Amd S12, NYS Print L; amd S258-b, Ag & Mkts L; add S54-0102, En Con L; rpld & add Art 25 SS855 - 856, Lab L;
amd S33.03, Ment Hyg L; rpld S2, Chap 57 of 1988; amd S17, Soc Serv L; amd S228, Work Comp L; rpld S3, Chap
762 of 1984; rpld S357, Chap 166 of 1991; rpld S11, Chap 494 of 1992
Consolidates and reduces the frequency of reporting requirements by various departments, agencies and public authorities; also provides for copies of public documents to be sent to the legislative library; eliminates certain required reports by departments.
STATE OF NEW YORK
________________________________________________________________________
5850
2011-2012 Regular Sessions
IN ASSEMBLY
March 2, 2011
___________
Introduced by M. of A. KAVANAGH, P. RIVERA, STEVENSON -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the New York state printing and public documents law,
the agriculture and markets law, the environmental conservation law,
the labor law, the mental hygiene law, the social services law, and
the workers' compensation law, in relation to consolidating and reduc-
ing the frequency of reporting requirements and forwarding copies
thereof to the legislative library; and repealing certain provisions
of the labor law, section 2 of chapter 57 of the laws of 1988 amending
the mental hygiene law relating to requiring minimum standards for
active programming of patients at psychiatric centers and reporting on
their development and implementation, section 3 of chapter 762 of the
laws of 1984 amending the education law relating to requiring certain
reports by the state university of New York and the city university of
New York, certain provisions of chapter 166 of the laws of 1991 amend-
ing the tax law and other laws relating to deduction or credit by a
shareholder under the article 22 income tax for tax imposed under
article 9-A of the tax law, and certain provisions of the state
university of New York and the city university of New York retirement
incentive act of 1992, relating to the submission and content of
reports and to previously executed provisions of law now obsolete
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 1 of
2 section 12 of the New York state printing and public documents law, as
3 amended by chapter 524 of the laws of 2005, is amended to read as
4 follows:
5 (i) to forward thirty copies, upon completion, of each public document
6 issued to the gifts and exchange division of the state library and three
7 copies of every public document to the legislative library; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06948-01-1
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1 § 2. Paragraph (b) of subdivision 11 of section 258-b of the agricul-
2 ture and markets law, as added by chapter 540 of the laws of 1987 and
3 subparagraph 3 as amended by chapter 326 of the laws of 1988, is amended
4 to read as follows:
5 (b) Payments to farmers. (1) It is hereby determined and declared that
6 the assurance of prompt and full payment to dairy farmers is for the
7 benefit of all the people of the state, and is so directly related to
8 the public interest, the public health and general welfare that it is an
9 essential government function.
10 (2) [The commissioner shall annually no later than November first,
11 assess the status of the milk producer security fund, the anticipated
12 payments from and receipts to the fund for the following fiscal year
13 and, in connection with such assessment, estimate the additional
14 amounts, if any, which may be needed by the fund to meet the fund's
15 objectives in assuring prompt and full payment to dairy farmers. The
16 commissioner shall transmit this information in a report to the governor
17 for his use in the preparation of the budget, and to the speaker of the
18 assembly and the president pro tempore of the senate for use in the
19 consideration of the budget for such fiscal year.
20 (3)] In the event an appropriation is made for the purposes of this
21 paragraph and, thereafter, upon certification by the commissioner, with
22 approval of the director of the budget, that a further sum is required
23 by the milk producers security fund to meet its obligations and accom-
24 plish the purposes of this section, the comptroller shall, within the
25 limits of such appropriation, draw a warrant for the payment to the milk
26 producers security fund of an amount up to the amount of such sum. Such
27 amount shall be a liability of the milk producers security fund and
28 shall be repaid to the general fund pursuant to a plan of repayment.
29 Prior to the institution of such a plan, a copy thereof shall be
30 forwarded to the [chairman] chairperson of the senate finance committee
31 and the [chairman] chairperson of the assembly ways and means committee,
32 for use in the consideration of the budget for such fiscal year.
33 [(4)] (3) Whenever the comptroller draws a warrant for payment to the
34 milk producers security fund as provided in subparagraph [three hereof]
35 two of this paragraph, the commissioner shall implement the plan of
36 repayment by promulgating through regulation after hearing an increase
37 in the amount of assessment imposed under subdivision three of this
38 section to an amount not exceeding two-tenths of one percent of the
39 average uniform price for the previous year.
40 § 3. The environmental conservation law is amended by adding a new
41 section 54-0102 to read as follows:
42 § 54-0102. Reporting requirements.
43 1. The commissioner shall issue an annual report accounting for all
44 requests for and expenditures of money that are made available from the
45 environmental protection fund established in section ninety-two-s of the
46 state finance law. The report shall be submitted on January thirtieth of
47 each year to the governor, the state comptroller, and the chairs of the
48 assembly ways and means committee and the senate finance committee.
49 2. The report shall list all requests for funding, identifying the
50 governing body, as defined by subdivision six of section 54-0101 of this
51 title, the amount requested, and a description of the proposed project.
52 3. The report shall include for all projects approved pursuant to this
53 article and section ninety-two-s of the state finance law the following:
54 a. the name of the agency, authority, department or council adminis-
55 tering funds;
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1 b. the identity of the recipient of the state assistance payment, as
2 defined by subdivision eleven of section 54-0101 of this title, includ-
3 ing an address and telephone number;
4 c. a description of the approved project;
5 d. the account from which the money is appropriated, pursuant to
6 section ninety-two-s of the state finance law;
7 e. the date the project was approved by the agency, authority, depart-
8 ment or council;
9 f. the date the funds were approved by the division of the budget;
10 g. the amount requested;
11 h. the total state assistance payment allocated;
12 i. the amount obligated;
13 j. the amount disbursed; and
14 k. the amount available.
15 § 4. Article 25 of the labor law is REPEALED and a new article 25 is
16 added to read as follows:
17 ARTICLE 25
18 YOUTH EDUCATION, EMPLOYMENT AND TRAINING
19 Section 855. Youth education, employment and training program.
20 856. Evaluation report.
21 § 855. Youth education, employment and training program. Within such
22 amounts as may be appropriated by law, and provided that such program is
23 actually established in the education, labor and family assistance budg-
24 et, the department shall implement any program entitled in such budget
25 as the "Youth Education, Employment and Training Program".
26 § 856. Evaluation report. The department shall prepare and submit to
27 the governor, the temporary president of the senate, the speaker of the
28 assembly and the chair of the legislative commission on skills develop-
29 ment and vocational education, an annual evaluation report of its youth
30 education, employment and training program, if such program has been
31 established in the education, labor and family assistance budget, no
32 later than December first following the end of the program year. The
33 report shall include a statement of program objectives which identifies
34 outcomes and indicators of the effectiveness of the program. It shall
35 represent the extent to which program activities meet program objectives
36 including, but not limited to, improvements in participants' educational
37 competencies and employability skills as measured by accepted testing
38 tools. The basic measures of performance for projects for in-school
39 youth shall be: high school retention, attainment of a high school
40 diploma, enrollment in a post-secondary educational program or voca-
41 tional skills training program, or attainment of unsubsidized employ-
42 ment. The basic measures of performance for projects for out-of-school
43 youth shall be: improvement in basic academic and vocational skills,
44 return to high school, attainment of a high school equivalency diploma,
45 enrollment in a post-secondary educational program or vocational skills
46 training program, or attainment of unsubsidized employment. The report
47 shall include a separate count of participants who have participated in
48 the same program model through more than one program cycle. A methodol-
49 ogy shall be prescribed which requires collection of post-program infor-
50 mation on program participants including, but not limited to, whether a
51 participant receives a high school degree or its equivalent and subse-
52 quent labor market experience for one year following termination from
53 the program, and the extent to which the participant achieved outcomes
54 as defined by the certified program model. The report shall also
55 describe the types of support services provided, levels of expenditure,
A. 5850 4
1 and demonstrate how such support services improve participant involve-
2 ment in local projects.
3 § 5. Subdivision (d) of section 33.03 of the mental hygiene law is
4 amended by adding a new paragraph 3 to read as follows:
5 3. No later than October fifteenth, two thousand twelve, and no later
6 than the fifteenth day of each third month thereafter, the commissioner
7 of the office of mental health shall report to the legislature on the
8 development and implementation of the requirements of this subdivision.
9 § 6. Section 2 of chapter 57 of the laws of 1988 amending the mental
10 hygiene law relating to requiring minimum standards for active program-
11 ming of patients at psychiatric centers and reporting on their develop-
12 ment and implementation is REPEALED.
13 § 7. The opening paragraph of subdivision (d) of section 17 of the
14 social services law is designated paragraph (i) and a new paragraph (ii)
15 is added to read as follows:
16 (ii) the commissioner of the office of temporary and disability
17 assistance shall submit a performance report to the governor with copies
18 filed with the temporary president of the senate, the speaker of the
19 assembly, and the chairpersons of the senate finance and assembly ways
20 and means committees, no later than December thirty-first of each year,
21 on all residential and non-residential programs providing services to
22 the state's homeless population. The report shall be updated annually
23 and shall include, but not be limited to, the following information:
24 A. (1) an indication of the state agency responsible for providing,
25 administering or supervising the provision of services; (2) a
26 description of the program which includes the statutory basis or author-
27 ization for the program; (3) the amount of state, federal and local
28 funds appropriated, committed and expended; and (4) program accomplish-
29 ments including units of service provided and number of individuals
30 served.
31 B. Annual updates should include a summary of the changes that have
32 taken place since the prior annual submission.
33 § 8. Subdivision 1 of section 228 of the workers' compensation law, as
34 amended by chapter 552 of the laws of 1963, is amended to read as
35 follows:
36 1. The [chairman] chairperson and department of audit and control, as
37 soon as practicable after April first, [nineteen hundred fifty] two
38 thousand twelve, and annually as soon as practicable after April first
39 in each year thereafter, shall ascertain and submit to the temporary
40 president of the senate, the speaker of the assembly, the chairpersons
41 of the senate finance committee and the assembly ways and means commit-
42 tee, and the chairpersons of the senate and assembly labor committees a
43 detailed report on all receipts and disbursements made for all funds and
44 special funds administered by the board. Such report shall include the
45 total amount of claims received, the total amount of expenses, including
46 in addition to the direct costs of personal service, the cost of mainte-
47 nance and operation, the cost of retirement contributions made and
48 [workmen's] workers' compensation premiums paid by the state for or on
49 account of personnel, rentals for space occupied in state owned or state
50 leased buildings, such additional sum as may be certified to the [chair-
51 man] chairperson and the department of audit and control as a reasonable
52 compensation for services rendered by the department of law and expenses
53 incurred by such department, and all other direct or indirect costs,
54 incurred by the [chairman] chairperson or the board during the preceding
55 fiscal year in connection with the administration of this article. The
56 services and expenses of the members, employees and officers of the
A. 5850 5
1 board related to this article shall be apportioned and included in the
2 amount to be assessed. If any officers or employees of the state perform
3 duties directly which in part are related to the administration of this
4 article and in part not related thereto and if there are other expenses
5 which are incurred jointly in connection with the administration of this
6 article and in activities not so connected, an equitable apportionment
7 shall be made and only such parts thereof as apply to the administration
8 of this article shall be chargeable to the administrative expenses as
9 provided in this section.
10 § 9. Section 3 of chapter 762 of the laws of 1984 amending the educa-
11 tion law relating to requiring certain reports by the state university
12 of New York and the city university of New York is REPEALED.
13 § 10. Section 357 of chapter 166 of the laws of 1991 amending the tax
14 law and other laws relating to deduction or credit by a shareholder
15 under the article 22 income tax for tax imposed under article 9-A of the
16 tax law is REPEALED.
17 § 11. Section 11 of chapter 494 of the laws of 1992 constituting the
18 state university of New York and the city university of New York retire-
19 ment incentive act of 1992 is REPEALED.
20 § 12. This act shall take effect immediately, provided, however,
21 section 54-0102 of the environmental conservation law, as added by
22 section three of this act, shall take effect on the first of January
23 next succeeding the date on which this act shall have become a law.
