14. as § Paragraph b of subdivision 7 of section 3202 of the education law, as added by chapter 683 of the laws of 1986, is amended to read follows: b. Except as otherwise provided in this paragraph, the school district in which the child resided at the time of the child's commitment to the custody of the sheriff or local commissioner of corrections shall reimburse the education department for its expenditure for the full time equivalent attendance of such child pursuant to subdivision thirty-five of section thirty-six hundred two of this chapter on behalf of such child, in an amount equal to the product of such full time equivalent attendance and the school district basic contribution, as such term is defined in subdivision eight of section forty-four hundred one of this chapter, provided, however, that such basic contribution shall be multiplied by the full time equivalent attendance multiplied by one hundred twenty per centum for such children attending programs which operate between July first and June thirtieth. If at applicable time specified in this paragraph a school district other than the school district in which the child resides is responsible for the cost of instruction of the child or for reimbursement of the state for its expenditure on behalf of the child pursuant to any provision of this chapter, then such other school district shall be responsible for reimbursement of the education department in accordance with this paragraph. Upon certification by the commissioner, the comptroller shall deduct from any state funds which become due to a school district an amount equal to the reimbursement required to be made by such school district in accordance with this paragraph, and the amount so deducted shall not be included in the operating expense of such district for the purpose of computing the approved operating expense pursuant to subdivision eleven of section thirty-six hundred two of this chapter. § 15. Paragraph c of subdivision 1-b of section 3602 of the education law, as amended by chapter 53 of the laws of 1992, is amended to read as follows: C. Apportionment reduction. A school district that spends any part of the apportionment amounts consolidated during the base year for purposes other than those specified in the approved plan on file with the commissioner, shall have its current year apportionments reduced pursuant to this paragraph by the amount of such inappropriate expenditures in the base year. Such apportionment reduction shall be a proportionate amount for each supplemental support service awarded pursuant to paragraph seven of subdivision nineteen of this section and subdivisions twentythree[,] and twenty-five[, thirty-two and thirty-three] of section. § 16. Paragraph h of subdivision 14 of section 3602 of the education law, as amended by chapter 53 of the laws of 1992, is amended to read as follows: h. Efficiency study grants. (1) Any school district which is eligible to receive an apportionment under this section or section thirty-six hundred two-b of this article may submit plans to the commissioner for the purpose of receiving a grant to EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted. study reorganization of the district with one or more school districts or the sharing of programs between such districts and other school districts. (2) Efficiency grants may also be awarded pursuant to this paragraph to a school district, a group of school districts, or to a board of cooperative educational services for a project in which a county or other municipality is a partner for the purpose of studying a collaborative service delivery system for school aged at-risk youth and their families. [The following are among the areas for which such an efficiency grant may be awarded: collaboration with human services agencies, such as a county department of social services; consolidation of services in such areas as health, youth or other human services; transportation; facilities, bidding bidding and purchasing, equipment, insurance, maintenance and communications. ] (3) Plans shall be in the form prescribed by the commissioner and approved by him in accordance with regulations adopted such purposes. (4) After his approval of a plan, the commissioner may award a maximum grant of fifty thousand dollars per study pursuant to subparagraph one of this paragraph and a maximum grant of twenty thousand dollars per study pursuant to subparagraph two of this paragraph. Grants awarded pursuant to this paragraph shall be paid notwithstanding the provisions of section thirty-six hundred nine of this article. (5) The commissioner shall ensure that of the total amount allocated for grants awarded under this paragraph, the amount of grants awarded pursuant to subparagraph two of this paragraph shall constitute no more than thirty-five percent of such total amount. § 17. Subdivision 14 of section 3602 of the education law is amended by adding a new paragraph i to read as follows: i. For school districts which reorganize on or after July first, nineteen hundred ninety-two, the percent increase in apportionment pursuant to paragraph c of this subdivision shall be thirty and the percent increase in the apportionment pursuant to paragraph d of this subdivision shall be forty provided that such school districts meet all other requirements of the provisions of such paragraph c or d as the case may be. All other requirements of paragraph c or d or both shall apply, provided however that such additional forty percent apportionment pursuant to paragraph d of this subdivision shall be reduced by four percentage percentage points each year in lieu of one percentage point. School districts which receive an apportionment under this paragraph shall not be eligible for an apportionment under paragraph c, d, e or f of this subdivision. § 18. The opening paragraph of subparagraph 1 of paragraph 1 of subdivision 1 of section 3609 of the education law, as added by chapter 53 of the laws of 1992, is amended to read as follows: As used in this paragraph and paragraphs m and n of this subdivision, the following terms shall be defined as follows: § 19. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 1992; except sections fourteen through eighteen of this act shall be deemed to have been in full force and effect on and after July 1, 1992. CHAPTER 794 ex AN ACT to amend chapter 53 of the laws of 1992, entitled the aid to localities budget, in relation to funding for the services and penses of prisoners' legal services of New York and to amend the criminal procedure law, in relation to restricting waiver and remittance and enhancing the financial accountability of offenders; and to amend section 20 of chapter 53 of the laws of 1992 enacting the aid to localities budget, in relation to making an alteration thereto; to amend chapter 53 of the laws of 1992, enacting the aid to localities budget, in relation to reducing apportionment of education aid payable to certain school districts; to amend the private housing finance law, relation to implementation of the national affordable housing act and providing for availability of certain funds and repealing section 1173 of such law upon the expiration thereof in Became a law August 7, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The following provisions of that part entitled "DIVISION OF CRIMINAL JUSTICE SERVICES, of section 1 of chapter 53 of the laws of 1992, constituting the aid to localities budget, are amended by deleting therefrom the items hereinbelow set forth in brackets and by adding thereto the items hereinbelow set forth in italics as follows: DIVISION OF CRIMINAL JUSTICE SERVICES For payment of state aid in accordance with the following schedules subject to the approval of the director of the budget: Notwithstanding any other provision of law, funding for EXPLANATION-Matter in italics is new; matter in brackets [] is old law The comptroller is hereby authorized and directed to loan money to the criminal justice improvement account in accordance with the provisions set forth in section 1 of this act. SCHEDULE FUNDING AND PROGRAM ASSISTANCE PROGRAM Special Revenue Funds - Other For services and expenses of the crimes in For payment of state aid for law enforcement services 7,501,000 For services and expenses of the local match requirement for federal anti-drug funds supporting the division of parole relapse prevention program 520,600 of Prisoners' Notwithstand a sum not to For services and expenses For transfer to the general fund 7,185,400 Program account subtotal all funds [15,457,000] 83,587,700 § 2. Section 420.30 of the criminal procedure law is amended by adding two new subdivisions 3 and 4 to read as follows: 3. Restrictions. Only if a superior court determines, on the basis of information incorporated into the record pursuant to subdivision four of this section that because of the indigence of the offender the payment of said surcharge or crime victim assistance fee would work an unreasonable hardship on the person convicted or on his or her immediate family, may all or any part of a mandatory surcharge or crime victim assistance fee imposed pursuant to subdivision one of section 60.35 of the penal law, subdivision twenty-a of section three hundred eighty-five of the vehicle and traffic law, subdivision nineteen-a of section four hundred one of the vehicle and traffic law, or a mandatory surcharge imposed pursuant to section eighteen hundred nine of the vehicle and traffic law be remitted. The superior court shall be mindful of the mandatory nature of the surcharge and the crime victim assistance fee, and the important criminal justice and victim services sustained by such fees. 4. Where a court of record or administrative tribunal determines that it will remit part or all of a mandatory surcharge imposed pursuant to subdivision one of section 60.35 of the penal law, section eighteen hundred nine of the vehicle and traffic law or section 27.12 of the parks, recreation and historic preservation law, a statement of such finding and of the facts upon which it is based shall be made part of the record of such case. § 3. Subdivisions 3 and 4 of section 420.35 of the criminal procedure law are renumbered subdivisions 4 and 5 and a new subdivision 3 is added to read as follows: 3. In determining whether to waive all or part of a mandatory surcharge imposed pursuant to subdivision one of section 60.35 of the penal law, subdivision twenty-a of section three hundred eighty-five of the vehicle and traffic law, subdivision nineteen-a of section four hundred one of the vehicle and traffic law, or a mandatory surcharge imposed pursuant to section eighteen hundred nine of the vehicle and traffic law, the court or administrative tribunal shall be mindful of the mandatory nature of the surcharge and the important criminal justice and victim services sustained by such fee. § 4. That part of section 20 of chapter 53 of the laws of 1992 enacting the aid to localities budget, as amended by a chapter of the laws of 1992 amending the state operations budget as proposed in legislative bill number S. 9002-A, providing support to the education department for the elementary, middle and secondary education program, is amended by repealing the items hereinbelow set forth in brackets. For additional general support for public schools [including the 1992-93 state fiscal year salary cost in the amount of $1,783,459 for the state share of $43,499 in salary for each of 41 district superintendents of schools for transfer to the state education department, general fundstate purposes account; such amount shall be recovered from the component school districts within each board of cooperative educational services (BOCES) in proportion to each district's share of the sum of the products of each district's combined wealth ratio multiplied by its total aidable pupil units for operating aid, both as determined for aid payable in the 199192 school year in accordance with the provisions of section 3602 of the Education Law; and such prorated amounts shall be deducted from each district's sustaining payment to be paid on or before March 31, 19931 269,890,000 § 5. The opening paragraph of section 66 of chapter 53 of the laws of 1992, enacting the aid to localities budget, is amended to read as follows: In addition to apportionments otherwise provided by subdivision 27 of section 3602 of the education law for aid payable in the 1992-93 school year, there shall be paid to the city school district of the city of New York, eighteen million four hundred fifty-seven thousand dollars; to the Buffalo city school district, six hundred fourteen thousand dollars; to the Rochester city school district, three hundred fifty-seven thousand dollars; to the Yonkers city school district, one million ninety-seven thousand dollars; and to the Syracuse city school district, two hundred sixty-one thousand dollars provided, however, that such amounts shall be reduced by twenty percent. § 6. The private housing finance law is amended by adding a new article 24 to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [] is old law |
