3 1. Prescribed payments. The moneys apportioned by the commissioner to
4 a school district pursuant to this section during the school year shall
5 be paid as follows:
6 a. September payment. The product of the moneys apportioned to such
7 district pursuant to this section multiplied by the quotient of the sum
8 of the payments on behalf of the district to the teachers' retirement
9 system payable in September pursuant to subparagraph one of paragraph a
10 of subdivision one of section thirty-six hundred nine-a of this article,
11 the lottery apportionment payable to the district pursuant to subpara-
12 graph two of paragraph a of subdivision one of such section thirty-six
13 hundred nine-a and the lottery textbook apportionment payable to the
14 district pursuant to subparagraph three of paragraph a of subdivision
15 one of such section thirty-six hundred nine-a, divided by the moneys
16 apportioned to such district pursuant to such section thirty-six hundred
17 nine-a.
18 b. October payment. The product of the moneys apportioned to such
19 district pursuant to this section multiplied by the quotient of the sum
20 of the payments on behalf of the district to the teachers' retirement
21 system payable in October pursuant to subparagraph one of paragraph a of
22 subdivision one of section thirty-six hundred nine-a of this article and
23 the amount payable to the district in October pursuant to subparagraph
24 four of paragraph a of subdivision one of such section thirty-six
25 hundred nine-a, divided by the moneys apportioned to such district
26 pursuant to such section thirty-six hundred nine-a.
27 c. November payment. The product of the moneys apportioned to such
28 district pursuant to this section multiplied by the quotient of the sum
29 of the payments on behalf of the district to the teachers' retirement
30 system payable in November pursuant to subparagraph one of paragraph a
31 of subdivision one of section thirty-six hundred nine-a of this article
32 and the amount payable to the district in November pursuant to subpara-
33 graph four of paragraph a of subdivision one of such section thirty-six
34 hundred nine-a, divided by the moneys apportioned to such district
35 pursuant to such section thirty-six hundred nine-a.
36 d. December payment. The product of the moneys apportioned to such
37 district pursuant to this section multiplied by the quotient of the
38 amount payable to the district in December pursuant to subparagraph four
39 of paragraph a of subdivision one of section thirty-six hundred nine-a
40 of this article, divided by the moneys apportioned to such district
41 pursuant to such section thirty-six hundred nine-a.
42 e. January payment. The product of the moneys apportioned to such
43 district pursuant to this section multiplied by the quotient of the
44 amount payable to the district in January pursuant to subparagraph two
45 of paragraph b of subdivision one of section thirty-six hundred nine-a
46 of this article, divided by the moneys apportioned to such district
47 pursuant to such section thirty-six hundred nine-a.
48 f. February payment. The product of the moneys apportioned to such
49 district pursuant to this section multiplied by the quotient of the
50 amount payable to the district in February pursuant to subparagraph two
51 of paragraph b of subdivision one of section thirty-six hundred nine-a
52 of this article, divided by the moneys apportioned to such district
53 pursuant to such section thirty-six hundred nine-a.
54 g. March payment. The product of the moneys apportioned to such
55 district pursuant to this section multiplied by the quotient of the sum
56 of the amount payable to the district in March pursuant to subparagraph
S. 991 87 A. 1921
1 two of paragraph b of subdivision one of section thirty-six hundred
2 nine-a of this article, the sustaining advance payment, if any, payable
3 to the district pursuant to clause (ii) of subparagraph three of para-
4 graph b of subdivision one of such section thirty-six hundred nine-a and
5 the final payment for the state fiscal year for such district, if any,
6 pursuant to clause (iii) of subparagraph three of paragraph b of subdi-
7 vision one of such section thirty-six hundred nine-a divided by the
8 moneys apportioned to such district pursuant to such section thirty-six
9 hundred nine-a.
10 h. April payment. The product of the moneys apportioned to such
11 district pursuant to this section multiplied by the quotient of the
12 April payment to the district pursuant to clause (iv) of subparagraph
13 three of paragraph b of subdivision one of section thirty-six hundred
14 nine-a of this article, divided by the moneys apportioned to such
15 district pursuant to such section thirty-six hundred nine-a.
16 i. May payment. The product of the moneys apportioned to such district
17 pursuant to this section multiplied by the quotient of the May payment
18 to the district pursuant to clause (iv) of subparagraph three of para-
19 graph b of subdivision one of section thirty-six hundred nine-a of this
20 article, divided by the moneys apportioned to such district pursuant to
21 such section thirty-six hundred nine-a.
22 j. June payment. The product of the moneys apportioned to such
23 district pursuant to this section multiplied by the quotient of the June
24 payment to the district pursuant to clause (v) of subparagraph three of
25 paragraph b of subdivision one of section thirty-six hundred nine-a of
26 this article, divided by the moneys apportioned to such district pursu-
27 ant to such section thirty-six hundred nine-a.
28 2. Deferred September payment. The positive difference, if any, of the
29 apportionment calculated by the commissioner based on data on file on
30 the first of August next following the close of the current year minus
31 any payments made pursuant to subdivision one of this section shall be
32 payable on the first state business day of September following the close
33 of the current year.
34 § 40. Paragraph b of subdivision 2 of section 3612 of the education
35 law, as separately amended by sections 46 and 47 of part C of chapter 57
36 of the laws of 2004, is amended to read as follows:
37 b. Such grants shall be awarded to school districts, within the limits
38 of funds appropriated therefor, through a competitive process that takes
39 into consideration the magnitude of any shortage of teachers in the
40 school district, the number of teachers employed in the school district
41 who hold temporary licenses to teach in the public schools of the state,
42 the number of provisionally certified teachers, the fiscal capacity and
43 geographic sparsity of the district, the number of new teachers the
44 school district intends to hire in the coming school year and the number
45 of summer in the city student internships proposed by an eligible school
46 district, if applicable. Grants provided pursuant to this section shall
47 be used only for the purposes enumerated in this section. Notwithstand-
48 ing any other provision of law to the contrary, a city school district
49 in a city having a population of one million or more inhabitants receiv-
50 ing a grant pursuant to this section may use no more than eighty percent
51 of such grant funds for any recruitment, retention and certification
52 costs associated with transitional certification of teacher candidates
53 for the school years two thousand one--two thousand two[, two thousand
54 two--two thousand three, two thousand three--two thousand four and two
55 thousand four--two thousand five] through two thousand five--two thou-
56 sand six.
S. 991 88 A. 1921
1 § 41. Intentionally Omitted.
2 § 42. Paragraphs a and b of subdivision 5 of section 3641 of the
3 education law, as amended by section 48 of part C of chapter 57 of the
4 laws of 2004, are amended to read as follows:
5 a. In addition to apportionments otherwise provided by section thir-
6 ty-six hundred two of this article, for aid payable in the school year
7 [two thousand four--two thousand five] two thousand five--two thousand
8 six, the amounts specified in paragraph b of this subdivision shall be
9 paid for the purposes of the development, maintenance or expansion of
10 magnet schools and magnet school programs provided, however that any
11 school district in a city of one million or more inhabitants which an
12 additional apportionment is provided in the [two thousand four--two
13 thousand five] two thousand five--two thousand six school year which
14 spends less in local funds during the current year than in the base year
15 for magnet schools or magnet school programs shall have its apportion-
16 ment reduced in an amount equal to such deficiency in the current year
17 or in the succeeding school year. It is provided further that no appor-
18 tionment provided pursuant to this section shall be used for any costs
19 associated with the administration of this program by the board of
20 education of the city of New York.
21 b. To the city school district of the city of New York there shall be
22 paid forty-eight million one hundred seventy-five thousand dollars
23 ($48,175,000) including five hundred thousand dollars ($500,000) for the
24 Andrew Jackson High School; to the Buffalo city school district, seven-
25 teen million twenty-five thousand dollars ($17,025,000); to the Roches-
26 ter city school district, eleven million dollars ($11,000,000); to the
27 Syracuse city school district, eleven million dollars ($11,000,000); to
28 the Yonkers city school district, twenty-nine million five hundred thou-
29 sand dollars ($29,500,000); to the Newburgh city school district, four
30 million six hundred forty-five thousand dollars ($4,645,000); to the
31 Poughkeepsie city school district, one million nine hundred seventy-five
32 thousand dollars ($1,975,000); to the Mount Vernon city school district,
33 two million dollars ($2,000,000); to the New Rochelle city school
34 district, one million four hundred ten thousand dollars ($1,410,000); to
35 the Schenectady city school district, one million eight hundred thousand
36 dollars ($1,800,000); to the Port Chester city school district, one
37 million one hundred fifty thousand dollars ($1,150,000); to the White
38 Plains city school district, nine hundred thousand dollars ($900,000);
39 to the Niagara Falls city school district, six hundred thousand dollars
40 ($600,000); to the Albany city school district, two million fifty thou-
41 sand dollars ($2,050,000); to the Utica city school district, one
42 million two hundred thousand dollars ($1,200,000); to the Beacon city
43 school district, three hundred sixty-six thousand dollars ($366,000); to
44 the Middletown city school district, four hundred thousand dollars
45 ($400,000); to the Freeport union free school district, four hundred
46 thousand dollars ($400,000); to the Greenburgh central school district,
47 three hundred thousand dollars ($300,000); and to the Peekskill city
48 school district, two hundred thousand dollars ($200,000).
49 § 43. Paragraph a of subdivision 6 of section 3641 of the education
50 law, as amended by section 50 of part C of chapter 57 of the laws of
51 2004, is amended to read as follows:
52 a. In addition to apportionments otherwise provided by section thir-
53 ty-six hundred two of this article, for aid payable in the [two thousand
54 four--two thousand five] two thousand five--two thousand six school year
55 the amounts specified in paragraph b of this subdivision shall be paid
S. 991 89 A. 1921
1 for the purpose of improving reading, mathematics and academic perform-
2 ance.
3 § 44. Paragraph a of subdivision 7 of section 3641 of the education
4 law, as amended by section 51 of part C of chapter 57 of the laws of
5 2004, is amended to read as follows:
6 a. In addition to apportionments otherwise provided by section thir-
7 ty-six hundred two of this article, for aid payable in the [two thousand
8 four--two thousand five] two thousand five--two thousand six school year
9 the amounts specified in paragraph b of this subdivision shall be paid
10 for programs for improving pupil performance pursuant to regulations of
11 the commissioner.
12 § 45. Section 3641 of the education law is amended by adding a new
13 subdivision 14 to read as follows:
14 14. Fund for innovation. a. In addition to apportionments otherwise
15 provided by section thirty-six hundred two of this article, for aid
16 payable in the two thousand five--two thousand six school year, fifteen
17 million dollars shall be available and allocated pursuant to paragraph b
18 of this subdivision and shall be paid for programs to create
19 public/private partnerships to develop and implement innovative, tech-
20 nology-based learning strategies to serve high-need pupils pursuant to
21 regulations of the commissioner, including, but not limited to, the
22 creation of one-to-one laptop pilot programs, the purchase of content-
23 based software and related professional development.
24 b. Any school district located within a city with a population of one
25 million or more shall be eligible for an amount of up to forty percent
26 of the total amount allocated for such purposes. Any city school
27 district of a city having a population of less than one million, but in
28 excess of one hundred twenty-five thousand inhabitants, shall be eligi-
29 ble for an amount equal to the product, rounded to the nearest dollar,
30 of (i) sixty percent of the total amount allocated for such purposes,
31 and (ii) the quotient of the district's base year enrollment on file
32 with the commissioner as of the date upon which an electronic data file
33 was created for the purposes of compliance with paragraph b of subdivi-
34 sion twenty-one of section three hundred five of this chapter on Novem-
35 ber fifteenth of the base year, divided by the sum of such base year
36 enrollments for all such city school districts.
37 § 46. Section 3641 of the education law is amended by adding a new
38 subdivision 15 to read as follows:
39 15. Academic achievement awards. In addition to apportionments other-
40 wise provided by section thirty-six hundred two of this article, for aid
41 payable in the two thousand five--two thousand six school year and ther-
42 eafter, school districts eligible to receive aid for operating expenses
43 shall be eligible for grants and honors pursuant to this subdivision for
44 public schools of the school district that achieve academic excellence
45 on state assessments as specified herein. Charter schools that achieve
46 academic excellence on such state assessments in accordance with the
47 criteria specified in this subdivision shall also be eligible for grants
48 pursuant to paragraph a of this subdivision. The commissioner shall
49 notify the governor of the public schools identified as recipients of
50 such grants by December first of each year, prior to notifying the
51 affected school districts or charter schools of such identification.
52 a. Pathfinder awards. Twenty-five Pathfinder awards in the amount of
53 ten thousand dollars each shall be awarded to at least one public school
54 in each judicial district, and to thirteen at-large public schools that:
55 (i) showed the greatest improvement over the three-year period ending in
56 the preceding school year in the percentage of students achieving profi-
S. 991 90 A. 1921
1 ciency on the fourth and/or eighth grade English language arts and math-
2 ematics assessments; and (ii) have at least sixty percent of the
3 students enrolled in the school in the preceding school year achieve
4 proficiency on such state assessments. In the event of a tie, joint
5 awards shall be made to each school that qualifies, and the amount of
6 the grant shall be prorated accordingly.
7 b. Trailblazer educational excellence and efficiency awards. Twenty-
8 five Trailblazer educational excellence and efficiency awards in the
9 amount of ten thousand dollars each shall be awarded to at least one
10 public school of a school district in each judicial district, and to
11 thirteen at-large public schools of a school district that: (i) achieve
12 the highest percentage of students achieving proficiency on the fourth
13 grade English language arts and mathematics assessments and/or the
14 eighth grade English language arts and mathematics assessments in the
15 preceding school year; and (ii) had per pupil spending in the preceding
16 school year that was equal to or below the average for the school
17 districts in that labor force region as defined by the commissioner of
18 labor. For purposes of this paragraph, "per pupil spending" shall mean
19 the quotient of the total general fund expense of the school district in
20 which the school is located in the school year prior to the base year,
21 divided by the number of students enrolled in the school. In the event
22 of a tie, joint awards shall be made to each school that qualifies, and
23 the amount of the grant shall be prorated accordingly.
24 § 47. Section 4204-a of the education law, as added by chapter 1066 of
25 the laws of 1974 and subdivision 1 as amended by chapter 705 of the laws
26 of 1992, is amended to read as follows:
27 § 4204-a. Deaf-infant programs; early intervention services. (1) All
28 deaf children resident in this state, below the age of three, of suit-
29 able age and capacity, who shall have been resident in this state for
30 one year immediately preceding the application, or is an orphan whose
31 nearest friend shall have been resident in this state for one year imme-
32 diately preceding the application, shall be eligible to receive approved
33 educational services in one of the institutions for instruction for the
34 deaf of the state as enumerated in section forty-two hundred one of this
35 article, as well as in such educational programs or other like facili-
36 ties which shall, in the discretion of the commissioner, be certified as
37 eligible to receive such pupils on a day basis only; provided, however,
38 the foregoing requirement as to length of residence in this state may be
39 waived in the discretion of the commissioner. Such children who are
40 first eligible for services pursuant to section forty-four hundred ten
41 of this [chapter] title whose parents or persons in parental relation-
42 ship elect to have them continue to receive services pursuant to this
43 section may do so [through August thirty-first of the calendar year in
44 which such child turns three] in accordance with paragraph (a) of subdi-
45 vision eight of section twenty-five hundred forty-one of the public
46 health law, unless such child's eligibility for early intervention
47 services ends at the child's third birthday under the provisions of
48 section twenty-five hundred forty-eight of the public health law.
49 (2) Each deaf pupil so received into any of the approved institutions
50 or facilities aforesaid shall be provided with tuition for the approved
51 costs incurred in any school year prior to the two thousand five--two
52 thousand six school year; and the directors of the institution or facil-
53 ity shall receive an appropriation for each pupil so provided for, in
54 quarterly payments, to be paid by the commissioner of taxation and
55 finance on the warrant of the comptroller, to the treasurer of said
56 institution or facility, on his presenting a bill showing the actual
S. 991 91 A. 1921
1 time and number of pupils in attendance, which bill shall be signed by
2 the chief executive officer of the institution, and verified under his
3 oath. On and after July first, two thousand five, financial responsi-
4 bility for the approved costs of the evaluation and provision of early
5 intervention services to such deaf pupils shall be determined pursuant
6 to section twenty-five hundred fifty-seven of the public health law, or
7 section twenty-five hundred fifty-eight of such law where applicable,
8 and the municipality fiscally responsible shall be eligible for state
9 reimbursement to the extent provided in such sections of the public
10 health law.
11 (3) Children placed in any [such] approved early intervention program
12 operated by an approved institution or facility, pursuant to this
13 section, shall be maintained therein on a day basis only [at the expense
14 of the state] for the period of time the school is in session. Further,
15 the commissioner of health shall approve such expense only if the child
16 attends the facility nearest [his] such child's legal residence;
17 provided, however, that the foregoing requirement as to the facility the
18 child shall attend may be waived in the discretion of the commissioner
19 of health.
20 (4) [The commissioner shall promulgate such rules and regulations
21 pertaining to the educational programs for deaf children placed in
22 facilities under the provisions of this section as he shall deem to be
23 in the best interests of such children.
24 (5) The state education department shall maintain a register of such
25 approved institutions or facilities which, after inspection, it deems
26 qualified to meet the needs of such child for instruction of such child
27 in such institution or facility. Such inspection shall also determine
28 the eligibility of such educational facility to receive the funds
29 hereinbefore specified.] All deaf-infant programs previously approved by
30 the commissioner pursuant to this section, including a program described
31 in subdivision three of section forty-three hundred fifty-seven of this
32 title, and in existence on July first, two thousand five, shall be
33 deemed to be approved early intervention programs for purposes of title
34 two-A of article twenty-five of the public health law as of such date.
35 The department of health shall be responsible for approval of all such
36 programs and shall assure that such programs come into compliance with
37 the requirements of title two-A of article twenty-five of the public
38 health law. The municipality and its early intervention official shall
39 be authorized to take any actions necessary to maintain educational
40 services to children enrolled in deaf-infant programs without disruption
41 on and after July first, two thousand five, including but not limited
42 to, conducting evaluations, convening meetings to develop individualized
43 family services plans and, where appropriate, making interim services
44 available pursuant to section twenty-five hundred forty-six of the
45 public health law.
46 § 48. Subdivision 2 of section 4402 of the education law is amended by
47 adding a new paragraph e to read as follows:
48 e. With the informed consent of the parents of a student with a disa-
49 bility, a school district may access the parents' private insurance to
50 pay for costs incurred for special education programs and services
51 pursuant to this section to the extent consistent with federal law and
52 regulations.
53 § 49. Subdivision 6 of section 4402 of the education law, as amended
54 by section 52 of part C of chapter 57 of the laws of 2004, is amended to
55 read as follows:
S. 991 92 A. 1921
1 6. Notwithstanding any other law, rule or regulation to the contrary,
2 the board of education of a city school district with a population of
3 one hundred twenty-five thousand or more inhabitants shall be permitted
4 to establish maximum class sizes for special classes for certain
5 students with disabilities in accordance with the provisions of this
6 subdivision. For the purpose of obtaining relief from any adverse fiscal
7 impact from under-utilization of special education resources due to low
8 student attendance in special education classes at the middle and
9 secondary level as determined by the commissioner, such boards of educa-
10 tion shall, during the school years nineteen hundred ninety-five--nine-
11 ty-six through June thirtieth, two thousand [five] six of the [two thou-
12 sand four--two thousand five] two thousand five--two thousand six school
13 year, be authorized to increase class sizes in special classes contain-
14 ing students with disabilities whose age ranges are equivalent to those
15 of students in middle and secondary schools as defined by the commis-
16 sioner for purposes of this section by up to but not to exceed one and
17 two tenths times the applicable maximum class size specified in regu-
18 lations of the commissioner rounded up to the nearest whole number,
19 provided that in a city school district having a population of one
20 million or more, classes that have a maximum class size of fifteen may
21 be increased by no more than one student and provided that the projected
22 average class size shall not exceed the maximum specified in the appli-
23 cable regulation, provided that such authorization shall terminate on
24 June thirtieth, two thousand. Such authorization shall be granted upon
25 filing of a notice by such a board of education with the commissioner
26 stating the board's intention to increase such class sizes and a certif-
27 ication that the board will conduct a study of attendance problems at
28 the secondary level and will implement a corrective action plan to
29 increase the rate of attendance of students in such classes to at least
30 the rate for students attending regular education classes in secondary
31 schools of the district. Such corrective action plan shall be submitted
32 for approval by the commissioner by a date during the school year in
33 which such board increases class sizes as provided pursuant to this
34 subdivision to be prescribed by the commissioner. Upon at least thirty
35 days notice to the board of education, after conclusion of the school
36 year in which such board increases class sizes as provided pursuant to
37 this subdivision, the commissioner shall be authorized to terminate such
38 authorization upon a finding that the board has failed to develop or
39 implement an approved corrective action plan.
40 § 50. Subdivision 3 of section 4405 of the education law, as amended
41 by chapter 53 of the laws of 1990, paragraphs a and b as amended by
42 chapter 57 of the laws of 1993, paragraph c as amended by chapter 82 of
43 the laws of 1995 and paragraph d as amended by chapter 260 of the laws
44 of 1993, is amended to read as follows:
45 3. Computing state financial responsibility for operating expenses for
46 certain children with handicapping conditions.
47 a. In addition to any other apportionments under the provisions of
48 this chapter, there shall be apportioned to each applicable school
49 district for each child with a handicapping condition in attendance in a
50 state school under the provisions of paragraph d of subdivision two of
51 section forty-four hundred one of this article [or an approved program
52 under the provisions of paragraphs e, f, g, h, i and l of such subdivi-
53 sion two], the product of such attendance, computed in accordance with
54 regulations of the commissioner, and the excess cost aid: an amount
55 computed by multiplying the excess cost, as defined in subdivision six
S. 991 93 A. 1921
1 of section forty-four hundred one of this article by the excess cost aid
2 ratio defined in subdivision seven of this section.
3 b. In addition to the apportionment provided to a school district
4 pursuant to paragraph a of this subdivision for the attendance of a
5 child with a handicapping condition in a state school under the
6 provisions of paragraph d of subdivision two of section forty-four
7 hundred one of this article, for each such child in attendance in such
8 school prior to July first, nineteen hundred ninety, there shall be
9 apportioned an additional amount. Such amount shall equal the product of
10 the taper aidable cost multiplied by the taper aid ratio. The taper
11 aidable cost shall equal the positive remainder resulting when (i) the
12 apportionment attributable to such child pursuant to paragraph a of this
13 subdivision is subtracted from (ii) the product of such child's attend-
14 ance and the tuition for the state school such child attends. The taper
15 aid ratio shall equal the quotient, computed to three decimals without
16 rounding, resulting when the positive remainder of one minus the
17 combined wealth ratio, as defined in subdivision one of section thirty-
18 six hundred two of this chapter is divided by seventy-five one-hun-
19 dredths. Such aid ratio shall not be less than zero nor more than one.
20 c. In addition to any other apportionments under the provisions of
21 this chapter, there shall be apportioned to each applicable school
22 district for each child with a handicapping condition in attendance in
23 an approved program under the provisions of paragraphs e, f, g, h, i and
24 l of subdivision two of section forty-four hundred one of this article,
25 an amount computed in the manner prescribed in paragraphs one, two,
26 three, four and five of subdivision nineteen of section thirty-six
27 hundred two of this chapter, as if each such child received special
28 educational services or attended programs which meet criteria estab-
29 lished by the commissioner, operated by a district or by a board of
30 cooperative educational services, provided, however, that such pupils
31 shall not be included in determining expense per pupil for such purpose.
32 d. The apportionments to each school district pursuant to this subdi-
33 vision shall be based on excess cost paid and attendance during the base
34 year.
35 [d.] e. Notwithstanding sections thirty-six hundred seven and thirty-
36 six hundred nine-a of this chapter, apportionments pursuant to this
37 subdivision shall be paid to school districts upon submission of reports
38 of attendance and approved tuition expenditures filed in a format
39 prescribed by the commissioner and shall be paid from the annual appor-
40 tionment of public moneys for the support of public schools in accord-
41 ance with section thirty-six hundred nine-b of this chapter.
42 § 51. Subdivision 3 of section 4408 of the education law, as amended
43 by section 53 of part C of chapter 57 of the laws of 2004, is amended to
44 read as follows:
45 3. Payment schedule. For aid payable in the [two thousand four--two
46 thousand five] two thousand five--two thousand six school year, moneys
47 appropriated annually to the department from the general fund - local
48 assistance account under the elementary, middle and secondary education
49 program for July and August programs for students with disabilities,
50 shall be used as follows: (i) for remaining base year and prior school
51 years obligations, (ii) for the purposes of subdivision four of this
52 section for schools operated under articles eighty-seven and eighty-
53 eight of this [chapter] title, and (iii) notwithstanding any inconsist-
54 ent provisions of this chapter, for payments made pursuant to this
55 section for current school year obligations, provided, however, that
56 such payments shall not exceed seventy percent of the state aid due for
S. 991 94 A. 1921
1 the sum of the approved tuition and maintenance rates and transportation
2 expense provided for herein; provided, however, that payment of eligible
3 claims shall be payable in the order that such claims have been approved
4 for payment by the commissioner, but in no case shall a single payee
5 draw down more than forty-five percent of the appropriation provided for
6 the purposes of this section, and provided further that no claim shall
7 be set aside for insufficiency of funds to make a complete payment, but
8 shall be eligible for a partial payment in one year and shall retain its
9 priority date status for appropriations provided for this section in
10 future years.
11 § 52. Paragraph f of subdivision 3 of section 4410 of the education
12 law, as amended by chapter 82 of the laws of 1995, is amended to read as
13 follows:
14 f. After notification by an early intervention official, as defined in
15 section twenty-five hundred forty-one of the public health law, that a
16 child receiving services pursuant to title II-A of article twenty-five
17 of the public health law potentially will transition to receiving
18 services under this section and that, with the consent of the parent, a
19 conference is to be convened to review the child's program options and
20 establish a transition plan, which conference, with the consent of the
21 parent, must occur at least ninety days before such child would be
22 eligible for services under this section, the chairperson of the commit-
23 tee on preschool special education of the local school district or his
24 or her designee in which such child resides shall participate in the
25 conference.
26 § 53. Paragraph c of subdivision 4 of section 4410 of the education
27 law, as amended by chapter 474 of the laws of 1996, is amended to read
28 as follows:
29 c. The documentation of the evaluation shall include all assessment
30 reports and a summary report of the findings of the evaluation on a form
31 prescribed by the commissioner including a detailed statement of the
32 preschool child's individual needs. The summary report shall not make
33 reference to any specific provider of special services or programs. In
34 addition, with the consent of the parents, approved evaluators and
35 committees shall be provided with the most recent evaluation report for
36 a child in transition from programs and services provided pursuant to
37 title [two-a] two-A of article twenty-five of the public health law.
38 Nothing shall prohibit an approved evaluator or the committee from
39 reviewing other assessments or evaluations to determine if such assess-
40 ments or evaluations fulfill the requirements of the regulations of the
41 commissioner. Notwithstanding any inconsistent provisions of this
42 section, the committee, in its discretion, [may] shall obtain an evalu-
43 ation of the child from another approved evaluator prior to making any
44 recommendation that would place a child in the approved program that
45 conducted the initial evaluation of the child, unless the committee
46 determines that there are no other approved evaluators available within
47 a reasonable distance from the school district who will be able to
48 provide a timely evaluation.
49 § 54. Subparagraph (iii) of paragraph a of subdivision 9 of section
50 4410 of the education law, as amended by section 57-a of part H of chap-
51 ter 83 of the laws of 2002, is amended to read as follows:
52 [(iii)] (i) Commencing [July] February first, [nineteen hundred nine-
53 ty-six] two thousand five and continuing through June thirtieth, two
54 thousand [three] nine, a moratorium on the approval of any new or
55 expanded programs in settings which include only preschool children with
56 disabilities is established. Exceptions shall be made for cases in which
S. 991 95 A. 1921
1 school districts document a critical need for a new or expanded program
2 in a setting which includes only preschool children with disabilities,
3 to meet the projected demand for services for preschool children in the
4 least restrictive environment. Applications for new or expanded programs
5 may be made directly to the [state education] department. Nothing herein
6 shall prohibit the commissioner from approving the modification of a
7 full-day program into half-day sessions.
8 (ii) Commencing July [1] first, [1999] nineteen hundred ninety-nine
9 the department shall only approve any new or expanded programs in
10 settings which include only preschool children with disabilities, if the
11 applicant can document a critical need for a new or expanded program in
12 a setting which includes only preschool children with disabilities to
13 meet the projected demand for services for preschool children in the
14 least restrictive environment. If the department determines that
15 approval will not be granted, it must notify the applicant, in writing,
16 of its reasons for not granting such approval. The department shall
17 establish guidelines, within 90 days of the effective date of this
18 section which shall state the criteria used to determine if the appli-
19 cant has demonstrated such a critical need. The department is authorized
20 to consult with the local school district to verify any data submitted.
21 (iii) On December [1] first, [2003] 2008 the commissioner shall submit
22 a report to the board of regents, the majority leader of the senate, the
23 speaker of the assembly and governor evaluating the impact of such mora-
24 torium on the availability of preschool special education services. The
25 report shall include: (i) information regarding the number of applica-
26 tions for new programs and program expansions and the disposition of
27 those applications by the commissioner; (ii) an assessment of the
28 projected need for additional classes serving only disabled children and
29 those serving disabled children with their non-disabled peers and in
30 other less restrictive settings; (iii) an assessment of the projected
31 need for additional programs due to program closings in the region,
32 number of children receiving early intervention services and existing
33 waiting lists; (iv) an assessment of the distance that children must be
34 transported to receive preschool special education services; (v) an
35 evaluation of the programmatic performance and cost-effectiveness of
36 existing programs; (vi) recommendations regarding ways in which improved
37 quality and cost-effectiveness could be achieved through the selective
38 expansion of effective programs and/or the curtailment of less effective
39 programs; and (vii) an assessment of the availability and effectiveness
40 of approved programs providing services to preschool children with
41 autism.
42 § 55. Subdivision 3 of section 4357 of the education law, as added by
43 chapter 53 of the laws of 1990, is amended to read as follows:
44 3. Deaf infants. The full costs of a deaf-infant program incurred
45 prior to July first, two thousand five, as determined by the commission-
46 er of education and approved by the director of the budget, for children
47 below the age of three served by the New York state school for the deaf
48 pursuant to section forty-two hundred four-a of this [chapter] title
49 shall be paid from the state moneys appropriated in support of such
50 section forty-two hundred four-a. Financial responsibility for the
51 approved costs of such a deaf-infant program incurred on or after July
52 first, two thousand five shall be in accordance with subdivision three
53 of section forty-two hundred four-a of this title.
54 § 56. Paragraph a of subdivision 11 of section 4410 of the education
55 law, as amended by chapter 474 of the laws of 1996, is amended to read
56 as follows:
S. 991 96 A. 1921
1 a. The approved costs for a preschool child who receives services
2 pursuant to this section shall be a charge upon the municipality wherein
3 such child resides. All approved costs shall be paid in the first
4 instance and at least quarterly by the appropriate governing body or
5 officer of the municipality upon vouchers presented and audited in the
6 same manner as the case of other claims against the municipality.
7 Notwithstanding any inconsistent provisions of this section, upon
8 notification by the commissioner, a municipality may withhold payments
9 due any provider for services rendered to preschool children in a
10 program for which the commissioner has been unable to establish a
11 tuition rate due to the failure of the provider to file complete and
12 accurate reports for such purpose, as required by the commissioner. With
13 the informed consent of the parents of a preschool student with a disa-
14 bility, the municipality may access the parents' private insurance to
15 pay for approved costs incurred pursuant to this section to the extent
16 consistent with federal law and regulations. The approved costs paid by
17 private insurance shall not be eligible for state reimbursement pursuant
18 to paragraph b of this subdivision or any other provision of law.
19 § 57. Subdivision 1 of section 101 of the general municipal law, as
20 amended by chapter 572 of the laws of 1964, is amended to read as
21 follows:
22 1. Every officer, board or agency of a political subdivision or of any
23 district therein, other than a school district or a board of cooperative
24 educational services or a city contracting on behalf of a city school
25 district, charged with the duty of preparing specifications or awarding
26 or entering into contracts for the erection, construction, recon-
27 struction or alteration of buildings, when the entire cost of such work
28 shall exceed fifty thousand dollars, shall prepare separate specifica-
29 tions for the following three subdivisions of the work to be performed:
30 a. Plumbing and gas fitting;
31 b. Steam heating, hot water heating, ventilating and air conditioning
32 apparatus; and
33 c. Electric wiring and standard illuminating fixtures.
34 § 58. Paragraph (b) of subdivision 2 of section 1676 of the public
35 authorities law is amended by adding a new undesignated paragraph to
36 read as follows:
37 An education corporation established to operate a charter school
38 pursuant to article fifty-six of the education law for the financing or
39 refinancing of an eligible charter school construction project.
40 § 59. Section 1676 of the public authorities law is amended by adding
41 a new subdivision 45 to read as follows:
42 45. "Eligible charter school construction project" means a project for
43 the design, planning, construction, acquisition, reconstruction, reno-
44 vation, development, improvement, expansion, furnishing, equipping or
45 otherwise providing for a school building used by a charter school
46 primarily for instruction that is approved by the charter entity, as
47 defined in subdivision three of section twenty-eight fifty-one of the
48 education law, that entered a charter agreement with such charter
49 school.
50 § 60. Subdivision 1 of section 1680 of the public authorities law is
51 amended by adding a new undesignated paragraph to read as follows:
52 An education corporation established to operate a charter school
53 pursuant to article fifty-six of the education law for the financing or
54 refinancing of an eligible charter school construction project.
55 § 61. Section 1680 of the public authorities law is amended by adding
56 a new subdivision 41 to read as follows:
S. 991 97 A. 1921
1 41. a. The dormitory authority is empowered and authorized to enter
2 into a lease, sublease or other agreement with the board of trustees of
3 any charter school pursuant to which the dormitory authority may
4 acquire, finance, refinance, design, construct, reconstruct, renovate,
5 develop, improve, expand, furnish, equip or otherwise provide for an
6 instructional facility. Such lease, sublease or other agreement may
7 provide for annual or other payments to the dormitory authority by or on
8 behalf of the charter school. Such lease, sublease or other agreement
9 may contain such other terms and the parties may agree upon conditions
10 as thereto, including, but not limited to, the establishment of reserve
11 funds and indemnities. A lease, sublease or other agreement entered into
12 by a charter school with the dormitory authority pursuant to the
13 provisions of this section shall not be deemed to be an installment
14 purchase contract, contract for public work or purchase contract within
15 the meaning of article five-A of the general municipal law or any other
16 law.
17 b. Notwithstanding any provision of paragraph (b) of subdivision three
18 of section twenty-eight hundred fifty-three of the education law to the
19 contrary, the board of trustees of a charter school shall have the full
20 power and authority to assign and pledge to the dormitory authority any
21 and all public funds to be apportioned or otherwise made payable by the
22 United States, any agency thereof, the state, any agency thereof, or a
23 school district to the charter school. All state and local officers are
24 hereby authorized and required to pay all such funds so assigned and
25 pledged to the dormitory authority or, upon the direction of the dormi-
26 tory authority, to any trustee of any dormitory authority bond or note
27 issued, pursuant to a certificate filed with any such state or local
28 officer by the dormitory authority pursuant to the provisions of this
29 paragraph; provided, however, that nothing in this paragraph shall be
30 construed to require a school district to make payments for any period
31 in which no students are enrolled in or attending the charter school.
32 c. Such lease, sublease, or other agreement shall not constitute or
33 create indebtedness of the state or of any school district or other
34 political subdivision for purposes of article seven or eight of the
35 state constitution or section 20.00 of the local finance law.
36 § 62. Paragraph b of subdivision 1 of section 1734 and subdivisions 1
37 and 3 of section 1735 of the public authorities law are REPEALED.
38 § 63. Paragraph a of subdivision 2 and the opening paragraph of subdi-
39 vision 5 of section 1734 of the public authorities law, as added by
40 chapter 738 of the laws of 1988, is amended to read as follows:
41 a. Except as otherwise provided in this section, all purchase
42 contracts for supplies, materials or equipment involving an estimated
43 expenditure in excess of ten thousand dollars and all contracts for
44 public work involving an estimated expenditure in excess of fifty thou-
45 sand dollars shall be awarded by the authority to the lowest responsible
46 bidder after obtaining sealed bids in the manner hereinafter set forth.
47 For purposes hereof, contracts for public work shall exclude contracts
48 for personal, engineering and architectural, or professional services.
49 Nothing in this section shall prohibit the authority from negotiating
50 with the low bidder on all matters pertaining to the bid.
51 Notwithstanding the foregoing, the authority may by resolution
52 approved by a vote of its members declare [(i)] that competitive bidding
53 [for non-construction contracts] is impractical or inappropriate because
54 of the existence of any of the circumstances hereinafter set forth [or
55 (ii) that competitive bidding for construction contracts is impractical
56 or inappropriate because of the existence of the circumstances set forth
S. 991 98 A. 1921
1 in paragraph a of this subdivision]. Thereafter the authority may
2 proceed to award contracts without complying with the requirements of
3 subdivision two or three of this section. In each case where the author-
4 ity declares competitive bidding impractical or inappropriate, it shall
5 state the reason therefor in writing and summarize any negotiations that
6 have been conducted and shall be made available upon request. Except for
7 contracts awarded pursuant to paragraphs a, b and c of this subdivision,
8 the authority shall not award any contract pursuant to this subdivision
9 earlier than thirty days from the date on which the authority declares
10 that competitive bidding is impractical or inappropriate. Competitive
11 bidding may only be declared impractical or inappropriate where:
12 § 64. Section 11 of chapter 795 of the laws of 1967, amending the
13 education law, the public authorities law and the real property tax law
14 relating to authorizing boards of cooperative educational services to
15 own and construct buildings, is REPEALED.
16 § 65. Subdivision b of section 2 of chapter 756 of the laws of 1992,
17 relating to funding a program for work force education conducted by the
18 consortium for worker education in New York city, as amended by section
19 57 of part C of chapter 57 of the laws of 2004, is amended to read as
20 follows:
21 b. Reimbursement for programs approved in accordance with subdivision
22 a of this section for the 1992-93 school year shall not exceed 61.4
23 percent of the lesser of such approvable costs per contact hour or five
24 dollars and sixty cents per contact hour, reimbursement for the 1993-94
25 school year shall not exceed 65.1 percent of the lesser of such approva-
26 ble costs per contact hour or five dollars and fifty cents per contact
27 hour, reimbursement for the 1994-95 school year shall not exceed 58
28 percent of the lesser of such approvable costs per contact hour or five
29 dollars and seventy-five cents per contact hour, reimbursement for the
30 1995-96 school year shall not exceed 61.2 percent of the lesser of such
31 approvable costs per contact hour or five dollars and eighty cents per
32 contact hour, reimbursement for the 1996-97 school year shall not exceed
33 61.7 percent of the lesser of such approvable costs per contact hour or
34 five dollars and ninety cents per contact hour, reimbursement for the
35 1997-98 school year shall not exceed 63.2 percent of the lesser of such
36 approvable costs per contact hour or six dollars and ten cents per
37 contact hour, reimbursement for the 1998-99 school year shall not exceed
38 64.4 percent of the lesser of such approvable costs per contact hour or
39 six dollars and five cents per contact hour, reimbursement for the
40 1999-2000 school year shall not exceed 64.4 percent of the lesser of
41 such approvable costs per contact hour or six dollars and twenty-five
42 cents per contact hour, reimbursement for the 2000-2001 school year
43 shall not exceed 65.1 percent of the lesser of such approvable costs per
44 contact hour or six dollars and sixty cents per contact hour, reimburse-
45 ment for the 2001-02 school year shall not exceed 64.5 percent of the
46 lesser of such approvable costs per contact hour or six dollars and
47 ninety cents per contact hour, reimbursement for the 2002-03 school year
48 shall not exceed 64.4 percent of the lesser of such approvable costs per
49 contact hour or seven dollars and forty cents per contact hour,
50 reimbursement for the 2003-04 school year shall not exceed 64.0 percent
51 of the lesser of such approvable costs per contact hour or seven dollars
52 and sixty-five cents per contact hour [and], reimbursement for the
53 2004-05 school year shall not exceed 63.2 percent of the lesser of such
54 approvable costs per contact hour or eight dollars and five cents per
55 contact hour where a contact hour represents sixty minutes of instruc-
56 tion services provided to an eligible adult and reimbursement for the
S. 991 99 A. 1921
1 2005-06 school year shall not exceed 64.4 percent of the lesser of such
2 approvable costs per contact hour or eight dollars and forty-five cents
3 per contact hour where a contact hour represents sixty minutes of
4 instruction services provided to an eligible adult. Notwithstanding any
5 other provision of law to the contrary, for the 1992-1993 school year
6 the apportionment calculated for the city school district of the city of
7 New York pursuant to subdivision 24 of section 3602 of the education law
8 shall be computed as if such contact hours provided by the consortium
9 for worker education, not to exceed six hundred thousand hours
10 (600,000), were eligible for aid in accordance with the provisions of
11 such subdivision 24 of section 3602 of the education law, whereas, for
12 the 1993-94 school year such contact hours shall not exceed five hundred
13 seventy-six thousand one hundred eighty-seven hours (576,187); whereas,
14 for the 1994-95 school year such contact hours shall not exceed six
15 hundred nineteen thousand five hundred thirty-one hours (619,531); wher-
16 eas, for the 1995-96 school year such contact hours shall not exceed
17 five hundred eighty-one thousand one hundred thirty-eight hours
18 (581,138); whereas, for the 1996-97 school year such contact hours shall
19 not exceed one million ninety-eight thousand nine hundred one hours
20 (1,098,901); whereas, for the 1997-98 school year such contact hours
21 shall not exceed one million five hundred fifty-eight thousand four
22 hundred forty-one (1,558,441) hours; whereas, for the 1998-99 school
23 year such contact hours shall not exceed one million nine hundred twen-
24 ty-eight thousand twenty (1,928,020) hours; whereas, for the 1999-2000
25 school year such contact hours shall not exceed one million nine hundred
26 ninety thousand forty-nine (1,990,049) hours; whereas, for the 2000-2001
27 school year such contact hours shall not exceed one million nine hundred
28 eighty-one thousand three hundred fifty-one (1,981,351) hours; whereas,
29 for the 2001-02 school year such contact hours shall not exceed two
30 million two hundred forty-seven thousand one hundred ninety-one
31 (2,247,191) hours; whereas, for the 2002-03 school year such contact
32 hours shall not exceed two million one hundred thousand eight hundred
33 forty (2,100,840) hours; whereas for the 2003-04 school year such
34 contact hours shall not exceed one million eight hundred forty thousand
35 four hundred ninety (1,840,490) hours; whereas for the 2004-05 school
36 year such contact hours shall not exceed two million two hundred sixty-
37 three thousand seven hundred seventy-nine (2,263,779) hours; whereas for
38 the 2005-06 school year such contact hours shall not exceed one million
39 nine hundred two thousand five hundred seventy-three (1,902,573) hours.
40 § 66. Section 4 of chapter 756 of the laws of 1992, relating to fund-
41 ing a program for work force education conducted by the consortium for
42 worker education in New York city, is amended by adding a new subdivi-
43 sion k to read as follows:
44 k. The provisions of this subdivision shall not apply after the
45 completion of payments for the 2005-2006 school year. Notwithstanding
46 any inconsistent provisions of law, the commissioner of education shall
47 withhold a portion of employment preparation education aid due to the
48 city school district of the city of New York to support a portion of the
49 costs of the work force education program. Such moneys shall be credited
50 to the elementary and secondary education fund-local assistance account
51 and shall not exceed ten million three hundred fifty thousand dollars
52 ($10,350,000).
53 § 67. Section 6 of chapter 756 of the laws of 1992, relating to fund-
54 ing a program for work force education conducted by the consortium for
55 worker education in New York city, as amended by section 59 of part C of
56 chapter 57 of the laws of 2004, is amended to read as follows:
S. 991 100 A. 1921
1 § 6. This act shall take effect July 1, 1992, and shall be deemed
2 repealed on June 30, [2005] 2006.
3 § 68. Subdivision 1 of section 167 of chapter 169 of the laws of 1994
4 relating to certain provisions related to the 1994-95 state operations,
5 aid to localities, capital projects and debt service budgets, as amended
6 by section 63 of part C of chapter 57 of the laws of 2004, is amended to
7 read as follows:
8 1. Sections one through seventy of this act shall be deemed to have
9 been in full force and effect as of April 1, 1994 provided, however,
10 that sections one, two, twenty-four, twenty-five and twenty-seven
11 through seventy of this act shall expire and be deemed repealed on March
12 31, 2000; provided, however, that section twenty of this act shall apply
13 only to hearings commenced prior to September 1, 1994, and provided
14 further that section twenty-six of this act shall expire and be deemed
15 repealed on March 31, 1997; and provided further that sections four
16 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
17 twenty-one-a of this act shall expire and be deemed repealed on March
18 31, 1997; and provided further that sections three, fifteen, seventeen,
19 twenty, twenty-two and twenty-three of this act shall expire and be
20 deemed repealed on March 31, [2006] 2007.
21 § 69. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
22 of 1995, amending the education law and certain other laws relating to
23 state aid to school districts and the appropriation of funds for the
24 support of government, as amended by section 66 of part C of chapter 57
25 of the laws of 2004, are amended to read as follows:
26 (22) sections one hundred twelve, one hundred thirteen, one hundred
27 fourteen, one hundred fifteen and one hundred sixteen of this act shall
28 take effect on July 1, 1995; provided, however, that section one hundred
29 thirteen of this act shall remain in full force and effect until July 1,
30 [2005] 2006 at which time it shall be deemed repealed;
31 (24) sections one hundred eighteen through one hundred thirty of this
32 act shall be deemed to have been in full force and effect on and after
33 July 1, 1995; provided further, however, that the amendments made pursu-
34 ant to section one hundred nineteen of this act shall be deemed to be
35 repealed on and after July 1, [2005] 2006;
36 § 70. Section 7 of chapter 472 of the laws of 1998, amending the
37 education law relating to the lease of school buses by school districts,
38 as amended by section 67 of part C of chapter 57 of the laws of 2004, is
39 amended to read as follows:
40 § 7. This act shall take effect September 1, 1998, and shall expire
41 and be deemed repealed September 1, [2005] 2006.
42 § 70-a. Subdivision 16 of section 104 of part L of chapter 405 of the
43 laws of 1999, amending the real property tax law and other laws relating
44 to improving the administration of the school tax relief (STAR) program,
45 as amended by section 68 of part C of chapter 57 of the laws of 2004, is
46 amended to read as follows:
47 (16) sections fifty-one-f, fifty-one-g, fifty-one-h, fifty-one-i and
48 fifty-one-j of this act shall expire and be deemed repealed June 30,
49 [2005] 2006;
50 § 71. Subdivision 8 of section 94 of part C of chapter 57 of the laws
51 of 2004, amending the education law and other laws relating to the
52 calculation and payment of state aid to school districts and boards of
53 cooperative educational services, is amended and a new subdivision 10-a
54 is added to read as follows:
S. 991 101 A. 1921
1 8. sections eighteen, nineteen, thirty-eight[,] and forty-one [and
2 seventy] of this act shall be deemed to have been in full force and
3 effect on and after July 1, 2003;
4 10-a. section seventy of this act shall be deemed to have been in full
5 force and effect on and after July 1, 1999.
6 § 72. No later than 10 days after submission of any state legislation
7 needed to implement the Individuals with Disabilities Education Improve-
8 ment Act of 2004, the commissioner of education shall submit to the
9 governor and the legislature a report identifying any state rules, regu-
10 lations and policies relating to special education that are state
11 imposed requirements not required by part B of the Individuals with
12 Disabilities Education Act, or the federal regulations implementing such
13 act.
14 § 73. For purposes of subdivision 9 of section 2852 of the education
15 law, a charter school formed by the chancellor of a city school district
16 in a city having a population of one million or more for the purpose of
17 ensuring that children in that school be provided an opportunity for a
18 sound basic education shall be deemed a conversion of an existing public
19 school notwithstanding the absence of a vote of the parents in favor of
20 conversion.
21 § 74. Special apportionment for salary expenses.
22 a. Notwithstanding any other provision of law, upon application to the
23 commissioner of education, not sooner than the first day of the second
24 full business week of June, 2006 and not later than the last day of the
25 third full business week of June, 2006, a school district eligible for
26 an apportionment pursuant to section 3602 of the education law shall be
27 eligible to receive an apportionment pursuant to this section, for the
28 school year ending June 30, 2006, for salary expenses incurred between
29 April 1 and June 30, 2006, and such apportionment shall not exceed the
30 deficit reduction assessment of 1990-91 as determined by the commission-
31 er of education, pursuant to paragraph f of subdivision 1 of section
32 3602 of the education law, as in effect through June 30, 1993, plus one
33 hundred eighty-six percent of such amount for a city school district in
34 a city with a population in excess of one million inhabitants and plus
35 two hundred nine percent of such amount for a city school district in a
36 city with a population of more than one hundred ninety-five thousand
37 inhabitants and less than two hundred nineteen thousand inhabitants
38 according to the latest federal census, and shall not exceed such salary
39 expenses. Such application shall be made by a school district, after the
40 board of education or trustees have adopted a resolution to do so and in
41 the case of a city school district in a city with a population in excess
42 of one hundred twenty-five thousand inhabitants, with the approval of
43 the mayor of such city.
44 b. The claim for an apportionment to be paid to a school district
45 pursuant to subdivision a of this section shall be submitted to the
46 commissioner of education on a form prescribed for such purpose, and
47 shall be payable upon determination by such commissioner that the form
48 has been submitted as prescribed. Such approved amounts shall be payable
49 on the same day on or before September, 2006, as funds provided pursuant
50 to subparagraph 4 of paragraph b of subdivision 4 of section 92-c of the
51 state finance law, on the audit and warrant of the state comptroller on
52 vouchers certified or approved by the commissioner of education in the
53 manner prescribed by law from moneys in the state lottery fund and from
54 the general fund to the extent that the amount paid to a school district
55 pursuant to this section exceeds the amount, if any, due such school
S. 991 102 A. 1921
1 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
2 section 3609-a of the education law in the 2006-2007 school year.
3 c. Notwithstanding the provisions of section 3609-a of the education
4 law, an amount equal to the amount paid to a school district pursuant to
5 subdivisions a and b of this section shall first be deducted from the
6 following payments due the school district during the 2006-2007 school
7 year pursuant to subparagraphs 1, 2, 3, 4 and 5 of paragraph a of subdi-
8 vision 1 of section 3609-a of the education law in the following order:
9 the lottery apportionment payable pursuant to subparagraph 2 of such
10 paragraph followed by the fixed fall payments payable pursuant to
11 subparagraph 4 of such paragraph and then followed by the district's
12 payments to the teachers' retirement system pursuant to subparagraph 1
13 of such paragraph, and any remainder to be deducted from the individual-
14 ized payments due the district pursuant to paragraph b of such subdivi-
15 sion shall be deducted on a chronological basis starting with the earli-
16 est payment due the district.
17 § 75. School bus driver training. In addition to apportionments other-
18 wise provided by section 3602 of the education law, for aid payable in
19 the 2005-2006 school year, the commissioner of education shall allocate
20 school bus driver training grants to school districts and boards of
21 cooperative education services pursuant to sections 3650-a, 3650-b and
22 3650-c of the education law, or for contracts directly with not-for-pro-
23 fit educational organizations for the purposes of this section. Such
24 payments shall not exceed four hundred thousand dollars ($400,000).
25 § 76. Fort Drum school district grants. In addition to apportionments
26 otherwise provided by section 3602 of the education law, for aid payable
27 in the 2005-2006 school year, school districts which received an appor-
28 tionment in the base year for operating expenses on account of an
29 increase in student enrollment in prior years as a result of the expan-
30 sion of Fort Drum, shall be eligible for a share of two million six
31 hundred twenty-five thousand dollars ($2,625,000) in the same proportion
32 as each school district's share was of the Fort Drum school district
33 grants distributed in the base year for the operating expenses of such
34 school districts.
35 § 77. Notwithstanding any provisions of law to the contrary, the allo-
36 cation of aid to public libraries for 2005-06 shall continue to fund all
37 recipients at the levels they were funded in the 2004-05 state fiscal
38 year.
39 § 78. Learning technology grants. In addition to apportionments other-
40 wise provided by section 3602 of the education law, for aid payable in
41 the school year 2005-2006, the commissioner of education may approve
42 school district and board of cooperative educational services applica-
43 tions for funding of approved learning technology programs, including
44 services benefiting nonpublic school students, pursuant to regulations
45 promulgated by the commissioner of education and approved by the direc-
46 tor of the budget, provided, however, that the sum of such grants
47 awarded shall not exceed three million two hundred eighty-five thousand
48 dollars ($3,285,000). Notwithstanding section 3609-a of the education
49 law, the commissioner of education is authorized to pay from the general
50 support for public schools appropriations, up to seventy percent of such
51 sum, for such purposes, prior to April first of the school year for
52 which such moneys are available, with the remainder payable on or after
53 such date.
54 § 79. Notwithstanding any other provisions of law to the contrary, of
55 the moneys appropriated to the state education department in a chapter
56 of the laws of 2005, enacting the education, labor and family assistance
S. 991 103 A. 1921
1 budget under the elementary, middle, and secondary education program,
2 general fund account for general support for public schools for the
3 2005-2006 school year for programs for homeless children and youth shall
4 include (a) expenditures for the transportation of homeless children
5 pursuant to paragraph b of subdivision 4 of section 3209 of the educa-
6 tion law, up to the amount of the approved costs of the most cost-
7 effective mode of transportation, in accordance with a plan prepared by
8 the commissioner of education as approved by the director of the budget
9 and (b) the sum of thirty thousand dollars ($30,000) to the credit of
10 the state purposes account of the state education department to carry
11 out the purposes of this section relating to reimbursement of division
12 for youth shelters transporting such pupils.
13 § 80. Notwithstanding any inconsistent provision of law, any amount
14 share of federal financial participation under medicaid for school age
15 and preschool special education programs and services that is in excess
16 of one hundred seventy million dollars ($170,000,000) may be made avail-
17 able, subject to the appropriation of such excess, in the same propor-
18 tion as such funds attributable respectively to preschool and school age
19 programs and services bear to such one hundred seventy million dollars,
20 for payment of prior year claims for preschool services under section
21 4410 of the education law and the payment of prior year adjustments of
22 state aid claims for school age students.
23 § 81. Bilingual education grants. In addition to apportionments other-
24 wise provided by section 3602 of the education law, for aid payable in
25 the 2005-2006 school year, the commissioner of education may approve
26 school district and board of cooperative educational services and
27 college or university applications for funding of approved bilingual
28 education programs, provided, however, that the sum of such grants
29 awarded shall not exceed eleven million two hundred thousand dollars
30 ($11,200,000).
31 § 82. Grants for teacher support. In addition to apportionments other-
32 wise provided by section 3602 of the education law, of the funds appro-
33 priated for the general support for public schools for the 2005-2006
34 school year, including but not limited to appropriations for teacher
35 support, payments shall be made as follows: to the city school district
36 of the city of New York, sixty-two million seven hundred seven thousand
37 dollars ($62,707,000); to the Buffalo city school district, one million
38 seven hundred forty-one thousand dollars ($1,741,000); to the Rochester
39 city school district, one million seventy-six thousand dollars
40 ($1,076,000); to the Yonkers city school district, one million one
41 hundred forty-seven thousand dollars ($1,147,000); and to the Syracuse
42 city school district, eight hundred nine thousand dollars ($809,000).
43 All funds made available to a school district pursuant to this section
44 shall be distributed among teachers including prekindergarten teachers
45 and teachers of adult vocational and academic subjects in accordance
46 with this section and shall be in addition to salaries heretofore or
47 hereafter negotiated or made available; provided, however, that all
48 funds distributed pursuant to this section for the current year shall be
49 deemed to incorporate all funds distributed pursuant to former subdivi-
50 sion 27 of section 3602 of the education law for prior years. In school
51 districts where the teachers are represented by certified or recognized
52 employee organizations, all salary increases funded pursuant to this
53 section shall be determined by separate collective negotiations
54 conducted pursuant to the provisions and procedures of article 14 of the
55 civil service law, notwithstanding the existence of a negotiated agree-
S. 991 104 A. 1921
1 ment between a school district and a certified or recognized employee
2 organization.
3 § 83. Special academic improvement grants. In addition to apportion-
4 ments otherwise provided by section 3602 of the education law, for aid
5 payable in the 2005-2006 school year, of the funds appropriated for the
6 general support for public schools for the 2005-2006 school year,
7 including but not limited to appropriations for special academic
8 improvement grants, payments shall be made pursuant to subdivision elev-
9 en of section 3641 of the education law, provided, however, that the sum
10 of such grants awarded shall not exceed six million dollars
11 ($6,000,000).
12 § 84. Expenditures of the state education department. Notwithstanding
13 any other law, rule or regulation to the contrary, 2005-2006 state
14 fiscal year state operations appropriations made from the general fund
15 and/or special revenue, other funds to the state education department
16 shall be available for the payment of prior years' liabilities in such
17 fund or funds for fringe benefits, indirect costs, telecommunications
18 expenses and expenses for other centralized services. Payments for prior
19 years' liabilities in such fund or funds for expenses other than those
20 indicated above may not exceed a total of three million dollars
21 ($3,000,000).
22 § 85. Teacher resource and computer training centers. In addition to
23 apportionments otherwise provided by section 3602 of the education law,
24 for aid payable in the 2005-2006 school year, of the funds appropriated
25 for the general support for public schools for the 2005-2006 school
26 year, including but not limited to appropriations for teacher resource
27 and computer training centers, payments shall be made pursuant to
28 section 316 of the education law, provided, however, that the sum of
29 such aid awarded shall not exceed thirty-one million dollars
30 ($31,000,000).
31 § 86. New York state mentor teacher-internship program. In addition to
32 apportionments otherwise provided by section 3602 of the education law,
33 for aid payable in the 2005-2006 school year, of the funds appropriated
34 for the general support for public schools for the 2005-2006 school
35 year, including but not limited to appropriations for the New York state
36 mentor teacher-internship program, payments shall be made pursuant to
37 section 3033 of the education law, provided, however, that the sum of
38 such aid awarded shall not exceed six million dollars ($6,000,000).
39 § 87. Teachers of tomorrow. Notwithstanding the provisions of para-
40 graph b of subdivision 2 of section 3612 of the education law, grants
41 awarded to school districts pursuant to such section shall be paid from
42 moneys apportioned from appropriations in support of general support for
43 public schools and shall be limited to a school year program of twenty
44 million dollars ($20,000,000) for the 2005-2006 school year.
45 § 88. a. Notwithstanding any other law, rule or regulation to the
46 contrary, any moneys appropriated to the state education department may
47 be suballocated to other state departments or agencies, as needed, to
48 accomplish the intent of the specific appropriations contained therein.
49 b. Notwithstanding any other law, rule or regulation to the contrary,
50 moneys appropriated to the state education department from the general
51 fund/aid to localities, local assistance account-001, shall be for
52 payment of financial assistance, as scheduled, net of disallowances,
53 refunds, reimbursement and credits.
54 c. Notwithstanding any other law, rule or regulation to the contrary,
55 all moneys appropriated to the state education department for aid to
56 localities shall be available for payment of aid heretofore or hereafter
S. 991 105 A. 1921
1 to accrue and may be suballocated to other departments and agencies to
2 accomplish the intent of the specific appropriations contained therein.
3 d. Notwithstanding any other law, rule or regulation to the contrary,
4 moneys appropriated to the state education department for general
5 support for public schools may be interchanged with any other item of
6 appropriation for general support for public schools within the general
7 fund local assistance account elementary, middle, secondary and continu-
8 ing education program.
9 § 89. Severability. The provisions of this act shall be severable, and
10 if the application of any clause, sentence, paragraph, subdivision,
11 section or part of this act to any person or circumstance shall be
12 adjudged by any court of competent jurisdiction to be invalid, such
13 judgment shall not necessarily affect, impair or invalidate the applica-
14 tion of any such clause, sentence, paragraph, subdivision, section, part
15 of this act or remainder thereof, as the case may be, to any other
16 person or circumstance, but shall be confined in its operation to the
17 clause, sentence, paragraph, subdivision, section or part thereof
18 directly involved in the controversy in which such judgment shall have
19 been rendered.
20 § 90. This act shall take effect immediately and shall be deemed to
21 have been in full force and effect on and after July 1, 2005; provided,
22 however, that:
23 1. the amendments to clause d of subparagraph (i) of paragraph (y) of
24 subdivision 1 of section 3602 of the education law made by section
25 sixteen of this act shall not affect the expiration of such subparagraph
26 and shall be deemed to expire therewith;
27 2. the amendments to clause 1 of subparagraph b of paragraph 1 of
28 subdivision 19 of section 3602 of the education law made by section
29 twenty-seven of this act shall not affect the expiration of such clause
30 and shall be deemed to expire therewith;
31 3. the amendments to paragraph b of subdivision 2 of section 3612 of
32 the education law made by section forty of this act shall not affect the
33 expiration of such paragraph and shall be deemed to expire therewith;
34 4. the amendments to subdivision 6 of section 4402 of the education
35 law made by section forty-nine of this act shall not affect the repeal
36 of such subdivision and shall be deemed repealed therewith;
37 5. sections one, three, four, five, six, fifty-seven, sixty-two,
38 sixty-three and sixty-four of this act shall be deemed to have been in
39 full force and effect on and after April 1, 2005, and shall apply to
40 contracts entered into on behalf of school districts and boards of coop-
41 erative educational services on and after such date;
42 6. section twenty-two of this act shall be deemed to have been in full
43 force and effect on and after July 1, 2004;
44 7. section twenty-three of this act shall be deemed to have been in
45 full force and effect on and after July 1, 1998;
46 8. section thirty of this act shall be deemed to have been in full
47 force and effect on and after July 1, 2003;
48 9. section fifty of this act shall expire and be deemed repealed June
49 30, 2006;
50 10. section fifty-four of this act shall be deemed to have been in
51 full force and effect on and after February 1, 2005;
52 11. sections fifty-eight, fifty-nine, sixty, sixty-one, seventy-two,
53 seventy-three, seventy-seven and eighty-four of this act shall take
54 effect immediately.
55 12. section sixty-seven of this act shall be deemed to have been in
56 full force and effect on and after June 30, 2005;
S. 991 106 A. 1921
1 13. section sixty-eight of this act shall be deemed to have been in
2 full force and effect on and after the effective date of section 101 of
3 part A of chapter 436 of the laws of 1997;
4 14. section sixty-nine of this act shall be deemed to have been in
5 full force and effect on and after the effective date of section 140 of
6 chapter 82 of the laws of 1995;
7 15. section seventy-one of this act shall be deemed to have been in
8 full force and effect on and after the effective date of section 94 of
9 part C of chapter 57 of the laws of 2004;
10 16. section eighty of this act shall be deemed to have been in full
11 force and effect on and after April 1, 2004; and
12 17. section eighty-eight of this act shall be deemed to have been in
13 full force and effect on and after April 1, 2005 and be deemed repealed
14 March 31, 2007.
REPEAL NOTES. -- Subdivisions 1 and 2 of section 458 of the education
law, as proposed to be repealed by this act, relates to contracting
requirements for school districts.
Subdivisions 1 and 2 of section 482 of the education law, as proposed
to be repealed by this act, relates to contracting requirements for
school districts and boards of cooperative educational services.
Paragraph b of subdivision 1 of section 1734 and subdivisions 1 and 3
of section 1735 of the public authorities law, as proposed to be
repealed by this act, relates to contracting requirements for boards of
cooperative education utilizing the dormitory authority.
Section 11 of chapter 795 of the laws of 1967, as proposed to be
repealed by this act, relates to contracting requirements of boards of
cooperative educational services.
15 PART H
16 Section 1. Section 2022 of the education law is amended by adding a
17 new subdivision 7 to read as follows:
18 7. a. Notwithstanding any other provision of law to the contrary,
19 commencing with school district budgets for the school year two thousand
20 five--two thousand six, total spending under the school district budget
21 for any district whose budget is subject to voter approval shall not
22 exceed total spending under the school district budget for the prior
23 school year by a percentage that exceeds the lesser of: (i) four
24 percent, or (ii) the result obtained when one hundred twenty percent is
25 multiplied by the percentage increase in the consumer price index over
26 the twelve month period preceding January first of the calendar year in
27 which the current school year commences, with the result rounded to two
28 decimal places, except with the approval of the qualified voters in the
29 manner prescribed in paragraph b of this subdivision.
30 b. Notwithstanding any other provision of law to the contrary, the
31 approval of at least two-thirds of the qualified voters present and
32 voting at an annual or special school district meeting shall be required
33 in order to override the total spending limitation imposed by this
34 subdivision in the current school year. Notwithstanding any other
35 provision of law to the contrary, where a two-thirds vote is required
36 pursuant to this paragraph and a majority of the qualified voters pres-
37 ent and voting, but less than two-thirds, approve the school district
38 budget or other proposition for the expenditure of money:
39 (i) such budget or proposition shall be deemed approved by the voters
40 subject to the spending limitation imposed by this subdivision;
S. 991 107 A. 1921
1 (ii) the school authorities shall be authorized to make any reductions
2 in such budget or proposition that are necessary to comply with the
3 spending limitation without further approval of the voters and without
4 adopting a contingency budget pursuant to section two thousand twenty-
5 three of this part; and
6 (iii) the school authorities shall be authorized to resubmit to the
7 voters on one additional occasion a separate proposition to override the
8 total spending limitation imposed by this section for the current school
9 year and to fully implement the budget or proposition previously
10 approved by majority vote, provided that such separate proposition to
11 override is approved by at least two-thirds of the qualified voters
12 present and voting. Notwithstanding any other provision of law to the
13 contrary, if the approval of the qualified voters to override the limi-
14 tation on total spending is not obtained upon such one resubmission, the
15 school authorities shall make any reductions in the budget or proposi-
16 tion that are necessary to comply with the total spending limitation.
17 c. The notice of any annual or special district meeting at which any
18 proposition for the expenditure of moneys that could result in an
19 increase in total spending in excess of the limitation imposed by this
20 subdivision is submitted to the voters, and the notice of any special
21 district meeting at which a proposition to override such spending limi-
22 tation is submitted, shall include a statement that a vote of at least
23 two-thirds of the qualified voters present and voting is required to
24 approve such propositions.
25 d. For the purposes of this subdivision: (i) "Consumer price index"
26 shall mean the percentage that represents the average of the national
27 consumer price indexes for all urban consumers (CPI-U) determined by the
28 United States department of labor.
29 (ii) "Current school year" shall mean the school year for which school
30 taxes are levied.
31 (iii) "Total spending" shall mean the total amount appropriated under
32 the school district budget for the school year, provided that the
33 following types of expenditures shall be disregarded in determining
34 total spending:
35 (A) the types of expenditures set forth in paragraph b of subdivision
36 four of section two thousand twenty-three of this part, whether or not a
37 contingency budget has been adopted;
38 (B) expenditures resulting from an actual increase in enrollment over
39 the projected enrollment used to develop the school district budget;
40 (C) expenditures from appropriations for gifts or federal grants-in-
41 aid that are added after adoption of the school district budget for the
42 current school year; and
43 (D) expenditures required due to a judgment that has been entered by a
44 court that such district does not provide a sound basic education.
45 § 2. This act shall take effect immediately and shall be deemed to
46 have been in full force and effect on and after April 1, 2005.
47 PART I
48 Section 1. Section 271 of the education law, as amended by chapter 718
49 of the laws of 1981, the opening paragraph and subdivisions 1, 2 and 3
50 as amended by chapter 917 of the laws of 1990, is amended to read as
51 follows:
52 § 271. Apportionment of state aid to Indian libraries. Any Indian
53 library chartered by the regents or in the absence of such library any
54 tribal government contracting for service from a chartered and regis-
S. 991 108 A. 1921
1 tered library or approved library system, shall be entitled to receive
2 state aid during each calendar year consisting of the following amounts:
3 1. Eighteen thousand dollars, [except that in calendar year nineteen
4 hundred ninety-one such sum shall be seventeen thousand five hundred
5 dollars, and except that in calendar year nineteen hundred ninety-two
6 such sum shall be seventeen thousand eight hundred seventy-five
7 dollars,] and
8 2. The sum of eighteen dollars and twenty cents per capita for persons
9 residing on the reservation served by the Indian library or contract as
10 shown by the latest federal census or certified by the New York state
11 director of Indian services, [except that in calendar year nineteen
12 hundred ninety-one such sum shall be seventeen dollars per capita for
13 persons residing on the reservation served by the Indian library or
14 contract as shown by the latest federal census or certified by the New
15 York state director of Indian services, and except that in calendar year
16 nineteen hundred ninety-two such sum shall be seventeen dollars and
17 eighty-seven cents per capita for persons residing on the reservation
18 served by the Indian library or contract as shown by the latest federal
19 census or certified by the New York state director of Indian services,]
20 and
21 3. The sum of one dollar and fifty cents per acre of area served by
22 the Indian library or contract[, except that in calendar year nineteen
23 hundred ninety-one such sum shall be one dollar and thirty cents per
24 acre of area served by the Indian library or contract and except that in
25 calendar year nineteen hundred ninety-two such sum shall be one dollar
26 and thirty-seven cents per acre of area served by the Indian library or
27 contract].
28 Such sums shall be paid annually to the Indian library board of trus-
29 tees for the use of the Indian library, or in the absence of such a
30 board, to the tribal government for a contract for library service.
31 Nothing contained in this section shall be construed to diminish the
32 funds, services or supplies provided to any Indian library by a library
33 system as defined in section two hundred seventy-two of this article.
34 Increases in appropriations for such purposes during a calendar year
35 shall be pro rated.
36 § 2. Subparagraphs 1, 2 and 3 of paragraph j of subdivision 1 of
37 section 272 of the education law, subparagraphs 1 and 2 as amended by
38 chapter 394 of the laws of 1994 and subparagraph 3 as amended by chapter
39 325 of the laws of 2000, are amended to read as follows:
40 (1) In the event that the sum total of local sponsor support raised by
41 local taxation exclusive of the sum raised for capital expenditures for
42 the support of a public library system and participating libraries in a
43 twelve month period is less than ninety-five per centum of the average
44 of the amounts raised for such purposes by local taxation for the two
45 preceding twelve month periods, the state aid to which such library
46 system would otherwise be entitled shall be reduced by twenty-five per
47 centum. Such state aid shall likewise be reduced by twenty-five per
48 centum in the event that the public library system shall refuse after
49 reasonable notice to make provision for the expansion of the area served
50 in accordance with the regulations of the commissioner. Upon receipt of
51 annual systems and participating libraries activity reports satisfactory
52 to the commissioner, the commissioner shall determine the amount of any
53 underpayment or overpayments related to maintenance of effort and shall
54 apply such adjustment to the next annual payment due such library
55 system. In the first year in which any library system changes its
56 reporting from the calendar year to a fiscal year other than the calen-
S. 991 109 A. 1921
1 dar year, it shall file any additional reporting schedules deemed neces-
2 sary by the commissioner for the purpose of determining maintenance of
3 effort as required herein, in order that no period of time shall be
4 exempt from such requirement.
5 (2) In the event that the total sum raised by local taxation, exclu-
6 sive of the sum raised for capital expenditures, for the support of a
7 central library of a public library system in a twelve month period, is
8 less than ninety-five per centum of the average of the amounts raised
9 for such purposes by local taxation for the two preceding twelve month
10 periods, the state aid to which such library system would otherwise be
11 entitled for the development of its central library shall be reduced by
12 twenty-five per centum. Upon receipt of annual central library activity
13 reports satisfactory to the commissioner, the commissioner shall deter-
14 mine the amount of any underpayment or overpayments related to mainte-
15 nance of effort and shall apply such adjustment to the next annual
16 payment due such library system. In the first year in which any library
17 system changes its reporting from the calendar year to a fiscal year
18 other than the calendar year, it shall file any additional reporting
19 schedules deemed necessary by the commissioner for the purpose of deter-
20 mining maintenance of effort as required herein, in order that no period
21 of time shall be exempt from such requirement.
22 (3) The commissioner may waive the requirements of subparagraphs one
23 and two of this paragraph, if the commissioner determines that the
24 application of such subparagraphs would result in excessive hardship for
25 the public library system or central library brought about by an
26 extraordinary change in a local sponsor's economic condition, loss by a
27 local sponsor of state aid to local governments provided under section
28 fifty-four of the state finance law, or by a natural disaster. Such
29 waiver may be granted only one time to each public library system or
30 central library [between the first day of January, two thousand and the
31 thirty-first day of December, two thousand five] within five calendar
32 years. The commissioner may grant such waiver for a period of up to two
33 consecutive calendar years. The commissioner shall report any waivers
34 granted under this subparagraph to the speaker of the assembly, the
35 temporary president of the senate, [and] the chairs of the legislative
36 fiscal committees and the director of the division of the budget.
37 § 3. Section 273 of the education law, as added by chapter 933 of the
38 laws of 1958, subdivisions 1, 4, 6, paragraph b of subdivision 5, and
39 paragraph a of subdivision 7 as amended by chapter 917 of the laws of
40 1990, paragraphs d and m of subdivision 1, paragraph a of subdivision 4
41 and paragraph a of subdivision 6 as amended by chapter 394 of the laws
42 of 1994, subparagraph 1 of paragraph f and subparagraph 2 of paragraph h
43 of subdivision 1 as amended by chapter 625 of the laws of 1991, subpara-
44 graphs 5 and 6 of paragraph f as amended and subparagraph 7 of paragraph
45 f of subdivision 1 as added by chapter 260 of the laws of 1993, subdivi-
46 sion 2 as amended by chapter 193 of the laws of 1972 and as renumbered
47 by chapter 747 of the laws of 1973, subdivision 3 as amended and subdi-
48 vision 5 as added by chapter 718 of the laws of 1981, paragraph b of
49 subdivision 4 as amended by chapter 571 of the laws of 2003, subdivision
50 7 as amended by chapter 37 of the laws of 1986, subdivision 8 as amended
51 by chapter 82 of the laws of 1995, subdivision 9 as added by chapter 524
52 of the laws of 1998 and subdivision 10 as added by chapter 303 of the
53 laws of 2004, is amended to read as follows:
54 § 273. Apportionment of state aid to libraries and library systems.
55 1. Any public library system providing service under an approved plan
S. 991 110 A. 1921
1 during a calendar year shall be entitled to receive during that calendar
2 year state aid consisting of the following amounts:
3 a. An annual grant of:
4 (1) Ten thousand dollars where the library system serves less than one
5 county, or
6 (2) Twenty thousand dollars where the library system serves one entire
7 county, or
8 (3) Where the library system serves more than one county the system
9 shall be entitled to receive twenty-five thousand dollars for each
10 entire county served and/or ten thousand dollars for each county, any
11 part of which is served by the library system. If an entire county is
12 served by two or more library systems, each of which serves a part ther-
13 eof, each of such library systems shall be entitled to receive a grant
14 of ten thousand dollars and in addition, a pro rata share of an addi-
15 tional sum of ten thousand dollars, such share to be computed in accord-
16 ance with the ratio which the population of the area of the county
17 served by such library system bears to the total population of the coun-
18 ty, as determined under subdivision [two] one of section two hundred
19 seventy-two of this article.
20 b. In a library system which submits a plan for further development of
21 its central library, which plan shall be approved by the commissioner in
22 relation to standards for such central libraries, the amount of central
23 library development aid shall be:
24 (1) thirty-two cents per capita of the population within the chartered
25 area of service of such library system with a minimum amount of one
26 hundred five thousand dollars, [except that in calendar year nineteen
27 hundred ninety-one such amount shall be twenty-nine cents per capita of
28 the population within the chartered area of service of such library
29 system with a minimum amount of ninety-five thousand two hundred fifty
30 dollars, and except that in calendar year nineteen hundred ninety-two
31 such amount shall be thirty cents per capita of the population within
32 the chartered area of service of such library system with a minimum
33 amount of one hundred five thousand dollars,] and
34 (2) an additional seventy-one thousand five hundred dollars to the
35 library system for the purchase of books and materials including
36 nonprint materials, as defined in regulations of the commissioner [of
37 education], for its central library[, except that in calendar year nine-
38 teen hundred ninety-one such amount shall be sixty-seven thousand eight
39 hundred dollars. Such additional aid shall be payable on order and
40 warrant of the comptroller on vouchers certified or approved by the
41 commissioner in the manner prescribed by law]. Ownership of library
42 materials and equipment purchased with such central library aid provided
43 by this paragraph shall be vested in the public library system.
44 c. The sum of ninety-four cents per capita of population of the area
45 served [except that in calendar year nineteen hundred ninety-one such
46 amount shall be eighty-seven cents per capita of the area served, and
47 except that in calendar year nineteen hundred ninety-two such amount
48 shall be ninety-two cents per capita of the area served].
49 d. (1) An amount equal to the amount by which expenditures by the
50 library system for books, periodicals, binding and nonprint materials
51 during the preceding fiscal year exceeds forty cents per capita of popu-
52 lation of the area served but the total apportionment pursuant to this
53 subparagraph shall not exceed sixty-eight cents per capita of population
54 served. In the first year in which any library system changes its
55 reporting from the calendar year to a fiscal year other than the calen-
56 dar year, it shall file any additional reporting schedules deemed neces-
S. 991 111 A. 1921
1 sary by the commissioner for the purpose of determining state aid for
2 the calendar year.
3 (2) Each public library system with an automation program to support
4 bibliographic control and interlibrary sharing of information resources
5 of member libraries, and to coordinate and integrate the automated
6 system or systems of such member libraries consistent with regulations
7 of the commissioner, shall be eligible to receive an amount equal to
8 seven percent of the amount earned in subparagraph one of this para-
9 graph, or seventy-six thousand five hundred dollars, whichever is more.
10 e. The sum of fifty-two dollars per square mile of area served by the
11 library system in the case of library systems serving one county or less
12 [except that in calendar year nineteen hundred ninety-one such sum shall
13 be forty-six dollars per square mile of area served by the library
14 system in the case of library systems serving one county or less, and
15 except that in calendar year nineteen hundred ninety-two such sum shall
16 be fifty dollars per square mile of area served by the library system in
17 the case of library systems serving one county or less]. Such sum shall
18 be increased by five dollars for each additional entire county served,
19 provided, however, that no apportionment pursuant to this paragraph
20 shall exceed seventy-two dollars per square mile of area served [except
21 that in calendar year nineteen hundred ninety-one no apportionment
22 pursuant to this paragraph shall exceed sixty-six dollars per square
23 mile of area served, and except that in calendar year nineteen ninety-
24 two no apportionment pursuant to this paragraph shall exceed seventy
25 dollars per square mile of area served]. If an entire county is served
26 by two or more library systems, each of which serves a part thereof,
27 each of such library systems shall be entitled to receive, in addition
28 to the aid computed in accordance with the foregoing provisions of this
29 paragraph, a pro rata share of an increase of five dollars to be
30 computed as follows: the sum resulting from the computation of five
31 dollars per square mile of area served by the one of such library
32 systems which would receive the largest amount of aid pursuant to this
33 paragraph shall be pro rated among the library systems serving such
34 county in accordance with the ratio which the population of the area
35 served by each of such library systems bears to the population of the
36 county as determined under subdivision [two] one of section two hundred
37 seventy-two of this article.
38 f. (1) [In calendar years nineteen hundred ninety-one and nineteen
39 hundred ninety-two, local library incentive aid shall be paid as
40 follows: the amount of eight cents for every one dollar contributed by
41 local sponsors to the approved public library systems and to registered
42 public and free association libraries which are members of a public
43 library system and which conform to regulations adopted by the commis-
44 sioner, except that no library system shall receive a sum which is more
45 than one hundred seven percent greater than the sum received in local
46 library incentive aid in nineteen hundred eighty-three and except that
47 in calendar year nineteen hundred ninety-two no library system shall
48 receive a sum which is more than twenty-two percent greater than the sum
49 received in local library incentive aid in nineteen hundred eighty-
50 eight, and further provided that the aid shall be disbursed according to
51 a plan agreed upon by the public library system board of trustees and
52 the boards of trustees of a majority of the member libraries which shall
53 provide that:
54 (i) at least forty percent of the total amount paid to any public
55 library system under this provision shall be used by the system for
56 systemwide services.
S. 991 112 A. 1921
1 (ii) at least forty percent of the total amount paid to any public
2 library system under this provision shall be distributed to its member
3 public and free association libraries,
4 (2) A "local sponsor" shall mean any municipality, district or school
5 district, as defined in the general municipal law, or any combination
6 thereof.
7 (3) The local sponsor contribution shall be that amount other than
8 funds allocated for capital expenditure or debt service received in any
9 calendar year by a public library system or a public or free association
10 library from such sponsor.
11 (4) Of the annual amount payable under this paragraph, fifty percent
12 shall be paid on July fifteenth and fifty percent on November fifteenth
13 in nineteen hundred ninety-one and in nineteen hundred ninety-two.
14 (5)] Local library services aid. [In calendar year nineteen hundred
15 ninety-three and thereafter, except] Except in cities with a population
16 in excess of one million inhabitants, each chartered and registered
17 public and free association library meeting [revised] standards of
18 service [to be] promulgated by the commissioner, and each public or free
19 association library serving a city with a population of one hundred
20 thousand or more which merged with the public library system on or
21 before January first, nineteen hundred seventy-six and which meets
22 [revised] standards of service [to be] promulgated by the commissioner,
23 shall be eligible to receive annually thirty-one cents per capita of the
24 population of the library's chartered service area as on file with the
25 commissioner on January first[, nineteen hundred ninety-two] of the
26 calendar year for which aid is payable, or, thirty-one cents per capita
27 of the population of the city with a population of one hundred thousand
28 or more whose public or free association library merged with the public
29 library system on or before January first, nineteen hundred seventy-six,
30 with a minimum amount of one thousand five hundred dollars, except that
31 no library shall receive less than the amount of local library [incen-
32 tive] services aid received in [nineteen hundred ninety-one as reported
33 on the library's nineteen hundred ninety-one annual report] two thousand
34 one. Regulations of the commissioner shall provide a method for estab-
35 lishing changes in chartered service areas or determining populations
36 thereof. Local library services aid shall be paid to the system for
37 distribution within thirty days of receipt to its member libraries in
38 accordance with this subdivision. Notwithstanding any contrary
39 provisions of this subparagraph, the commissioner shall establish proce-
40 dures under which a public or free association library may apply for a
41 waiver of the requirements of the [revised] standards of service;
42 provided, however, that any such waivers may only be granted in the same
43 year in which the commissioner has apportioned a reduction adjustment.
44 [(6)] (2) Local services support aid. [In calendar year nineteen
45 hundred ninety-three and thereafter, except] Except in cities with a
46 population in excess of one million inhabitants, each public library
47 system operating under an approved plan of service shall be eligible to
48 receive annually local services support aid equal to two-thirds of the
49 total dollar amount paid in local library services aid to the member
50 libraries of the system plus thirty-one cents per capita of the system's
51 population who do not reside within the chartered service area of a
52 member library.
53 [(7)] (3) Local consolidated systems aid. In [calendar year nineteen
54 hundred ninety-three and thereafter, in] cities with a population in
55 excess of one million inhabitants, each public library system operating
56 under an approved plan of service shall be eligible to receive annually
S. 991 113 A. 1921
1 local consolidated system aid equal to the sum of (i) thirty-one cents
2 per capita of the population served by the system, but not less than the
3 amount of local library incentive aid received in nineteen hundred nine-
4 ty-one as reported on the library's nineteen hundred ninety-one annual
5 report; and (ii) an additional amount equal to two-thirds of the total
6 dollar amount computed for the system pursuant to clause (i) of this
7 subparagraph.
8 g. In addition to the sums otherwise provided in paragraphs a, b, c,
9 d, e, f, h and i of this subdivision, the New York Public Library shall
10 receive an amount equal to its actual expenditures for books, period-
11 icals and binding for its research libraries which expenditures are not
12 otherwise reimbursed or seven hundred sixty-seven thousand dollars
13 [except that in calendar year nineteen hundred ninety-one such sum shall
14 be seven hundred seven thousand dollars and except that in calendar year
15 nineteen hundred ninety-two such sum will be seven hundred forty-seven
16 thousand dollars], whichever is less, and the additional sum of five
17 million six hundred forty-nine thousand six hundred dollars for the
18 general support of such research libraries [except that in calendar year
19 nineteen hundred ninety-one such sum shall be five million two hundred
20 forty-seven thousand six hundred dollars, and except that in calendar
21 year nineteen hundred ninety-two such sum shall be five million six
22 hundred twelve thousand six hundred dollars]. In addition to any other
23 sums provided to such library, the sum of two million dollars shall be
24 payable annually to the New York Public Library for the general support
25 of library services provided by the New York Public Library to the City
26 University of New York and the sum of one million dollars shall be paya-
27 ble annually to the New York Public Library for the general support of
28 its science, industry and business library.
29 h. (1) Coordinated outreach services. Each public library system which
30 provides coordinated outreach services, as defined by regulations to be
31 promulgated by the commissioner, to persons who are educationally disad-
32 vantaged or who are members of ethnic or minority groups in need of
33 special library services, or who are unemployed and in need of job
34 placement assistance, or who live in areas underserved by a library, or
35 who are blind, physically [handicapped,] disabled, have developmental or
36 learning disabilities, or who are aged or confined in institutions,
37 shall be entitled to receive annually forty-three thousand dollars and
38 thirteen cents per capita of the total population of the area served
39 [except that for the calendar year nineteen hundred ninety-one the
40 library shall receive forty-two thousand dollars and eleven and one-half
41 cents per capita and except that for the calendar year nineteen hundred
42 ninety-two the library shall receive forty-three thousand dollars and
43 twelve cents per capita].
44 (2) [For the year beginning January first, nineteen hundred ninety-
45 three and annually thereafter, the] Adult literacy grants. The commis-
46 sioner shall award [annually] annual grants [to each public library
47 system which submits an acceptable plan for library service programs to
48 be carried out by a system and/or a member library or libraries which]
49 for approved expenses for library-based programs conducted by public
50 library systems and public and free association libraries which are
51 members of a public library system to assist adults to increase their
52 literacy skills. The commissioner shall award such grants having deter-
53 mined that such programs are being operated in direct coordination with
54 local public schools, colleges and other organizations which are operat-
55 ing similar adult literacy programs. Annual state aid of two hundred
56 thousand dollars shall be awarded for grants in accordance with regu-
S. 991 114 A. 1921
1 lations promulgated by the commissioner [except that in calendar year
2 nineteen hundred ninety-two such sum shall be one hundred thousand
3 dollars]. Ninety percent of the amount of any such adult literacy grant
4 shall be payable to the library or system upon approval by the depart-
5 ment. The final ten percent shall be payable upon completion of the
6 project.
7 (3) [For the year beginning January first, nineteen hundred ninety-
8 three and annually thereafter the] Family literacy grants. The commis-
9 sioner shall award annual grants for approved expenses for [enriched
10 coordinated outreach] library-based family literacy programs [conducted]
11 for pre-school and school age children and their parents conducted by [a
12 library or libraries] public library systems and public libraries and
13 free association libraries which are members of a public library system.
14 Annual state aid of three hundred thousand dollars for grants shall be
15 [allocated by the commissioner after review of proposals submitted by
16 the public library systems and which are approvable by the commissioner
17 under] awarded in accordance with regulations [to be] promulgated by the
18 commissioner. Ninety percent of the amount of any such family literacy
19 grant shall be payable to the library or system upon approval by the
20 department. The final ten percent shall be payable upon completion of
21 the project.
22 i. In addition to any other sums provided for such purposes, the New
23 York Public Library shall receive annually the sum of seven hundred
24 thirty-four thousand dollars for the program of the Schomburg center for
25 research in black culture [except that in calendar year nineteen hundred
26 ninety-one such sum shall be six hundred eighty-one thousand five
27 hundred dollars, and except that in calendar year nineteen hundred nine-
28 ty-two such sum shall be seven hundred twenty-five thousand dollars],
29 and the additional sum of nine hundred eighty-four thousand dollars for
30 the program of the library for the blind and physically handicapped
31 [except for the calendar year nineteen hundred ninety-one such addi-
32 tional sum shall be eight hundred sixty-one thousand and six hundred
33 dollars for the program of the library for the blind and physically
34 handicapped; provided, however, that the New York Historical Society
35 shall receive fifty thousand dollars for the year beginning January
36 first, nineteen hundred ninety-one, one hundred thousand dollars for the
37 year beginning January first, nineteen hundred ninety-two and two
38 hundred fifty thousand dollars for the year beginning January first,
39 nineteen hundred ninety-three].
40 j. In addition to any other sums provided to such library, the sum of
41 two hundred fifty thousand dollars shall be paid annually to the New
42 York Historical Society for making its library services available to the
43 public.
44 k. In addition to any other sums provided to such library the sum of
45 three hundred fifty thousand dollars shall be [made available] payable
46 annually to the Brooklyn Public Library for its business library for
47 each calendar year.
48 [k.] l. In addition to any other sums provided to such library, one
49 hundred percent of the sum of fifty thousand dollars shall be [made
50 available] payable annually to the Buffalo and Erie County Public
51 Library for a continuity of service project approved by the commissioner
52 for each calendar year.
53 [l.] m. In addition to any other sums provided to such library system,
54 one hundred percent of the sum of thirty thousand dollars shall be [made
55 available] payable annually to the Nassau library system for a continui-
S. 991 115 A. 1921
1 ty of service project approved by the commissioner for each calendar
2 year.
3 [m.] n. The minimum annual grant available to a library system under
4 paragraphs a, c and e and subparagraph [1] one of paragraph d of this
5 subdivision shall be six hundred seventy-five thousand dollars.
6 2. Within the amounts appropriated therefor moneys paid out pursuant
7 to this section shall be paid out of the state treasury on vouchers
8 certified by the commissioner after audit by and upon the warrant of the
9 comptroller.
10 3. The commissioner may waive the requirement that a public library
11 system serve an entire county to earn the maximum annual grant under
12 subparagraphs two and three of paragraph a of subdivision one of this
13 section and paragraphs b, c, e and h of subdivision one of this section
14 where [he] the commissioner deems reasonable effort has been made by the
15 system to encourage membership by all libraries in the county.
16 4. Reference and research library resources system. a. Any reference
17 and research library resources system providing service under an
18 approved plan during a calendar year shall be entitled to receive annual
19 state aid consisting of an annual grant of two hundred seventy thousand
20 dollars plus the sum of one dollar and fifty cents per square mile of
21 area served plus the sum of six cents per capita of the population of
22 the area served [except that in calendar year nineteen hundred ninety-
23 one such annual grant shall be two hundred forty-five thousand dollars
24 plus one dollar and twenty-five cents per square mile of area served
25 plus the sum of five and one-half cents per capita of the population of
26 the area served, and except that in calendar year nineteen hundred nine-
27 ty-two such annual grant shall be two hundred sixty thousand dollars
28 plus one dollar and forty cents per square mile of area served plus the
29 sum of six cents per capita of the population of the area served]. Each
30 system may annually appropriate [the amount of ten thousand dollars or
31 less of the aid] funds received under this provision to obtain matching
32 funds from the National Endowment for the Humanities in the United
33 States Newspaper Program. The annual amount payable to each approved
34 system under this paragraph shall be [paid] payable on July first,
35 provided that, upon receipt of annual system activity reports satisfac-
36 tory to the commissioner, the commissioner shall determine the amount of
37 any under- or overpayments and shall apply such adjustment to the next
38 annual payment due such system.
39 b. The commissioner is hereby authorized to expend up to five hundred
40 six thousand dollars annually in each state fiscal year to provide
41 formula grants to approved reference and research library resources
42 systems for provision of consumer health and medical information
43 services for all types of libraries and library systems. Such grants
44 shall assist libraries in providing access to timely and accurate
45 medical and health information for medical personnel and for the general
46 public. In addition to any other sum provided in this subdivision, each
47 reference and research library resources system providing service under
48 an approved plan with a consumer health and medical library information
49 services program for all types of libraries and library systems shall be
50 eligible to receive an annual formula grant. Such formula grants shall
51 be determined on the basis of criteria to be prescribed by the commis-
52 sioner. The commissioner shall provide the annual amount payable to
53 each approved system under this paragraph in the following manner:
54 (1) Funds shall be available to each reference and research library
55 resources system in such manner as to insure that the ratio of the
56 amount each system is eligible to receive equals the weighted ratio of
S. 991 116 A. 1921
1 the total number of institutions as defined in subparagraph two of this
2 paragraph in the region served by the system to the total number of such
3 institutions in the state.
4 (2) For the purposes of determining the amount of funds available to
5 each system, institutions and their weightings are as follows:
6 (i) not-for-profit hospitals licensed by the New York state health
7 department, with a weighting of two;
8 (ii) for-profit teaching hospitals licensed by the New York state
9 health department, with an additional weighting of one; and
10 (iii) member institutions of a reference and research library
11 resources system, excluding public and hospital libraries, with a
12 weighting of one.
13 c. (1) The commissioner [of education] is hereby authorized to expend
14 up to one million three hundred ninety-six thousand dollars in each
15 state fiscal year to provide formula grants to approved reference and
16 research library resources systems for provision of services to member
17 hospital libraries in not-for-profit hospitals licensed by the New York
18 state health department, or to member libraries serving such hospitals
19 [which are located in non-rural areas or rural areas except that in
20 calendar year nineteen hundred ninety-one such annual grants shall be
21 one million three hundred thirty-one thousand dollars to provide grants
22 to reference and research library resources systems for provision of
23 services to member hospital libraries in not-for-profit hospitals
24 licensed by the New York state health department, or the libraries serv-
25 ing such hospitals which are located in non-rural areas or rural areas.
26 For the purpose of this program, the commissioner shall define rural
27 area on the basis of population, population density, and population
28 characteristics]. Such formula grants shall be determined on the basis
29 of criteria to be developed by the commissioner [including specific
30 reference to five year plans to] and shall assist member hospital
31 libraries or member libraries serving hospitals in meeting the standards
32 established by the regents in accordance with section two hundred
33 fifty-four of this article[, to provide]. Such formula grants shall
34 support integration of member hospital libraries or member libraries
35 serving hospitals into existing networks [and to increase the number of
36 member hospital libraries or libraries serving hospitals].
37 (2) The commissioner shall provide grants to the reference and
38 research library resources systems in the following manner:
39 (a) an amount equal to seventy-five cents per square mile of area
40 served by the reference and research library resource system in further-
41 ance of the purposes of this paragraph, and
42 (b) the remainder for library services to hospitals [in non-rural or
43 rural areas] in accordance with regulations of the commissioner adopted
44 for such purpose.
45 5. Coordinated collection development program for public and nonprofit
46 independent colleges and universities.
47 a. Libraries of public and nonprofit independent colleges and univer-
48 sities are entitled to receive annual funding for a coordinated
49 collection development grant if they meet the following conditions:
50 (1) Membership in a reference and research library resources system,
51 (2) Their resources are made available to the public, through full
52 participation in the interlibrary loan and other resource sharing
53 programs of the reference and research library resources system of which
54 they are members, and
55 (3) They meet the requirements set forth in regulations adopted by the
56 commissioner [of education] including but not confined to
S. 991 117 A. 1921
1 (a) maintenance of effort,
2 (b) relationships between reference and research library resources
3 systems' programs and the regional higher education master plan,
4 (c) submission of interlibrary loan statistics, and such other reports
5 as may be required by the commissioner.
6 b. Public [community colleges] and nonprofit independent colleges and
7 universities with libraries which meet the criteria of paragraph a of
8 this subdivision are eligible for annual grants as follows:
9 (1) Four thousand four hundred dollars for each institution, [except
10 that in calendar years nineteen hundred ninety-one and nineteen hundred
11 ninety-two such amount shall be four thousand three hundred dollars for
12 each institution,] and
13 (2) One dollar and four cents for each full-time equivalent student
14 enrolled in each qualifying institution, in the academic year completed
15 prior to the state fiscal year [except that in calendar year nineteen
16 hundred ninety-one such amount shall be eighty-six cents for each full-
17 time equivalent student and except that in calendar year nineteen
18 hundred ninety-two such amount shall be one dollar for each full-time
19 equivalent student]. For purposes of this section, a full-time equiv-
20 alent shall be calculated as follows:
21 (i) one full-time undergraduate student shall be considered one full-
22 time equivalent student;
23 (ii) one part-time undergraduate student shall be considered one-third
24 of a full-time equivalent student;
25 (iii) one part-time graduate student shall be considered one full-time
26 equivalent student; and
27 (iv) one full-time graduate student shall be considered one and one-
28 half of a full-time equivalent student.
29 c. Funds for the support of this program shall be appropriated to the
30 [state education] department, except that [commencing with the fiscal
31 year beginning April first, nineteen hundred eighty-two] funds for the
32 state-operated institutions of the state university of New York and the
33 senior colleges of the city university of New York, shall be appropri-
34 ated to the state university of New York out of any moneys in the state
35 treasury in the general fund to the credit of the state purposes fund
36 not otherwise appropriated, and funds shall be appropriated to the city
37 university of New York out of any moneys in the state treasury in the
38 general fund to the credit of the local assistance fund not otherwise
39 appropriated, and shall be subject to the same distribution formula as
40 provided in paragraph b of this subdivision. [For the fiscal year
41 commencing April first, nineteen hundred eighty-one the state education
42 department shall make grants to the state university of New York and the
43 city university of New York for the purposes of this subdivision, and
44 such funds shall be distributed in accordance with the formula contained
45 in paragraph b of this subdivision.]
46 6. Regional bibliographic data bases and interlibrary resources shar-
47 ing. a. The commissioner shall award annually to each of the approved
48 nine reference and research library resources systems, from funds appro-
49 priated by the legislature[, upon submission of an acceptable annual
50 plan, a] for an annual grant for an automation program (i) to support
51 bibliographic control and interlibrary sharing of information resources
52 among all types of libraries and library systems in an area not less
53 than that of a reference and research library resources system, and (ii)
54 to coordinate and integrate the automated [circulation system or]
55 systems of the component member public library system or systems, school
56 library system or systems and other automated systems within the area of
S. 991 118 A. 1921
1 the reference and research library resources system. [In calendar year
2 nineteen hundred ninety-three, and thereafter, each] Each reference and
3 research library resources system of such region shall be entitled to an
4 annual grant of two hundred thousand dollars plus the sum of two cents
5 per capita of the population served. [In calendar year nineteen hundred
6 ninety-one and in calendar year nineteen hundred ninety-two, each refer-
7 ence and research library resources system shall be entitled to a grant
8 equal to the total nineteen hundred eighty-nine calendar year grants to
9 the region in which the reference and research library resources system
10 is located.]
11 b. To be eligible for a grant, [a five-year plan for a regional
12 library automation program shall be submitted by the] each reference and
13 research library resources system [acting with the concurrence of all
14 systems within the region. Each annual plan submitted under paragraph a
15 of this subdivision shall be consistent with the applicable regional
16 five-year plan with respect to the description of a comprehensive auto-
17 mation program and indentification of sources of program support in
18 addition to the state aid funds requested. The approval and modification
19 of five-year plans shall be in accordance with] shall meet the require-
20 ments set forth in regulations [to be developed] adopted by the commis-
21 sioner which shall [establish] include standards relating to library
22 automation, continuous development of the data base, and updating,
23 access and linking of the data base [program] programs. Each reference
24 and research library resources system shall include in its approved plan
25 of service a description of a regional library automation program, which
26 shall include all library systems in the region that are members of the
27 reference and research library resources system.
28 [c. In accordance with regulations adopted by the commissioner, a pub-
29 lic library system or a reference and research library resources system
30 is authorized to enter into contracts with the state education depart-
31 ment to provide cooperative services for statewide data base develop-
32 ment, data communication and document delivery.]
33 7. Conservation and preservation of library research materials. a. The
34 commissioner [may] shall award in any state fiscal year an annual grant
35 of one hundred twenty-six thousand dollars for a program of conservation
36 and/or preservation of library research materials to each of the follow-
37 ing comprehensive research libraries: Columbia university libraries,
38 Cornell university libraries, New York state library, New York universi-
39 ty libraries, university of Rochester libraries, Syracuse university
40 libraries, the research libraries of the New York public library, state
41 university of New York at Albany library, state university of New York
42 at Binghamton library, state university of New York at Buffalo library,
43 and state university of New York at Stony Brook library [except that in
44 calendar year nineteen hundred ninety-one such amount shall be one
45 hundred two thousand five hundred dollars to each of the comprehensive
46 research libraries and except that in calendar year nineteen hundred
47 ninety-two such amount shall be one hundred fifteen thousand dollars].
48 b. To be eligible for such grants, each such comprehensive research
49 library must submit both a five-year plan and an annual program budget.
50 The plan must satisfy criteria to be established by the commissioner in
51 regulations relating to the identification of library research materi-
52 als, the need for their preservation, and the means of their conserva-
53 tion.
54 c. Additional grants, the sum of which shall not exceed three hundred
55 fifty thousand dollars in any state fiscal year, may be made to any or
56 all of the eleven comprehensive research libraries for preservation
S. 991 119 A. 1921
1 and/or conservation of library research materials on the basis of
2 project proposals. Approval of such proposals, and determination of
3 funding level, shall be based upon their contribution to development of
4 cooperative programs and/or facilities for conservation and/or preserva-
5 tion works in the state, including but not limited to such factors as:
6 institutional commitment to development of a collective capacity and
7 coordinated approach to conservation and preservation of research mate-
8 rials important to the people of the state; research value of materials
9 to be preserved and/or conserved; appropriateness of conservation and
10 preservation techniques in accordance with statewide planning and
11 national standards; institutional capacity for successful completion of
12 the project, including facilities, experience, and technical expertise;
13 availability of staff with appropriate training and expertise; contrib-
14 ution of the institution to the project in matching funds and staff
15 resources; and volume of interlibrary lending and access to holdings by
16 the public. Ninety percent of each such grant shall be payable upon
17 approval by the department and the remaining ten percent shall be paya-
18 ble upon project completion.
19 d. Other agencies and libraries, as defined in regulations promulgated
20 by the commissioner, which are not eligible for funding under paragraph
21 a of this subdivision, may receive separate grants the sum of which
22 shall not exceed five hundred thousand dollars in any state fiscal year
23 to support the preservation and/or conservation of unique library
24 research materials. Such agencies and libraries shall submit proposals
25 which shall be evaluated and determinations of approval and funding
26 shall be made on the same basis set forth in paragraph c of this subdi-
27 vision. Ninety percent of each such grant shall be payable upon
28 approval by the department and the remaining ten percent shall be paya-
29 ble upon project completion.
30 e. Funds made available under the provisions of this section may be
31 used by comprehensive research libraries and other agencies eligible for
32 funding to obtain matching funds from the national endowment for the
33 humanities preservation program.
34 f. The commissioner shall establish an office for coordination of
35 conservation and/or preservation of library research materials to iden-
36 tify the conservation and/or preservation needs of libraries within the
37 state, to assess the technology available for such conservation and
38 preservation, and to coordinate the conservation and preservation
39 efforts resulting from this legislation. [The commissioner shall also
40 establish an advisory council on conservation and preservation to assist
41 in the development and operation of this program.]
42 8. New York state talking book and braille library. The New York state
43 talking book and braille library shall be entitled to receive annually
44 an amount equal to the product of the aid ceiling multiplied by the
45 number of registered borrowers of such materials of such library as of
46 the November report for the November immediately preceding the state
47 fiscal year for which the payment will be made. Such amount shall be
48 used to improve the quality of services provided to such borrowers. For
49 aid payable in each state fiscal year, the aid ceiling per registered
50 borrower shall be nineteen dollars. Notwithstanding any other provision
51 of law, the New York state talking book and braille library shall be the
52 successor in interest to the New York state library for the blind and
53 visually handicapped for all purposes, or the library for the blind and
54 physically handicapped, and the change in name shall not affect the
55 rights or interests of any party. Except where the context indicates a
56 contrary intent, any reference in any other general or special law to
S. 991 120 A. 1921
1 the New York state library for the blind and visually handicapped or the
2 library for the blind and physically handicapped shall be deemed a
3 reference to the New York state talking book and braille library.
4 9. State aid for a coordinated program of library and archival
5 services at The Center for Jewish History, Inc. a. In addition to any
6 other sums provided to The Center for Jewish History, Inc., the commis-
7 sioner shall award in any state fiscal year an annual grant of two
8 hundred thousand dollars for a coordinated program of library and
9 archival services that will increase public access to the library and
10 archival collections of The Center for Jewish History, Inc. and its
11 member institutions.
12 b. The Center for Jewish History, Inc. is hereby admitted to the
13 University of the State of New York and shall, as a condition of contin-
14 ued receipt of aid, maintain such status in accordance with regulations
15 of the commissioner. Such regulations may include submission of a five-
16 year plan and annual program budget.
17 10. State aid for summer reading programs. The commissioner is hereby
18 authorized to expend the funds of the love your library fund, estab-
19 lished in section ninety-nine-l of the state finance law, which shall
20 provide grants for participation in statewide summer reading programs as
21 coordinated by the state library to public library systems on the basis
22 of criteria to be developed by the commissioner. Upon a determination by
23 the commissioner that there is adequate revenue available for a grant
24 program in the upcoming fiscal year, grants shall be awarded as follows:
25 a. sixty percent of the funds appropriated pursuant to this section
26 shall be made available to public library systems for use by member
27 libraries by the commissioner in such manner as to insure that the ratio
28 of the amount received within each system to the whole of the aid made
29 available pursuant to this paragraph is no greater than the ratio of the
30 population served by such system to the population of the state; and
31 b. forty percent of the funds appropriated pursuant to this section
32 shall be made available to library systems for use by their member
33 libraries within each system by the commissioner in such manner as to
34 insure that an equal amount is received within each system in the state.
35 § 4. Subdivision 1 of section 273-a of the education law, as amended
36 by chapter 572 of the laws of 2003, is amended to read as follows:
37 1. State aid shall be provided for up to fifty percent of the total
38 project approved costs, excluding feasibility studies, plans or similar
39 activities, for projects for the acquisition, construction, renovation
40 or rehabilitation, including leasehold improvements, of buildings of
41 public libraries and library systems chartered by the regents of the
42 state of New York or established by act of the legislature subject to
43 the limitations provided in subdivision four of this section and upon
44 approval by the commissioner. For purposes of this subdivision, an
45 amount of eight hundred thousand dollars shall be available for each
46 calendar year. Aid shall be provided on approved expenses incurred
47 during the period commencing July first and ending June thirtieth for up
48 to three years, or until the project is completed, whichever occurs
49 first. Ninety percent of such aid shall be payable to each system upon
50 approval of the annual application. The remaining ten percent shall be
51 payable upon project completion.
52 § 5. Section 284 of the education law, as amended by chapter 37 of the
53 laws of 1986 and subdivision 1 as amended by chapter 625 of the laws of
54 1991, is amended to read as follows:
55 § 284. State aid for school library systems. 1. Each school library
56 system established pursuant to section two hundred eighty-two of this
S. 991 121 A. 1921
1 [article] part and operating under a plan approved by the commissioner
2 shall be eligible to receive funding under this section consisting of
3 the following amounts:
4 a. Each school library system with a public and nonpublic school
5 enrollment of less than one hundred thousand students shall receive a
6 base grant of eighty-three thousand dollars [except that in nineteen
7 hundred ninety-one each school library system with a public and nonpub-
8 lic school enrollment of less than one hundred thousand students shall
9 receive a base grant of seventy-seven thousand dollars];
10 b. Each school library system with a public and nonpublic school
11 enrollment of one hundred thousand students but less than two hundred
12 thousand students shall receive a base grant of ninety thousand dollars
13 [except that in nineteen hundred ninety-one each school library system
14 with a public and nonpublic school enrollment of one hundred thousand
15 students but less than two hundred thousand students shall receive a
16 base grant of eighty-seven thousand dollars];
17 c. Each school library system with a public and nonpublic school
18 enrollment of two hundred thousand students but less than five hundred
19 thousand students shall receive a base grant of one hundred twenty-three
20 thousand dollars [except that in nineteen hundred ninety-one each school
21 library system with a public and nonpublic school enrollment of two
22 hundred thousand students but less than five hundred thousand students
23 shall receive a base grant of one hundred seventeen thousand dollars];
24 and
25 d. Each school library system with a public and nonpublic school
26 enrollment of more than five hundred thousand students shall receive a
27 base grant of eight hundred ninety-seven thousand dollars.
28 e. In addition to the base grant provided in paragraph a, b, c or d of
29 this subdivision, each school library system shall receive annually:
30 (1) twenty-nine cents per student enrolled in the [participating]
31 public and nonpublic schools [comprising] located within such system,
32 [except that in nineteen hundred ninety-one such sum shall be twenty-one
33 cents per student enrolled, and except that in nineteen hundred ninety-
34 two such sum shall be twenty-four cents per student enrolled,] and
35 (2) five hundred dollars per [participating] public school district
36 [comprising] located within such system, [except that in nineteen
37 hundred ninety-one such sum shall be three hundred seventy-five dollars
38 per participating public school district, and except that in nineteen
39 hundred ninety-two such sum shall be four hundred dollars per partic-
40 ipating public school district, and in nineteen hundred ninety-one there
41 be] and a minimum of four thousand three hundred dollars per system
42 located within a board of cooperative educational services area, or five
43 thousand dollars per city school district of a city with a population of
44 one hundred twenty-five thousand inhabitants or more, and [that in nine-
45 teen hundred ninety-two and thereafter there be a minimum of four thou-
46 sand five hundred dollars per system located within a board of cooper-
47 ative educational services area, or five thousand dollars per city
48 school district of a city with a population of one hundred twenty-five
49 thousand inhabitants or more, and]
50 (3) two dollars and forty-five cents per square mile of the school
51 library system[, except that in nineteen hundred ninety-one such sum
52 shall be two dollars and twenty cents per square mile and except that in
53 nineteen hundred ninety-two such sum shall be two dollars and thirty
54 cents per square mile].
55 f. In addition to any other sum provided in this subdivision, any
56 school library system [which has merged] formed through an act of merger
S. 991 122 A. 1921
1 since January first, nineteen hundred eighty-four shall receive fifty
2 thousand dollars annually for each approved act of merger.
3 g. In addition to any other sum provided in this subdivision, [in
4 nineteen hundred ninety-three and thereafter,] each school library
5 system shall be eligible to receive annually an automation grant amount-
6 ing to ten percent of the total aid produced for that system by adding
7 the base grant provided by paragraph a, b, c or d of this subdivision to
8 the additional aid provided by paragraphs e and f of this subdivision[,
9 except that in nineteen hundred ninety-one each school library system
10 shall receive an automation grant amounting to one and six tenths
11 percent of the total aid produced for that system by adding the base
12 grant provided by paragraph a, b, c or d of this subdivision to the
13 additional aid provided by paragraphs e and f of this subdivision, and
14 except that in nineteen hundred ninety-two each school library system
15 shall receive an automation grant amounting to three percent of the
16 total aid].
17 2. Before a school library system shall be entitled to receive operat-
18 ing funds, such system shall submit a plan of library service to the
19 commissioner for approval. The commissioner shall establish standards of
20 service for school library systems by regulation. Such regulations shall
21 contain standards relating to: system staffing; union catalog and data-
22 base development; interlibrary loan; communications and delivery; gover-
23 nance and advisory committees; membership criteria and the means of
24 relating district library resources and programs to those of the system;
25 non-public school participation; and procedures for submission and
26 approval of plans and certification of membership.
27 3. The moneys made available pursuant to this section shall be
28 distributed to each school library system whose plan of service has been
29 approved under the provisions of subdivision two of this section.
30 4. Each school library system receiving state aid pursuant to this
31 section shall furnish such information regarding its library service as
32 the commissioner may from time to time require to determine whether it
33 is operating in accordance with its plan and the standards of service
34 [he] the commissioner has established. The commissioner may at any time
35 after affording notice and an opportunity to be heard, revoke approval
36 of a plan of library service if [he] the commissioner finds that the
37 school library system no longer conforms to its approved plan, the
38 provisions of this section or the regulations promulgated by the commis-
39 sioner hereunder; or, in the case of provisional approval, if such
40 school library system no longer conforms to the agreement, plans or
41 conditions upon which such provisional approval was based. In such case
42 a school library system shall not thereafter be entitled to state aid
43 pursuant to this section unless and until its plan of library service is
44 again approved by the commissioner.
45 § 6. Section 285 of the education law, as amended by chapter 917 of
46 the laws of 1990, is amended to read as follows:
47 § 285. State aid for cooperation with correctional facilities. 1.
48 Each public library system operating under an approved plan of service
49 which has a state correctional facility or facilities within its area of
50 service shall be awarded [a] an annual grant of nine dollars twenty-five
51 cents per capita for the inmate population of such facility or facili-
52 ties [upon the approval by the commissioner of a plan of service, nego-
53 tiated between the area correctional facilities libraries and the corre-
54 sponding library systems] to make available to the inmate population of
55 such facility or facilities, in direct coordination with the correction-
56 al facilities libraries, the library resources of such system. [Plans
S. 991 123 A. 1921
1 shall also include organizing and providing evaluation and accountabil-
2 ity procedures and records for each region.] The commissioner shall
3 adopt any regulations necessary to carry out the purposes and provisions
4 of this subdivision.
5 2. The commissioner is authorized to expend up to one hundred seven-
6 ty-five thousand dollars annually to provide grants to public library
7 systems operating under an approved plan of service for provision of
8 services to county jail facilities. Such grants shall be determined on
9 the basis of a formula and criteria to be developed by the commissioner.
10 The commissioner shall adopt any regulations necessary to carry out the
11 purposes and provisions of this subdivision.
12 § 7. This act shall take effect immediately and shall be deemed to
13 have been in full force and effect on and after April 1, 2005; provided,
14 however, that the amendments made to subparagraph 3 of paragraph j of
15 subdivision 1 of section 272 of the education law by section two of this
16 act shall not affect the repeal of such subparagraph pursuant to chapter
17 386 of the laws of 1996, as amended and shall be deemed repealed there-
18 with.
19 PART J
20 Section 1. The education law is amended by adding a new section 236-a
21 to read as follows:
22 § 236-a. Public broadcasting facilities assistance program. 1. Estab-
23 lish program. There is hereby established within the department a
24 public broadcasting facilities assistance program to be administered
25 according to the provisions of this section.
26 2. Purpose. The purpose of this program is to provide financial
27 assistance to public broadcasting stations in New York state to encour-
28 age rehabilitation, acquisition, construction, and maintenance of their
29 capital facilities and equipment to ensure that the social, educational,
30 recreational and economic benefits of such organizations are enhanced.
31 3. Eligibility. a. Any public television or public radio station,
32 incorporated in accordance with this article, is eligible to apply for
33 this program.
34 b. Any project or plan of capital improvement, including the acquisi-
35 tion, design, construction, reconstruction, rehabilitation, preserva-
36 tion, development, improvement or modernization of facilities and equip-
37 ment and other physical assets of public broadcasting stations is
38 eligible for funding under this program, provided that the provision in
39 paragraph c of this subdivision is met. Notwithstanding any provisions
40 of law to the contrary, eligible project costs for purposes of the capi-
41 tal improvement project grants program pursuant to this section may
42 include, but not be limited to, the actual costs of design, financing,
43 site acquisition and preparation, demolition, construction and rehabili-
44 tation of structures, equipment, parking and other related facilities.
45 c. Eligibility for the capital improvement project grants shall be
46 limited to projects that provide for matching non-state funds in an
47 amount at least equal to the state grant being requested.
48 4. Allocation of aid. A public broadcasting station may apply for an
49 initial aid allocation from the total amount appropriated for the
50 purposes of this section, up to a maximum allocation equal to the prod-
51 uct of the amount appropriated for the purpose of this section multi-
52 plied by the percentage such station received from the two thousand
53 four--two thousand five appropriation for state operating aid to public
54 broadcasting stations. Any remaining funds following initial allocations
S. 991 124 A. 1921
1 shall be distributed to support eligible public broadcasting capital
2 improvement projects according to a plan developed by the commissioner
3 and approved by the division of the budget.
4 5. Capital improvement project grants. a. Subject to the provisions of
5 chapter fifty-nine of the laws of two thousand, but notwithstanding any
6 provisions of law to the contrary, one or more authorized issuers as
7 defined by section sixty-eight-a of the state finance law are hereby
8 authorized to issue bonds or notes in one or more series in an aggregate
9 principal amount not to exceed fifteen million dollars, excluding bonds
10 issued to finance one or more debt service reserve funds, to pay costs
11 of issuance of such bonds, and bonds or notes issued to refund or other-
12 wise repay such bonds or notes previously issued, for the purpose of
13 financing approved capital improvement project grants for public broad-
14 casting stations in New York state; and to reimburse the state general
15 fund for disbursements made therefor. Such bonds and notes of such
16 authorized issuer shall not be a debt of the state, and the state shall
17 not be liable thereon, nor shall they be payable out of any funds other
18 than those appropriated by the state to such authorized issuer for debt
19 service and related expenses pursuant to any service contract executed
20 pursuant to paragraph b of this subdivision and such bonds and notes
21 shall contain on the face thereof a statement to such effect. Except for
22 purposes of complying with the internal revenue code, any interest
23 income earned on bond proceeds shall only be used to pay debt service on
24 such bonds.
25 b. Notwithstanding any provisions of law to the contrary, in order to
26 assist such authorized issuer in undertaking the administration and
27 financing of the projects authorized pursuant to paragraph a of this
28 subdivision, the director of the budget is hereby authorized to enter
29 into one or more service contracts with such authorized issuer; none of
30 which shall exceed more than twenty years in duration, upon such terms
31 and conditions as the director of the budget and such authorized issuer
32 agree, so as to annually provide to such authorized issuer, in the
33 aggregate, a sum not to exceed the annual debt service payments and
34 related expenses required for the bonds and notes issued pursuant to
35 this subdivision. Any service contract entered into pursuant to this
36 paragraph shall provide that the obligation of the state to pay the
37 amount therein provided shall not constitute a debt of the state within
38 the meaning of any constitutional or statutory provision and shall be
39 deemed executory only to the extent of monies available and that no
40 liability shall be incurred by the state beyond the monies available for
41 such purposes, subject to annual appropriation by the legislature. Any
42 such contract or any payments made or to be made thereunder may be
43 assigned or pledged by such authorized issuer as security for its bonds
44 and notes, as authorized by this subdivision.
45 6. Certification. The commissioner shall certify, by December thirti-
46 eth, two thousand five and each year thereafter, to such issuer and the
47 director of the budget, each public broadcasting station for which he or
48 she has approved a capital improvement project grant pursuant to this
49 section, and such other certifications and information regarding such
50 project requested by such authorized issuer as is necessary for the
51 issuance of bonds, notes, or other obligations, pursuant to this section
52 and the amount of that grant.
53 7. Report. On or before November fifteenth of each year, the commis-
54 sioner shall submit, and thereafter may resubmit, to the director of the
55 budget, the state comptroller, the chair of the senate finance committee
56 and the chair of the assembly ways and means committee a report setting
S. 991 125 A. 1921
1 forth the amounts, if any, of all annual payments estimated to be appro-
2 priated to the authority pursuant to such service contracts between the
3 issuer and the director of the division of the budget pursuant to this
4 section.
5 § 2. This act shall take effect immediately and shall be deemed to
6 have been in full force and effect on and after April 1, 2005, and shall
7 expire March 31, 2007 when upon such date the provisions of this act
8 shall be deemed repealed.
9 PART K
10 Section 1. The state finance law is amended by adding a new section
11 97-eeee to read as follows:
12 § 97-eeee. Tenured teacher hearing account. 1. There is hereby estab-
13 lished in the joint custody of the state comptroller and the commission-
14 er of the department of taxation and finance an account of the miscella-
15 neous special revenue fund to be known as the "tenured teacher hearing
16 account".
17 2. Notwithstanding any other law, rule or regulation to the contrary,
18 the state comptroller is hereby authorized and directed to receive for
19 deposit to the credit of the tenured teacher hearing account, charge-
20 backs to school districts, boards of cooperative educational services,
21 and county vocational education and extension boards or other employing
22 boards, in accordance with paragraph d of subdivision three of section
23 three thousand twenty-a of the education law for the costs of tenured
24 teacher hearings.
25 3. Moneys of this account, following appropriation by the legislature,
26 shall be available to the state education department for services and
27 expenses incurred for administration of tenured teacher hearings pursu-
28 ant to section three thousand twenty-a of the education law.
29 § 2. Subparagraph (i) of paragraph c of subdivision 3 of section
30 3020-a of the education law, as amended by chapter 691 of the laws of
31 1994, is amended to read as follows:
32 (i) The commissioner [of education] shall have the power to establish
33 necessary rules and procedures for the conduct of hearings under this
34 section. Such rules shall not require compliance with technical rules
35 of evidence. Hearings shall be conducted by the hearing officer
36 selected pursuant to paragraph b of this subdivision with full and fair
37 disclosure of the nature of the case and evidence against the employee
38 by the employing board and shall be public or private at the discretion
39 of the employee. The employee shall have a reasonable opportunity to
40 defend himself or herself and an opportunity to testify in his or her
41 own behalf. The employee shall not be required to testify. Each party
42 shall have the right to be represented by counsel, to subpoena
43 witnesses, and to cross-examine witnesses. All testimony taken shall be
44 under oath which the hearing officer is hereby authorized to administer.
45 A competent stenographer, designated by the commissioner [of education]
46 and compensated by the [state education] department, shall keep and
47 transcribe a record of the proceedings at each such hearing. A copy of
48 the transcript of the hearings shall, upon request, be furnished without
49 charge to the employee [and the board of education] involved and shall
50 be furnished to the employing board.
51 § 3. Subdivision 3 of section 3020-a of the education law is amended
52 by adding a new paragraph d to read as follows:
53 d. Chargeback for hearing costs. (i) Notwithstanding any other
54 provision of law to the contrary, commencing with expenses paid on or
S. 991 126 A. 1921
1 after April first, two thousand five, the actual hearing costs incurred
2 by the department for the conduct of each hearing pursuant to this
3 section, including, but not limited to, the compensation and expenses of
4 hearing officers and stenographers and the costs of transcription and
5 the copying of transcripts for the school district or employing board
6 and the employee, plus a share of the related administrative costs
7 incurred by the department to implement this section to be determined
8 pursuant to a cost allocation plan developed by the commissioner and
9 approved by the director of the budget, shall be a charge upon the
10 school district or employing board that initiated the hearing and the
11 commissioner shall recover such amount in an appropriate manner includ-
12 ing as a chargeback against state aid due the school district or employ-
13 ing board.
14 (ii) The commissioner shall certify the amount of the chargeback due
15 from the school district or employing board to the state comptroller and
16 the state comptroller shall withhold such amount from any moneys due
17 such school district or employing board and shall credit such amount to
18 the tenured teacher hearing account.
19 § 4. This act shall take effect immediately and shall be deemed to
20 have been in full force and effect on and after April 1, 2005.
21 PART L
22 Section 1. Articles 21 and 23-A and section 4210 of the education law
23 are REPEALED.
24 § 2. The labor law is amended by adding a new article 32 to read as
25 follows:
26 ARTICLE 32
27 VOCATIONAL REHABILITATION
28 Section 1000. Definitions.
29 1001. Application for vocational rehabilitation.
30 1002. Powers and duties of the department.
31 1003. Sheltered workshops for the mentally retarded, mentally
32 ill and severely physically handicapped.
33 1004. Integrated employment opportunities for individuals with
34 severe disabilities.
35 1005. Gifts and donations.
36 1006. Acceptance of law of the United States.
37 1007. Vocational rehabilitation records.
38 1008. Use of appropriations.
39 1009. Aid for blind or deaf students.
40 § 1000. Definitions. As used in this article:
41 1. "Handicapped person" means any person who in the judgment of the
42 department is under a physical or mental disability which constitutes a
43 substantial handicap to employment but which is of such a nature that
44 vocational rehabilitation services may reasonably be expected to render
45 him or her fit to engage in gainful employment, and also any person
46 under a physical or mental disability which constitutes a substantial
47 handicap to employment and for whom vocational rehabilitation services
48 are necessary to ascertain his or her rehabilitation potential.
49 2. "Person who is under a physical or mental disability" means an
50 individual who has a physical or mental condition which in the judgment
51 of the department limits, contributes to limiting, or, if not corrected,
52 will result in limiting his or her activities or functioning.
S. 991 127 A. 1921
1 3. "Substantial handicap to employment" means that a physical or
2 mental disability (in the light of attendant medical, psychological,
3 vocational, educational, cultural, social or environmental factors)
4 impedes an individual's occupational performance, by preventing his or
5 her obtaining, retaining, or preparing for a gainful occupation consist-
6 ent with his or her capacities and abilities.
7 4. "Gainful occupation" includes any employment for which a compen-
8 sation is paid either in goods and/or in services; practice of a profes-
9 sion; self-employment; homemaking, farm or family work (including work
10 for which payment is in kind rather than in cash); sheltered employment;
11 and home industries or other gainful homebound work.
12 5. "Vocational rehabilitation services" means:
13 (a) Any goods and services necessary to render a handicapped person
14 fit to engage in a gainful occupation and includes:
15 (1) Evaluation, including diagnostic and related services;
16 (2) Counseling and guidance;
17 (3) Training;
18 (4) Placement;
19 (5) Reader service where necessary for individuals who are visually
20 handicapped and interpreter services in the case of individuals who are
21 deaf;
22 (6) Attendants and amanuenses where required;
23 (7) Occupational and business licenses;
24 (8) Books, training supplies and fees;
25 (9) Transportation;
26 (10) Physical restoration services;
27 (11) Maintenance payments to cover the handicapped person's expenses
28 essential to achievement of his or her vocational rehabilitation objec-
29 tive;
30 (12) Tools, equipment, initial stocks and supplies;
31 (13) Training allowances which may be paid to individuals receiving
32 training and related services in public and other workshops and rehabil-
33 itation facilities to the extent that funds may be made available for
34 this purpose;
35 (14) Other goods and services, not enumerated in this subdivision,
36 necessary to render a handicapped person fit to engage in a gainful
37 occupation.
38 (b) The establishment of rehabilitation facilities for handicapped
39 persons; the establishment of workshops for the severely handicapped;
40 and the staffing of workshops for the severely handicapped so that work-
41 shops may be established, extended, improved or continued.
42 6. "Physical restoration services" mean those medical and medically
43 related services which are necessary to correct or substantially modify
44 within a reasonable period of time a physical or mental condition which
45 is stable or slowly progressive and which constitutes a substantial
46 handicap to employment, and includes, but is not limited to:
47 (a) corrective surgery or therapeutic treatment;
48 (b) necessary hospitalization in connection with surgery or treatment
49 specified in paragraph (a) of this subdivision;
50 (c) prosthetic devices essential to obtaining or retaining employment;
51 and
52 (d) other necessary medical or medically related services.
53 7. "Rehabilitation facility" means a facility, operated for the prin-
54 cipal purpose of assisting in the rehabilitation of handicapped persons
55 and
56 (a) provides one or more than one of the following types of services:
S. 991 128 A. 1921
1 (1) prevocational or conditioning therapy;
2 (2) adjustment training;
3 (3) testing, fitting or training in the use of prosthetic devices;
4 (4) physical or occupational therapy;
5 (5) evaluation, treatment or control of special disabilities; or
6 (b) through which is provided an integrated program of medical,
7 psychological, social and vocational evaluation and services under
8 appropriate professional supervision, provided that the major portion of
9 such evaluation and services is furnished within the facility, and that
10 all medical and related health services are prescribed by and are under
11 the supervision of persons licensed to practice medicine in the state.
12 8. "Workshop" means a place where any manufacture or handiwork is
13 carried on and which is operated for the principal purpose of providing
14 gainful employment to severely handicapped persons (a) as an interim
15 step in the rehabilitation process for those who cannot be absorbed in
16 the competitive labor market; or (b) during such time as employment
17 opportunities for them in the competitive labor market do not exist.
18 9. "Establishment of a workshop" or "rehabilitation facility" means:
19 (a) In the case of a workshop, the expansion, remodeling, or alter-
20 ation of existing buildings, necessary to adapt such buildings to work-
21 shop purposes or to increase the employment opportunities in workshops,
22 and the acquisition of initial equipment necessary for new workshops or
23 to increase the employment opportunities in workshops; and
24 (b) In the case of a rehabilitation facility, the expansion, remodel-
25 ing, or alteration of existing buildings, and initial equipment of such
26 buildings, necessary to adapt such buildings to rehabilitation facility
27 purposes or to increase their effectiveness for such purposes and
28 initial staffing thereof for a period not exceeding one year.
29 10. With respect to the construction of workshops and rehabilitation
30 facilities, the following definitions shall apply:
31 (a) "Construction" includes construction of new buildings, acquisition
32 of existing buildings, and expansion, remodeling, alteration, and reno-
33 vation of existing buildings, and initial equipment of such new, newly
34 acquired, expanded, remodeled, altered or renovated buildings;
35 (b) The "cost" of construction may include the cost of architects'
36 fees and acquisition of land in connection with construction, but does
37 not include the cost of offsite improvements.
38 (c) A "project for construction of a workshop" may include provisions
39 for residential accommodations to be used by and in conjunction with the
40 rehabilitation of categories of handicapped individuals as may be here-
41 after designated.
42 11. "Supported employment" means paid competitive work performed by
43 individuals with severe disabilities who require intensive support
44 services to obtain such employment and extended support to sustain such
45 employment, and which is performed in an integrated setting which
46 provides regular interactions with individuals who do not have disabili-
47 ties, other than paid caregivers.
48 12. "Supported employment services" means support services needed by
49 individuals with severe disabilities to obtain and sustain supported
50 employment. Such term shall also include transitional employment
51 services for individuals with severe and persistent mental illness, as
52 defined by the commissioner in consultation with the commissioner of the
53 office of mental health.
54 13. "Paid competitive work", as used in the definition of supported
55 employment pursuant to subdivision eleven of this section means work
56 that is performed on a full-time or part-time basis, with a minimum
S. 991 129 A. 1921
1 expectation of averaging at least twenty hours per week as an employment
2 goal, except that such requirement may be waived for good cause by the
3 commissioner, and for which an individual is compensated in accordance
4 with the federal fair labor standards act and state wage and hour regu-
5 lations.
6 14. "Individuals with severe disabilities" means persons for whom
7 competitive employment has either not traditionally occurred or has been
8 interrupted or intermittent as a result of having a permanent and
9 substantially disabling physical, sensory, or mental condition.
10 § 1001. Application for vocational rehabilitation. 1. Any handicapped
11 person available for vocational rehabilitation services may apply to the
12 department for advice and assistance regarding his or her vocational
13 rehabilitation.
14 2. The state may, to the extent that funds are made available pursuant
15 to the federal social security act, furnish vocational rehabilitation
16 services to applicants for and beneficiaries of disability benefits
17 under the social security act as provided in such act and any rules or
18 regulations adopted pursuant thereto.
19 § 1002. Powers and duties of the department. The department shall
20 have the responsibility of and is hereby authorized:
21 1. To adopt and promulgate such rules and regulations and take such
22 action as may be necessary to carry out the provisions of this article.
23 2. To provide vocational rehabilitation services directly or through
24 public or private instrumentalities for handicapped persons (excepting
25 blind persons and, with respect to physical restoration services, those
26 persons who are entitled to such services pursuant to the workers'
27 compensation law and the volunteer firefighters' benefit law) whose
28 vocational rehabilitation the department determines after full investi-
29 gation may be satisfactorily achieved. In the course of its investi-
30 gation of an individual applicant's vocational rehabilitation potential
31 the department may conduct an extended evaluation program including
32 utilization of such vocational rehabilitation services as it deems
33 necessary.
34 3. To enter into reciprocal agreements with other states to provide
35 for the vocational rehabilitation of handicapped persons.
36 4. To engage in and contract for the making of studies, investi-
37 gations, demonstrations, research and reports, and the provision of
38 training and instruction (including the establishment and maintenance of
39 fellowships and traineeships with such stipends and allowances as may be
40 deemed necessary) the assessment of existing facilities and services and
41 the evaluation of present and future requirements, including plans for
42 the purposes enumerated above in matters relating to vocational rehabil-
43 itation.
44 5. To arrange and pay part of the cost of projects leading to the
45 construction of workshops and rehabilitation facilities and the exten-
46 sion and improvement or the establishment of vocational rehabilitation
47 services for handicapped persons, including the furnishing of equipment
48 or the furnishing of funds for the purchase of equipment and supplies,
49 personnel and other necessary and proper expenses in the construction,
50 establishment, improvement, continuation or extension of rehabilitation
51 facilities and workshops.
52 6. To cooperate in the operation of this article with the state agency
53 or agencies administering the state's public assistance program, work-
54 ers' compensation program, the departments of health, mental hygiene,
55 the federal agencies charged with the administration of the federal
56 social security act and the federal fair labor standards act or other
S. 991 130 A. 1921
1 appropriate federal legislation and with other public and private agen-
2 cies providing services related to vocational rehabilitation, making
3 maximum feasible utilization of the job placement and employment coun-
4 seling services and other services and facilities of such offices, and
5 to issue such certifications as are required or indicated thereby.
6 7. Within its discretion, to consider financial need of handicapped
7 individuals for the purposes of determining the extent of their respec-
8 tive participation in the costs of vocational rehabilitation services
9 and to promulgate rules and regulations establishing financial need as a
10 condition to the availability of any of the services specified in para-
11 graph (a) of subdivision five of section one thousand of this article
12 except that no economic need test will be applied as a condition for
13 furnishing the following vocational rehabilitation services: (a) evalu-
14 ation, including diagnostic and related services; (b) counseling and
15 guidance; and (c) placement.
16 8. To supervise and monitor service centers for independent living
17 pursuant to section one thousand forty-two of this chapter.
18 9. To contract with organizations for the provision of supported
19 employment services, as defined in subdivision twelve of section one
20 thousand of this article, to individuals having severe disabilities
21 defined in subdivision fourteen of section one thousand of this article
22 in integrated work settings. The commissioner shall ensure that funds
23 provided pursuant to this subdivision are not used for the provision of
24 services that are the responsibility of other state agencies pursuant to
25 the plan developed pursuant to subdivision two of section one thousand
26 four of this article. Services shall be provided at a cost not to exceed
27 that which is necessary and reasonable, and shall include short-term
28 intensive and extended support mechanisms within an integrated work
29 setting. The commissioner shall require service providers to develop
30 appropriate policies and procedures for directing their supported
31 employment programs, and to provide such reports as the commissioner
32 deems to be appropriate.
33 § 1003. Sheltered workshops for the mentally retarded, mentally ill
34 and severely physically handicapped. 1. The conditions of mental retar-
35 dation, mental illness and severe physical handicap are such that many
36 young people, after laborious training in the schools and otherwise,
37 reach the point in their lives where they can and should, under proper
38 and continued guidance, engage in sheltered employment. The effects of
39 such employment are salutary in many ways. The affected individual is
40 helped to become a contributing member of society. The state is saved
41 the expense of his or her institutionalization in already overcrowded
42 state schools and facilities. The family retains closer contact with him
43 or her and is spared the anxieties naturally attaching to separation and
44 institutionalization. All of these factors have also been shown to
45 reflect tangible benefit upon the mentally retarded, mentally ill and
46 severely physically handicapped person in improving his or her overall
47 condition. The purpose of this measure is to specifically encourage the
48 development, improvement and expansion of such sheltered employment
49 facilities, so that the salutary effects mentioned can be expediently
50 accomplished.
51 2. Special provisions relating to mentally retarded, mentally ill and
52 severely physically handicapped persons in extended sheltered employment
53 in workshops. Notwithstanding any other provision of this article, when
54 it shall appear to the satisfaction of the department that a mentally
55 retarded, mentally ill or severely physically handicapped person over
56 the chronological age of seventeen years can reasonably be expected to
S. 991 131 A. 1921
1 benefit from, or in his or her best interests reasonably requires
2 extended sheltered employment in a workshop as defined in subdivision
3 eight of section one thousand of this article, furnished by an approved
4 organization, the department is authorized to contract with such organ-
5 ization for the furnishing of such sheltered employment to such mentally
6 retarded, mentally ill or severely physically handicapped person; and
7 the department is further authorized to expend for such purpose a sum or
8 sums not less than one thousand five hundred dollars per annum for each
9 such mentally retarded, mentally ill or severely physically handicapped
10 person, for or towards the cost of providing such sheltered employment
11 for each such mentally retarded, mentally ill or severely physically
12 handicapped person.
13 The department shall pay at least quarterly during the state fiscal
14 year such sums as are authorized to such organizations for such shel-
15 tered employment immediately upon the completion of evaluation and
16 personal adjustment services under the sponsorship of the department.
17 3. The department shall maintain a register of such organizations
18 which, after inspection of the facilities for sheltered employment
19 provided by them, it deems qualified to meet the needs of such mentally
20 retarded, mentally ill and severely physically handicapped persons. Such
21 inspection shall also determine the eligibility of such organization to
22 receive the funds hereinbefore specified.
23 4. The department is authorized to contract with such organizations
24 for the provision of vocational rehabilitation services which lead to
25 sheltered employment.
26 5. The department shall assure that individuals in long-term sheltered
27 employment are periodically reviewed to determine the feasibility of
28 their employment, or training for employment, in integrated work
29 settings and that maximum efforts toward such employment occur, whenever
30 it is determined to be feasible.
31 6. The commissioner is authorized to promulgate such reasonable rules
32 and regulations as he or she may deem necessary or proper to carry out
33 the provisions of this section.
34 § 1004. Integrated employment opportunities for individuals with
35 severe disabilities. 1. The department shall have the responsibility to
36 stimulate the development of programs intended to furnish opportunities
37 for integrated employment including, but not limited to, supported
38 employment and paid competitive work, to individuals with severe disa-
39 bilities, and to coordinate with state agencies responsible for furnish-
40 ing necessary services to individuals with severe disabilities related
41 to such opportunities.
42 2. (a) The commissioner, in consultation with and with the agreement
43 of the commissioners of the office of mental health, the office of
44 mental retardation and developmental disabilities and the office of
45 temporary and disability assistance shall develop a state interagency
46 plan for the implementation of integrated employment opportunities for
47 individuals with severe disabilities, including supported employment.
48 Such plan shall be designed so as to ensure that the state's integrated
49 employment efforts, including the supported employment program, are
50 planned, developed and implemented comprehensively, with roles and
51 responsibilities of the respective agencies well-defined. Such plan
52 shall reflect the department's primary responsibility for the develop-
53 ment of integrated employment opportunities for individuals with severe
54 disabilities, including short-term and intensive supported employment
55 services, as well as appropriate responsibilities for long-term extended
S. 991 132 A. 1921
1 support services. Such plan shall specify the role and responsibilities
2 of each such agency in assuring that:
3 (1) services are provided fully and equitably;
4 (2) an array of services is established and appropriate procedures are
5 developed to allow persons with severe disabilities timely access to
6 appropriate support services;
7 (3) compatible definitions, program evaluation and accounting stand-
8 ards and reporting documents are implemented;
9 (4) services and eligibility requirements are integrated and coordi-
10 nated between agencies, including the manner in which appropriate
11 responsibilities for funding and administering both short-term intensive
12 and long-term extended support services for supported employment are to
13 be implemented;
14 (5) funding sources are clearly defined and amounts are adequate to
15 support persons with short-term intensive and long-term extended support
16 needs;
17 (6) all necessary steps are taken to maximize the success and cost
18 effectiveness of such programs and the potential of persons served by
19 such programs;
20 (7) continuity of support services is not broken for individuals
21 placed in an integrated employment setting in the event such placement
22 is interrupted; and
23 (8) eligibility standards are consistent regarding the placement of
24 individuals in integrated work settings, including supported employment
25 and other competitive work placements.
26 (b) In addition, the plan shall address the manner in which continued
27 support for current programs will be maintained; and establishment
28 grants will be provided. Such establishment grants shall include, but
29 not be limited to, special projects which enhance the provision of
30 supported employment and new integrated employment program initiatives
31 which would target individuals who have severe disabilities who have
32 aged-out or have otherwise exited the school system. In addition, such
33 grants may be used to provide additional resources to existing programs
34 for the purpose of increasing the numbers of persons served who have
35 been determined by the commissioner to have been unserved or under-
36 served. Such grants may also be used for new programs for these popu-
37 lations.
38 (c) The commissioner, in consultation with the commissioners of the
39 office of mental health, the office of mental retardation and develop-
40 mental disabilities and the office of temporary and disability assist-
41 ance, shall develop an audit protocol to verify the actual costs of
42 providing such programs.
43 3. (a) It shall be the primary responsibility of the commissioner to
44 provide annual reports on the progress of achieving the components of
45 the implementation plan as contained in subdivision two of this section.
46 In addition, such reports shall include:
47 (1) a current description of individuals served, and services and
48 technical assistance provided;
49 (2) employment status of persons transitioned from sheltered work-
50 shops, special education programs, day treatment centers, and day
51 services programs into integrated employment programs, including
52 supported employment programs and other competitive work placements;
53 (3) incidence of persons in reverse transition between integrated
54 employment programs, including supported employment programs and paid
55 competitive work, and sheltered workshops, day treatment programs and
56 day services programs; and
S. 991 133 A. 1921
1 (4) number of persons for whom employment in an integrated work
2 setting has been requested and who are waiting for placement.
3 The commissioners of the office of mental health, the office of mental
4 retardation and developmental disabilities, and the office of temporary
5 and disability assistance shall provide any information required to
6 assist the commissioner in making such report.
7 (b) The implementation plan shall be transmitted to the governor, the
8 temporary president of the senate, the speaker of the assembly and the
9 senate committee on finance, the assembly committee on ways and means,
10 the senate committee on labor and the assembly committee on labor on or
11 before October first, two thousand five with a report on the status of
12 the implementation plan transmitted on or before October first of each
13 succeeding year.
14 § 1005. Gifts and donations. The department is authorized to receive,
15 accept and use gifts and donations for the purpose of this article which
16 may be offered, conditionally or unconditionally, notwithstanding
17 section eleven of the state finance law or any other provision of law.
18 All money received as gifts or donations shall be paid to the commis-
19 sioner of taxation and finance, who together with the state comptroller
20 is hereby constituted and appointed the joint custodian thereof and
21 shall constitute a special fund to be used under the direction of the
22 department for the purpose of this article. A full report of all such
23 gifts and donations, together with the names of the donors, the amounts
24 contributed by each and all disbursements therefrom shall be submitted
25 annually to the legislature as part of the report of the department.
26 § 1006. Acceptance of law of the United States. The state of New
27 York, through its legislative authority:
28 1. Accepts the provisions of any law of the United States making an
29 appropriation to be apportioned among the states for vocational rehabil-
30 itation of disabled persons, and accepts the provisions of any law of
31 the United States making an appropriation for apportionment or grants
32 among the states for services for disabled persons.
33 2. Empowers and directs the New York state board for vocational educa-
34 tion, which shall be appointed by the commissioner, to cooperate with
35 such agency as the federal government shall designate to carry out the
36 purposes of such law.
37 3. Appoints the commissioner of taxation and finance and the state
38 comptroller as joint custodians of all money given to the state by the
39 United States under the authority of such law, and such money shall be
40 paid out in the manner provided by such act for the purposes therein
41 specified.
42 § 1007. Vocational rehabilitation records. 1. It shall be unlawful,
43 except for purposes directly connected with the administration of the
44 vocational rehabilitation program, for any person or persons to solicit,
45 disclose, receive, or make use of, or authorize, knowingly permit,
46 participate in, or acquiesce in the use of any list of, or names of, or
47 any information concerning, persons applying for or receiving vocational
48 rehabilitation, directly or indirectly derived from the record, papers,
49 files, communications of the state or subdivisions or agencies thereof,
50 or acquired in the course of the performance of official duties without
51 the consent of each such applicant or recipient. Such records, papers,
52 files and communications shall be regarded as confidential information
53 and privileged within the meaning of section forty-five hundred four of
54 the civil practice law and rules.
55 2. Wage reporting information obtained by the office of vocational and
56 educational services for individuals with disabilities of the department
S. 991 134 A. 1921
1 from the state department of taxation and finance pursuant to the tax
2 law shall be considered confidential and shall not be disclosed to
3 persons or agencies other than those considered entitled to such infor-
4 mation when such disclosure is necessary for the proper administration
5 of the department's vocational rehabilitation program.
6 § 1008. Use of appropriations. Any appropriation made to carry out the
7 provisions of this article, in addition to any moneys allotted to the
8 state for a similar purpose by the government of the United States may
9 be used for the payment of salaries, travel, maintenance and operation,
10 and other administrative expenses including the purchase of necessary
11 office furniture, supplies, et cetera, the necessary costs for persons
12 being evaluated for or undergoing vocational rehabilitation including
13 tuition, fees, books and other training supplies, maintenance and trav-
14 eling expenses, occupational examinations and license fees, medical,
15 psychiatric and psychological examinations and other diagnostic and
16 related services, tools and equipment, initial stocks and supplies,
17 surgical fees, hospitalization, therapeutic treatment and prosthetic
18 appliances, the establishment and construction of public and other reha-
19 bilitation facilities to provide services for handicapped individuals
20 and the establishment and construction of workshops for the severely
21 handicapped, including the furnishing of equipment or the providing of
22 grants of funds to rehabilitation facilities and workshops to be
23 utilized for the acquisition of equipment, supplies, personnel and other
24 necessary and proper items to be utilized in such facilities.
25 § 1009. Aid for blind or deaf students. 1. (a) Whenever a blind or
26 deaf person, who is a citizen of this state and a student in actual
27 attendance at a college, university, technical or professional school,
28 including agriculture and technical institutes and state institutes of
29 applied arts and sciences, located in this state and authorized by law
30 to grant degrees, other than an institution established for the regular
31 instruction of the blind or deaf, shall be designated by the trustees
32 thereof as a fit person to receive the aid hereinafter provided for,
33 there shall be paid by the state for the use of such student a sum not
34 to exceed one thousand dollars per annum, within the limits of the
35 appropriation therefor, with which to employ persons to read to such
36 blind student from textbooks and pamphlets used by such student in his
37 or her studies at such college, university or school, or to aid a deaf
38 student in receiving instruction in such studies. In case such a
39 college, university, technical or professional school as will meet the
40 needs or requirements of such a student is not located within this
41 state, such a sum shall be paid by this state for the use of such
42 student attending such a college, university, technical or professional
43 school which shall conform to the requirements of this section in anoth-
44 er state. Such a sum shall also be available to aid a deaf student in
45 receiving instruction in a regularly approved institution for the deaf
46 located outside of the state but within one hundred fifty miles of the
47 borders thereof.
48 (b) The trustees of any institution meeting the requirements of this
49 section shall submit reports in such form and at such times as
50 prescribed by the commissioner identifying the number of students eligi-
51 ble to receive aid pursuant to this subdivision and shall estimate the
52 funds needed to support such students as provided herein. The commis-
53 sioner shall advance twice during the school year to each such institu-
54 tion such estimated amounts within the limits of the annual appropri-
55 ation provided therefore.
S. 991 135 A. 1921
1 (c) At the conclusion of the academic year for which such funds are
2 provided, each institution receiving funds pursuant to this subdivision
3 shall submit to the commissioner a final accounting for the use of such
4 funds and shall return any unspent funds.
5 2. Such moneys shall be paid annually, after the beginning of the
6 school year of such institution, by the commissioner of taxation and
7 finance on the warrant of the comptroller, to the treasurer of such
8 institution, on his or her presenting an account showing the actual
9 number of blind or deaf students matriculated and attending the institu-
10 tion, which account shall be verified by the president of the institu-
11 tion and accompanied by his or her certificate that the trustees have
12 recommended the students named in said account as hereinbefore provided.
13 3. The trustees of any of the said institutions shall recommend no
14 blind or deaf person, who is not regularly matriculated, and who is not
15 in good and regular standing, and who is not working for a degree from
16 the institution in which he or she is matriculated; and no blind or deaf
17 person shall be recommended, who is not doing the work regularly
18 prescribed by the institution for the degree for which he or she is a
19 candidate. The moneys so paid to any such institution shall be disbursed
20 for the purposes aforesaid by and under the direction of its board of
21 trustees.
22 § 3. The labor law is amended by adding a new article 33 to read as
23 follows:
24 ARTICLE 33
25 SERVICE CENTERS FOR INDEPENDENT LIVING
26 Section 1040. Declaration of intent.
27 1041. Service centers for independent living; purpose and
28 duties.
29 1042. Labor department; responsibilities.
30 1043. Regulations.
31 1044. Distribution of funds.
32 § 1040. Declaration of intent. Persons with disabilities comprise a
33 large percentage of New York's total population. The legislature hereby
34 finds and declares that action is necessary to assist these individuals
35 to integrate and live more independently in the community. Since their
36 inception, service centers for independent living have enhanced the
37 ability of persons with disabilities to pursue an independent and active
38 lifestyle within their community. In order to achieve this, it is neces-
39 sary for the state to provide funding to maintain existing service
40 centers designed to promote independent living and to encourage the
41 establishment of new centers. In addition, the office of vocational
42 rehabilitation should have the responsibility and authority for the
43 encouragement of the planning, development, funding, evaluation and
44 monitoring of such service centers.
45 § 1041. Service centers for independent living; purpose and duties.
46 1. A service center for independent living shall be a community based
47 non-residential program designed to promote independent living for
48 persons with disabilities.
49 (a) Such center shall:
50 (1) be a corporation, provided, however, that persons with disabili-
51 ties comprise at least fifty-one percent of the board of directors of
52 such corporation;
53 (2) be staffed by persons experienced in assisting persons with disa-
54 bilities;
55 (3) provide services designed to meet the needs of persons with disa-
56 bilities, including such services as assisting persons with disabilities
S. 991 136 A. 1921
1 to obtain housing, employment referral, transportation referral, attend-
2 ant care, independent living skills, peer counseling, advocacy services,
3 job training, health care, homemaker services, and other such services
4 as approved by the commissioner;
5 (4) train personnel for the purpose of attendant care in assisting and
6 serving persons with disabilities; and
7 (5) serve persons with disabilities.
8 (b) Such center may also, but need not limit itself to, provide disa-
9 bility awareness programs, peer counseling, role modeling and any other
10 appropriate services within elementary and secondary schools.
11 2. Such service centers shall not be established or operated as a
12 residential or housing facility.
13 3. Such service centers shall make maximum use of existing resources
14 available to persons with disabilities and shall not duplicate any
15 existing services or programs, to the extent that such services or
16 programs are available through other state sources to meet the needs of
17 persons with disabilities. Such centers shall however provide necessary
18 information and referral to assist a person with a disability in obtain-
19 ing such services and coordinate where possible the delivery of such
20 services to persons with disabilities.
21 4. Such service centers shall be in compliance with all applicable
22 local laws and ordinances.
23 § 1042. Labor department; responsibilities. The department shall
24 assist individuals and organizations in the planning and establishment
25 of service centers for independent living. The department shall ensure
26 program accountability and shall monitor and evaluate such centers.
27 § 1043. Regulations. The commissioner shall promulgate rules and regu-
28 lations necessary for the implementation of this article.
29 § 1044. Distribution of funds. 1. Service centers for independent
30 living shall be funded out of appropriations available for such purposes
31 to the extent of the entire approved budget of such centers.
32 2. Budgets submitted by service centers shall be approved in accord-
33 ance with regulations of the commissioner, subject to approval of the
34 director of the budget.
35 3. Service centers shall be located in the cities of Albany, Buffalo,
36 Rochester, Syracuse, Utica, White Plains, Binghamton, Kingston, Pough-
37 keepsie, Jamestown, Yonkers, the counties of Queens, Kings, Nassau,
38 Bronx, Richmond and New York and the township of Brookhaven with a
39 satellite center in Central Islip in the county of Suffolk.
40 4. Additional service centers shall be located in the cities of
41 Niagara Falls, Olean, Troy, Amsterdam, Newburgh, Corning, Ithaca, Cort-
42 land, Auburn, Watertown, Plattsburgh, Batavia, Massena and Glens Falls,
43 the counties of Delaware and Rockland, the county of Orange, in either
44 the city of Middletown or Port Jervis or in the town of Deerpark, Green-
45 ville, Mount Hope, Warwick or Wawayanda or in the village of Goshen, and
46 in the county of New York to serve the Harlem community.
47 § 4. Notwithstanding any provision of law to the contrary, effective
48 October 1, 2005, the vocational rehabilitation program established by
49 article 21 of the education law, the service centers for independent
50 living established by article 23-A of such law, and aid for blind and
51 deaf students established by section 4210 of such law shall be trans-
52 ferred from the education department to the department of labor, and all
53 functions, powers, duties, obligations and assets relating to such
54 programs shall be transferred subject to the provisions of this act.
55 § 5. Transfer of authority, administration and appropriations. 1. The
56 commissioner of education shall provide for the orderly transfer of all
S. 991 137 A. 1921
1 matters, records and other items relating to the programs identified in
2 section four of this act. Program and administrative matters relating to
3 such transfer shall be included in a transition plan developed and
4 agreed to by the department of labor and the state education department
5 no later than 120 days after the effective date of this act, and
6 approved by the director of the budget. Fiscal and administrative
7 details may be included in a memorandum of understanding to be developed
8 between the department of labor and the education department and subject
9 to the approval of the director of the budget. The commissioner of
10 education and the board of regents are authorized and directed to
11 continue their respective roles, responsibilities and functions until an
12 orderly transition has been completed.
13 2. The director of the budget is hereby authorized to transfer to the
14 department of labor funds otherwise appropriated or reappropriated to
15 the education department consistent with the purposes of this act.
16 3. Notwithstanding any inconsistent provision of law to the contrary,
17 upon completion of the transfer pursuant to section four of this act the
18 commissioner of labor is authorized to enter into a memorandum of under-
19 standing with the commissioner of mental retardation and developmental
20 disabilities, delegating responsibility for the provision of short-term
21 and intensive supported employment services to persons with develop-
22 mental disabilities and the commissioner of mental retardation and
23 developmental disabilities is authorized to adopt regulations, with the
24 approval of the commissioner of labor and the director of the division
25 of the budget addressing the administrative and operational structure of
26 the service delivery system, fees, rates and mechanisms of payment for
27 such services, oversight and monitoring of the service system, quality
28 standards for providers of such services, as well as any other matter
29 reasonably necessary to the effective and efficient delivery of such
30 services; and subject to the approval of the director of the division of
31 the budget, the commissioner of labor is further authorized to transfer
32 or suballocate appropriations, reappropriations and employees to the
33 office of mental retardation and developmental disabilities for the
34 provision of intensive supported employment services.
35 § 6. Transfer of employees. Upon the transfer of the vocational and
36 educational services for individuals with disabilities program pursuant
37 to section four of this act, state education department employees shall
38 be transferred to the department of labor in accordance with section 70
39 of the civil service law.
40 § 7. Notwithstanding any other law, rule or regulation to the contra-
41 ry, effective October 1, 2005, the commissioner of labor shall be the
42 designee of the state of New York for the purpose of carrying into
43 effect the provisions of the federal laws relating to the programs iden-
44 tified in section four of this act, and any federal funds applicable to
45 appropriations to the education department for such programs may be made
46 available to the department of labor subject to the approval of the
47 director of the budget.
48 § 8. Transfer of records. All books, papers, records and property of
49 the programs transferred hereby are to be delivered to the department of
50 labor at such place and time, and in such manner as the commissioner of
51 the department of labor requires.
52 § 9. Continuation of rules and regulations. All rules, regulations,
53 acts, determinations and decisions of the board of regents, the commis-
54 sioner of education and the education department with respect to the
55 administration of this act in force at the time of the transfer shall
56 continue in force and effect as rules, regulations, acts, determinations
S. 991 138 A. 1921
1 and decisions of the commissioner of the department of labor unless and
2 until superseded by the commissioner of labor.
3 § 10. Completion of unfinished business. Any business or other matter
4 undertaken or commenced by the education department relating to the
5 functions, powers, duties and obligations hereby transferred and
6 assigned to the department of labor and pending on the effective date of
7 such transfer shall be conducted and completed by the department of
8 labor in the same manner and under the same terms and conditions and
9 with the same effect as if conducted and completed by the education
10 department.
11 § 11. Terms occurring in laws, contracts and other documents. Upon
12 the effective date of this transfer or such alternate dates as shall be
13 identified in the transition plan, whenever the functions, powers, obli-
14 gations, duties and officials relating to the programs hereby trans-
15 ferred and reassigned are referred to or designated in any law, contract
16 or document, such reference or designation shall be deemed to refer to
17 the appropriate functions, powers, obligations, duties and officials in
18 the department of labor or of the commissioner thereof.
19 § 12. Existing rights and remedies preserved. No existing right or
20 remedy of any character shall be lost, impaired or affected by reason of
21 section four of this act.
22 § 13. Subdivision 23 of section 305 of the education law is REPEALED.
23 § 14. Subdivision (h) of section 7.09 of the mental hygiene law, as
24 added by chapter 515 of the laws of 1992, is amended to read as follows:
25 (h) The commissioner shall work cooperatively with the commissioner of
26 the office of mental retardation and developmental disabilities and the
27 commissioner of social services to assist the commissioner of [educa-
28 tion] labor in furnishing integrated employment services to individuals
29 with severe disabilities, including the development of an integrated
30 employment implementation plan, pursuant to article [twenty-one] thir-
31 ty-two of the [education] labor law.
32 § 15. Subdivision (d) of section 13.09 of the mental hygiene law, as
33 added by chapter 515 of the laws of 1992, is amended to read as follows:
34 (d) The commissioner shall work cooperatively with the commissioner of
35 the office of mental health and the commissioner of social services to
36 assist the commissioner of [education] labor in furnishing integrated
37 employment services to individuals with severe disabilities, including
38 the development of an integrated employment implementation plan, pursu-
39 ant to article [twenty-one] thirty-two of the [education] labor law.
40 § 16. Subdivision (e) of section 17 of the social services law, as
41 added by chapter 515 of the laws of 1992, is amended to read as follows:
42 (e) work cooperatively with the commissioner of the office of mental
43 health and the commissioner of the office of mental retardation and
44 developmental disabilities to assist the commissioner of [education]
45 labor in furnishing integrated employment services to individuals with
46 severe disabilities, including the development of an integrated employ-
47 ment implementation plan pursuant to article [twenty-one] thirty-two of
48 the [education] labor law;
49 § 17. Subdivision (a) of section 41.39 of the mental hygiene law, as
50 added by chapter 515 of the laws of 1992, is amended to read as follows:
51 (a) The commissioner of mental health and the commissioner of mental
52 retardation and developmental disabilities shall, consistent with the
53 state integrated employment implementation plan developed pursuant to
54 subdivision two of section one thousand [four-b of the education] four
55 of the labor law, and subject to appropriations made therefor, to devel-
56 op and support services that provide individuals with mental disabili-
S. 991 139 A. 1921
1 ties the opportunity to learn and develop employment related skills and
2 work experience, including but not limited to sheltered workshops and
3 integrated employment opportunities, including supported employment, as
4 provided pursuant to sections one thousand [four-a] three and one thou-
5 sand [four-b] four of the [education] labor law. Such programs shall, to
6 the extent possible:
7 1. be integrated with and not duplicate employment programs provided
8 through the [state education] department of labor and shall ensure that
9 funding provided pursuant to this subdivision is not used for the
10 provision of services that are the responsibility of other state agen-
11 cies pursuant to the plan developed pursuant to subdivision two of
12 section one thousand [four-b] four of the [education] labor law;
13 2. provide an array of rehabilitation and support services necessary
14 to meet the individual's vocational and career developmental needs;
15 3. integrate the office's vocational programs and other needed support
16 services including but not limited to: clinical, social, case manage-
17 ment, residential and transportation services to ensure flexibility in
18 meeting the needs of individuals in transition between program models;
19 and
20 4. provide each individual with the appropriate supports to achieve
21 and maintain employment in the most integrated setting appropriate,
22 while maximizing each [individuals] individual's personal strengths and
23 preferences.
24 § 18. Subdivision 1-a of section 4-104 of the election law, as amended
25 by chapter 580 of the laws of 1995, is amended to read as follows:
26 1-a. Each polling place shall have at least one entrance that provides
27 access, by ramp or otherwise, to physically disabled voters, provided,
28 however, that this requirement may be waived in writing by the county
29 board of elections upon a petition to the board by the legislative body
30 of the city or town designating such polling places showing good and
31 sufficient cause. In the city of New York and in counties in which poll-
32 ing places are designated by the board of elections, the board shall
33 specify in writing why it has determined that it is unable to comply
34 with the provisions of this subdivision. Such petition, waiver, and
35 written determination, as provided for in this subdivision, shall be
36 filed in the office of the board and be available for public inspection.
37 Such a waiver may be granted and filed or such a written determination
38 may be filed only where the board of elections determines, with regard
39 to each specific polling place for which a waiver is sought or a written
40 determination is to be filed, (1) that an alternative accessible polling
41 place is not reasonably available in the election district or a contig-
42 uous election district and that specific efforts were undertaken in
43 cooperation with persons with disabilities who have contacted the legis-
44 lative body of the city or town which requested such waiver or the board
45 of elections which filed such written determination to locate such an
46 alternative accessible polling place and such efforts are listed in the
47 petition or written determination, (2) that compliance with the polling
48 place accessibility requirements of this subdivision would require that
49 unreasonable expenses be incurred and paid, pursuant to section 4-136 of
50 this article and that specific information regarding expenses for
51 compliance is listed in the petition or written determination, and (3)
52 that substantial efforts will be undertaken in cooperation with persons
53 with disabilities who have contacted the legislative body of the city or
54 town which requested such waiver or the board of elections which filed
55 such written determination during the period for which the waiver is
56 effective to achieve compliance with the polling place accessibility
S. 991 140 A. 1921
1 requirements of this subdivision and that the specific substantial
2 efforts to be undertaken to achieve compliance are listed in the peti-
3 tion or written determination. For purposes of this subdivision, the
4 term "persons with disabilities" shall mean persons with disabilities
5 who shall be entitled to vote in the election district for which a waiv-
6 er is sought and service centers for independent living established
7 pursuant to article [twenty-three-A] thirty-three of the [education]
8 labor law and other entities which represent the interests of persons
9 with disabilities. A request for a waiver shall be filed at the same
10 time that the list of polling places is submitted to or established by
11 the board of elections. The board of elections shall forthwith prepare a
12 list of all election districts for which a waiver is sought or a written
13 determination filed. Such list together with all such petitions for
14 waiver and written determinations shall be public records at the office
15 of the board of elections. Not later than May seventh of each year, the
16 board of elections shall mail a copy of said list by first class mail to
17 every person who has made a written request for such list within the two
18 preceding calendar years. The board of elections shall either grant or
19 deny the waiver no later than June first of the year in which the
20 request is made. The state board of elections shall promulgate regu-
21 lations necessary to ensure proper execution of the provisions of this
22 subdivision.
23 § 19. Subdivision 2 of section 4209 of the education law, as amended
24 by chapter 348 of the laws of 1975, is amended to read as follows:
25 2. In the discretion of the commissioner of education a sum not to
26 exceed a sum equal to double the average annual per capita cost for
27 pupils attending all of the schools which are subject to the provisions
28 of section forty-two hundred one of this article shall be available [in
29 the manner provided in section forty-two hundred ten of this article] to
30 aid a blind and deaf pupil in receiving instruction in an institution
31 for the instruction of the deaf or blind located outside the state in
32 order to continue the education of such blind and deaf pupil for the
33 term of instruction provided in section forty-two hundred seven of this
34 article.
35 § 20. Article 8 of the workers' compensation law is REPEALED.
36 § 21. Notwithstanding any provision of law to the contrary, the work-
37 ers' compensation board, as previously established pursuant to article 8
38 of the workers' compensation law, shall be transferred to the department
39 of labor, however, such board shall continue to have and exercise all
40 functions, powers, duties, obligations and assets it had and exercised.
41 § 22. Any existing reference in the workers' compensation law or else-
42 where to article 8 of the workers' compensation law or the board or
43 chairman thereof or the powers granted to such board as established by
44 such article until the effective date of this act shall be deemed a
45 reference to the board or the chairman thereof or the powers granted to
46 such board as established by this act.
47 § 23. Transfer of authority, administration and appropriations. The
48 director of the budget shall transfer to the department of labor funds
49 otherwise appropriated or reappropriated to the workers' compensation
50 board consistent with the purposes of this act.
51 § 24. Transfer of employees. Upon the transfer of the workers' compen-
52 sation board pursuant to section twenty-one of this act, workers'
53 compensation board employees shall be transferred to the department of
54 labor in accordance with section 70 of the civil service law.
55 § 25. Transfer of records. All books, papers, records and property of
56 the programs transferred shall remain at, and in the custody of, the
S. 991 141 A. 1921
1 workers' compensation board unless other arrangements are agreed upon
2 between the commissioner of the department of labor and the chairman of
3 the workers' compensation board.
4 § 26. Continuation of rules and regulations. All rules, regulations,
5 acts, determinations and decisions of the workers' compensation board
6 with respect to the administration of article 8 of the workers' compen-
7 sation law in force at the time of the transfer shall continue in force
8 and effect.
9 § 27. Continuation of business. The workers' compensation board shall
10 continue to perform and exercise the functions, powers, duties and obli-
11 gations that exist in article 8 of the workers' compensation law at the
12 time of the transfer of the board to the department of labor.
13 § 28. Existing rights and remedies preserved. No existing right or
14 remedy of any character shall be lost, impaired or affected by reason of
15 this act.
16 § 29. The labor law is amended by adding a new article 34 to read as
17 follows:
18 ARTICLE 34
19 WORKERS' COMPENSATION
20 Section 1050. Workers' compensation board.
21 1051. General powers and duties of the chairman.
22 1052. General powers and duties of the workers' compensation
23 board.
24 1053. Maintenance of records.
25 1054. Seal.
26 1055. Oaths of office.
27 1056. Offices.
28 1057. Merger of administrative functions and claimant services.
29 1058. Vacancies and removals.
30 1059. Salaries and expenses.
31 1060. Employees.
32 1061. Referees and secretary.
33 1062. Secretary as agent for service of process on non-resident
34 non-insured employers; method and effect of service.
35 1063. Administration expenses.
36 1064. Administrative regulations.
37 1065. Annual report.
38 1066. Construction of article.
39 1067. Saving clause.
40 1068. Separability.
41 1069. Application of article to volunteer firefighters' benefit
42 law or the volunteer ambulance workers' benefit law.
43 § 1050. Workers' compensation board. The workers' compensation board
44 in the department of labor is hereby continued. Such board shall
45 consist of thirteen members, at least four of whom shall be attorneys
46 and counselors-at-law duly admitted to practice in this state. The
47 members of the board shall be appointed by the governor, by and with the
48 advice and consent of the senate. The members of the board in this
49 office, together with the additional members and the members appointed
50 to fill vacancies, if any, at the time this section takes effect, shall
51 continue, notwithstanding the appointment of any of the members for a
52 term expiring on a different date, to hold office for terms to be
53 assigned by the governor by and with the advice and consent of the
54 senate. Members, except those appointed to fill a vacancy created
55 otherwise than by expiration of term, shall be appointed for terms of
S. 991 142 A. 1921
1 seven years. The governor shall designate one of the members of the
2 board as chairman and another as vice-chairman.
3 § 1051. General powers and duties of the chairman. The chairman shall
4 be the administrative head of the workers' compensation board and shall
5 exercise the powers and perform the duties in relation to the adminis-
6 tration of this article and the workers' compensation law excepting
7 article six of such law, and except insofar as such powers and duties
8 are vested by this article and the workers' compensation law in the
9 workers' compensation board. The chairman shall preside at all meetings
10 of the board and shall appoint all committees and panels of the board;
11 shall designate the times and places for the hearing of claims under
12 this article and the workers' compensation law and shall perform all
13 administrative functions of the board as set forth in this article and
14 the workers' compensation law. The chairman, in the name of the board,
15 shall enforce all the provisions of this article and the workers'
16 compensation law, and may make administrative regulations and orders
17 providing for the receipt, indexing and examining of all notices, claims
18 and reports, for the giving of notice of hearings and of decisions, for
19 certifying of records, for the fixing of the times and places for the
20 hearing of claims, and for providing for the conduct of hearings and
21 establishing of calendar practice to the extent not inconsistent with
22 the rules of the board. The chairman shall issue and may revoke certif-
23 icates of authorization of physicians, chiropractors and podiatrists as
24 provided in sections thirteen-a, thirteen-k and thirteen-1 of the work-
25 ers' compensation law, and licenses for medical bureaus and x-ray and
26 other laboratories under the provisions of section thirteen-c of the
27 workers' compensation law, and shall have and exercise all powers not
28 otherwise provided for herein in relation to the administration of this
29 article and the workers' compensation law. The chairman, on behalf of
30 the workers' compensation board, shall enter into the agreement provided
31 for in section one hundred seventy-one-h of the tax law, and shall take
32 such other actions as may be necessary to carry out the agreement
33 provided for in such section for matching beneficiary records of work-
34 ers' compensation with information provided by employers to the state
35 directory of new hires for the purposes of verifying eligibility for
36 such benefits and for administering workers' compensation.
37 § 1052. General powers and duties of the workers' compensation board.
38 1. The workers' compensation board shall have power to hear and deter-
39 mine all claims for compensation or benefits or relating to special
40 funds created under the provisions of the workers' compensation law, in
41 the manner provided by this article and the workers' compensation law;
42 to require medical service for injured employees as provided by the
43 workers' compensation law; to approve and fix attorney's fees and claims
44 for medical service to the extent provided in the workers' compensation
45 law; to excuse failure to give notice either of injury or death of an
46 employee, to approve agreements, to modify or rescind awards, to make
47 conclusions of fact and rulings of law, to certify questions to the
48 appellate division of the supreme court, to enter orders in appealed
49 cases, to determine the time for the payment of compensation, to order
50 the reimbursement of employers for amounts advanced, to assess penal-
51 ties, to commute awards, to compromise actions for the collection of
52 awards, to require or permit employers to deposit the present value of
53 awards in the aggregate trust fund of the state fund, as established by
54 section twenty-seven of the workers' compensation law, to determine by
55 rule the assignment of a minor's right to sue a third party, to require
56 guardianship for minor dependents, to hear and determine claims under
S. 991 143 A. 1921
1 the occupational disease act, to order physical examinations, to take
2 testimony by depositions; and to have and exercise all other powers and
3 duties, exclusive of purely administrative functions, originally
4 conferred or imposed upon the workmen's compensation commission by the
5 workers' compensation law, or by any other statute.
6 Whenever the terms "board" or "chairman" or "vice-chairman" thereof
7 appears in this article or the workers' compensation law, after the time
8 this article takes effect, they shall be construed to mean the workers'
9 compensation board or the chairman thereof, as created by the provisions
10 of this article or the workers' compensation law, as may be required by
11 the context unless the contrary shall be indicated.
12 2. Any review, hearing, rehearing, inquiry or investigation required
13 or authorized to be conducted or made by the workers' compensation board
14 pursuant to this article or the workers' compensation law may be
15 conducted or made by any panel of the board consisting of not less than
16 three members thereof, and the order, decision or determination of a
17 majority of the members of a panel shall be deemed the order, decision
18 or determination of the board from the date of filing thereof with the
19 secretary of the board, unless the board on its own motion, or on appli-
20 cation by a party in interest for a full board review, shall modify or
21 rescind such order, decision or determination. Four panels shall be
22 constituted at all times, and the chair shall assign the members to the
23 panels upon which they shall serve. At least one member on each panel
24 shall be an attorney and counsellor-at-law, but the absence of an attor-
25 ney on any panel shall not invalidate the order, decision or determi-
26 nation of a majority of the members of the panel if at least two affir-
27 mative votes are cast in favor of such action. The panels shall be
28 constituted so that the members of the board shall alternate in their
29 periods of service together thereon.
30 Notwithstanding any provision in this section to the contrary, a
31 member of the board may be designated by the chair to act individually
32 in the hearing and determination of any claim under this article or the
33 workers' compensation law, or conduct any investigation, hearing or
34 inquiry hereunder, or review and rescind any order, decision or determi-
35 nation upon any claim and restore such claim for further trial hearing
36 and evidence or consideration except that such member may not conduct
37 any appellate rehearing of any case or otherwise review any order, deci-
38 sion or determination upon any claim and reverse, modify or affirm such
39 order, decision or determination which by the provisions of this section
40 shall be reheard or reviewed by the board or a panel thereof.
41 3. The members of the workers' compensation board, a referee or any
42 other officer or employee of the board if duly authorized by the chair-
43 man, may administer oaths and take affidavits in matters relating to the
44 provisions of the workers' compensation law.
45 The members of the workers' compensation board, the referees and any
46 other officer of the board designated by the chairman, shall have power:
47 a. To issue subpoenas for and compel the attendance of witnesses and
48 the production of books, contracts, papers, documents and other
49 evidence;
50 b. To hear testimony and take or cause to be taken depositions of
51 witnesses residing within or without this state in the manner prescribed
52 by law for like depositions in civil actions in the supreme court.
53 Subpoenas and commissions to take testimony shall be issued under the
54 seal of the board.
55 4. Notwithstanding the provisions of any other law, neither the
56 commissioner nor any board or other agency of the department of labor
S. 991 144 A. 1921
1 shall in any way direct, review, modify or reverse any decision or find-
2 ing of the board nor shall the commissioner or any board or other agency
3 of the department of labor supervise or control the board or its members
4 in the exercise of any powers or in the performance of any duties under
5 this chapter.
6 5. The workers' compensation board shall keep an accurate record of
7 all hearings held. Where the decision of a referee is affirmed by the
8 board upon review, the board shall assess against each insurance carrier
9 or employer seeking such review the sum of one hundred fifty dollars and
10 may assess against any other party the sum of twenty dollars. The amount
11 so secured from these assessments shall be paid into the state treasury.
12 6. The workers' compensation board shall not release any information
13 acquired pursuant to section five hundred thirty-seven of this chapter
14 and section one hundred seventy-one-a of the tax law, as added by chap-
15 ter five hundred forty-five of the laws of nineteen hundred seventy-
16 eight, unless the release of such information is required to further
17 fraud control activities undertaken by the workers' compensation board
18 pursuant to this article or the workers' compensation law, in which case
19 release of such information shall be subject to the restrictions
20 contained in section five hundred thirty-seven of this chapter and
21 section one hundred seventy-one-a of the tax law, as added by chapter
22 five hundred forty-five of the laws of nineteen hundred seventy-eight.
23 § 1053. Maintenance of records. 1. The board is authorized and
24 empowered to use optical disc technology to record and maintain public
25 records, papers, documents or matters required by law to be recorded.
26 Such records shall be capable of being copied, photographed, or micro-
27 photographed by a process which accurately reproduces the original ther-
28 eof in all details.
29 2. The copies thereof shall be deemed to be an original record for all
30 purposes, including introduction in evidence in all courts or adminis-
31 trative agencies. A transcript, exemplification or certified copy there-
32 of shall, for all purposes recited herein, be deemed to be a transcript,
33 exemplification, or certified copy of the original.
34 3. The board shall have the power to authorize the destruction, sale
35 to a historical, educational, or scientific organization or to otherwise
36 dispose of its records, subject only to receiving the consent of the
37 commissioner of education as may be required by article fifty-seven of
38 the arts and cultural affairs law.
39 § 1054. Seal. The board may adopt a seal and require that it be used
40 for the authentication of orders and proceedings and for such other
41 purposes as the board may prescribe.
42 § 1055. Oaths of office. The members of the board and the secretary
43 shall, before entering upon the duties of their office, take and
44 subscribe the constitutional oath of office. Such oaths shall be filed
45 in the office of the department of state.
46 § 1056. Offices. The principal office of the board shall be in the
47 city of Albany. There shall be also an office in the city of New York
48 and at such other place or places in the state as may be required prop-
49 erly and conveniently to transact the business of the board. Consistent
50 with section fourteen of this chapter, offices of the department and the
51 board shall be co-located to the extent that such co-location is cost-
52 effective. The board may meet and exercise any or all of its powers at
53 any place in the state.
54 § 1057. Merger of administrative functions and claimant services. In
55 order to better assist claimants in obtaining training, vocational reha-
56 bilitation and other services in a timely manner, increase administra-
S. 991 145 A. 1921
1 tive efficiency of the board and the department and save taxpayer
2 dollars, the board and the department shall where practicable merge the
3 provision of such services and such administrative functions.
4 § 1058. Vacancies and removals. If a vacancy shall occur in the office
5 of any member of the board otherwise than by expiration of term, it
6 shall be filled by the governor, by and with the advice and consent of
7 the senate, for the unexpired term. The governor may remove the chairman
8 or any member of the board for cause after giving him or her a copy of
9 the charges and an opportunity of being heard in person or by counsel on
10 not less than ten days' notice. If the chairman or a member of the
11 board be removed the governor shall file with the department of state a
12 statement of the cause of such removal.
13 § 1059. Salaries and expenses. 1. The chairman and members of the
14 board shall devote their entire time to the duties of their office and
15 shall not practice in their respective professions or callings. The
16 reasonable and necessary expenses of the board and the reasonable and
17 necessary traveling and other expenses of the chairman and members of
18 the board, the secretary and other officers and employees of the board,
19 while actually engaged in the performance of their duties, outside of
20 the city of Albany, or if any such officer or employee be in charge of
21 or actually employed at an office of the board outside of the city of
22 Albany, the reasonable and necessary traveling and other expenses
23 outside of the place in which such office is located, shall be paid from
24 the state treasury upon the audit and warrant of the comptroller, upon
25 vouchers approved by the chairman or vice-chairman or secretary of the
26 board.
27 2. For the purpose of extending the benefits of workers' compensation
28 and improving administration and expediting the adjudication of claims,
29 the chairman is hereby authorized, within the limits of the appropri-
30 ation available therefor, to initiate studies and surveys, to observe
31 operations in other states, to conduct research, and to make investi-
32 gations in the entire field of workers' compensation, within and without
33 the state of New York. The chairman is also hereby authorized to accept
34 a gift, grant, or contribution of funds to be used in his discretion to
35 carry out the purposes of this subdivision and shall in the annual
36 report of the board set forth the progress of the same.
37 § 1060. Employees. The chairman of the board may appoint officers and
38 employees, including such investigators, statisticians, examiners, and
39 other assistants, as may be necessary for the exercise of the powers and
40 the performance of the duties of the chairman of the board.
41 The chairman may transfer officers or employees from their positions
42 to other positions under the board; may abolish or consolidate such
43 positions; and may suspend or remove from office any officer or employee
44 of the board; subject, however, to the provisions of the civil service
45 law.
46 § 1061. Referees and secretary. (a) The chair shall appoint as many
47 persons as may be necessary to be referees to perform the duties
48 prescribed by this section. All positions of referee shall be classified
49 in the competitive class of the classified service.
50 A referee shall devote his or her entire time to the duties of that
51 office and shall not hold any other public office or public employment
52 for which compensation is received, other than necessary travel or other
53 expenses incurred in the performance of the duties of such office or
54 employment, or engage in any private employment or in a profession or
55 business except teaching in an institution of higher education. Such a
56 referee may receive the ordinary compensation for teaching a regular
S. 991 146 A. 1921
1 course of study at any college or university if the teaching does not
2 conflict with the proper performance of the duties of his or her office
3 and is not inconsistent with the public officers law.
4 (b) It shall be the duty of a referee, under rules adopted by the
5 board, to hear and determine claims for compensation, and to conduct
6 such hearings and investigations and to make such orders, decisions and
7 determinations as may be required by any general or special rule or
8 order of the board under the provisions of this chapter. The decision of
9 a referee on such a claim shall be deemed the decision of the board from
10 the date of the filing thereof in the office of the secretary of the
11 board unless the board, on its own motion or on application duly made to
12 it, modify or rescind such decision. Whenever any deaf person is a party
13 to a hearing conducted before a referee, or a witness therein, the
14 referee shall in all instances appoint a qualified interpreter who is
15 certified by a recognized national or New York state credentialing
16 authority to interpret the proceedings to and the testimony of such deaf
17 person. The board shall determine a reasonable fee for all such inter-
18 preting services, the cost of which shall constitute an administrative
19 expense.
20 (c) Notwithstanding any other provisions of this section to the
21 contrary, the chair may establish a list of board employees qualified by
22 training or experience to serve as acting referees. When the chair or
23 his or her duly designated representative shall determine that a tempo-
24 rary emergency exists, he, she or said representative may assign an
25 employee from such list to serve as an acting referee during such tempo-
26 rary emergency. Such board employee qualified by training or experience
27 shall serve without additional compensation and shall have all the
28 powers and duties of a duly appointed referee.
29 (d) There shall be a secretary of the board who shall be appointed and
30 may be removed by the board. The board shall fix his or her salary with-
31 in the limits of the appropriation therefor. The secretary shall perform
32 such duties in connection with meetings of the board and such other
33 duties as may be assigned to him by the board. He shall also perform
34 such of the administrative duties and have such of the administrative
35 powers of the chairman of the board as may be delegated or assigned to
36 him by the chairman.
37 § 1062. Secretary as agent for service of process on non-resident
38 non-insured employers; method and effect of service. Any non-insured
39 employer, not a resident of this state or any resident non-insured
40 employer who becomes a non-resident of this state after the occurrence
41 of any injury to an employee, who shall employ or who shall have
42 employed any person who shall be entitled to benefits under this chap-
43 ter, shall be deemed, by the accepting of the privilege of engaging in
44 work in this state, to make, constitute and appoint the secretary of the
45 workers' compensation board as his or its agent for the acceptance of
46 process in any proceeding by any such employee or dependent or represen-
47 tative of such employee, under and by virtue of this chapter; and the
48 acceptance of such privilege shall be a signification of such employer
49 that any such process issued against him or it, which is so served,
50 shall be of the same legal force and validity as if served upon him or
51 it personally within the state.
52 Service of such process shall be made by filing a copy of the claim
53 for workers' compensation with the secretary of the board, and such
54 service shall be sufficient service upon such non-resident employer,
55 provided that notice of such filing together with copy of the claim for
56 workers' compensation are forthwith sent by registered mail by the
S. 991 147 A. 1921
1 secretary of the board to the employer to the address stated in such
2 claim for workers' compensation or the last known address of the employ-
3 er.
4 A non-resident employer against whom claim for compensation has been
5 filed with the chairman under and by virtue of this chapter shall be
6 deemed to have consented that the appointment of the secretary of the
7 board as his or its agent for the acceptance of process pursuant to the
8 provisions of this section shall be irrevocable and binding upon his
9 executor or administrator. Where the non-resident employer has died
10 prior to the filing of a claim for workers' compensation with the chair-
11 man, service of process shall be made on the executor or administrator
12 of such non-resident employer in the same manner and on the same notice
13 as is provided in the case of a non-resident employer. Where the non-re-
14 sident employer has died subsequent to the service of process made in
15 accordance with the provisions of this section, the proceedings under
16 and by virtue of this chapter shall continue against his executor or
17 administrator upon such notice as the board shall deem proper. The board
18 may order such continuance as may be necessary to afford the employer a
19 reasonable opportunity to defend the claim.
20 This section shall be construed to extend the right of service of
21 process upon non-residents and shall not be construed as limiting any
22 provisions for the service of process now or hereafter existing.
23 § 1063. Administration expenses. 1. The chairman, as soon as practica-
24 ble after September first in each year, shall submit to the commissioner
25 and the director of the budget for his or her approval an estimated
26 budget of expenditures for the succeeding fiscal year. There may not be
27 expended by the board for purposes of administration more than the
28 amounts specified in such budget for each item of expenditure, except as
29 authorized by the director of the budget. If there are officers or
30 employees of the board whose duties relate partly to the general work of
31 the board and partly to other activities of the department, and in case
32 there is other expense which is incurred jointly on behalf of the gener-
33 al work of the board and the department of labor, an equitable appor-
34 tionment of the expense shall be made and the part thereof which is
35 applicable to the board shall be chargeable thereto. The board shall
36 include in its annual report to the governor a statement showing the
37 expense of administering the workers' compensation law for the preceding
38 fiscal year.
39 2. (a) The chairman and the department of audit and control annually
40 as soon as practicable after April first shall ascertain the total
41 amount of expenses, including in addition to the direct costs of
42 personal service, the cost of maintenance and operation, the cost of
43 retirement contributions made and workers' compensation premiums paid by
44 the state for or on account of personnel, rentals for space occupied in
45 state owned or state leased buildings, such additional sum as may be
46 certified to the chairman and the department of audit and control as a
47 reasonable compensation for services rendered by the department of law
48 and expenses incurred by such department, for the training and education
49 program on occupational safety and health created pursuant to article
50 twenty-nine of this chapter, for the New York state occupational health
51 clinics network, for the department of labor occupational safety and
52 health program and for transfer into the uninsured employers' fund
53 pursuant to subdivision two of section twenty-six-a of the workers'
54 compensation law, and all other direct or indirect costs, incurred by
55 the board during the preceding fiscal year in connection with the admin-
56 istration of this article and the workers' compensation law, except
S. 991 148 A. 1921
1 those expenses for which an assessment is authorized pursuant to subdi-
2 vision five of section fifty and sections two hundred twenty-eight and
3 three hundred twenty-five of the workers' compensation law.
4 (b) An itemized statement of the expenses so ascertained shall be open
5 to public inspection in the office of the board for thirty days after
6 notice to the state insurance fund, all insurance carriers and all self-
7 insurers affected thereby, before the board shall make an assessment for
8 such expenses. The chairman shall assess upon and collect a proportion
9 of such expenses as hereinafter provided from each insurance carrier,
10 the state insurance fund and each self-insurer. The assessment for such
11 expenses shall be allocated to (i) self-insurers and the state insurance
12 fund based upon the proportion that the total compensation payments made
13 by all self-insurers and the state insurance fund in such year bore to
14 the total compensation payments made by all self-insurers, the state
15 insurance fund and all insurance carriers and (ii) insurance carriers
16 based upon the proportion that the total compensation payments made by
17 all insurance carriers in such year bore to the total compensation
18 payments by all self-insurers, the state insurance fund and all insur-
19 ance carriers during the fiscal year which ended within said preceding
20 calendar year. The portion of the assessment for such expenses allocated
21 to self-insurers and the state insurance fund that shall be collected
22 from each self-insurer and the state insurance fund shall be a sum equal
23 to the proportion of the amount which the total compensation payments of
24 each such self-insurer or the state insurance fund in such year bore to
25 the total compensation payments made by all self-insurers and the state
26 insurance fund. The portion of the assessment for such expenses allo-
27 cated to insurance carriers that shall be collected from each such
28 insurance carrier shall be a sum equal to that proportion of the amount
29 which the total premiums written by each such insurance carrier in such
30 year bore to the total written premiums reported by all insurance carri-
31 ers. The amounts so secured shall be used for the payment of the
32 expenses of administering this article and the workers' compensation
33 law.
34 For purposes of this paragraph, "direct premiums written" means gross
35 premiums, including policy and membership fees, less return premiums and
36 premiums on policies not taken. The amounts so secured shall be used for
37 the payment of the expenses of administering this article and the work-
38 ers' compensation law.
39 For the purposes of this paragraph, the term "insurance carrier" shall
40 include only stock corporations, mutual corporations and reciprocal
41 insurers authorized to transact the business of workers' compensation
42 insurance in this state and the term "self-insurer" shall include any
43 employer or group of employers permitted to pay compensation directly
44 under the provisions of subdivision three, three-a or four of section
45 fifty of the workers' compensation law.
46 (c) Assessments for the special disability fund, the fund for reopened
47 cases and for the operations of the board shall not constitute elements
48 of loss but shall for collection purposes be treated as separate costs
49 by carriers. All insurance carriers, including the state insurance fund,
50 shall collect such assessments from their policyholders through a
51 surcharge based on premium in accordance with rules set forth by the New
52 York compensation insurance rating board, as approved by the superinten-
53 dent of insurance. Such surcharge shall be considered as part of a
54 premium for purposes prescribed by law including, but not limited to,
55 computing premium tax, reporting to the superintendent of insurance
56 pursuant to section ninety-nine of the workers' compensation law and
S. 991 149 A. 1921
1 section three hundred seven of the insurance law, determining the limi-
2 tation of expenditures for the administration of the state insurance
3 fund pursuant to section eighty-eight of the workers' compensation law
4 and the cancellation of an insurance carrier, including the state insur-
5 ance fund, of a policy for non-payment of premium.
6 3. Notwithstanding the provisions of subdivision two of this section,
7 the chairman shall require that partial payments for expenses of the
8 fiscal year shall be made on March tenth of the preceding fiscal year
9 and on June tenth, September tenth, and December tenth of each year, or
10 on such other dates as the director of the budget may prescribe, by each
11 insurance carrier, including the state insurance fund. Each such payment
12 shall be a sum equal to twenty-five per centum of the annual expenses
13 assessed upon each carrier, including the state insurance fund, as esti-
14 mated by the chairman. The balance of assessments for the fiscal year
15 shall be paid upon determination of the actual amount due in accordance
16 with the provisions of subdivision two of this section. Any overpayment
17 of annual assessments resulting from the requirements of this subdivi-
18 sion shall be refunded or at the option of the chairman shall be applied
19 as a credit against the assessment of the succeeding fiscal year. The
20 requirements of this subdivision shall not apply to those carriers whose
21 estimated annual assessment for the fiscal year is less than one hundred
22 dollars and such carriers shall make a single payment of the estimated
23 annual assessment on or before September tenth of the fiscal year.
24 4. The provisions of subdivision three of this section shall be appli-
25 cable to any county, city, town, village, or other political subdivision
26 failing to secure compensation pursuant to subdivisions one and two of
27 section fifty of the workers' compensation law.
28 5. The provisions of this section shall not apply with respect to
29 policies containing coverage pursuant to section three thousand four
30 hundred twenty of the insurance law relating to every policy providing
31 comprehensive personal liability insurance on a one, two, three or four
32 family owner-occupied dwelling.
33 § 1064. Administrative regulations. The chairman of the board may
34 make, amend and repeal regulations for the administration of the board
35 and its employees. Such regulations shall not be deemed rules within the
36 meaning of this chapter or of the workers' compensation law unless the
37 context of such regulations otherwise requires.
38 The chairman may by order filed in the office of the secretary dele-
39 gate any of his administrative powers to or direct any of his duties
40 other than as a member of the board to be performed by any other officer
41 of the board or the head of any bureau or section of the board.
42 § 1065. Annual report. The board shall on or before the first day of
43 February in each year make an annual report in writing to the governor,
44 stating in detail the work it has done in hearing and deciding cases and
45 otherwise.
46 § 1066. Construction of article. This article shall be construed as a
47 continuation of those parts of article two of chapter thirty-six of the
48 laws of nineteen hundred nine, entitled "An act relating to labor,
49 constituting chapter thirty-one of the consolidated laws," as amended by
50 chapter fifty of the laws of nineteen hundred twenty-one, and acts amen-
51 datory thereof, insofar as it relates to the administration of the work-
52 men's compensation law, and not as a new enactment.
53 § 1067. Saving clause. This article shall not affect pending actions,
54 civil or criminal, brought by or against the department of labor or the
55 commissioner of labor, the workers' compensation board or chairman ther-
56 eof, but the same may be prosecuted or defended in the same manner and
S. 991 150 A. 1921
1 with the same effect as if this article had not been passed, by the
2 commissioner of labor if the subject matter of the action or proceeding
3 falls within his or her jurisdiction and otherwise by the workers'
4 compensation board or the chairman thereof. Every rule, regulation,
5 order, permit or license of the workers' compensation board in force
6 when this article takes effect shall continue in force until such rule,
7 regulation or order be amended or repealed or such permit or license
8 revoked or terminated pursuant to the provisions of this chapter or of
9 the workers' compensation law, or otherwise.
10 § 1068. Separability. If any clause, sentence, paragraph, or part of
11 this article or the application thereof to any person or circumstances,
12 shall, for any reason, be adjudged by a court of competent jurisdiction
13 to be invalid, such judgment shall not affect, impair, or invalidate the
14 remainder of this article, and the application thereof to any person or
15 circumstances, but shall be confined in its operation to the clause,
16 sentence, paragraph, or part thereof directly involved in the controver-
17 sy in which such judgment shall have been rendered and to the person or
18 circumstances involved. It is hereby declared to be the legislative
19 intent that this article would have been adopted had such invalid
20 provisions not been included.
21 § 1069. Application of article to volunteer firefighters' benefit law
22 or the volunteer ambulance workers' benefit law. The following terms
23 used in this article, unless inconsistent with the volunteer firefight-
24 ers' benefit law or the volunteer ambulance workers' benefit law, are
25 hereby enlarged as follows:
26 1. "Employer" includes any political subdivision liable for benefits
27 pursuant to the volunteer firefighters' benefit law or the volunteer
28 ambulance workers' benefit law.
29 2. "Employee" includes a volunteer firefighter or volunteer ambulance
30 worker who has been or might be injured in the line of duty or who dies
31 or might die from such an injury. When a political subdivision or a
32 district or area thereof is responsible for the payment of benefits
33 pursuant to the volunteer firefighters' benefit law or the volunteer
34 ambulance workers' benefit law, it shall be deemed the "employer" of
35 such "employee".
36 3. "Workers' compensation" and "compensation" include the benefits in
37 relation to volunteer firefighters or volunteer ambulance workers pursu-
38 ant to the volunteer firefighters' benefit law of the volunteer ambu-
39 lance workers' benefit law.
40 4. "This chapter" includes the workers' compensation law, the volun-
41 teer firefighters' benefit law and the volunteer ambulance workers'
42 benefit law, except when such a meaning is inconsistent with this arti-
43 cle.
44 5. "Subdivisions one and two of section fifty," as used in section one
45 hundred fifty-one of this chapter, includes subdivision nine of section
46 thirty of the volunteer firefighters' benefit law and subdivision nine
47 of section thirty of the volunteer ambulance workers' benefit law.
48 § 30. Section 533 of the labor law is REPEALED.
49 § 31. Section 911 of the labor law is REPEALED.
50 § 32. Subdivisions 15 and 16 of section 27-a of the labor law are
51 REPEALED.
52 § 33. Subdivisions 3-b and 3-c of section 220 of the labor law are
53 REPEALED and subdivisions 3-d and 3-e are redesignated subdivisions 3-b
54 and 3-c.
S. 991 151 A. 1921
1 § 34. Subdivision (e) of section 4 of chapter 624 of the laws of 1981
2 relating to enacting the "Garment Industry Job Retention Act" is
3 REPEALED.
4 § 35. Subdivision 2 of section 673 of the labor law, as amended by
5 chapter 972 of the laws of 1983, is amended to read as follows:
6 2. Existing wage order. The minimum wage order in effect on the effec-
7 tive date of this act shall remain in full force and effect, except as
8 modified in accordance with the provisions of this article [by the
9 commissioner after considering the recommendations, if any, of the advi-
10 sory council established by section six hundred seventy-five of this
11 article].
12 § 36. Subdivision 3 of section 674 of the labor law, as amended by
13 chapter 144 of the laws of 1974, is amended to read as follows:
14 3. Such regulations shall be promulgated by the commissioner[: (a)
15 after consultation with and due consideration of the recommendations of
16 the advisory council established by section six hundred seventy-five of
17 this article; and (b)] after a public hearing held after due notice.
18 § 37. Section 675 of the labor law is REPEALED.
19 § 38. Subdivision 5 of section 481 of the general business law, as
20 added by chapter 754 of the laws of 1975, is amended to read as follows:
21 5. "Commissioner" means the [industrial] commissioner of labor of the
22 state of New York.
23 § 39. Subdivision 3 of section 483 of the general business law, as
24 added by chapter 55 of the laws of 1992, is amended to read as follows:
25 3. Any member of a blaster examining board, crane operating examining
26 board[, laser operating examining board,] or other board created pursu-
27 ant to rules and regulations of the commissioner to implement this arti-
28 cle shall serve without salary or other compensation.
29 § 40. Section 483 of the general business law is amended by adding a
30 new subdivision 4 to read as follows:
31 4. The laser operating examining board is hereby abolished and any
32 reference to the laser operating examining board, in law or regulation,
33 shall be deemed a reference to the commissioner of labor. Any incon-
34 sistent regulation or part thereof shall be deemed repealed as of the
35 effective date of this subdivision.
36 § 41. The labor law is amended by adding a new section 20-a to read as
37 follows:
38 § 20-a. Worker protection license, certificate and permit processing
39 and collections unit. There is hereby created within the department of
40 labor the worker protection license, certificate and permit processing
41 and collections unit.
42 § 42. The article heading of article 29 of the labor law, as added by
43 chapter 886 of the laws of 1985, is amended to read as follows:
44 COMPLIANCE ASSISTANCE AND TRAINING AND EDUCATION
45 PROGRAM ON OCCUPATIONAL SAFETY AND HEALTH
46 § 43. Section 884 of the labor law, as added by chapter 886 of the
47 laws of 1985, is amended to read as follows:
48 § 884. Legislative findings and intent. The workers of New York state,
49 both public and private, pursuant to state and federal laws, have the
50 right to a safe and healthy workplace, including, pursuant to the
51 provisions of article twenty-eight of this chapter, the right to train-
52 ing and education about the toxic substances in their workplace.
53 It is the public policy of this state to promote safe and healthy
54 conditions in the workplace. Further, it is the public policy of this
55 state to encourage voluntary compliance with safety and health regu-
S. 991 152 A. 1921
1 lations and the prevention of illness and injury through compliance
2 assistance and training and education programs.
3 Therefore, it is the intent of this legislature to achieve the full
4 benefits of such preventive measures by creating a compliance assistance
5 and training and educational program on occupational safety and health,
6 which will operate through a program of grants to employers (public or
7 private), labor organizations or their federations, trade associations,
8 nonprofit organizations and educational institutions, for conducting
9 training, education, and other proven preventive programs. Furthermore,
10 it is the legislature's intention to foster voluntary preventive activ-
11 ities on the part of employers and employees by the utilization of the
12 compliance assistance and training and education program on occupational
13 safety and health.
14 § 44. Section 885 of the labor law, as added by chapter 886 of the
15 laws of 1985, is amended to read as follows:
16 § 885. Definitions. As used in this article:
17 1. ["Board" shall mean the New York state occupational safety and
18 health hazard abatement board created pursuant to the provisions of
19 section twenty-seven-a of this chapter.
20 2.] The term "program" shall mean the compliance assistance and train-
21 ing and education program on occupational safety and health created
22 pursuant to the provisions of section eight hundred eighty-six of this
23 article.
24 [3.] 2. The term "fund" shall mean the training and education program
25 on occupational safety and health fund created pursuant to the [provi-
26 sons] provisions of section ninety-seven-c of the state finance law.
27 3. The term "compliance assistance" shall mean aiding employers and
28 employees in complying with occupational safety and health standards to
29 abate workplace hazards by providing training, education and technical
30 assistance.
31 § 45. Section 886 of the labor law, as added by chapter 886 of the
32 laws of 1985, subdivision 3 as added by chapter 191 of the laws of 1992,
33 is amended to read as follows:
34 § 886. [Training] The compliance assistance and training and education
35 program on occupational safety and health. 1. There is hereby created a
36 compliance assistance and training and education program on occupational
37 safety and health.
38 2. The [board] commissioner shall, pursuant to the provisions of
39 subdivision [fourteen] four of this section [twenty-seven-a of this
40 chapter], provide compliance assistance, grants to employers (public or
41 private), labor organizations or their federations, trade associations,
42 nonprofit organizations and educational institutions to provide occupa-
43 tional safety and health education and training services to employees
44 and employers at locations throughout the state, including education
45 services as required under article twenty-eight of this chapter, train-
46 ing and education and compliance assistance for employees concerning the
47 prevention of occupational diseases and injuries, and any other services
48 deemed effective to promote the prevention of accidents and illness.
49 3. Apportionment of funds. (a) [The] Subject to a plan submitted by
50 the commissioner and approved by the director of the budget, the depart-
51 ment shall retain [no more than ten] a minimum of twenty-five percent
52 of the appropriated funds [for the administration of] to award grants
53 under this program.
54 (b) Any funds reappropriated for the purposes provided in this article
55 which the commissioner determines to be unencumbered as of July first of
56 the year in which said grants lapse, shall, by January first of the next
S. 991 153 A. 1921
1 succeeding year, be awarded to grantees in the same manner as all other
2 funds appropriated for this purpose in the same manner as other grants
3 under subdivision two of this section.
4 4. The commissioner shall have the power, and it shall be his or her
5 duty to assist employers in abating workplace hazards and complying with
6 all applicable safety and health standards promulgated pursuant to this
7 chapter. The commissioner may also receive, review, and act upon appli-
8 cations for funding for programs designed to provide occupational safety
9 and health training and education for employees pursuant to the
10 provisions of this article.
11 5. The commissioner may require, as part of such applications made
12 pursuant to the provisions of this article, such information as he or
13 she deems necessary and shall act upon such applications within a
14 reasonable time.
15 § 46. Subdivisions 3 and 4 of section 97-c of the state finance law,
16 as amended by chapter 309 of the laws of 1996, are amended to read as
17 follows:
18 3. Moneys of the fund shall be available to the [New York state occu-
19 pational safety and health hazard abatement board] department of labor
20 for purposes of carrying out the provisions of article twenty-nine of
21 the labor law and [to the department of labor for] worker protection
22 activities under its jurisdiction.
23 4. The moneys shall be paid out of the fund on the audit and warrant
24 of the comptroller on vouchers certified or approved [by the chairperson
25 of the board or his or her designee or] by the commissioner of labor or
26 his or her designee.
27 § 47. Paragraph b of subdivision 4 of section 27-a of the labor law,
28 as amended by chapter 706 of the laws of 1990, is amended to read as
29 follows:
30 b. Notwithstanding the provisions of paragraph a of this subdivision,
31 the commissioner[, in consultation with the state occupational safety
32 and health hazard abatement board, shall] may promulgate rules and regu-
33 lations [recommended to him by such board] which establish standards
34 whenever [such board] the commissioner finds (i) that no federal stand-
35 ard exists for the particular condition being addressed and that such a
36 standard is necessary for the protection of the public employees at
37 risk, or (ii) a federal standard exists, but conditions in public work-
38 places in this state require a different standard, and such state stand-
39 ard will be at least as effective in providing safe and healthful places
40 of employment as the federal standard.
41 § 48. Paragraphs (a) and (b) of subdivision 1 of section 169 of the
42 executive law, as amended by chapter 634 of the laws of 1998, are
43 amended to read as follows:
44 (a) commissioner of correctional services, commissioner of education,
45 commissioner of health, commissioner of mental health, commissioner of
46 mental retardation and developmental disabilities, commissioner of chil-
47 dren and family services, commissioner of temporary and disability
48 assistance, chancellor of the state university of New York, commissioner
49 of transportation, commissioner of environmental conservation, commis-
50 sioner of labor and commissioner of general services;
51 (b) [commissioner of labor,] chairman of public service commission,
52 superintendent of state police, commissioner of taxation and finance,
53 superintendent of banks, commissioner of criminal justice services,
54 superintendent of insurance, and commissioner of parks, recreation and
55 historic preservation;
S. 991 154 A. 1921
1 § 49. The labor law is amended by adding a new article 12 to read as
2 follows:
3 ARTICLE 12
4 FAIR WAGES TASK FORCE
5 Section 330. Fair wages task force; definitions.
6 331. Establishment of a fair wages task force.
7 332. Duties.
8 333. Powers.
9 334. Task force training; assistance of agencies.
10 § 330. Fair wages task force; definitions. As used in this article,
11 the following terms shall have the following meanings:
12 (a) "Commissioner" shall mean the commissioner of labor;
13 (b) "Department" shall mean the department of labor; and
14 (c) "Task force" shall mean the fair wages task force within the
15 department.
16 § 331. Establishment of a fair wages task force. The commissioner is
17 authorized to establish a fair wages task force for the purpose of
18 concentrating enforcement of the provisions of this chapter affecting
19 employees in manufacturing, service and other industries where there may
20 be a concentration of workers at risk of exploitation in New York state
21 and otherwise exercising the duties and powers set forth in sections
22 three hundred thirty-two and three hundred thirty-three of this article.
23 Such task force shall be empowered to investigate and conduct
24 inspections.
25 § 332. Duties. The task force is charged with the following duties:
26 1. to inspect manufacturing, service and other industries with respect
27 to their respective employees, for compliance with the provisions of
28 this chapter; and
29 2. to ensure, with respect to their respective employees, compliance
30 by manufacturing, service and other industries with orders of, and
31 assessments of civil penalties by the commissioner pursuant to this
32 article.
33 § 333. Powers. Notwithstanding any other state or local law or regu-
34 lation to the contrary, the task force shall have the following powers:
35 1. to inspect books, records and premises of employers, with respect
36 to their respective employees to determine compliance with this chapter,
37 including but not limited to, minimum wage, overtime compensation, unem-
38 ployment insurance coverage and child labor; and
39 2. when in the course of inspections pursuant to subdivision one of
40 this section, (a) to inspect books and records of employers with respect
41 to their respective employees concerning the deduction and remittance to
42 the proper authorities of all federal, state and local payroll taxes and
43 to refer to the appropriate authorities any instance in which there is
44 reasonable cause to believe that the payment of federal, state and local
45 payroll taxes is being evaded; and
46 (b) to take action authorized by this chapter necessary to implement
47 its provisions.
48 § 334. Task force training; assistance of agencies. 1. The task force
49 shall receive training to be provided by the state as is necessary to
50 carry out the duties and powers of the task force.
51 2. The task force may request from any department, division, board,
52 bureau, commission or other agency of the state, any political subdivi-
53 sion of the state, a public authority or any other governmental agency
54 or instrumentality of the state, such assistance as shall enable it to
55 properly carry out its powers and duties under the provisions of this
56 section.
S. 991 155 A. 1921
1 § 50. Subdivision (g) of section 340 of the labor law, as amended by
2 chapter 652 of the laws of 1989, is amended to read as follows:
3 (g) "Special task force" shall mean the [special task force on the
4 apparel industry] fair wages task force created within the department
5 pursuant to article twelve of this chapter; and
6 § 51. This act shall take effect immediately and shall be deemed to
7 have been in full force and effect on and after April 1, 2005; provided,
8 however, that sections four through twelve of this act shall take effect
9 October 1, 2005.
10 PART M
11 Section 1. Subdivision 3 of section 97-zzz of the state finance law,
12 as added by section 3-a of part B of chapter 83 of the laws of 2002, is
13 amended to read as follows:
14 3. Moneys of this account, following appropriation by the legislature,
15 shall be available to support the following agencies and programs: (a)
16 the state education department for services and expenses of the cultural
17 education program including operating expenses and capital projects and
18 the New York state summer school of the arts subject to a plan approved
19 by the commissioner of education and the director of the budget; (b) the
20 New York state theatre institute subject to a plan approved by the
21 director of the budget; and (c) the Nelson A. Rockefeller performing
22 arts center corporation subject to a plan approved by the director of
23 the budget.
24 § 2. Section 97-fff of the state finance law, as added by section 82
25 of part A of chapter 436 of the laws of 1997, is amended to read as
26 follows:
27 § 97-fff. Summer [institute for science, mathematics and] school of
28 the arts account. 1. There is hereby established in the joint custody of
29 the state comptroller and the commissioner of the department of taxation
30 and finance an account of the miscellaneous special revenue fund to be
31 known as the summer [institute for science, mathematics and] school of
32 the arts account.
33 2. Notwithstanding any other law, rule or regulation to the contrary,
34 the state comptroller is hereby authorized and directed to receive for
35 deposit to the credit of the summer [institute for science, mathematics
36 and] school of the arts account, tuition, fees, monies transferred from
37 other funds and accounts pursuant to law and charge backs to other state
38 agencies and school districts for services and programs of the summer
39 [institute for science, mathematics and] school of the arts.
40 3. Moneys of this account, following appropriation by the legislature,
41 shall be available to the state education department for services and
42 expenses of the summer [institute for science, mathematics and] school
43 of the arts.
44 § 3. This act shall take effect immediately and shall be deemed to
45 have been in full force and effect on and after April 1, 2005.
46 PART N
47 Section 1. Section 140 of the education law is REPEALED.
48 § 2. Sections 232, 233, 233-a, 234 and 235 of the education law are
49 REPEALED.
50 § 3. Sections 245, 246, 247, 248, 249, 250, 251 and 252 of the educa-
51 tion law are REPEALED.
S. 991 156 A. 1921
1 § 4. The arts and cultural affairs law is amended by adding a new
2 title P to read as follows:
3 TITLE P
4 THE NEW YORK INSTITUTE FOR CULTURAL EDUCATION
5 Article 40. General provisions (§§ 40.01 - 40.09)
6 41. State museum (§§ 41.01 - 41.07)
7 42. State library (§§ 42.01 - 42.06)
8 ARTICLE 40
9 GENERAL PROVISIONS
10 Section 40.01. Legislative findings and purposes.
11 40.02. Definitions.
12 40.03. New York institute for cultural education; establishment.
13 40.04. Board of the institute.
14 40.05. Preliminary powers of the board.
15 40.06. General powers and duties of the institute.
16 40.07. Public hearings.
17 40.08. Budget requests.
18 40.09. Reporting.
19 § 40.01. Legislative findings and purposes. The legislature hereby
20 finds and declares as follows:
21 1. The cultural resources of the state of New York including the state
22 museum, state library and state archives are in need of further invest-
23 ment and innovation to benefit from the most advanced technologies and
24 to meet their full potential to contribute to economic development,
25 tourism and the cultural experiences of the state's residents and visi-
26 tors. Such investment and innovation can be accomplished by appropriate
27 organizational and financial arrangements relating to the management of
28 critical cultural institutions that would ensure them a high degree of
29 autonomy, reliable sources of adequate revenues and a leadership which
30 is fully focused on the promotion of all of the state's cultural
31 resources, capable of forging partnerships with federal, local and state
32 government agencies, non-profit organizations and foundations and corpo-
33 rations, and accountable to the public and the leaders of the state.
34 Therefore, with the enactment of this legislation, it is the intent of
35 the legislature to create the New York institute for cultural education
36 with the central mission of enriching the state's cultural resources and
37 to bestow such institute with necessary powers, flexibility and funding
38 sources and to transfer to such institute the administrative responsi-
39 bilities for certain critical cultural institutions that are currently
40 administered by the state education department.
41 2. The purposes of the New York institute for cultural education shall
42 include, but not be limited to: a. Provide leadership for the develop-
43 ment of the state's cultural resources in partnership with local govern-
44 ments, not-for-profit cultural organizations, and the private sector;
45 b. Cooperate with and assist other state and federal departments,
46 boards, commissions, agencies, public benefit corporations and public
47 authorities in the development of policies and programs which encourage
48 promotion, development, or preservation of the state's cultural
49 resources;
50 c. Strengthen the interrelationships and cooperation among entities
51 that work with different aspects of the state's cultural resources
52 including the management, preservation, display and dissemination of
53 records, artifacts and information;
54 d. Promote cultural tourism to strengthen and diversify the state's
55 economy, create private employment opportunities, and to highlight the
56 state's cultural diversity;
S. 991 157 A. 1921
1 e. Use and encourage the use of the most current and appropriate tech-
2 nology to preserve cultural resources and facilitate the understanding
3 and appreciation of such resources by the general public;
4 f. Accept gifts, contributions and bequests of funds and properties
5 from individuals, foundations, corporations and other organizations and
6 institutions for the purpose of enhancing the efforts for preservation
7 and promotion of cultural resources;
8 g. Provide for the financial stability and growth of the state museum,
9 state library, and state archives by maximizing revenues from both
10 public and private sources;
11 h. Administer programs of technical and financial aid for local
12 governments and not-for-profit organizations to encourage cultural
13 development programs and events; and
14 i. Contribute to the mutual understanding of the cultural heritage of
15 various regions and nations by participating in cultural exchange
16 programs with other states and regions in the United States and other
17 countries.
18 § 40.02. Definitions. As used in this title, the following terms shall
19 have the following meanings unless otherwise specified:
20 1. "Institute" shall mean the New York institute for cultural educa-
21 tion.
22 2. "Board" shall mean the board of the New York institute for cultural
23 education.
24 3. "Chief executive officer" shall mean the chief executive officer of
25 the New York institute for cultural education.
26 § 40.03. New York institute for cultural education; establishment.
27 There is hereby created the New York institute for cultural education, a
28 body corporate and politic constituting a public corporation.
29 § 40.04. Board of the institute. 1. The institute shall be headed by a
30 board which shall consist of fifteen members each appointed for five-
31 year terms as follows: eight members appointed by the governor; two
32 members appointed by the majority leader of the senate; two members
33 appointed by the speaker of the assembly; one member appointed by the
34 minority leader of the senate; one member appointed by the minority
35 leader of the assembly; and one member appointed by the board of
36 regents. Members shall be appointed for their interest in the promotion
37 and advocacy of the cultural resources of New York; their knowledge and
38 experience regarding resources for cultural and educational programs;
39 and their support for the purposes of the institute.
40 2. Initial appointments to the board shall be for staggered terms as
41 follows: two of the appointments by the governor and the two appoint-
42 ments by minority leaders of the legislature shall be for two year
43 terms; two of the appointments by the governor and one of the appoint-
44 ments by the majority leader of the senate and one of the appointments
45 by the speaker of the assembly shall be for three year terms; two of the
46 appointments by the governor and one of the appointments by the majority
47 leader of the senate and one of the appointments by the speaker of the
48 assembly shall be for four year terms; and two of the appointments by
49 the governor and one appointment by the board of regents shall be for
50 five year terms.
51 3. Members of the board may be reappointed and may serve two consec-
52 utive full terms, in addition to the term of the initial appointment,
53 but not more than twelve consecutive years. Each member shall continue
54 in office until such member's successor has been appointed and quali-
55 fies. Such continuation in office shall not be counted in determining
56 whether a member has served twelve consecutive years. In the event of a
S. 991 158 A. 1921
1 vacancy occurring in the office of any member, other than by the expira-
2 tion of a member's term, such vacancy shall be filled for the balance of
3 the unexpired term, if applicable, in the same manner as the original
4 appointment.
5 4. Members of the board shall receive no compensation for their
6 services, but shall be reimbursed for the actual and necessary expenses
7 incurred by them in the performance of their duties.
8 5. A majority of the whole number of members then in office shall
9 constitute a quorum for the transaction of any business or the exercise
10 of any power of the board. Except as otherwise specified in this chap-
11 ter, for the transaction of any business or the exercise of any power of
12 the board, the board shall have the power to act by a majority of
13 members present at a meeting at which a quorum is in attendance. The
14 board may delegate to one or more of its members, or to its officers,
15 agents or employees, such powers and duties as the board may deem prop-
16 er.
17 6. Notwithstanding any inconsistent provision of any general, special
18 or local law, ordinance, resolution or charter, no officer, member or
19 employee of the state, or of any public corporation, shall have to
20 forfeit his or her office or employment or any benefits provided under
21 the retirement and social security law or under any public retirement
22 system maintained by the state or any of its subdivisions by reason of
23 his or her acceptance of membership on the board, nor shall the service
24 on such board be deemed incompatible or in conflict with such office or
25 employment.
26 7. The governor shall designate one of the members of the board as the
27 chair of such board.
28 § 40.05. Preliminary powers of the board. Notwithstanding any incon-
29 sistent provision of law to the contrary, the board is hereby authorized
30 to exercise the powers of such board if sixty days after the effective
31 date of this article fewer than fifteen members but at least nine
32 members have been appointed to the board, then such board is further
33 authorized to take any action which the board is otherwise authorized to
34 take upon a favorable vote of a majority of the board members present at
35 the meeting at which such action is taken. The provisions of this
36 section shall expire and be deemed repealed upon the appointment of all
37 fifteen members of the board.
38 § 40.06. General powers and duties of the institute. For carrying out
39 its purposes, the institute shall have power to:
40 1. Sue and be sued;
41 2. Have a seal and alter the same at pleasure;
42 3. Acquire, hold and dispose of personal property for its corporate
43 purposes, including the power to purchase, alter, install and dispose of
44 fixtures, installations and equipment. The institute may dispose of its
45 own property, provided however, that any such action is subject to a
46 resolution which must be approved by a majority of the members of the
47 board at a meeting;
48 4. Lease other real property from the state and other entities for
49 such terms and such conditions as may be agreed upon and, subject to the
50 provisions of such lease or leases, to sublease said property to others;
51 5. Appoint such employees as it may require for the performance of its
52 duties, and to fix and determine their qualifications, duties, and
53 compensation and to retain or employ counsel, auditors, and private
54 consultants on a contract basis or otherwise for rendering professional
55 or technical services and advice;
S. 991 159 A. 1921
1 6. Make all contracts necessary and convenient to carry out its
2 purposes of promotion, education and operations, to execute all instru-
3 ments necessary and convenient, and to determine all procedures, sched-
4 ules and criteria necessary to implement the institute's statutory
5 duties;
6 7. Accept gifts, grants, loans or contributions from the United
7 States, the state of New York, or any agency or instrumentality of
8 either of them, or individuals, foundations, firms or corporations, and
9 other entities by bequest or otherwise, and to expend the proceeds for
10 any purposes of the institute;
11 8. Be required to pay no taxes or assessments upon any of the property
12 acquired by or under its jurisdiction, control or supervision, or upon
13 its activities;
14 9. Administer the state museum, state library, state archives and
15 other programs assigned to the institute by statute, and do all things
16 necessary or convenient to carry out the functions, powers and duties
17 expressly set forth in this article including determination and
18 collection of appropriate fees and charges on the users of such
19 programs;
20 10. Appoint the chief executive officer of the institute, who shall
21 hold office at the pleasure of the board, and establish the salary and
22 other remunerations of such chief executive officer provided, however,
23 that the first chief executive officer shall be designated by the gover-
24 nor who shall also prescribe the salary and remunerations of such first
25 chief executive officer;
26 11. Administer various programs of technical and financial assistance
27 for non-profit organizations and local governments as consistent with
28 applicable statutes and pursuant to the policies of the institute within
29 appropriations provided by the legislature and the institute's own
30 resources;
31 12. Hold meetings in accordance with the open meetings law at least
32 quarterly and at other times at the request of the chair or any three
33 members of the board upon giving notice thereof to all members of the
34 institute at least forty-eight hours in advance.
35 § 40.07. Public hearings. The institute shall hold one public hearing
36 each year in Albany at a location designated by the board fifteen days
37 after the submission of the institute's budget to the board and before
38 the board votes on its yearly budget proposal. At least fifteen days
39 prior to holding the public hearing pursuant to this section, the board
40 shall give public notice of such hearing in at least three newspapers of
41 general circulation located throughout the state and in other media as
42 appropriate and feasible. The purpose of the hearing shall be to solicit
43 from members of the public, suggestions, comments, and observations
44 about the cultural resources of the state of New York and to afford the
45 institute an opportunity to present and explain its activities and
46 programs including, but not limited to, the cultural and educational
47 institutions and the technical and financial aid programs administered
48 by the institute, and to answer questions. The chief executive officer
49 shall be responsible for conducting such hearings.
50 § 40.08. Budget requests. The institute shall annually submit a budget
51 request to the director of the budget at the same time as budget
52 requests are required to be submitted by state agencies. The proposed
53 request shall consist of the projected requirements of the institute in
54 relation to all funds subject to appropriation by the legislature. Such
55 budget request shall be presented in a manner prescribed by the division
56 of the budget and shall comply with the directives issued by the budget
S. 991 160 A. 1921
1 director. Upon request of the division of the budget, the chief execu-
2 tive officer shall promptly provide additional information relating to
3 the institute's budget request including data on revenues, expenditures,
4 staffing and programs for prior years and projected revenues, expendi-
5 tures, staffing and programs for the year to which the budget request
6 relates.
7 § 40.09. Reporting. 1. The board of the institute shall issue a report
8 to the governor and the legislature on or before September thirtieth of
9 each year on the condition of the cultural resources in the state during
10 the fiscal year of the institute immediately preceding the date of such
11 report. Such report shall include, but not be limited to the following:
12 (a) An overview of the cultural assets in the state, the degree to
13 which they are utilized as indicated by such measures as attendance,
14 memberships, private contribution, and ticket sales;
15 (b) An evaluation of the institute's activities as to their contrib-
16 utions to the preservation and promotion of cultural resources; and
17 (c) Comparison of New York's cultural development programs with simi-
18 lar programs in other states.
19 2. The institute shall attach to the report prepared pursuant to
20 subdivision one of this section, copies of the reports of every external
21 examination of the books and accounts of the institute including, but
22 not limited to, an audited statement by an independent certified public
23 accountant experienced in auditing cultural institutions including its
24 receipts and disbursements, or revenues and expenses, during each fiscal
25 year in accordance with generally accepted accounting principles.
26 ARTICLE 41
27 STATE MUSEUM
28 Section 41.01. Authorization.
29 41.02. Collections.
30 41.03. Cultural resource survey.
31 41.04. Native American collection.
32 41.05. Properties of the state museum.
33 41.06. State science service.
34 41.07. New York state biodiversity research institute.
35 § 41.01. Authorization. The institute is hereby authorized and
36 directed to administer the state museum and all related programs,
37 collections, functions and exhibits. The board shall appoint a director
38 of the state museum.
39 § 41.02. Collections. 1. All scientific specimens and collections,
40 works of art, objects of historic interest and similar property appro-
41 priate to a general museum, if owned by the state and not placed in
42 other custody by a specific law, shall constitute the collections of the
43 state museum. The state museum shall be the custodian of the
44 collections, shall perform standard curatorial, research and educational
45 activities.
46 2. Any scientific collection made by a member of the museum staff
47 during his or her term of office shall, unless otherwise authorized by
48 resolution of the board, belong to the state and form part of the state
49 museum.
50 § 41.03. Cultural resource survey. 1. The state of New York, through
51 its legislative authority accepts the provisions of section one hundred
52 twenty of the federal aid highway act of nineteen hundred fifty-six (70
53 Stat. 374) relating to the salvage of archaeological and paleontological
54 objects, including ruins, sites, Native American burial grounds, build-
55 ings, artifacts, fossils or other objects of antiquity having national
56 significance from an historical or scientific standpoint, and empowers
S. 991 161 A. 1921
1 and directs the institute to make agreements with appropriate state
2 departments or agencies and such agency or agencies as the federal
3 government may designate to carry out the purposes of such provision of
4 law.
5 2. Except as otherwise provided in subdivision one of this section, no
6 person shall appropriate, excavate, injure or destroy any object of
7 archaeological and paleontological interest, situated on or under lands
8 owned by the state of New York, without the written permission of the
9 chief executive officer. A violation of this provision shall constitute
10 a misdemeanor. The discovery of such objects shall be forthwith reported
11 to the institute or an agency having jurisdiction over such lands.
12 3. Permits for the examination, excavation or gathering of archaeolog-
13 ical and paleontological objects upon the lands under their respective
14 jurisdictions may be granted by the heads of state departments or other
15 state agencies to persons authorized by the chief executive officer for
16 the purposes of the state museum and state science service, with a view
17 to the preservation of any such objects worthy of permanent preservation
18 and, in all cases, to the acquisition and dissemination of knowledge
19 relating thereto.
20 § 41.04. Native American collection. There shall be a Native American
21 section of the state museum consisting of as complete a collection as
22 practicable of the historical, ethnographic and other records and relics
23 of the Native Americans of the state of New York, including implements
24 or other articles pertaining to their domestic life, economic, legal and
25 political systems, warfare, religion and other rites or customs.
26 § 41.05. Properties of the state museum. 1. As used in this section:
27 (a) The term "museum" shall mean the New York state museum.
28 (b) The term "deaccession" shall mean the permanent removal or
29 disposal of an object from the collection of the museum by virtue of its
30 sale, exchange, donation or transfer by any means to any person.
31 (c) The term "person" shall mean any natural person, partnership,
32 corporation, company, trust association or other entity, however organ-
33 ized.
34 (d) The term "property" means any inanimate object, document or tangi-
35 ble object under the institute's care which has intrinsic historic,
36 artistic, scientific, or cultural value.
37 (e) The term "claimant" means a person who asserts ownership or some
38 other legal right to undocumented property held by the museum.
39 (f) The term "loan" means a deposit of property with the museum not
40 accompanied by a transfer to the museum of title to the property.
41 (g) The term "lender" means a person whose name appears on the records
42 of the museum as the person legally entitled to, or claiming to be
43 legally entitled to, property held by the museum or, if deceased, the
44 legal heirs of such person.
45 (h) The term "lender's address" means the most recent address for the
46 lender shown on the museum's records pertaining to the property on loan,
47 or if the lender is deceased, the last known address of the legal heirs
48 of such lender.
49 (i) The term "permanent loan" means a loan of property to the museum
50 for an unspecified period.
51 (j) The term "undocumented property" means property in the possession
52 of the museum for which the museum cannot determine the owner by refer-
53 ence to its records.
54 (k) The term "conservation measures" means any actions taken to
55 preserve or stabilize a property including, but not limited to, proper
56 storage, cleaning, proper lighting, and restoration.
S. 991 162 A. 1921
1 2. The deaccessioning of property by the museum must be consistent
2 with the mission of the museum.
3 3. Prior to the acquisition of property by gift, the museum shall
4 provide the donor with a written copy of its mission statement and
5 collections policy, which shall include policies and procedures of the
6 museum relating to deaccessioning.
7 4. If the museum has the knowledge of a planned bequest of any proper-
8 ty prior to the death of the testator, the museum shall provide the
9 testator with a written copy of its mission statement and collections
10 policy, which shall include policies and procedures of the museum relat-
11 ing to deaccessioning.
12 5. Proceeds derived from the deaccessioning of any property from the
13 collection of the museum shall be used only for the acquisition of prop-
14 erty for the collection or for the preservation, protection and care of
15 the collection and shall not be used to defray ongoing operating
16 expenses of the museum.
17 6. (a) Notice given by the museum under this section must be mailed to
18 the lender's last known address by certified mail, return receipt
19 requested. Service by mail is complete if the museum receives proof that
20 the notice was received not more than thirty days after it was mailed;
21 provided, however, notice may be given by publication if the museum does
22 not:
23 (i) know the identity of the lender;
24 (ii) know the address of the lender; or
25 (iii) receive proof that the notice mailed under this section was
26 received within thirty days of mailing. Notice by publication must be
27 given at least once a week for three consecutive weeks in a newspaper of
28 general circulation in:
29 (1) the county in which the property is held by the museum; and
30 (2) the county of the lender's last address, if known.
31 (b) The date of notice under this subdivision shall be the date of the
32 third published notice. In addition to any other information that may be
33 required or seem appropriate, any notice given under this section must
34 contain the following:
35 (i) the name of the lender or claimant, if known;
36 (ii) the last address of the lender or claimant, if known;
37 (iii) a brief description of the property on loan to the museum refer-
38 enced in the notice;
39 (iv) the date of the loan, if known, or the approximate date of acqui-
40 sition of the property;
41 (v) the name and address of the museum; and
42 (vi) the name, address, and telephone number of the person to be
43 contacted regarding the property.
44 7. Notwithstanding any other provisions of law regarding abandoned or
45 lost property, the museum may, beginning five years from the date the
46 lender last contacted the museum, clarify title to property on permanent
47 loan or loaned for a specified term that has expired. Proof of such
48 contact shall include previously sent restricted letters or loan forms,
49 returned envelopes, inventories and other documentary evidence. The
50 procedure for clarifying title shall be as follows:
51 (a) The museum must give notice by mail to the lender that it wishes
52 to clarify ownership rights in the property.
53 (b) In addition to the information described in subdivision six of
54 this section, the notice shall be entitled "Notice of Termination" and
55 must include a statement containing substantially the following informa-
56 tion: "The records of the New York State Museum indicate that you have
S. 991 163 A. 1921
1 property on loan at (name of facility). The museum is seeking to deter-
2 mine whether you wish (i) that the museum return the property to you,
3 (ii) that the property remain on loan to the museum subject to annual
4 renewal (if the museum wishes that the property remain on loan), or
5 (iii) that the museum retain the property permanently as its owner.
6 Please contact (name of contact) in writing within one hundred twenty
7 days, in order to advise the museum as to which of the above alterna-
8 tives you wish to follow."
9 (c) (i) If, no later than one hundred twenty days following receipt of
10 the notice described in paragraph (b) of this subdivision, the lender
11 does not respond to the notice of termination by submitting a written
12 claim to the property on loan with verifying documentation, the museum
13 shall send a second notice to the lender containing the following infor-
14 mation: "On (date of first notice), the New York State Museum sent you a
15 notice concerning property that, according to our records, has been
16 loaned to the State Museum. You have not responded to that notice, a
17 copy of which is enclosed, and the museum will commence proceedings to
18 acquire title to the property if you do not contact (name of contact),
19 in writing within one hundred twenty days of receiving this second
20 notice."
21 (ii) If the lender fails to respond to the second notice within one
22 hundred twenty days of receipt, the institute may make an application to
23 the supreme court pursuant to article thirty of the civil practice law
24 and rules for a declaratory judgment to determine the museum's right to
25 such property. In a case in which there is no evidence that the notices
26 previously sent by the museum were received by the lender, upon applica-
27 tion, the supreme court shall specify the method by which service shall
28 be made upon the lender.
29 8. Notwithstanding any other provision of law regarding abandoned or
30 lost property the museum may acquire title to undocumented property held
31 by the museum for at least five years as follows:
32 (a) The museum must give notice by publication that it is asserting
33 title to the undocumented property.
34 (b) In addition to the information described in this subdivision, the
35 notice shall be entitled "Notice of Intent to Acquire Title to Property"
36 and must include a statement containing substantially the following
37 information: "The records of the New York State Museum fail to indicate
38 the owner of record of certain property in its possession. The museum
39 hereby asserts its intent to acquire title to the following property:
40 (general description of property). If you claim ownership of this prop-
41 erty, you must submit written proof of ownership to the museum and make
42 arrangements to collect the property. If you fail to do so within one
43 hundred eighty days, the museum will commence proceedings to acquire
44 title to the property. If you claim an interest in the property but do
45 not possess written proof of such interest, you should submit your name
46 and address and a written statement of your claim to (name of contact),
47 within one hundred eighty days, in order to receive notice of any legal
48 proceedings concerning the property. If you wish to commence legal
49 proceedings to claim the property, you should consult your attorney." If
50 after one hundred eighty days following the last date of publication of
51 such notice no claimant has responded thereto by submitting written
52 proof of ownership of the property to the museum, or if there is a
53 dispute between the museum and any claimant as to ownership of the prop-
54 erty, the institute may make an application to the supreme court pursu-
55 ant to article thirty of the civil practice law and rules for a declara-
56 tory judgment to determine the museum's rights in the property.
S. 991 164 A. 1921
1 9. A copy of all notices required by subdivision seven or eight of
2 this section shall be sent, by certified mail, return receipt requested,
3 to the International Foundation for Art Research, or any successor foun-
4 dation or agency having similar purposes, on or before the date on which
5 such notices are mailed or first published pursuant to the requirements
6 of this section.
7 10. Any person who purchases or otherwise acquires property from the
8 museum acquires good title to such property if the museum has acquired
9 title in accordance with this section.
10 11. The provisions of subdivisions seven and eight of this section
11 shall not apply to any property that has been reported as stolen to a
12 law enforcement agency or to the Art Theft Archives of the International
13 Foundation for Art Research, or any successor foundation or agency
14 having similar purposes, no later than one year following the theft or
15 discovery of the theft.
16 12. The museum shall have the following duty to lenders: (a) When the
17 museum accepts a loan of property, it shall inform the lender in writing
18 of the provisions of this section.
19 (b) The museum shall give a lender, at the lender's address, prompt
20 written notice by mail of any known injury to, or loss of, property on
21 loan or of the need to apply conservation measures. Such notice shall
22 advise the lender of his or her right, in lieu of the application of
23 such conservation measures, to terminate the loan and, no later than
24 thirty days after having received such notice, either retrieve the prop-
25 erty or arrange for its isolation and retrieval. The museum shall not be
26 required to publish notice of injury or loss to any undocumented proper-
27 ty.
28 13. The owner of property loaned to the museum is responsible for
29 promptly notifying the museum, in writing, of any change of address or
30 change in the ownership of the property.
31 14. (a) Unless there is a written loan agreement to the contrary, the
32 museum may apply conservation measures to property on loan to the museum
33 without giving formal notice or first obtaining the lender's permission
34 if immediate action is required to protect the property on loan or other
35 property in the custody of the museum or if the property on loan is a
36 hazard to the health and safety of the public or the museum staff,
37 provided that:
38 (i) the museum is unable to reach the lender at the lender's last
39 known address or telephone number before the time the museum determines
40 action is necessary; or
41 (ii) the lender either (1) does not respond to a request for permis-
42 sion to apply conservation measures made pursuant to subdivision twelve
43 of this section within three days of receiving the request or will not
44 agree to the conservation measures the museum recommends or (2) fails to
45 terminate the loan and either retrieve the property or arrange for its
46 isolation and retrieval within thirty days of receiving the request. If
47 immediate conservation measures are necessary to protect the property or
48 to protect the health or safety of the public or the museum staff, the
49 conditions set forth in this subparagraph and subparagraph (i) of this
50 paragraph shall not apply.
51 (b) Unless provided otherwise in an agreement with the lender, if the
52 museum applies conservation measures to property under paragraph (a) of
53 this subdivision, and provided that the measures were not required as a
54 result of the museum's own action or inaction, the museum shall acquire
55 a lien on the property in the amount of the costs incurred by the muse-
56 um, including, but not limited to the cost of labor and materials, and
S. 991 165 A. 1921
1 shall not be liable for injury to or loss of the property, provided that
2 the museum:
3 (i) had a reasonable belief at the time the action was taken that the
4 action was necessary to protect the property on loan or other property
5 in the custody of the museum, or that the property on loan was a hazard
6 to the health and safety of the public or the museum staff; and
7 (ii) exercised reasonable care in the choice and application of
8 conservation measures.
9 15. The museum shall maintain or continue to maintain, as the case may
10 be and to the extent such information is available, a record of acquisi-
11 tion, whether by purchase, bequest, gift, loan or otherwise, of property
12 for display or collection and of deaccessioning or loan of property
13 currently held or thereafter acquired for display or collection. Any
14 such record shall include:
15 (a) The name, address, and telephone number of the person from whom
16 such property was acquired, or to whom such property was transferred by
17 deaccessioning or loan, and a description of such property, its
18 location, if known, and the terms of the acquisition or deaccessioning
19 or loan, including any restrictions as to its use or further disposi-
20 tion, and any other material facts about the terms and conditions of the
21 transaction; and
22 (b) A copy of any document of conveyance relating to the acquisition
23 or deaccessioning or loan of such property and all notices and other
24 documents prepared or received by the museum.
25 16. Notwithstanding the provisions of the civil practice law and rules
26 or any other law, except for laws governing actions to recover stolen
27 property:
28 (a) No action against the museum for damages arising out of injury to
29 or loss of property loaned to the museum shall be commenced more than
30 three years from the date the museum gives the lender or claimant notice
31 of the injury or loss under this section.
32 (b) No action against the museum to recover property shall be
33 commenced more than three years from the date the museum gives notice of
34 its intent to terminate the loan or notice of intent to acquire title to
35 undocumented property.
36 17. The museum, at all times, shall maintain an inventory of the prop-
37 erties within its custody which would include a description of such
38 property, ownership information and, in cases of loans, the nature and
39 status of such loan.
40 § 41.06. State science service. 1. Science service. There shall be
41 maintained in the institute a state science service which shall be known
42 as the state science service and the state geologist, paleontologist,
43 botanist and entomologist shall constitute its staff together with such
44 other scientists as the board may employ. This service is empowered and
45 directed to make available its services to all the departments of the
46 state, and the residents of the state pursuant to such procedures as the
47 board may prescribe and is empowered to engage in such scientific
48 research as directed by law or by the board and shall cooperate with
49 scientific units or agencies of other states, the federal government,
50 educational institutions and industry in the discovery, analysis and
51 dissemination of scientific information. The chief executive officer or
52 his or her designee shall also be the director and head of the state
53 science service and the staff of the service shall be members of the
54 staff of the institute.
55 2. New York state biological survey. (a) The New York state biological
56 survey is hereby established in the New York state science service with-
S. 991 166 A. 1921
1 in the state museum to inventory, research, analyze and disseminate
2 information about all the biota of New York. The biological survey
3 shall:
4 (i) Develop and maintain an inventory of the biological resources of
5 New York state, with special emphasis on identifying those resources
6 that are important to biological diversity, have real or potential
7 economic significance, or have particular scientific, systematic, or
8 environmental importance;
9 (ii) Conduct research on and advance the knowledge of the biological
10 and ecological characteristics and processes that constitute or affect
11 New York state's environment;
12 (iii) Interpret and publish the results of research on New York
13 State's biological resources, thereby making information available to
14 citizens, teachers, industry, and government for educational purposes
15 and for use in decision making;
16 (iv) Insure the preservation and appropriate expansion of the state's
17 collection of scientific specimens and artifacts, conduct research on
18 these collections, and make specimens and data available for biological
19 resource studies, ecosystem analyses, and other research projects; and
20 (v) Cooperate with the department of environmental conservation, the
21 office of parks, recreation and historic preservation, and other state
22 and federal agencies, private organizations and institutions, corpo-
23 rations, and individuals interested in biological resources.
24 (b) The survey shall not be authorized to enter any privately owned
25 lands without the written consent of the landowner, lessee, or person in
26 control. The survey shall be authorized to enter into agreements with
27 landowners to enter private lands on such terms as may be acceptable.
28 § 41.07. New York state biodiversity research institute. 1. New York
29 state biodiversity institute; creation. The New York state biodiversity
30 research institute is hereby created within the New York state museum
31 within the New York institute for cultural education. The purposes of
32 the institute shall include:
33 (a) advising the governor, governmental agencies, and the legislature
34 on matters relating to biodiversity in New York state;
35 (b) fostering, pursuing and sponsoring collaborative biological and
36 ecological research;
37 (c) increasing understanding of biodiversity research and conservation
38 needs in New York by establishing and reporting on what is known and
39 what is not known about the biological diversity of the state;
40 (d) identifying priority needs for biodiversity research and inventory
41 work within New York that currently are not receiving adequate atten-
42 tion, and identifying public or private entities that are best situated
43 to address such needs, thereby leading to better coordination of biodi-
44 versity research efforts in the state;
45 (e) promoting awareness of existing and new sources of biodiversity
46 information and biodiversity expertise among planners, policy makers,
47 and resource managers;
48 (f) educating elected officials, governmental agencies, and the gener-
49 al public on biodiversity issues through such means as it may determine;
50 (g) organizing and sponsoring meetings on biodiversity topics;
51 (h) encouraging the establishment of networks of collaborating scien-
52 tists engaged in related aspects of biodiversity research;
53 (i) raising sensitivity to biodiversity concerns among state and local
54 government agencies, and serving as a forum for enhanced interagency
55 information sharing and cooperation;
S. 991 167 A. 1921
1 (j) recommending priority activities for funding through the state
2 land biodiversity stewardship account, created pursuant to section nine-
3 ty-seven-oo of the state finance law, as added by chapter five hundred
4 fifty-four of the laws of nineteen hundred ninety-three;
5 (k) assisting the commissioners of environmental conservation and
6 parks, recreation and historic preservation in conducting reviews,
7 pursuant to section 3-0302 of the environmental conservation law and
8 subdivision eighteen of section 3.09 of the parks, recreation and
9 historic preservation law, of lands currently in state ownership, to
10 identify lands and waters that harbor plants, animals, and ecological
11 communities that are rare in New York state;
12 (l) assisting the commissioner of parks, recreation and historic pres-
13 ervation in identifying ecologically significant sites within state
14 parks and historic sites that are candidates for park preserve or park
15 preservation area designation pursuant to article twenty of the parks,
16 recreation and historic preservation law; and
17 (m) assisting the commissioner of environmental conservation in iden-
18 tifying lands of ecological significance, currently in state ownership,
19 to recommend to the governor and the legislature for dedication to the
20 state nature and historical preserve trust pursuant to article forty-
21 five of the environmental conservation law.
22 2. Definitions. When used in this section, the following terms shall
23 mean: (a) "Biodiversity" or "biological diversity" means the total
24 variety of living organisms found in the state, and the natural proc-
25 esses that support them; and
26 (b) "Research institute" shall mean the New York state biodiversity
27 research institute created pursuant to subdivision one of this section.
28 3. Research programs. The research institute shall foster, pursue and
29 sponsor original systematic and ecological research, field studies, and
30 inventories of biological collections that are designed to:
31 (a) increase the information base pertaining to plant, animal, biolog-
32 ical community, and ecosystem occurrences in the state, including
33 descriptions, collections and catalogs of fauna and flora, plant and
34 animal life-cycle requirements and characteristics, the dynamics of
35 ecological processes, and the status of rare plants, animals, and
36 biological communities;
37 (b) detect, document, and interpret patterns and changes in the flora
38 and fauna of the state, including expansions, losses, and introductions
39 of species;
40 (c) explore and foster the gathering of data in poorly known or
41 vulnerable areas of the state; and
42 (d) investigate techniques designed to conserve, protect, and manage
43 biodiversity.
44 4. Education and information transfer programs. The research institute
45 shall foster the collection, transfer, and application of biodiversity
46 information in the state by:
47 (a) fostering access, compatibility, interchange, and synthesis of
48 data among biological information systems maintained by public entities,
49 academic and research institutions, and private organizations;
50 (b) employing advanced technology to coordinate for ease of use the
51 scattered biological collection resources of the state;
52 (c) promoting adherence to accepted standards for biodiversity
53 research, including quality control for the collection of voucher speci-
54 mens and data, and protocols for responsible collection policies; and
55 (d) supporting the preparation and publication of interpretative works
56 that draw upon biological collection resources.
S. 991 168 A. 1921
1 5. Biennial reports. Every two years, the research institute shall
2 prepare and submit a report to the governor, the board, and the legisla-
3 ture describing programs undertaken or sponsored by the research insti-
4 tute, the status of knowledge regarding the state's biodiversity, and
5 research needs related thereto.
6 6. Executive committee. The research institute shall be guided by an
7 executive committee. Members of the committee shall be from varying
8 backgrounds with members selected from the stewardship community, from
9 the scientific community, as well as from government service. Such
10 committee shall consist of seventeen members including the chief execu-
11 tive officer of the New York institute for cultural education, the
12 commissioner of environmental conservation, the commissioner of parks,
13 recreation and historic preservation, the chancellor of the state
14 university of New York or their designees, seven at large members
15 appointed by the governor, one of whom shall be chairperson, two members
16 appointed by the temporary president of the senate, one member appointed
17 by the minority leader of the senate, two members appointed by the
18 speaker of the assembly and one member appointed by the minority leader
19 of the assembly. Appointed members shall serve for a term of three
20 years, provided that such members may be reappointed. The executive
21 committee shall:
22 (a) adopt policies, procedures, and criteria governing the programs
23 and operations of the institute;
24 (b) recommend to the governor and legislature appropriate actions to
25 identify, manage and conserve exemplary occurrences of common ecological
26 communities on state-owned lands. An "exemplary occurrence of a common
27 ecological community" shall mean a representative, high quality example
28 of a given ecological community type, characterized by a distinctive
29 assemblage of interacting plant and animal populations;
30 (c) develop and implement the research, education and information
31 transfer programs of the institute;
32 (d) identify and rate proposals for biodiversity research;
33 (e) identify and rate proposals for biodiversity stewardship;
34 (f) submit to the director of the budget, and the chairpersons of the
35 senate finance committee and the assembly ways and means committee on or
36 before August first in each year, a budget request for the expenditure
37 of funds available from the biodiversity stewardship and research fund,
38 for the purposes established by section ninety-seven-oo of the state
39 finance law, as added by chapter five hundred fifty-four of the laws of
40 nineteen hundred ninety-three; and
41 (g) meet publicly at least twice a year.
42 The committee shall widely disseminate notice of its meetings at least
43 two weeks prior to each meeting. The chief executive officer and the
44 commissioners of environmental conservation and parks, recreation and
45 historic preservation shall aid in such dissemination.
46 7. Scientific working group. The executive committee shall appoint a
47 scientific working group composed of not more than fifteen individuals
48 representing governmental agencies (including a biologist from the
49 department of environmental conservation), academic or research insti-
50 tutions, educational organizations, the forest products industry and
51 non-profit conservation organizations. Members of the scientific working
52 group shall have knowledge and expertise in biodiversity conservation
53 and research and shall serve for a term of three years, provided, howev-
54 er that members may be reappointed for more than one term at the
55 discretion of the executive committee. The scientific working group
56 shall make recommendations to the executive committee with respect to:
S. 991 169 A. 1921
1 (a) the identification of priority biodiversity research needs in the
2 state;
3 (b) the development and implementation of the research institute's
4 research, education, and information transfer programs;
5 (c) the allocation and expenditure of funds from the biodiversity
6 stewardship and research fund created pursuant to section ninety-seven-
7 oo of the state finance law, as added by chapter five hundred fifty-four
8 of the laws of nineteen hundred ninety-three;
9 (d) identification and rating of proposals for biodiversity research;
10 and
11 (e) identification and rating of proposals for biodiversity steward-
12 ship.
13 8. Director of biodiversity research institute. The research insti-
14 tute shall have a director who shall be appointed by the executive
15 committee and shall after appointment be an employee of the state museum
16 and science service. The research institute director shall serve at the
17 pleasure of the executive committee. The research institute director
18 shall serve as chief administrative officer of the research institute
19 and provide the necessary support for the executive committee.
20 9. Compensation. The members of the executive committee and the scien-
21 tific working group shall serve without additional compensation, but
22 shall be eligible to receive reimbursement for their actual and neces-
23 sary expenses from the biodiversity stewardship and research fund estab-
24 lished by section ninety-seven-oo of the state finance law, as added by
25 chapter five hundred fifty-four of the laws of nineteen hundred ninety-
26 three, provided however, members of the executive committee representing
27 state agencies may receive reimbursement for their actual and necessary
28 expenses from their respective agencies. Members of the executive
29 committee and scientific working group shall be considered state employ-
30 ees for the purposes of sections seventeen and nineteen of the public
31 officers law.
32 10. Memorandum of understanding. The institute, the department of
33 environmental conservation, and the office of parks, recreation and
34 historic preservation shall enter into a written memorandum of under-
35 standing to facilitate the appropriate implementation of the biodiversi-
36 ty research institute and the goals, responsibilities, and programs
37 established by this section.
38 ARTICLE 42
39 STATE LIBRARY
40 Section 42.01. Authorization.
41 42.02. Borrowing privileges.
42 42.03. Collections.
43 42.04. Duplicate department.
44 42.05. Transfers from state officers.
45 42.06. Other libraries owned by the state.
46 § 42.01. Authorization. The institute is hereby authorized and
47 directed to administer the state library and related collections,
48 programs and functions. Such library shall be kept open not less than
49 eight hours every weekday in the year except the legal holidays known as
50 Independence day, Thanksgiving day and Christmas day.
51 § 42.02. Borrowing privileges. Members of the legislature, judges of
52 the court of appeals, justices of the supreme court and heads of state
53 departments may borrow items from the library collection for use in
54 Albany, but shall be subject to such restrictions and penalties as may
55 be prescribed by the board for the safety or greater usefulness of the
56 library. Under such rules and conditions as the board may prescribe, the
S. 991 170 A. 1921
1 state library may lend items from its collection for a limited time to
2 other individuals and institutions conforming to said rules and condi-
3 tions. Such service shall be free to residents of this state as far as
4 practicable, but the board may, in its discretion, charge a proper fee
5 to nonresidents or for assistance of a personal nature or for other
6 reason not properly an expense to the state, but which may be authorized
7 for the accommodation of users of the library.
8 § 42.03. Collections. 1. State library collections. All books,
9 pamphlets, manuscripts, records, archives, maps, other objects where
10 information is stored and where from information can be retrieved, and
11 all other property appropriate to a general library, if owned by the
12 state and not placed in other custody by law, shall be in the charge of
13 the institute and constitute the state library. The state library
14 collections shall also include, but not be limited to, the following:
15 (a) State medical collection. The state medical collection shall be a
16 part of the New York state library under the same government and regu-
17 lations and shall be open for consultation to every citizen of the state
18 at all hours when the state library is open and shall be available for
19 loans to every licensed physician residing in the state of New York, who
20 shall conform to the rules made by the board for insuring proper
21 protection and the largest usefulness to the people of the said medical
22 collection.
23 (b) State law collection and legislative reference library. The state
24 law collection and the legislative reference collection shall be parts
25 of the New York state library under the same government and regulations
26 and shall be open for consultation to every citizen of the state at all
27 hours when the state library is open and the law library shall be avail-
28 able for loans to every duly admitted attorney residing in the state of
29 New York, who shall conform to the rules made by the board for insuring
30 proper protection and the largest usefulness to the people of the said
31 law collection.
32 2. Manuscript and records "on file". Manuscript or printed papers of
33 the legislature, usually termed "on file," and which shall have been on
34 file more than five years in custody of the senate and assembly clerks,
35 and all public records of the state not placed in other custody by a
36 specific law shall be part of the state library and shall be kept in
37 rooms assigned and suitably arranged for that purpose. The board shall
38 cause such papers and records to be so classified and arranged that they
39 can be easily found. No paper or record shall be removed from such files
40 except on a resolution of the senate and assembly withdrawing them for a
41 temporary purpose, and in case of such removal a description of the
42 paper or record and the name of the person removing the same shall be
43 entered in a book or file provided for that purpose, with the date of
44 its delivery and return.
45 § 42.04. Duplicate department. The state library shall have charge of
46 the preparation, publication and distribution, whether by sale, exchange
47 or gift, of the colonial history, natural history and all other state
48 publications not otherwise assigned by law. To guard against waste or
49 destruction of state publications, and to provide for the completion of
50 sets to be permanently preserved in American and foreign libraries, the
51 board shall maintain a duplicate department to which each state depart-
52 ment, bureau, board, commission, authority, division, or public benefit
53 corporation shall send after completing its distribution, any remaining
54 copies which it no longer requires. The abovementioned publications,
55 with any other publications not needed in the state library, shall be
56 the duplicate department, and rules for sale, exchange or distribution
S. 991 171 A. 1921
1 from it shall be fixed by the board, who shall use all receipts from
2 such exchanges or sales for the expenses of the duplicate department or
3 depository of the state library.
4 § 42.05. Transfers from state officers. The librarian of any library
5 owned by the state, or the officer in charge of any state department,
6 bureau, board, commission or other corporation may, with the approval of
7 the board, transfer to the permanent custody of the state library or
8 museum any books, papers, maps, manuscripts, specimens or other articles
9 which, because of being duplicates or for other reasons, will in his or
10 her judgment be more useful to the state in the state library or museum
11 than if retained in his or her keeping.
12 § 42.06. Other libraries owned by the state. The state library shall
13 submit an annual report to the legislature which shall include a state-
14 ment of the total number of volumes, pamphlets, publications and other
15 library materials added to its collection during the year, with a summa-
16 ry of operations and conditions, and any needed recommendation for safe-
17 ty or usefulness for each of the other libraries owned by the state, the
18 custodian of which shall furnish such information or facilities for
19 inspection as the board may require for making this report. Each of
20 these libraries shall be under the sole control now provided by law, but
21 for the annual report of the total number of books owned by or bought
22 each year by the state, it shall be considered as a branch of the state
23 library and shall be entitled to any facilities for exchange of dupli-
24 cates, inter-library loans or other privileges properly accorded to a
25 branch.
26 § 5. Section 57.01 of the arts and cultural affairs law is amended to
27 read as follows:
28 § 57.01. Office of state history. There shall be in the [education
29 department] New York institute for cultural education the office of
30 state history.
31 § 6. Subdivision 3 of section 57.02 of the arts and cultural affairs
32 law, as added by chapter 113 of the laws of 1997, is amended to read as
33 follows:
34 3. The [commissioner of education] New York institute for cultural
35 education, through the office of state history is hereby authorized to
36 undertake projects to recognize New York state history month. Such
37 projects may include the creation of an essay contest for state resi-
38 dents who are enrolled in any elementary or secondary education program
39 which shall reflect upon the importance of New York state history. Any
40 project or projects created pursuant to this subdivision may, in the
41 discretion of the [commissioner of education] New York institute for
42 cultural education, authorize non-monetary awards to be given to project
43 participants or project winners as [such commissioner] the board of such
44 institute may deem appropriate.
45 § 7. Section 57.03 of the arts and cultural affairs law is amended to
46 read as follows:
47 § 57.03. Functions of the office of state history. It shall be the
48 function of the office of state history:
49 1. To collect, edit and publish, with the approval of the [commission-
50 er of education] chief executive officer of the New York institute for
51 cultural education, any archives, records, papers or manuscripts that
52 are deemed essential or desirable for the preservation of the state's
53 history.
54 2. To prepare and publish, with the approval of the [commissioner of
55 education] chief executive officer of the New York institute for
S. 991 172 A. 1921
1 cultural education, or assist in the preparation and publication of,
2 works relating to the history of the colony and state of New York.
3 3. To acquire, administer, preserve, exhibit, interpret, and, in
4 conformity with the regulations of the [commissioner of education] chief
5 executive officer of the New York institute for cultural education, to
6 loan, exchange or dispose of historical objects of personal property
7 relating to the history of the colony and state of New York; and to
8 advise any state agency, board, commission, office, civil subdivision,
9 institution, organization, or individual on the acquisition, adminis-
10 tration, preservation, exhibition, interpretation, and disposition of
11 historical objects.
12 4. To perform the functions of the [state education department] New
13 York institute for cultural education set forth in section 19.11 of the
14 parks, recreation and historic preservation law with respect to historic
15 sites under the jurisdiction of the office of parks, recreation and
16 historic preservation; and to advise and assist any political subdivi-
17 sion of the state and any institution, organization or individual
18 concerning the designation, acquisition, administration, interpretation,
19 use and disposition of any historic site, property or place relative to
20 the history of the colony and state of New York, and to coordinate
21 educational programs and projects at such historic sites or properties.
22 5. To advise and assist any state agency, board, commission, office,
23 civil subdivision, institution or organization in the planning and
24 execution of any commemorative event relating to the history of the
25 colony and state of New York or New York's participation in commemora-
26 tive events outside of the state.
27 6. To perform other functions or duties assigned the office by the
28 [commissioner of education] chief executive officer of the New York
29 institute for cultural education.
30 § 8. Subdivisions 1, 7 and 8 of section 57.05 of the arts and cultural
31 affairs law are amended to read as follows:
32 1. There shall be continued within the [education department] New York
33 institute for cultural education the state archives. The state archives
34 shall acquire, appraise, preserve either in original or duplicate form,
35 catalog, display, duplicate and make available for reference and use by
36 state officials and others those official records that have been deter-
37 mined to have sufficient historical value or other value to warrant
38 their continued preservation by the state.
39 7. The [commissioner of education] chief executive officer of the New
40 York institute for cultural education may [request the attorney general
41 to] institute legal action for the return to the custody of the state of
42 any record which has not legally been released from state custody.
43 8. The state archives may duplicate records in its custody, and certi-
44 fy under its own official seal to the authenticity of the copies of such
45 records. The state archives with the approval of the [commissioner of
46 education] chief executive officer of the New York institute for
47 cultural education and in accordance with existing state statutes may
48 dispose of original records in its custody that have been duplicated.
49 § 9. Subdivisions 9 and 11 of section 57.05 of the arts and cultural
50 affairs law, subdivision 9 as amended and subdivision 11 as added by
51 chapter 42 of the laws of 1987, are amended to read as follows:
52 9. The [commissioner of education] board of the New York institute for
53 cultural education shall have the power to [promulgate rules and regu-
54 lations] prescribe procedures and criteria necessary and appropriate to
55 carry out the purposes of this section, providing no objection to those
56 [rules and regulations] procedures and criteria is made within thirty
S. 991 173 A. 1921
1 days prior to the effective date of the proposed [rules and regulations]
2 procedures and criteria by the following: the speaker of the assembly
3 for [rules and regulations] procedures and criteria relating to the
4 records of the assembly; the temporary president [pro-tem] of the senate
5 for [rules and regulations] procedures and criteria relating to the
6 records of the senate; the director of the division of the budget for
7 [rules and regulations] procedures and criteria relating to records of
8 the civil departments; and the chief administrator of the courts for
9 [rules and regulations] procedures and criteria relating to records of
10 the judiciary.
11 11. The state archives shall establish a state records center consist-
12 ing of one or more depositories for nonpermanent storage of state
13 records and shall be responsible for the preservation and disposal of
14 such records. Solely for the purposes of carrying out his or her
15 record-keeping functions, the [commissioner of education] chief execu-
16 tive officer of the New York institute for cultural education shall be
17 empowered:
18 (a) To assume responsibility for the physical possession, storage,
19 servicing and preservation of state agency records accepted into the
20 state records center, and for the security of the information contained
21 in or on them. State records stored with the state archives shall for
22 all purposes be deemed to be within the possession, custody and control
23 of the agency that transferred such records.
24 (b) To authorize the disposal or destruction of state records includ-
25 ing books, papers, maps, photographs, microphotographs or other documen-
26 tary materials made, acquired or received by any agency. At least forty
27 days prior to the proposed disposal or destruction of such records, the
28 [commissioner of education] chief executive officer of the New York
29 institute for cultural education shall deliver a list of the records to
30 be disposed of or destroyed to the attorney general, the comptroller and
31 the state agency that transferred such records. No state records listed
32 therein shall be destroyed if within thirty days after receipt of such
33 list the attorney general, comptroller, or the agency that transferred
34 such records shall notify the [commissioner of education] chief execu-
35 tive officer of the office of cultural education that in his or her
36 opinion such state records should not be destroyed.
37 (c) To agree to the deposit of noncurrent state records in the state
38 records center.
39 (d) To review plans submitted by state agencies for management of
40 their records and to make recommendations thereupon to the head of the
41 state agency and the director of the division of the budget.
42 (e) To inquire into the condition, character, amount and method of
43 keeping such records.
44 (f) To develop and implement a comprehensive and ongoing training
45 program in records management for all state agencies.
46 (g) To provide technical assistance in records management for state
47 agencies.
48 (h) To provide for the transfer of such records having archival value
49 from the state records center to the state archives for their permanent
50 preservation.
51 (i) To develop and implement a fee schedule, to be adopted by the
52 board of [regents] the New York institute for cultural education pursu-
53 ant to rules and regulations adopted in conformity with the state admin-
54 istrative procedure act, to support records management activities
55 subject to the following:
S. 991 174 A. 1921
1 (i) the fee schedule may be changed only once in any twelve month
2 period, and
3 (ii) after the initial fee schedule is established by the board of
4 regents, proposed changes to said schedule must be included in the annu-
5 al budget request submitted to the director of the budget. Such amended
6 fee schedule shall not become effective until enactment of the budget
7 submitted annually by the governor to the legislature in accordance with
8 article seven of the constitution, and shall generate revenues consist-
9 ent with appropriations contained therefor within such budget and suffi-
10 cient to cover anticipated expenditures for the period for which such
11 fees shall be effective.
12 (j) To promulgate such other regulations as are necessary to carry out
13 the purposes of this subdivision.
14 § 10. Section 57.11 of the arts and cultural affairs law, as renum-
15 bered by chapter 737 of the laws of 1987, is amended to read as follows:
16 § 57.11. Penalty. A public officer who refuses or neglects to perform
17 any duty required of him by this article or to comply with a recommenda-
18 tion of the [commissioner of education] New York institute for cultural
19 education under the authority of this article, shall for each month of
20 such neglect or refusal, be punished by a fine of not less than twenty
21 dollars.
22 § 11. Subdivision 6 of section 57.17 of the arts and cultural affairs
23 law, as added by chapter 737 of the laws of 1987, is amended to read as
24 follows:
25 6. "Records retention and disposition schedule" means a list or other
26 instrument describing records and their retention periods which is
27 issued by the [commissioner of education] chief executive officer of the
28 New York institute for cultural education.
29 § 12. Section 57.21 of the arts and cultural affairs law, as amended
30 by chapter 203 of the laws of 1995, is amended to read as follows:
31 § 57.21. Local government records advisory council. The [commissioner
32 of education] chief executive officer of the New York institute for
33 cultural education shall appoint a local government records advisory
34 council consisting of representatives of local government associations,
35 historians, the chief administrative judge, the commissioner of the
36 department of records and information services of the city of New York
37 or its successor agency, other users of local government records, and
38 other citizens. The city clerk of the city of New York shall be a non-
39 voting [members] member of such advisory council. The council shall
40 advise the [commissioner of education] New York institute for cultural
41 education concerning local government records policies and procedures,
42 state services and financial support needed to assist or advise local
43 officials, and regulations pertaining to local government records, and
44 grants for local government records management improvement pursuant to
45 section 57.35 of this [chapter. The advisory council shall prepare an
46 initial report on the above matters by December first, nineteen hundred
47 eighty-seven to be provided to the commissioner of education, the gover-
48 nor, and appropriate committees of the legislature. The commissioner of
49 education shall not promulgate regulations for the administration and
50 maintenance of local government records before July first, nineteen
51 hundred eighty-eight except with prior consultation with and review by
52 the advisory council] article.
53 § 13. Section 57.23 of the arts and cultural affairs law, as amended
54 by chapter 78 of the laws of 1989, is amended to read as follows:
55 § 57.23. Oversight and advisory services. 1. It shall be the respon-
56 sibility of the [commissioner of education] chief executive officer of
S. 991 175 A. 1921
1 the New York institute for cultural education to advise local govern-
2 ments on planning and administering programs for the creation, mainte-
3 nance, preservation, reproduction, retention, and disposition of their
4 records; to advise local governments on the development of micrographics
5 systems, automated data processing systems, and other systems that rely
6 on technology to create, store, manage, and reproduce information or
7 records; and to advise local governments on the preservation and use of
8 vital records and records with enduring value for historical or other
9 research purposes.
10 2. The [commissioner of education] chief executive officer of the New
11 York institute for cultural education is authorized to establish
12 requirements for the proper creation, preservation, management and
13 protection of records, and shall develop statewide plans to ensure pres-
14 ervation of adequate documentation of the functions, services, and
15 historical development of local governments.
16 3. The [commissioner of education] board of the New York institute for
17 cultural education is authorized to [promulgate regulations] prescribe
18 procedures and criteria necessary to implement the provisions of this
19 article with advice from the local government records advisory council.
20 § 14. Subdivision 2 of section 57.25 of the arts and cultural affairs
21 law, as added by chapter 737 of the laws of 1987, is amended to read as
22 follows:
23 2. No local officer shall destroy, sell or otherwise dispose of any
24 public record without the consent of the [commissioner of education]
25 chief executive officer of the New York institute for cultural
26 education. The [commissioner of education] chief executive officer of
27 the New York institute for cultural education shall, after consultation
28 with other state agencies and with local government officers, determine
29 the minimum length of time that records need to be retained. Such
30 [commissioner] chief executive officer is authorized to develop, adopt
31 [by regulation, issue] and distribute to local governments records
32 retention and disposition schedules establishing minimum legal retention
33 periods. The issuance of such schedules shall constitute formal consent
34 by the [commissioner of education] New York institute for cultural
35 education to the disposition of records that have been maintained in
36 excess of the retention periods set forth in the schedules. Such sched-
37 ules shall be reviewed and adopted by formal resolution of the governing
38 body of a local government prior to the disposition of any records. If
39 any law specifically provides a retention period longer than that estab-
40 lished by the records retention and disposition schedule established
41 herein the retention period established by such law shall govern.
42 § 15. Section 57.27 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 § 57.27. Records with statewide significance. The [commissioner of
45 education] board of the New York institute for cultural education is
46 authorized to designate particular local government records for perma-
47 nent retention because of their enduring statewide significance.
48 § 16. Section 57.29 of the arts and cultural affairs law, as added by
49 chapter 737 of the laws of 1987, is amended to read as follows:
50 § 57.29. Reproduction of records and disposition of the originals.
51 Any local officer may reproduce any record in his or her custody by
52 microphotography or other means that accurately and completely
53 reproduces all the information in the record. Such official may then
54 dispose of the original record even though it has not met the prescribed
55 minimum legal retention period, provided that the process for reprod-
56 uction and the provisions made for preserving and examining the copy
S. 991 176 A. 1921
1 meet requirements established by the [commissioner of education] New
2 York institute for cultural education. Such copy shall be deemed to be
3 an original record for all purposes, including introduction as evidence
4 in proceedings before all courts and administrative agencies.
5 § 17. Section 57.31 of the arts and cultural affairs law, as added by
6 chapter 737 of the laws of 1987, is amended to read as follows:
7 § 57.31. Cooperative records storage and management. All local govern-
8 ment records shall be kept in secure facilities maintained by the local
9 government unless the consent of the [commissioner of education] chief
10 executive officer of the New York institute for cultural education is
11 obtained to their transfer and storage elsewhere. Any local government
12 may cooperate with another local government or governments for the
13 improved management and preservation of records, and may enter into a
14 contractual arrangement for such purposes.
15 § 18. Subdivision 2 of section 57.33 of the arts and cultural affairs
16 law, as amended by chapter 203 of the laws of 1995, is amended to read
17 as follows:
18 2. The records of any city with a population of one million or more,
19 and the records of any county contained therein, so long as the
20 destruction of the records of such city or county shall be carried out
21 in accordance with the procedure prescribed by any existing law exclu-
22 sively applicable to the destruction of the records of such city or
23 county, provided that section 57.35 of this article shall apply to
24 grants for local government records management for supreme court records
25 in the custody of the counties of New York, Kings, Queens, Richmond and
26 Bronx, and records under the jurisdiction of the department of records
27 and information services of the city of New York or its successor agen-
28 cy, and records under the jurisdiction of the city clerk of the city of
29 New York. If any such law shall be amended by local law after the first
30 day of July, nineteen hundred fifty-one, the provisions of this section
31 shall not apply to the destruction of such records if the procedures
32 therefor established by such law, as amended by local law, shall be
33 acceptable to the [commissioner of education] chief executive officer of
34 the New York institute for cultural education.
35 § 19. Section 57.35 of the arts and cultural affairs law, as added by
36 chapter 78 of the laws of 1989, subdivision 1 as amended and subdivision
37 2-a as added by chapter 203 of the laws of 1995, is amended to read as
38 follows:
39 § 57.35. Grants for local government records management improvement.
40 1. The [commissioner of education] board of the New York institute for
41 cultural education, upon consultation with the local government records
42 advisory council, is authorized to award grants for records management
43 improvement as specified in sections 57.19, 57.25, 57.29 and 57.31 of
44 this [chapter] article to individual local governments, groups of coop-
45 erating local governments and local governments that have custody of
46 court records and for records management improvement for supreme court
47 records in the custody of the counties of New York, Kings, Queens, Rich-
48 mond, and Bronx and in accordance with subdivision two-a of this
49 section, records under the jurisdiction of the department of records and
50 information services of the city of New York or its successor agency and
51 the city clerk of the city of New York.
52 2. The [commissioner of education] board of the New York institute for
53 cultural education shall [promulgate rules and regulations setting] set
54 forth criteria and procedures necessary to award grants for records
55 management improvement from monies available for this purpose in the New
S. 991 177 A. 1921
1 York state local government records management improvement fund, estab-
2 lished pursuant to section ninety-seven-i of the state finance law.
3 Such criteria shall include but not be limited to:
4 (a) the development by the applicant of a written plan for a records
5 management program;
6 (b) the condition of the records of the applicant;
7 (c) the geographic location of the applicant so as to provide, to the
8 extent practicable, equitable geographic distribution of the grants;
9 (d) the particular design of the applicant's records management
10 program; and
11 (e) the applicant's arrangements for cooperative activities among
12 local governments for a records management program.
13 2-a. (a) Notwithstanding the provision of paragraph (c) of subdivi-
14 sion two of this section, the [commissioner of education] board of the
15 New York institute for cultural education may award grants totaling in
16 the aggregate no more than one million dollars annually for records
17 management improvement to the department of records and information
18 services of the city of New York or its successor agency and the city
19 clerk of the city of New York in accordance with the provisions of this
20 subdivision.
21 (b) The department of records and information services or its succes-
22 sor agency and the city clerk of the city of New York shall submit
23 applications to the [commissioner of education] chief executive officer
24 of the New York institute for cultural education at the same time as
25 applications pursuant to subdivision two of this section are required to
26 be submitted. The applications shall set forth the records management
27 improvement projects proposed by the department of records and informa-
28 tion services or its successor agency and the city clerk of the city of
29 New York is priority order and the amount requested for each project.
30 Priority assignment of each project shall be a factor taken into consid-
31 eration in addition to those outlined in subdivision two of this section
32 when making grant awards.
33 (c) Upon receipt of grant monies, the commissioner of the department
34 of records and information services or its successor agency and the city
35 clerk of the city of New York shall direct the disbursement of grant
36 monies to each project for which a grant has been approved.
37 (d) The commissioner of the department of records and information
38 services or its successor agency and the city clerk of the city of New
39 York shall, in addition to monitoring the progress of and providing
40 technical assistance to projects receiving awards pursuant to this
41 subdivision, prepare and submit progress reports on such projects. Such
42 reports shall be at the level of detail and frequency comparable to
43 reports required of other local governments receiving awards pursuant to
44 this section.
45 3. All monies received [by the commissioner of education] under the
46 provisions of [the third undesignated] paragraph three of subdivision
47 (a) of section eight thousand eighteen, subparagraph b of paragraph four
48 of subdivision (a) of section eight thousand twenty-one and subparagraph
49 b of paragraph eleven of subdivision (b) of section eight thousand twen-
50 ty-one of the civil practice law and rules, and subdivision a of section
51 7-604 of the administrative code of the city of New York, for the New
52 York state local government records management improvement fund shall be
53 deposited [by the commissioner of education] to the credit of [the New
54 York state local government records management improvement] such fund
55 established pursuant to section ninety-seven-i of the state finance law
56 by the tenth day of the month following receipt of such monies.
S. 991 178 A. 1921
1 4. Each year the New York state local government records advisory
2 council shall review and make recommendations on a proposed operational
3 and expenditure plan for the New York state local government records
4 management improvement fund prior to its adoption by the [commissioner
5 of education] board of the New York institute for cultural education.
6 The annual expenditure plan shall be subject to the approval of the
7 director of the division of the budget.
8 § 20. Section 57.37 of the arts and cultural affairs law, as added by
9 chapter 78 of the laws of 1989 and subdivision 1 as amended by chapter
10 203 of the laws of 1995, is amended to read as follows:
11 § 57.37. Regional records offices. 1. The [commissioner of education]
12 board of the New York institute for cultural education is authorized to
13 establish in each judicial district, except New York city, a regional
14 records office. In New York city, the [commissioner of education] board
15 of the New York institute for cultural education is authorized to estab-
16 lish a single regional records office to oversee records management
17 programs for entities within the city of New York whose records are not
18 under the jurisdiction of the department of records and information
19 services or its successor agency and the city clerk of the city of New
20 York.
21 2. The regional records offices shall provide advisory and consulta-
22 tive services and technical assistance to local governments on records
23 management and the administration of archival records and address recom-
24 mendations of the New York state local government records advisory coun-
25 cil.
26 3. The [commissioner of education] New York institute for cultural
27 education is authorized to employ specialists in records management,
28 archives administration and other specialists necessary to provide advi-
29 sory, consultative and technical assistance to local governments from
30 monies available for this purpose in the New York state local government
31 records management improvement fund, established pursuant to section
32 ninety-seven-i of the state finance law.
33 § 21. Section 57.39 of the arts and cultural affairs law, as added by
34 chapter 78 of the laws of 1989, is amended to read as follows:
35 § 57.39. Reporting requirements. The [commissioner of education] board
36 of the New York institute for cultural education, with the advice of the
37 New York state local government records advisory council, shall report
38 annually on or before March first to the governor and the legislature on
39 the status of local government records management, including a report of
40 revenues and expenditures from the New York state local government
41 records management improvement fund for the previous calendar year and
42 appropriate recommendations.
43 § 22. The arts and cultural affairs law is amended by adding a new
44 section 57.40 to read as follows:
45 § 57.40. Historical documentary heritage grants and aid. 1. Short
46 title. This section shall be known and may be cited as the "New York
47 documentary heritage act".
48 2. Definitions. As used in this section, the following terms shall
49 mean:
50 (a) "Historical records". Records that contain significant information
51 that is of enduring value and are therefore worthy of long-term
52 retention and systematic management. Historical records may include
53 diaries, journals, ledgers, minutes, reports, photographs, maps, draw-
54 ings, blueprints, agreements, memoranda, deeds, case files, and other
55 material. They may take any of several physical forms: parchment, paper,
S. 991 179 A. 1921
1 microfilm, cassette tape, film, videotape, computer tapes, discs, and
2 other "machine readable" formats.
3 (b) "Historical records program". Any deliberate, organized program to
4 collect, hold, care for, and make available historical records, includ-
5 ing identifying, appraising, arranging, describing, and referencing them
6 and using them in exhibitions and other public and educational programs.
7 (c) "Institutions eligible for historical records program grants".
8 Chartered or incorporated nonprofit archives, libraries, historical
9 societies and museums and other nonprofit institutions in New York state
10 which operate historical records programs and which meet standards to be
11 established by the board of the New York institute for cultural educa-
12 tion. Institutions operated by state or federal government agencies,
13 and local government archives shall not be eligible for historical
14 records project grants, except that an institution of the state univer-
15 sity of New York or the city university of New York may apply for
16 historical records project grants with regard to records other than
17 internal records generated by the institution after July first, nineteen
18 hundred forty-eight if it is a component of the state university of New
19 York or after July first, nineteen hundred seventy-nine if it is a
20 component of the city university of New York or after the subsequent
21 date on which the institution became a component of such university.
22 (d) "Historical records program project". A project to carry out one
23 or more of the activities described in subdivision three of this
24 section.
25 (e) "Cooperative project". A collaborative effort undertaken by two or
26 more historical records programs, to meet shared needs or to accomplish
27 a common purpose, or a project undertaken by a service provider to
28 address the historical records needs of more than one historical records
29 program.
30 (f) "Regional advisory and assistance agency". A reference and
31 research library resources system, or an alternate public or nonprofit
32 agency or organization willing to provide historical records program
33 development advice and assistance services covering a reference and
34 research library resources system region which is acceptable to the
35 board of the New York institute for cultural education.
36 (g) "Historical records program development advice and assistance".
37 Advice and assistance on the development and strengthening of historical
38 records programs, promotion of cooperation, coordinated documentation
39 planning, training in historical records management techniques, advice
40 and assistance in reporting of information concerning historical records
41 to statewide and national databases where appropriate, and initiatives
42 to increase public awareness of the values and uses of historical
43 records.
44 (h) "Service provider". A nonprofit professional or other association,
45 local government, college or university, historical service agency, or
46 other nonprofit institution or system which provides services to histor-
47 ical records programs.
48 (i) "Cost sharing". Local funds, local in-kind services, and other
49 funds and support from other than state sources.
50 (j) "Program year". The annual period from July first through June
51 thirtieth.
52 3. Scope of activities to be supported. The board of the institute of
53 cultural resources is authorized to provide grants and advice to insti-
54 tutions eligible for historical records programs and cooperative
55 projects, and aid to regional advisory and assistance agencies, the
56 central administration of the state university of New York and the
S. 991 180 A. 1921
1 central administration of the city university of New York. Grants shall
2 be used to support the development and administration of historical
3 records programs; the surveying, appraisal, identification, collection,
4 duplication, arrangement, description, and making available of histor-
5 ical records; public and educational programming relating to historical
6 records; projects to improve archival techniques; and projects to
7 promote the research use of historical records. Aid to regional advisory
8 and assistance agencies shall be used to promote and assist the develop-
9 ment of historical records programs. Aid to the central administrations
10 of the state university of New York and the city university of New York
11 shall be used to develop guidelines, policies and procedures, training,
12 technical assistance, materials, oversight, retention and disposition
13 schedules for university records, and to promote, guide and direct the
14 component institutions of such universities in the sound administration
15 of archival records.
16 4. Distribution of funds. (a) Historical documentary heritage funds
17 shall be distributed as follows:
18 (i) Grants: (1) Individual historical records program projects are
19 eligible for at least thirty-five percent of the amount available; and
20 (2) cooperative projects shall be eligible for up to twenty percent of
21 the amount available.
22 (ii) Aid: (1) Regional advisory and assistance agencies shall be
23 eligible for forty percent of the amount available; (2) the central
24 administration of the state university of New York shall be eligible for
25 two and one-half percent of the total amount available; and (3) the
26 central administration of the city university of New York shall be
27 eligible for two and one-half percent of the total amount available.
28 (b) Notwithstanding the provisions of subparagraphs (i) and (ii) of
29 paragraph (a) of this subdivision, the board of the office of cultural
30 resources, taking into account the recommendations of the New York state
31 historical records advisory board, may distribute funds designated for
32 one purpose to address the needs of another purpose, provided that such
33 board determines that the significance of the contributions to be real-
34 ized from the proposals in one category outweighs the significance of
35 the contributions to be realized from the proposals in another category.
36 5. Cost-sharing. The board of the New York institute for cultural
37 education shall determine the amount of cost-sharing required from
38 historical records programs, including cooperative programs. For indi-
39 vidual historical records program projects involving arrangement,
40 historical records held by a program, the amount of such cost-sharing
41 shall be at least fifty percent.
42 6. Applications for historical records program projects. (a) Filing.
43 By dates determined by the board of the New York institute for cultural
44 education each year, an eligible institution may file an application, in
45 a form prescribed by the board of the New York institute for cultural
46 education, for a grant to support the approved costs of a proposed
47 historical records project.
48 (b) Content. Such application shall include, but need not be limited
49 to:
50 (i) a statement describing the applicant's need for the funding
51 requested;
52 (ii) collection statements and policies used by the institution to
53 guide its acquisition efforts;
54 (iii) a summary description of the records included in the historical
55 records program of the institution;
S. 991 181 A. 1921
1 (iv) the status of finding aids and published guides for the histor-
2 ical records held by the institution;
3 (v) the current and/or anticipated level of use and audience for the
4 historical records;
5 (vi) the importance of the historical records for documenting life in
6 New York;
7 (vii) the expected impact of the grant upon the historical records
8 program;
9 (viii) the plan of work for the activities for which the funding is
10 sought;
11 (ix) the proposed project budget, including cost-sharing which would
12 be committed to the project; and
13 (x) the staff and other resources devoted to the institution's histor-
14 ical records program on an ongoing basis.
15 (c) Approval. In approving any application pursuant to this subdivi-
16 sion, the board of the New York institute for cultural education shall
17 consider:
18 (i) information in the proposal as set forth in paragraph (b) of this
19 subdivision;
20 (ii) the capacity of the institution to make the historical records
21 known and accessible for research, education, public programs, improved
22 policy making and other public benefits;
23 (iii) the potential for improving the documentation of the heritage of
24 any racial and ethnic group; and
25 (iv) the potential for improving the documentation of under documented
26 subjects, institutions, or activities.
27 7. Application for cooperative projects. (a) Filing. By dates to be
28 established by the board of the New York institute for cultural educa-
29 tion each year, a service provider or an eligible institution acting as
30 fiscal agent on behalf of a group of eligible institutions, may file an
31 application, in a form prescribed by the board of the New York institute
32 for cultural education. A group of cooperating institutions may be
33 formed because of a common purpose, rather than because of geographical
34 proximity.
35 (b) Content. Such application shall include, but need not be limited
36 to:
37 (i) a statement describing the applicant's need for the funding
38 requested;
39 (ii) a description of the issue, problem, or need that the project
40 will address;
41 (iii) a description of the historical records programs to be served
42 and how the effort to be undertaken in a cooperative project relates to
43 and will strengthen these programs;
44 (iv) description of the plan of work for the project;
45 (v) outcome or product of the project and how it will improve the
46 identification and administration of historical records or contribute to
47 the strengthening of historical records programs; and
48 (vi) the proposed budget, including cost-sharing that would be
49 contributed to the project.
50 (c) Approval. In approving any application pursuant to this subdivi-
51 sion, the board of the New York institute for cultural education shall
52 consider:
53 (i) information in the proposal as set forth in paragraph (b) of this
54 subdivision;
55 (ii) the importance of the records involved for the documentation of
56 life in New York state;
S. 991 182 A. 1921
1 (iii) the importance of the project and the intended outcome or prod-
2 uct in terms of strengthening the programs of the cooperating insti-
3 tutions and promoting improved historical records management;
4 (iv) the capacities of the cooperating institutions or service provid-
5 ers for carrying out the project, including prior experience with coop-
6 erative or service projects; and
7 (v) the potential for cooperating institutions to sustain an ongoing
8 productive cooperative relationship as a result of the project.
9 8. Aid for regional advisory and assistance agencies. (a) Coordi-
10 nation. The board of the New York institute for cultural education shall
11 establish statewide priorities for regional advisory and assistance
12 agencies and shall assist and coordinate their efforts.
13 (b) Historical records program advice and assistance plans. To be
14 eligible to receive aid annually, each participating regional advisory
15 and assistance agency shall submit an annual work plan acceptable to the
16 chief executive officer of the New York institute for cultural educa-
17 tion, and, after the first year of receiving aid, a report on activities
18 of the prior year and a five-year plan, by dates designated by the chief
19 executive officer of the New York institute for cultural education. The
20 five-year plan shall outline goals and objectives to be accomplished in
21 the region during the five-year period. The annual work plan shall
22 describe the activities to be carried out during the year and the
23 program advice and assistance to be provided. The five-year plans and
24 the annual work plans shall reflect regional priorities and shall be
25 consistent with statewide priorities established by the board of the New
26 York institute for cultural education.
27 (c) Aid. The board of the New York institute for cultural education
28 shall each year determine the distribution of aid among eligible
29 regional advisory and assistance agencies. In doing so, the board shall
30 take into account the level of resources needed to provide the services
31 described in paragraphs (f) and (g) of subdivision two of this section
32 in a satisfactory manner, the extent of the geographical area served by
33 each agency, and the size of the population served by each agency, and
34 shall distribute the available funds in such a manner as will best give
35 effect to this section.
36 9. Aid for state university of New York and city university of New
37 York. To be eligible to receive aid annually, the central administration
38 of the state university of New York and the central administration of
39 the city university of New York shall each submit annual resources, and,
40 after the first year of receiving aid, a report on activities of the
41 prior year and a five-year plan.
42 § 23. Subdivisions 3 and 4 of section 97-i of the state finance law,
43 subdivision 3 as amended by chapter 57 of the laws of 1993, paragraph
44 (i) of subdivision 3 as amended by chapter 82 of the laws of 1995 and
45 subdivision 4 as added by chapter 78 of the laws of 1989, are amended to
46 read as follows:
47 3. The monies in such fund, when allocated, shall be available as
48 follows: (i) two million three hundred thousand dollars per year
49 adjusted annually to reflect the direct and indirect charges resulting
50 from negotiated salary increases may be used for payment of necessary
51 and reasonable expenses incurred by the [commissioner of education] New
52 York institute for cultural education in carrying out the advisory
53 services required in subdivision one of section 57.23 of the arts and
54 cultural affairs law and to implement sections 57.21, 57.35 and 57.37 of
55 the arts and cultural affairs law; (ii) not less than five hundred thou-
56 sand dollars per year shall be made available to the Documentary Herit-
S. 991 183 A. 1921
1 age program as provided in [section 140 of the education law] section
2 57.40 of the arts and cultural affairs law; (iii) not less than three
3 hundred thousand dollars per year shall be made available to the New
4 York state archives partnership trust established in chapter [758] seven
5 hundred fifty-eight of the laws of [1992] nineteen hundred ninety-two;
6 and (iv) the remainder of the monies in the fund shall be used for the
7 award of grants to individual local governments or groups of cooperating
8 local governments as provided in section 57.35 of the arts and cultural
9 affairs law.
10 [4. Monies shall be payable from the fund on the audit and warrant of
11 the comptroller on vouchers approved by the commissioner of education or
12 by an officer or employee of the commissioner of education designated by
13 the commissioner of education.]
14 § 24. Section 19.11 of the parks, recreation and historic preservation
15 law is amended to read as follows:
16 § 19.11 Functions of [education department] the New York institute for
17 cultural education. Upon the request of the commissioner, the following
18 functions relating to identification, restoration and educational inter-
19 pretation of historic sites and places of historic interest shall be
20 performed by the [education department] New York institute for cultural
21 education:
22 1. Preparation of interpretative literature, the texts of signs and
23 markers, exhibition, and other presentations designed to utilize the
24 educational potential of historic sites.
25 2. Advising the office with respect to the custody, use, cataloguing,
26 restoration and control of original documents and objects (such as
27 furniture, paintings, equipment, records, drawings, manuscripts and
28 maps) having unique historic significance. The office may assign to the
29 [education department] New York institute for cultural education, and
30 the [education department] New York institute for cultural education may
31 accept, custody and control of any such original documents or objects.
32 3. Evaluation of the historic significance of historic sites, historic
33 site development projects and places of historic interest; and advising
34 the office with respect to the restoration, interpretation and use ther-
35 eof. The office shall request the evaluation of the [education depart-
36 ment] New York institute for cultural education before approving the
37 acquisition of an historic site or the undertaking of an historic site
38 development project.
39 4. Such other functions relating to the identification, restoration
40 and educational interpretation of historic sites as may be agreed upon
41 between the office and the [education department] New York institute for
42 cultural education.
43 § 25. The opening paragraph of subdivision 5 and subdivision 6 of
44 section 97-oo of the state finance law, as added by chapter 554 of the
45 laws of 1993, are amended to read as follows:
46 Moneys in the state land biodiversity stewardship account, following
47 appropriation by the legislature, shall be available to the department
48 of environmental conservation, office of parks, recreation and historic
49 preservation, and the New York state museum within the [education
50 department] New York institute for cultural education for the following
51 purposes:
52 6. No more than two-thirds of the moneys deposited in the state land
53 biodiversity stewardship account may be used for personal service costs
54 incurred by the department of environmental conservation, office of
55 parks, recreation and historic preservation, and the New York state
56 museum within the [education department] New York institute for cultural
S. 991 184 A. 1921
1 education for the purposes set forth in subdivision five of this
2 section. The remaining moneys deposited in the account may be utilized
3 to support projects undertaken by contracts with non-profit conservation
4 organizations, scientific institutions, and other qualified entities for
5 the purposes set forth in subdivision five of this section.
6 § 26. Subdivisions 3 and 4 of section 97-mmm of the state finance law,
7 as added by section 89 of part A of chapter 436 of the laws of 1997, are
8 amended to read as follows:
9 3. Notwithstanding any other law, rule or regulation to the contrary,
10 the comptroller is hereby authorized and directed to transfer to the
11 archives records management account, within forty-five days of enactment
12 of the state budget, fees for records management activities from various
13 state, local and miscellaneous agencies, and deposit in the archives
14 records management account such amounts as determined by a schedule of
15 fees developed by the [commissioner of education] New York institute for
16 cultural education and approved by the director of the budget, pursuant
17 to section 57.05 of the arts and cultural affairs law.
18 4. Moneys of this account, following appropriation by the legisla-
19 ture, shall be available to the [state education department] New York
20 institute for cultural education for services and expenses of archives
21 records management.
22 § 27. Paragraph (i) of section 1510 of the not-for-profit corporation
23 law, as added by chapter 871 of the laws of 1977 and relettered by chap-
24 ter 565 of the laws of 1980, is amended to read as follows:
25 (i) Record of inscriptions to be filed. Whenever, under any general or
26 special law, any cemetery is abandoned or is taken for a public use, the
27 town board of the town or the governing body of the city in which such
28 cemetery is located, shall cause to be made, at the time of the removal
29 of the bodies interred therein, an exact copy of all inscriptions on
30 each headstone, monument, slab or marker erected on each lot or plot in
31 such cemetery and shall cause the same to be duly certified and shall
32 file one copy thereof in the office of the town or city clerk of the
33 town or city in which such cemetery was located and one copy in the
34 office of the state historian and chief of the division of history in
35 the [department of education] New York institute for cultural education
36 at Albany. In addition to such inscriptions, such certificate shall
37 state the name and location of the cemetery so abandoned or taken for a
38 public use, the cemetery in which each such body was so interred and the
39 disposition of each such headstone, monument, slab or marker.
40 § 28. Upon enactment of this act and before October 1, 2005, notwith-
41 standing any inconsistent provision of law to the contrary, all func-
42 tions, powers, duties, obligations and assets of the office of cultural
43 education located within the state education department assigned to the
44 New York institute for cultural education by this act shall be trans-
45 ferred to such institute.
46 § 29. Transfer of authority, administration and appropriations.
47 1. Notwithstanding any provision of law to the contrary, on and after
48 October 1, 2005, all obligations of the commissioner of education and
49 the state education department with respect to the former sections of
50 the education law pertaining to the cultural education program, museum
51 and libraries, shall become obligations of the New York institute for
52 cultural education and such institute shall be responsible for the
53 administration of the programs of cultural education formerly located
54 within the education department including aid to localities and capital
55 programs. The commissioner of education shall provide for the orderly
56 transfer of all matters, records and things relating to the office of
S. 991 185 A. 1921
1 cultural education and all cultural education programs, including but
2 not limited to the state museum, state library, state archives and
3 educational television and radio, and activities under this article to
4 the chief executive officer of the New York institute for cultural
5 education. Such transfer may be subject to a memorandum of understand-
6 ing between the commissioner of education and the chief executive offi-
7 cer of the New York institute for cultural education subject to the
8 approval of the director of the budget. The education commissioner and
9 the board of regents are authorized and directed to continue their
10 respective roles, responsibilities and functions until the board of the
11 New York institute for cultural education has been duly constituted
12 pursuant to this act and an orderly transition has been completed.
13 2. Notwithstanding the provisions of any law to the contrary, the
14 director of the budget is authorized to transfer to the New York insti-
15 tute for cultural education funds otherwise appropriated or reappropri-
16 ated for the purposes of this act and any other cultural resources
17 programs and activities, including, but not limited to, museums,
18 libraries, archives and educational television.
19 § 30. Transfer provisions. 1. Notwithstanding any other law, rule or
20 regulation to the contrary, any federal funds applicable to expenditures
21 made as a result of appropriations to the office of cultural education
22 or its programs may be available to the New York institute for cultural
23 education subject to the approval of the director of the budget.
24 2. Upon the transfer of the cultural education program from the state
25 education department to the New York Institute of Cultural Education
26 pursuant to section twenty-nine of this act, employees of the cultural
27 education program shall be transferred to the New York Institute of
28 Cultural Education in accordance with section 70 of the civil service
29 law.
30 3. All books, papers and property of the former office of cultural
31 education with respect to the functions, powers and duties transferred
32 by this act are to be delivered to the New York institute for cultural
33 education at such place and time, and in such manner as the chief execu-
34 tive officer of the New York institute for cultural education requires.
35 4. All rules, regulations, acts, determinations and decisions of the
36 board of regents, the commissioner of education and the education
37 department with respect to the administration of this article in force
38 on the effective date of this section shall continue in force and effect
39 as rules, regulations, acts, determinations and decisions of the board
40 of the New York institute for cultural education until duly modified or
41 repealed by such board.
42 5. Any business or other matter undertaken or commenced by the former
43 office of cultural education or connected with the functions, powers,
44 duties and obligations hereby transferred and assigned to the New York
45 institute for cultural education and pending on the effective date of
46 this act shall be conducted and completed by the New York institute for
47 cultural education in the same manner and under the same terms and
48 conditions and with the same effect as if conducted and completed by the
49 former office of cultural education.
50 § 31. Terms occurring in laws, contracts and other documents. Whenever
51 the former office of cultural education or its programs are referred to
52 or designated in any law, contract or document pertaining to the func-
53 tions, powers, obligations and duties hereby transferred and assigned,
54 such reference or designation shall be deemed to refer to the New York
55 institute for cultural education or programs of or chief executive offi-
56 cer thereof.
S. 991 186 A. 1921
1 § 32. Existing rights and remedies preserved. No existing right or
2 remedy of any character shall be lost, impaired or affected by reason of
3 section twenty-eight of this act.
4 § 33. Severability clause. If any clause, sentence, paragraph, subdi-
5 vision, section or part contained in any part of this act shall be
6 adjudged by any court of competent jurisdiction to be invalid, such
7 judgment shall not affect, impair, or invalidate the remainder thereof,
8 but shall be confined in its operation to the clause, sentence, para-
9 graph, subdivision, section or part contained in any part thereof
10 directly involved in the controversy in which such judgment shall have
11 been rendered. It is hereby declared to be the intent of the legislature
12 that this act would have been enacted even if such invalid provisions
13 had not been included herein.
14 § 34. This act shall take effect October 1, 2005; provided, however,
15 if this act shall become a law after such date it shall take effect
16 immediately and shall be deemed to have been in full force and effect on
17 and after October 1, 2005.
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. Sections 245, 246, 247, 248, 249, 250, 251 and 252 of the education
law, proposed to be repealed by this act, established the powers and
duties of the state library.
18 PART O
19 Section 1. Section 153 of the social services law is amended by adding
20 a new subdivision 18 to read as follows:
21 18. (a) In each state fiscal year in which a social services district,
22 without consideration of caseload reductions, fails to meet partic-
23 ipation rates established pursuant to section three hundred
24 thirty-five-b of this article for all families receiving assistance
25 funded under the federal temporary assistance for needy families
26 program, such district shall have its state reimbursement for adminis-
27 tration of income maintenance, medical assistance, food stamps, child
28 support and employment programs reduced by one-half of one percent for
29 each one percent of such shortfall, up to a maximum of five percent;
30 provided, however, that in calculating any reduction in reimbursement,
31 the commissioner shall include as participating in work experience any
32 such recipient who is working for the number of hours derived by divid-
33 ing the individual's cash assistance plus food stamp benefits by the
34 higher of the federal or state minimum wage.
35 (b) In the event the federal government imposes fiscal sanctions on
36 the state due to noncompliance with federal work participation require-
37 ments for households receiving assistance under the temporary assistance
38 for needy families program and federal reimbursement to a social
39 services district is reduced in accordance with subdivision two of this
40 section, the commissioner shall limit the reduction of state reimburse-
41 ment otherwise required by this section to the extent an equal or great-
42 er reduction in federal reimbursement has occurred.
43 § 2. This act shall take effect immediately and shall be deemed to
44 have been in full force and effect on and after April 1, 2005.
S. 991 187 A. 1921
1 PART P
2 Section 1. Subdivision 1 of section 341 of the social services law, as
3 amended by section 148 of part B of chapter 436 of the laws of 1997, is
4 amended to read as follows:
5 1. (a) Consistent with federal law and regulations and this title, if
6 a participant has failed or refused to comply with the requirements of
7 this title, the local social services district shall issue a notice
8 indicating that such failure or refusal has taken place, the effect of
9 such non-compliance on the participant's public assistance and child
10 care benefits and of the right of such participant to conciliation
11 conducted by an independent entity or individual with no direct respon-
12 sibility for the noncompliant individual's case to resolve the reasons
13 for such failure or refusal. The notice shall also indicate that the
14 noncompliant individual may provide evidence at the conciliation confer-
15 ence that may warrant an exemption from work requirements including but
16 not limited to physical health or mental health barriers that prevented
17 compliance with work activities, and that if the district determines the
18 noncompliance was with good cause, no action shall be taken to reduce
19 the household's assistance. The notice shall also indicate that services
20 may be available to help the individual overcome barriers to employment
21 and shall explain the benefits of compliance with program requirements
22 including the availability of guaranteed child care benefits. These
23 factors shall also be discussed with the individual during the concil-
24 iation conference.
25 (b) The notice shall indicate that the participant has [seven] ten
26 days to request conciliation with the district regarding such failure or
27 refusal [in the case of a safety net participant and ten days in the
28 case of a family assistance participant]. Provided however, that for a
29 member of a household with dependent children who does not request a
30 conciliation conference within the ten day period, the local social
31 services official shall make an additional effort to contact the house-
32 hold, including a reasonable attempt for telephone contact, to offer
33 conciliation and indicate that the participant has seven days to request
34 conciliation. If the participant does not contact the district within
35 the specified number of days, the district shall issue ten days notice
36 of intent to discontinue or reduce public assistance and, if applicable,
37 of the intent to discontinue or reduce child care benefits, pursuant to
38 regulations of the department and indicate that the noncompliant indi-
39 vidual may provide evidence to the local social services official that
40 may warrant an exemption from work requirements including, but not
41 limited to, physical health or mental health limitations that prevented
42 compliance with work requirements. The notice shall also indicate that
43 services may be available to help the individual overcome barriers to
44 employment, and shall explain the benefits of compliance with program
45 requirement including the availability of guaranteed child care
46 benefits. Such notice shall also include a statement of the partic-
47 ipant's right to a fair hearing relating to such discontinuance or
48 reduction. If such participant contacts the district within [seven days
49 in the case of a safety net participant or within ten days in the case
50 of a family assistance participant] the specified number of days to
51 request conciliation, it will be the responsibility of the participant
52 to give reasons for such failure or refusal. Unless the district deter-
53 mines as a result of such conciliation process that such failure or
54 refusal was [willful and was] without good cause, no further action
55 shall be taken. If the district determines that such failure or refusal
S. 991 188 A. 1921
1 was [willful and] without good cause, the district shall notify such
2 participant in writing by issuing ten days notice of its intent to
3 discontinue or reduce public assistance and, if applicable, its intent
4 to discontinue or reduce child care benefits, including the reasons for
5 such determination, and indicate that the noncompliant individual may
6 provide information to the local social services official that may
7 warrant an exemption from work requirements including, but not limited
8 to, physical health or mental limitations that prevented compliance with
9 work requirements. The notice shall also indicate that services may be
10 available to help the individual overcome barriers to employment, and
11 shall explain the benefits of compliance with program requirements
12 including the availability of guaranteed child care benefits. The notice
13 shall indicate the individual has the right to a fair hearing relating
14 to such discontinuance or reduction. Unless extended by mutual agreement
15 of the participant and the district, conciliation shall terminate and a
16 determination shall be made within fourteen days of the date a request
17 for conciliation is made [in the case of a safety net participant or
18 within thirty days of the conciliation notice in the case of a family
19 assistance participant].
20 § 2. Section 342 of the social services law, as added by section 148
21 of part B of chapter 436 of the laws of 1997, is amended to read as
22 follows:
23 § 342. Noncompliance with the requirements of this title. 1. In
24 accordance with the provisions of this section the household of an indi-
25 vidual who is required to participate in work activities shall be ineli-
26 gible to receive public assistance if he or she fails to comply, without
27 good cause, with the requirements of this title. Such ineligibility
28 shall be for the amount and periods specified in this section. Good
29 cause for failing to comply with the requirements of this title shall be
30 defined in department regulations, provided, however, that the parent or
31 caretaker relative of a child under thirteen years of age shall not be
32 subject to the ineligibility provisions of this section if the individ-
33 ual can demonstrate, in accordance with the regulations of the office of
34 children and family services [department], that lack of available child
35 care prevents such individual from complying with the work requirements
36 of this title. The parent or caretaker relative shall be responsible for
37 locating the child care needed to meet the work requirements; provided,
38 however, that the relevant social services district shall provide a
39 parent or caretaker relative who demonstrates an inability to obtain
40 needed child care with a choice of two providers, at least one of which
41 will be a regulated provider.
42 2. (a) Following a determination that a member of a household with
43 dependent children has failed to comply with the requirements of this
44 title without good cause for the first time, the local social services
45 official shall send a notice indicating that continued noncompliance
46 will result in closure of the public assistance case and inform the
47 individual of the effect of continued noncompliance on the receipt of
48 child care benefits. The notice shall indicate that the noncompliant
49 individual may provide information that may warrant an exemption from
50 work requirements including but not limited to physical health or mental
51 health barriers that prevented compliance with work activities. The
52 notice shall also indicate that services may be available to help the
53 individual overcome barriers to employment and explain the benefits of
54 compliance with program requirements including the availability of guar-
55 anteed child care benefits.
S. 991 189 A. 1921
1 (b) Following a determination that a member of a household with
2 dependent children has failed to comply with the requirements of this
3 title without good cause for the first or subsequent act of noncompli-
4 ance the local social services official shall notify appropriate
5 district child welfare staff that the household is at risk of losing its
6 public assistance benefits. The district child welfare staff shall
7 determine whether there is an open child welfare services case for the
8 family and, if so, consider whether, based on that change in family
9 circumstances, any additional action regarding the case is required by
10 law.
11 3. In the case of an applicant for or recipient of public assistance
12 who is a parent or [caretaker of] member of a household that includes a
13 dependent child the public assistance benefits otherwise available to
14 the household of which such individual is a member shall be [reduced
15 pro-rata]:
16 (a) for the first instance of failure to comply without good cause
17 with the requirement of this article, reduced pro-rata until the indi-
18 vidual is willing to comply; provided that if the individual does not
19 comply within two months of the imposition of the sanction the local
20 social services district shall terminate all assistance to the household
21 and close the case;
22 (b) for the second instance of failure to comply without good cause
23 with the requirements of this article, [for a period of three months and
24 thereafter] terminated and case closed until the individual is willing
25 to comply;
26 (c) for the third [and all subsequent instances] instance of failure
27 to comply without good cause with the requirements of this article,
28 terminated and case closed for a period of [six] three months and there-
29 after or until the individual is willing to comply, whichever period of
30 time is longer;
31 (d) for the fourth and all subsequent instances of failure to comply
32 without good cause with the requirements of this article, terminated and
33 the case closed for a period of six months and thereafter or until the
34 individual is willing to comply, whichever period of time is longer.
35 [3] 4. In the case of an individual who is a member of a household
36 without dependent children applying for or in receipt of safety net
37 assistance the public assistance benefits otherwise available to the
38 household of which such individual is a member shall be [reduced pro-
39 rata]:
40 (a) for the first such failure or refusal, reduced pro-rata until the
41 failure or refusal ceases or ninety days, [which ever] whichever period
42 of time is longer; provided that if the individual does not comply with-
43 in two months of the imposition of the sanction, the local social
44 services district shall terminate all assistance to the household and
45 close the case;
46 (b) for the second such failure or refusal, terminated and case closed
47 until the failure ceases or for one hundred fifty days, whichever period
48 of time is longer; and
49 (c) for the third and all subsequent such failures or refusals, termi-
50 nated and the case closed until the failure ceases or one hundred eighty
51 days, whichever period of time is longer.
52 [4.] 5. With respect to the sanctions set forth in subdivisions three
53 and four of this section, if the individual complies with the require-
54 ment of this article within the minimum sanction durations set forth
55 above, the household shall receive a pro-rata reduced grant for the
S. 991 190 A. 1921
1 remaining minimum period. Continued compliance after the minimum dura-
2 tion shall restore the grant to the full amount.
3 6. A recipient of public assistance who quits or reduces his or her
4 hours of employment without good cause shall be considered to have
5 failed to comply with the requirements of this article and shall be
6 subject to the provisions of this section.
7 [5] 7. A person described in paragraph (b) of subdivision seven of
8 section one hundred fifty-nine of this chapter may not be sanctioned if
9 his or her failure to comply with requirements of this title are related
10 to his or her health status.
11 § 3. This act shall take effect immediately and shall be deemed to
12 have been in full force and effect on and after April 1, 2005.
13 PART Q
14 Section 1. Section 606 of the tax law is amended by adding a new
15 subsection (d-1) to read as follows:
16 (d-1) Enhanced earned income tax credit. (1) In lieu of the credit
17 provided for in subsection (d) of this section, a taxpayer described in
18 paragraph two of this subsection shall be allowed a credit equal to the
19 product of four and the amount of the earned income tax credit that
20 would have been allowed to the taxpayer under section 32 of the internal
21 revenue code if the taxpayer satisfied the eligibility requirements set
22 forth in section 32(c) (1) (A) (ii) of such code.
23 (2) To be allowed a credit under this subsection, a taxpayer must
24 satisfy all of the following qualifications.
25 (A) The taxpayer must be a resident taxpayer.
26 (B) The taxpayer must be between the ages of eighteen and thirty.
27 (C) The taxpayer must be the parent of a minor child with whom the
28 taxpayer does not reside.
29 (D) The taxpayer must have an order requiring him or her to make child
30 support payments, which are payable through a support collection unit
31 established pursuant to section one hundred eleven-h of the social
32 services law, which order must have been in effect for at least one half
33 of the taxable year.
34 (E) The taxpayer has paid an amount in child support in the taxable
35 year at least equal to the amount of current child support due during
36 the taxable year.
37 (3) If the amount of the credit allowed under this subsection shall
38 exceed the taxpayer's tax for such year, the excess shall be treated as
39 an overpayment of tax to be credited or refunded in accordance with the
40 provisions of section six hundred eighty-six of this article, provided,
41 however, that no interest shall be paid thereon.
42 (4) No claim for credit under this subsection shall be allowed unless
43 the department has verified, from information provided by the office of
44 temporary and disability assistance, that a taxpayer has satisfied the
45 qualifications set forth in subparagraphs (C), (D) and (E) of paragraph
46 two of this subsection. The office of temporary and disability assist-
47 ance shall provide to the department by January fifteenth of each year
48 information applicable for the immediately proceeding tax year necessary
49 for the department to make such verification. Such information shall be
50 provided in the manner and form agreed upon by the department and such
51 office. If a taxpayer's claim for a credit under this subsection is
52 disallowed because the taxpayer has not satisfied the qualifications set
53 forth in subparagraphs (C), (D) and (E) of paragraph two of this
54 subsection, the taxpayer may request a review of those qualifications by
S. 991 191 A. 1921
1 the support collection unit established pursuant to section one hundred
2 eleven-h of the social services law through which the child support
3 payments were payable. The support collection unit shall transmit the
4 result of that review to the office of temporary and disability assist-
5 ance on a form developed by such office. Such office will then transmit
6 such result to the department in a manner agreed upon by the department
7 and such office.
8 (5) A taxpayer shall not be allowed multiple credits under this
9 subsection for a taxable year even if such taxpayer has more than one
10 child or has more than one order requiring him or her to make child
11 support payments.
12 (6) In the report prepared pursuant to paragraph seven of subsection
13 (d) of this section, the commissioner shall include statistical informa-
14 tion concerning the credit allowed pursuant to this subsection. Such
15 information shall be limited to the number of credits and the average
16 amount of such credits allowed; and of those, the number of credits and
17 the average amounts of such credits allowed to taxpayers in each county.
18 § 2. Section 111-c of the social services law is amended by adding a
19 new subdivision 4 to read as follows:
20 4. a. Notwithstanding the foregoing, the enforcement of child support
21 arrears/past-due support owed to the state and social services district
22 by a non-custodial parent shall be suspended if the custodial and non-
23 custodial parents provide satisfactory proof to the support collection
24 unit that they are currently married to each other and currently reside
25 together in the same household with the child who is the subject of the
26 order.
27 b. Suspension of the enforcement of any child support arrears/past-due
28 support pursuant to this subdivision shall terminate, and enforcement of
29 such arrears/past-due support shall commence, upon the occurrence of any
30 one of the following: (i) the parties no longer reside together; (ii)
31 the parties separate; or (iii) the parties divorce.
32 § 3. Section 440 of the family court act is amended by adding a new
33 subdivision 7 to read as follows:
34 7. When issuing an order of support under this part on behalf of
35 persons who are applicants for or recipients of public assistance, the
36 court may require the respondent, if the respondent is unemployed or
37 underemployed, to participate in work activities as defined in title
38 nine-B of article five of the social services law, provided such activ-
39 ities are available. Those respondents ordered to participate in work
40 activities under this subdivision need not be applicants for or recipi-
41 ents of public assistance.
42 § 4. The social services law is amended by adding a new section 335-c
43 to read as follows:
44 § 335-c. Pilot programs. From the funds specifically appropriated
45 therefor the commissioner of the office of temporary and disability
46 assistance in cooperation with the commissioner of the office of chil-
47 dren and family services may conduct pilot programs in up to five social
48 services districts to provide intensive employment and other supportive
49 services to non-custodial parents under thirty years of age who are
50 unemployed or underemployed; who are recipients of public assistance or
51 whose income does not exceed two hundred percent of the federal poverty
52 level; and who have a child support order payable through the support
53 collection unit as created by section one hundred eleven-h of this chap-
54 ter or have had paternity established for his or her child and a court
55 proceeding has been initiated to obtain an order of child support, and
56 the custodial or non-custodial parent is receiving child support
S. 991 192 A. 1921
1 services through a social services district. The pilot programs shall
2 have as one component parenting education for the non-custodial parents.
3 Non-custodial parents shall be required to attend such parenting educa-
4 tion as a condition of participating in the pilot programs.
5 § 5. This act shall take effect immediately, except that section one
6 of this act shall apply to taxable years beginning on or after January
7 1, 2005 and before January 1, 2012.
8 PART R
9 Section 1. Subdivision 14 of section 21 of the labor law is REPEALED.
10 § 2. Paragraphs a and b of subdivision 1 of section 330 of the social
11 services law, as added by section 148 of part B of chapter 436 of the
12 laws of 1997, are amended to read as follows:
13 a. the term "commissioner" means the commissioner of the state
14 [department of labor] office of temporary and disability assistance; and
15 b. the term "department" means the state [department of labor] office
16 of temporary and disability assistance.
17 § 3. Paragraph (a) of subdivision 1 of section 335-b of the social
18 services law, as added by section 148 of part B of chapter 436 of the
19 laws of 1997, is amended to read as follows:
20 (a) Such rate for all families receiving assistance funded under the
21 federal temporary assistance to needy families program shall be as
22 follows: for federal fiscal year nineteen hundred ninety-seven, twenty-
23 five percent; nineteen hundred ninety-eight, thirty percent; nineteen
24 hundred ninety-nine, thirty-five percent; two thousand, forty percent;
25 two thousand one, forty-five percent; two thousand two and thereafter,
26 fifty percent. Such rates shall apply unless the state is required to
27 meet a different rate as imposed by the federal government, in which
28 case such different rate shall apply in accordance with a methodology
29 approved by the commissioner of [labor] the office of temporary and
30 disability assistance.
31 § 4. Notwithstanding any inconsistent provision of law to the contra-
32 ry, effective April 1, 2005, all functions, powers, duties and obli-
33 gations of the New York state department of labor concerning employment
34 programs for applicants for and recipients of public assistance, food
35 stamps and individuals eligible for nonassistance services shall be
36 transferred to the office of temporary and disability assistance.
37 § 5. Transfer of employees. Upon the transfer of functions concerning
38 employment programs for applicants for and recipients of public assist-
39 ance from the department of labor pursuant to section four of this act,
40 department of labor employees shall be transferred to the office of
41 temporary and disability assistance in accordance with section 70 of the
42 civil service law.
43 § 6. Transfer of records. All books, papers and property of the
44 department of labor with respect to the functions, powers and duties
45 transferred by section four of this act are to be delivered to the
46 office of temporary and disability assistance, at such place and time,
47 and in such manner as the commissioner of the office of temporary and
48 disability assistance requires.
49 § 7. Continuity of authority. For the purpose of succession to all
50 functions, powers, duties and obligations of the department of labor
51 transferred by section four of this act transferred to and assumed by
52 the office of temporary and disability assistance, that office shall
53 continue the operation of the various programs transferred pursuant to
54 section four of this act as if operated by the department of labor.
S. 991 193 A. 1921
1 § 8. Completion of unfinished business. Any business or other matter
2 undertaken or commenced by the department of labor pertaining to or
3 connected with the functions, powers, duties and obligations hereby
4 transferred and assigned to the office of temporary and disability
5 assistance shall be conducted and completed by the office of temporary
6 and disability assistance in the same manner and under the same terms
7 and conditions and with the same effect as if conducted and completed by
8 the department of labor.
9 § 9. Continuation of rules and regulations. All rules, regulations,
10 acts, orders, determinations, and decisions of the department of labor
11 in force at the time of such transfer and assumption, shall continue in
12 force and effect as rules, regulations, acts, orders, determinations and
13 decisions of the office of temporary and disability assistance until
14 duly modified or abrogated by the commissioner of the office of tempo-
15 rary and disability assistance.
16 § 10. Terms occurring in laws, contracts and other documents. Whenever
17 the department of labor is referred to or designated in any law,
18 contract or document pertaining to the functions, powers, obligations
19 and duties hereby transferred and assigned, such reference or desig-
20 nation shall be deemed to refer to the office of temporary and disabili-
21 ty assistance.
22 § 11. Existing rights and remedies preserved. No existing right or
23 remedy of any character shall be lost, impaired or affected by reason of
24 sections four through fifteen of this act.
25 § 12. Pending actions or proceedings. No action or proceeding pending
26 at the time when sections four through fifteen of this act shall take
27 effect relating to the functions, powers and duties of the department of
28 labor transferred pursuant to section four of this act, brought by or
29 against the department of labor or the commissioner thereof shall be
30 affected by any provision of sections four through fifteen of this act,
31 but the same may be prosecuted or defended in the name of the commis-
32 sioner of the office of temporary and disability assistance. In all such
33 actions and proceedings, the successor commissioner, upon application to
34 the court, shall be substituted as a party.
35 § 13. Transfer of appropriations heretofore made. Subject to the
36 approval of the director of the budget, all appropriations and reappro-
37 priations heretofore made to the department of labor for the functions
38 and purposes herein transferred by section four of this act to the
39 office of temporary and disability assistance to the extent of remaining
40 unexpended or unencumbered balances thereof, whether allocated or unal-
41 located and whether obligated or unobligated, are hereby transferred to
42 and made available for use and expenditure by the office of temporary
43 and disability assistance for the same purposes for which originally
44 appropriated or reappropriated and shall be payable on vouchers certi-
45 fied or approved by the commissioner of the office of temporary and
46 disability assistance on audit and warrant of the comptroller. Payments
47 for liabilities for expenses of personal services, maintenance and oper-
48 ation heretofore incurred by and for liabilities incurred and to be
49 incurred in completing the affairs of the department of labor with
50 respect to the powers, duties and functions transferred herein, shall
51 also be made on vouchers or certificates approved by the commissioner of
52 the office of temporary and disability assistance on audit and warrant
53 of the comptroller.
54 § 14. Transfer of assets and liabilities. All assets and liabilities
55 of the department of labor concerning the functions transferred by
S. 991 194 A. 1921
1 section four of this act are hereby transferred to and assumed by the
2 office of temporary and disability assistance.
3 § 15. Memorandum of understanding. All memoranda of understanding
4 between the department of labor and other public agencies concerning the
5 operation of employment programs for applicants and recipients of public
6 assistance in effect on the date of the enactment of this act shall be
7 hereby transferred to the office of temporary and disability assistance
8 in the same manner and under the same terms and conditions and with the
9 same effects as if conducted and completed by the department of labor.
10 § 16. Notwithstanding any inconsistent provision of the state adminis-
11 trative procedure act, the office of temporary and disability assistance
12 to which the functions, powers and duties of the department of labor are
13 transferred by section four of this act shall be authorized to promul-
14 gate regulations on an emergency basis to ensure the implementation of
15 sections four through fourteen of this act.
16 § 17. This act shall take effect immediately and shall be deemed to
17 have been in full force and effect on and after April 1, 2005.
18 PART S
19 Section 1. Subdivision 17 of section 153 of the social services law,
20 as amended by chapter 214 of the laws of 1998, is amended to read as
21 follows:
22 17. In each [quarter] state fiscal year in which a social services
23 district fails to meet participation rates established pursuant to
24 section three hundred thirty-five-b of title nine-B of article five of
25 this chapter for households without dependent children in which there is
26 an adult who is [not otherwise exempt from work requirements and which
27 is] receiving safety net assistance, such district shall have its state
28 reimbursement for administration of income maintenance, medical assist-
29 ance, food stamps, child support and employment programs reduced by
30 one-half of one percent for each one percent of such shortfall, up to a
31 maximum of five percent; provided, however, that in calculating any
32 reduction in reimbursement, the commissioner of labor shall include as
33 participating in work experience any such recipient who is working for
34 the number of hours derived by dividing the individual's cash assistance
35 plus food stamp benefits by the higher of the federal or state minimum
36 wage.
37 § 2. Subdivision 1 of section 335-b of the social services law, as
38 added by section 148 of part B of chapter 436 of the laws of 1997 and
39 paragraphs (b) and (d) as amended by chapter 214 of the laws of 1998, is
40 amended to read as follows:
41 1. Each social services district shall meet or exceed the minimum
42 participation rate for recipients of assistance funded under the federal
43 temporary assistance [to] for needy families program participating in
44 work activities as specified below with respect to families receiving
45 such assistance. Each such district shall also meet or exceed the mini-
46 mum participation rate for households without dependent children in
47 which there is an adult who [is not otherwise exempt from work require-
48 ments and which] is receiving safety net assistance. Work activities for
49 which such rates apply are described in section three hundred thirty-six
50 of this title. Each social services district that fails to meet these
51 rates shall be subject to the provisions of section one hundred fifty-
52 three of this chapter.
53 (a) Such rate for all families receiving assistance funded under the
54 federal temporary assistance [to] for needy families program shall be as
S. 991 195 A. 1921
1 follows: for federal fiscal year nineteen hundred ninety-seven, twenty-
2 five percent; nineteen hundred ninety-eight, thirty percent; nineteen
3 hundred ninety-nine, thirty-five percent; two thousand, forty percent;
4 two thousand one, forty-five percent; two thousand two and thereafter,
5 fifty percent. Such rates shall apply unless the state is required to
6 meet a different rate as imposed by the federal government, in which
7 case such different rate shall apply in accordance with a methodology
8 approved by the commissioner of labor.
9 (b) Such rate for [(1)] two-parent families receiving assistance fund-
10 ed under the federal temporary assistance [to] for needy families
11 program [or (2) households without dependent children in which there is
12 an adult who is not otherwise exempt receiving safety net assistance,]
13 shall be as follows: for federal fiscal years nineteen hundred ninety-
14 seven and nineteen hundred ninety-eight, seventy-five percent; nineteen
15 hundred ninety-nine and thereafter, ninety percent. Such [rates] rate
16 shall apply unless the state is required to meet a different rate as
17 imposed by the federal government, in which case such different rate
18 shall apply in accordance with a methodology approved by the commission-
19 er.
20 (c) Such rate for households without dependent children in which there
21 is an adult who is receiving safety net assistance shall be fifty
22 percent.
23 (d) Calculation of participation rates. The commissioner of labor
24 shall promulgate regulations which define the participation rate calcu-
25 lation. Such calculation for families receiving assistance funded under
26 the federal temporary assistance [to] for needy families program pursu-
27 ant to article IV-A of the social security act shall be consistent with
28 that established in federal law. The commissioner of labor shall report
29 annually, or as frequently as necessary to comply with federal require-
30 ments, to the [commissioner of social services] office of temporary and
31 disability assistance or the commissioners of successor agencies the
32 average monthly participation rate for each social services district.
33 [(d)] (e) Minimum work hours. In order for individuals to be included
34 in the participation rates specified in this subdivision, such individ-
35 uals must be engaged in work as defined in title IV-A of the social
36 security act and in this section for a minimum average weekly number of
37 hours as specified below.
38 (i) For all families, if the month is in federal fiscal year: nineteen
39 hundred ninety-seven and nineteen hundred ninety-eight, twenty hours per
40 week; nineteen hundred ninety-nine, twenty-five hours per week; two
41 thousand and thereafter, thirty hours per week.
42 (ii) For two-parent families or households without dependent children,
43 in any federal or state fiscal year, thirty-five hours per week.
44 (iii) In the case of a two-parent family receiving federally funded
45 child care assistance and a parent in the family is not disabled or
46 caring for a severely disabled child, the individual and the other
47 parent in the family are participating in work activities for a total of
48 at least fifty-five hours per week during the month, not fewer than
49 fifty hours of which are attributable to activities described in para-
50 graphs (a) through (h) and (l) of subdivision one of section three
51 hundred thirty-six of this title.
52 § 3. This act shall take effect immediately and shall be deemed to
53 have been in full force and effect on and after April 1, 2005.
54 PART T
S. 991 196 A. 1921
1 Section 1. Subparagraph (iii) of paragraph (a) of subdivision 8 of
2 section 131-a of the social services law is REPEALED and a new subpara-
3 graph (iii) is added to read as follows:
4 (iii) fifty percent of the earned income for such month of any recipi-
5 ent in a household containing a dependent child which remains after
6 application of all other subparagraphs of this paragraph; reduced to
7 twenty-five percent with respect to households that contain a recipient
8 who has received assistance for a cumulative period of sixty months or
9 more after December thirty-first, nineteen hundred ninety-six; provided
10 further, that no assistance shall be given to any household with gross
11 earned and unearned income, exclusive of income described in subpara-
12 graphs (i) and (vi) of this paragraph, in excess of the poverty guide-
13 lines of the United States Bureau of the Census.
14 § 2. This act shall take effect immediately and shall be deemed to
15 have been in full force and effect on and after April 1, 2005, and shall
16 affect grants and allowances provided on and after October 1, 2005.
17 PART U
18 Section 1. Section 604 of the education law is amended by adding a
19 new subdivision 11 to read as follows:
20 11. American airlines flight 587 memorial scholarships pursuant to
21 section six hundred sixty-eight-f of this title.
22 § 2. The education law is amended by adding a new section 668-f to
23 read as follows:
24 § 668-f. American airlines flight 587 memorial scholarships. 1.
25 Eligible groups. Notwithstanding subdivisions three and five of section
26 six hundred sixty-one of this part, children, spouses, and financial
27 dependents of persons who died as a direct result of the crash of Ameri-
28 can airlines flight 587, in Rockaway, Queens, on November twelfth, two
29 thousand one, shall be eligible to receive a memorial scholarship.
30 2. Amount. The president shall grant annual scholarships in amounts
31 determined in accordance with subdivision two of section six hundred
32 sixty-eight-d of this subpart.
33 3. Duration. Awards under this section shall be payable for each of
34 not more than four academic years of undergraduate study or five academ-
35 ic years if a program normally requires five years, as defined by the
36 commissioner pursuant to article thirteen of this title.
37 § 3. This act shall take effect immediately and shall be deemed to
38 have been in full force and effect on and after April 1, 2001, and shall
39 be applicable for awards made for the 2001-02 academic year and each
40 following academic year.
41 PART V
42 Section 1. Subdivision 3 of section 903 of the labor law, as amended
43 by chapter 190 of the laws of 1990, is amended to read as follows:
44 3. The renewal fee for an asbestos handling license shall be [three]
45 five hundred dollars, which shall accompany each license renewal appli-
46 cation.
47 § 2. Subdivision 5 of section 903 of the labor law, as amended by
48 section 9 of part A of chapter 57 of the laws of 2004, is amended to
49 read as follows:
50 5. The fee for an asbestos handling certificate shall be assessed in
51 accordance with the following and shall accompany each certificate
52 application.
S. 991 197 A. 1921
1 Application
2 Schedule: Asbestos Handling Certificate Category Fee
3 Management Planner $150
4 Project Designer 150
5 Project Monitor 150
6 Inspector 100
7 Air [Monitor] Sampling Technician 75
8 Supervisor 75
9 Asbestos Handler (Worker) 50
10 Operation and Maintenance 50
11 Restricted Handler (Allied Trades) 50
12 § 3. This act shall take effect immediately.
13 PART W
14 Section 1. Subdivision (b) of section 718 of the family court act, as
15 amended by chapter 419 of the laws of 1987, is amended to read as
16 follows:
17 (b) A peace officer, acting pursuant to [his] the peace officer's
18 special duties, or a police officer is authorized to take a [child]
19 youth who has run away from home or who, in the reasonable opinion of
20 the officer, appears to have run away from home, to a facility certified
21 or approved for such purpose by the [division for youth or to a facility
22 approved by the state department of social services] office of children
23 and family services, if the peace officer or police officer is unable,
24 or if it is unsafe, to return the youth to his or her home or to the
25 custody of his or her parent or other person legally responsible for his
26 or her care. Any such facility receiving a [child] youth shall inform a
27 parent or other person responsible for such [child's] youth's care [and
28 the family court of its action].
29 § 2. Subdivision 5 of section 720 of the family court act, as added by
30 section 3 of part V of chapter 383 of the laws of 2001, is amended to
31 read as follows:
32 5. (a) The court shall not order or direct detention under this arti-
33 cle, unless the court determines that there is no substantial likelihood
34 that the youth and his or her family will continue to benefit from
35 preventive or adjustment services and that all available alternatives to
36 detention have been exhausted; and
37 (b) Where [the person] the youth is sixteen years of age or older, the
38 court shall not order or direct detention under this article, unless the
39 court determines and states in its order that special circumstances
40 exist to warrant such detention.
41 § 3. Paragraphs (i), (ii) and (iii) of subdivision (b) of section 724
42 of the family court act, paragraphs (i) and (iii) as amended by chapter
43 843 of the laws of 1980 and paragraph (ii) as amended by chapter 492 of
44 the laws of 1987, are amended to read as follows:
45 (i) release the [child] youth to the custody of his or her parent or
46 other person legally responsible for his or her care upon the written
47 promise, without security, of the person to whose custody the [child]
48 youth is released that he or she will produce the [child] youth before
49 the [family court] appropriate social services official or probation
50 department in that county at a time and place specified in writing; or
51 (ii) forthwith and with all reasonable speed take the [child] youth
52 directly, and without [his] first being taken to the police station
S. 991 198 A. 1921
1 house, to the [family court] appropriate social services official or
2 probation department located in the county in which the act occasioning
3 the taking into custody allegedly was done, unless the officer deter-
4 mines that it is necessary to question the [child] youth, in which case
5 he or she may take the [child] youth to a facility designated by the
6 chief administrator of the courts as a suitable place for the question-
7 ing of [children] youth or, upon the consent of a parent or other person
8 legally responsible for the care of the [child] youth, to the [child's]
9 youth's residence and there question him or her for a reasonable period
10 of time; or
11 (iii) take [the child to a place certified by the state division for
12 youth as a juvenile detention facility for the reception of children.] a
13 youth in need of crisis intervention or respite services to an approved
14 runaway program or other approved respite or crisis program; or
15 (iv) take the youth directly to the family court located in the county
16 in which the act occasioning the taking into custody was allegedly done,
17 provided that the officer affirms on the record that he or she attempted
18 to exercise the options identified in paragraphs (i), (ii) and (iii) of
19 this subdivision, was unable to exercise these options, and the reasons
20 therefor.
21 § 4. Paragraphs (i) and (ii) of subdivision (d) of section 728 of the
22 family court act are renumbered paragraphs (ii) and (iii) and a new
23 paragraph (i) is added to read as follows:
24 (i) that there is no substantial likelihood that the youth and his or
25 her family will continue to benefit from preventive or adjustment
26 services and that all available alternatives to detention have been
27 exhausted; and
28 § 5. Subdivisions (a), (b) and (c) of section 732 of the family court
29 act, subdivision (b) as amended by chapter 596 of the laws of 2000, are
30 amended and a new subdivision (d) is added to read as follows:
31 (a) the respondent is an habitual truant or is incorrigible, ungovern-
32 able, or habitually disobedient and beyond the lawful control of his or
33 her parents, guardian or lawful custodian, and specifying the acts on
34 which the allegations are based and the time and place they allegedly
35 occurred. Where habitual truancy is alleged or the petitioner is a
36 school district or local educational agency, the petition shall also
37 include the steps taken by the responsible school district or local
38 educational agency to improve the school attendance and/or conduct of
39 the respondent;
40 (b) the respondent was under eighteen years of age at the time of the
41 specified acts; [and]
42 (c) the respondent requires supervision or treatment[.]; and
43 (d) the petitioner has complied with the provisions of section seven
44 hundred thirty-five of this article.
45 § 6. Section 734 of the family court act is REPEALED.
46 § 7. Section 735 of the family court act is REPEALED and a new section
47 735 is added to read as follows:
48 § 735. Preliminary procedure: adjustment and preventive services. (a)
49 Each county and any city having a population of one million or more
50 shall offer adjustment and/or preventive services pursuant to section
51 four hundred nine-a of the social services law to youth who are at risk
52 of being the subject of a petition under this article. Such services
53 shall be designed to provide an immediate response to families in
54 crisis, to identify and utilize appropriate alternatives to detention
55 and to divert youth from being the subject of a petition in family
56 court. Each county and such city shall designate the local social
S. 991 199 A. 1921
1 services district or the probation department as lead agency for the
2 purposes of providing diversion services.
3 (b) The probation department or social services district shall:
4 (i) confer with any person seeking to file a petition, the youth who
5 may be a potential respondent, his or her family, and other interested
6 persons, concerning the provision of adjustment and/or preventive
7 services before any petition may be filed; and
8 (ii) diligently attempt to prevent the filing of a petition under this
9 article or, after the petition is filed, to prevent the placement of the
10 youth into foster care; and
11 (iii) assess whether the youth would benefit from residential respite
12 services; and
13 (iv) determine whether alternatives to detention are appropriate to
14 avoid remand of the youth to detention.
15 (c) Any person or agency seeking to file a petition pursuant to this
16 article which does not have attached thereto the documentation required
17 by subdivision (g) of this section shall be referred by the clerk of the
18 court to the appropriate probation department or social services offi-
19 cial, who shall schedule and hold, on reasonable notice to the potential
20 petitioner, the youth and his or her parent or other person legally
21 responsible for his or her care, at least one conference in order to
22 determine the factual circumstances and determine whether the youth and
23 his or her family should receive adjustment services pursuant to this
24 section or preventive services pursuant to section four hundred nine-a
25 of the social services law. Adjustment or preventive services shall
26 include clearly documented diligent attempts to provide appropriate
27 services to the youth and his or her family unless it is determined that
28 there is no substantial likelihood that the youth and his or her family
29 will benefit from further adjustment attempts or preventive services.
30 Notwithstanding the provisions of section two hundred sixteen-c of this
31 act, the clerk shall not accept for filing under this part any petition
32 that does not have attached thereto the documentation required by subdi-
33 vision (g) of this section.
34 (d) Adjustment and preventive services shall include documented dili-
35 gent attempts to engage the youth and his or her family in appropriately
36 targeted community-based services, but shall not be limited to:
37 (i) providing, at the first contact, information on the availability
38 of or a referral to services in the geographic area where the youth and
39 his or her family are located that may be of benefit in avoiding the
40 need to file a petition under this article; including the availability,
41 for up to twenty-one days, of a residential respite program, if the
42 youth and his or her parent or other person legally responsible for his
43 or her care agree, and the availability of other non-residential crisis
44 intervention programs such as family crisis counseling or alternative
45 dispute resolution programs.
46 (ii) scheduling and holding at least one conference with the youth and
47 his or her family and the person or representatives of the entity seek-
48 ing to file a petition under this article concerning alternatives to
49 filing a petition and services that are available. Adjustment and
50 preventive services shall include clearly documented diligent attempts
51 to provide appropriate services to the youth and his or her family
52 before it may be determined that there is no substantial likelihood that
53 the youth and his or her family will benefit from further attempts.
54 (iii) where the entity seeking to file a petition is a school district
55 or local educational agency, the probation service or social services
56 official shall review the steps taken by the school district or local
S. 991 200 A. 1921
1 educational agency to improve the youth's attendance and/or conduct in
2 school and attempt to engage the school district or local educational
3 agency in further adjustment and/or preventive attempts, if it appears
4 from review that such attempts will be beneficial to the youth.
5 (e) The probation service or social services official shall maintain a
6 written record with respect to each youth and his or her family for whom
7 it considers providing or provides adjustment or preventive services
8 pursuant to this section. The record shall be made available to the
9 court at or prior to the initial appearance of the youth in any proceed-
10 ing initiated pursuant to this article.
11 (f) Efforts at adjustment or prevention of the filing of a petition
12 pursuant to this section may extend until the probation service or
13 social services official determines that there is no substantial likeli-
14 hood that the youth and his or her family will benefit from further
15 attempts. Efforts at adjustment or prevention pursuant to this section
16 may continue after the filing of a petition where the probation service
17 or social services official determines that the youth and his or her
18 family will benefit from further attempts to prevent the youth from
19 entering foster care.
20 (g) (i) The probation service or the social services official shall
21 promptly give written notice to the potential petitioner whenever
22 attempts to prevent the filing of a petition have terminated, and shall
23 indicate in such notice whether efforts were successful. The notice
24 shall also detail the diligent attempts made to adjust the case or
25 prevent the filing of a petition if a determination has been made that
26 there is no substantial likelihood that the youth will benefit from
27 further attempts. No persons in need of supervision petition may be
28 filed pursuant to this article during the period the probation service
29 is attempting to adjust the case or the social services district is
30 providing preventive services. A finding by the probation service or
31 social services official that the case has been successfully adjusted
32 shall constitute presumptive evidence that the underlying allegations
33 have been successfully resolved in any petition based upon the same
34 factual allegations. No petition may be filed pursuant to this article
35 by the parent or other person legally responsible for the youth where
36 adjustment or preventive services have been terminated because of the
37 failure of the parent or other person legally responsible for the youth
38 to consent to or actively participate.
39 (ii) The clerk of the court shall accept a petition for filing only if
40 it has attached thereto the following:
41 (A) if the potential petitioner is the parent or other person legally
42 responsible for the youth, a notice from the probation service or appro-
43 priate social services official indicating there is no bar to the filing
44 of the petition as the potential petitioner consented to and actively
45 participated in adjustment and/or preventive services.
46 (B) a notice from the probation service or appropriate social services
47 official stating that it has terminated adjustment or preventive
48 services because it has determined that there is no substantial likeli-
49 hood that the youth and his or her family will benefit from further
50 attempts, and that the case has not been successfully adjusted.
51 (h) No statement made to the probation officer, the social services
52 official or to any agency or organization to which the potential
53 respondent, prior to the filing of the petition, or if the petition has
54 been filed, prior to the time the respondent has been notified that
55 attempts at adjustment will not be made or have been terminated, or
56 prior to the commencement of a fact-finding hearing if attempts at
S. 991 201 A. 1921
1 adjustment have not terminated previously, may be admitted into evidence
2 at a fact-finding hearing or, if the proceeding is transferred to a
3 criminal court, at any time prior to a conviction.
4 § 8. Subdivision (a) of section 739 of the family court act, as
5 amended by chapter 920 of the laws of 1982, is amended to read as
6 follows:
7 (a) After the filing of a petition under section seven hundred thir-
8 ty-two of this article, the court in its discretion may release the
9 respondent or direct his or her detention. [In exercising its discretion
10 under this section,] However, the court shall not direct detention
11 unless it finds and states the facts and reasons for so finding that
12 unless the respondent is detained[:
13 (i)] there is a substantial probability that [he] the respondent will
14 not appear in court on the return date[; or
15 (ii) there is a serious risk that he may before the return date do an
16 act which if committed by an adult would constitute a crime] and all
17 available alternatives to detention have been exhausted.
18 § 9. Section 742 of the family court act, as added by chapter 813 of
19 the laws of 1985, is amended to read as follows:
20 § 742. Adjustment and prevention attempts. (a) Whenever a petition is
21 filed pursuant to this article, the probation service or appropriate
22 social services official shall file a written report with the court
23 indicating any previous actions it has taken with respect to the case.
24 [The written report shall meet the requirements of regulations promul-
25 gated by the state division of probation and correctional alternatives.]
26 (b) At the initial appearance of the respondent, the court shall
27 review any [determination by the probation service that the respondent
28 does not qualify for adjustment services pursuant to section seven
29 hundred thirty-five of this article or any] termination of adjustment or
30 preventive services pursuant to such section, and the documentation of
31 diligent attempts to provide appropriate services and determine whether
32 such efforts or services provided are sufficient and may, [if the
33 respondent consents and] subject to the provisions of section seven
34 hundred forty-eight of this article, order that additional adjustment
35 attempts be undertaken by the probation service or preventive services
36 be offered by the social services official. The court may order the
37 youth and the parent or other person legally responsible for the youth
38 to participate in adjustment or preventive services. If the probation
39 service or social services official thereafter determines that the case
40 has been successfully [adjusted] resolved, it shall so notify the court,
41 and the court shall dismiss the petition.
42 [(c) The provisions of this section shall apply only to those juris-
43 dictions to which section seven hundred thirty-five of this article
44 applies.]
45 § 10. Subdivision (c) of section 756 of the family court act, as added
46 by chapter 419 of the laws of 1987, is amended to read as follows:
47 (c) A placement pursuant to this section with the commissioner of
48 [social services] the office of children and family services shall not
49 be directed in any detention facility, but the court may direct
50 detention pending transfer to a placement authorized and ordered under
51 this section for no more than [thirty days after the order of placement
52 is made or in a city of one million or more, for no more] than fifteen
53 days after such order of placement is made. Such direction shall be
54 subject to extension pursuant to subdivision three of section three
55 hundred ninety-eight of the social services law, upon written documenta-
56 tion to the office of children and family services that the youth is in
S. 991 202 A. 1921
1 need of specialized treatment or placement and the diligent efforts by
2 the commissioner of the office of children and family services to locate
3 an appropriate placement.
4 § 11. Subdivision (f) of section 759 of the family court act, as
5 amended by chapter 309 of the laws of 1996, is amended to read as
6 follows:
7 (f) to participate in family counseling or other professional coun-
8 seling activities, or other services, including alternative dispute
9 resolution services conducted by an authorized person or an authorized
10 agency to which the [child] youth has been referred or placed, deemed
11 necessary for the rehabilitation of the [child] youth, provided that
12 such family counseling [or], other counseling activity [is] or other
13 necessary services are not contrary to such person's religious beliefs;
14 § 12. Section 218-a of the county law is amended by adding a new
15 subdivision C to read as follows:
16 C. Each county shall offer adjustment and/or preventive services to
17 children who are at risk of being the subject of a petition under arti-
18 cle seven of the family court act. Such services shall be designed to
19 provide an immediate response to families in crisis and to identify and
20 utilize appropriate alternatives to juvenile detention.
21 § 13. Subdivisions 3, 4 and 5 of section 532-a of the executive law,
22 subdivisions 3 and 5 as amended by chapter 182 of the laws of 2002 and
23 subdivision 4 as amended by chapter 800 of the laws of 1985, are amended
24 to read as follows:
25 3. "Youth in need of crisis intervention or respite services" shall
26 mean a person under the age of eighteen years who is a potential
27 respondent under article seven of the family court act, who, with the
28 consent of his or her parent or other person legally responsible for the
29 youth, is determined by the local juvenile probation department or
30 social services official to be in need of crisis intervention or respite
31 services.
32 4. "Approved runaway program" shall mean any non-residential program
33 approved by the office of children and family services after submission
34 by the county youth bureau, as part of its comprehensive plan, or any
35 residential facility which is operated by an authorized agency as
36 defined in subdivision ten of section three hundred seventy-one of the
37 social services law, and approved by the office of children and family
38 services after submission by the county youth bureau as part of its
39 comprehensive plan, established and operated to provide services to
40 runaway and homeless youth in accordance with the regulations of the
41 office of temporary and disability assistance and the office of children
42 and family services. Such programs may also provide non-residential
43 crisis intervention and residential respite services to youth in need of
44 crisis intervention or respite services, as defined in this section.
45 Residential respite services in an approved runaway program may be
46 provided for no more than twenty-one days in accordance with the regu-
47 lations of the office of children and family services.
48 [4.] 5. "Runaway and homeless youth service coordinator" shall mean
49 any person designated by a county whose duties shall include but not be
50 limited to answering inquiries at any time concerning transportation,
51 shelter and other services available to a runaway or homeless youth or a
52 youth in need of crisis intervention or respite services.
53 [5.] 6. "Transitional independent living support program" shall mean
54 any non-residential program approved by the office of children and fami-
55 ly services after submission by the county youth bureau as part of its
56 comprehensive plan, or any residential facility approved by the office
S. 991 203 A. 1921
1 of children and family services after submission by the county youth
2 bureau as part of its comprehensive plan, established and operated to
3 provide supportive services, for a period of up to [twelve] eighteen
4 months in accordance with the regulations of the office of children and
5 family services, to enable homeless youth between the ages of sixteen
6 and twenty-one to progress from crisis care and transitional care to
7 independent living. Such transitional independent living support
8 program may also provide services to youth in need of crisis inter-
9 vention or respite services. Notwithstanding the time limitation in
10 paragraph (i) of subdivision (d) of section seven hundred thirty-five of
11 the family court act, residential respite services may be provided in a
12 transitional independent living support program for a period of more
13 than twenty-one days.
14 § 14. Paragraph (a) of subdivision 1 of section 532-b of the executive
15 law, as added by chapter 722 of the laws of 1978, is amended to read as
16 follows:
17 (a) provide assistance to any runaway or homeless youth or youth in
18 need of crisis intervention or respite services as defined in this arti-
19 cle;
20 § 15. Subdivision (e) of section 532-d of the executive law, as
21 amended by chapter 182 of the laws of 2002, is amended to read as
22 follows:
23 (e) provide residential services to a youth in need of crisis inter-
24 vention or respite services, as defined in this article; and
25 (f) continue to provide services to a homeless youth who is not yet
26 eighteen years of age but who has reached the eighteen month maximum
27 provided by subdivision six of section five hundred thirty-two-a of this
28 article, until he or she is eighteen years of age or for an additional
29 six months if he or she is still under the age of eighteen; and
30 (g) provide such reports and data as specified by the office of chil-
31 dren and family services.
32 § 16. Paragraph (c) of subdivision 3 of section 398 of the social
33 services law, as amended by chapter 419 of the laws of 1987, is amended
34 to read as follows:
35 (c) Receive within [thirty] fifteen days from the order of placement
36 as a public charge any delinquent child committed or placed or person in
37 need of supervision placed in his or her care by the family court
38 provided, however, that the commissioner of the social services district
39 with whom the child is placed may apply to the state commissioner or his
40 or her designee for approval of an additional [thirty] fifteen days [for
41 good cause shown. In a city with a population of one million or more,
42 the commissioner of the social services district shall receive within
43 fifteen days from the order of placement as a public charge any delin-
44 quent child, or person in need of supervision, committed or placed in
45 his care by the family court provided, however, that the commissioner of
46 the social services district with whom the child is placed may apply to
47 the state commissioner or his designee for approval of an additional
48 fifteen days for good cause shown], upon written documentation to the
49 office of children and family services that the youth is in need of
50 specialized treatment or placement and the diligent efforts by the
51 commissioner of the office of children and family services to locate an
52 appropriate placement.
53 § 17. This act shall take effect immediately and shall be deemed to
54 have been in full force and effect on and after April 1, 2005.
55 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
56 sion, section or part of this act shall be adjudged by any court of
S. 991 204 A. 1921
1 competent jurisdiction to be invalid, such judgment shall not affect,
2 impair, or invalidate the remainder thereof, but shall be confined in
3 its operation to the clause, sentence, paragraph, subdivision, section
4 or part thereof directly involved in the controversy in which such judg-
5 ment shall have been rendered. It is hereby declared to be the intent of
6 the legislature that this act would have been enacted even if such
7 invalid provisions had not been included herein.
8 § 3. This act shall take effect immediately provided, however, that
9 the applicable effective date of Parts A through W of this act shall be
10 as specifically set forth in the last section of such Parts.