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$ 14. 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 as 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 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 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

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 the applicable time specified in this paragraph a school district other than the school district which the child resides is responsible for the cost of instruction of the child or for reimbursement of the state for its penditure 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

shall deduct from any state funds which become due to a school district

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

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.
S 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:

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 appor-
tionment reduction shall be a proportionate amount for each sup-
plemental support service awarded pursuant to paragraph seven of
subdivision nineteen of this section and subdivisions twenty-
three[] and twenty-five, thirty-two and thirty-three) of this

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
tion thirty-six hundred two-b of this article may submit plans
to the commissioner for the purpose of receiving a grant to

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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 pur-
pose

of studying collaborative service delivery system for
school aged at-risk youth and their families. [The following are
among
the

for which such efficiency grant may be
awarded: collaboration with human services agencies, such as
county department of social services; consolidation of services
in such areas as health, youth or other human services; trans-
portation; facilities, bidding and purchasing, equipment, in-
surance, maintenance and communications. ]

(3) Plans shall be in the form prescribed by the commissioner and approved by him in accordance with regulations adopted for 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 al-
located 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 ap-
portionment pursuant to paragraph c of this subdivision shall be
thirty and the percent increase in the apport ionment 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 cor 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 points each year in lieu of one percentage point. School districts which receive

apportionment under
this paragraph shall not be eligible for an apport ionment under

paragraph c, d, e or f of this subdivision.
§ 18. The opening paragraph of subparagraph 1 of paragraph 1 of sub-
division 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 a 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.

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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, 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, in 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 Became 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:
General Fund

46,356,000
Special Revenue Funds - Federal

20, 224,700 Special Revenue Funds - Other

(16,007,000] 17,007,000 All Funds

[82,587,700] 83,587,000

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Notwithstanding any other

other provision of law, funding for
the special narcotics prosecutor in the city of New York
shall be available only pursuant to a contract requiring
as a condition of reimbursement that such special nar-
cotics prosecutor shall provide the commissioner of the
division of criminal justice services with quarterly
reports which accurately and comprehensively describe
the activities of the special narcotics prosecutor in

and for the city of New York.
The comptroller is hereby authorized and directed to de-
posit to the credit of the criminal justice improvement
account, notwithstanding any other law to the contrary,
moneys received by the state pursuant to subdivision 8-a
of section 837 of article 35 of the executive law and
amendments thereto, fees described in such subdivision
not to exceed $25 and an additional surcharge of $25,
sections 1809 and 1809-a of the vehicle and traffic law,
section 60.35 of the penal law, and section 97-bb of the
state finance law, fees established pursuant to division
regulations, subject to the approval of the director of
the budget, for publications and legal services, and
other fees and moneys collected by the division of crim-
inal justice services, and the crime victims board.
The division of criminal justice services is authorized to
lease vehicles

approved by the director of the
budget, for multi-agency criminal investigations.
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

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The comptroller is hereby authorized and directed to loan

money to the criminal justice improvement account in ac-
cordance with the provisions set forth in section 1 of
this act.

SCHEDULE

FUNDING AND PROGRAM ASSISTANCE PROGRAM

[82,587,700]

83,587,700

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Special Revenue Funds - Other
Miscellaneous Special Revenue Fund - 339

Criminal Justice Improvement Account
For services and expenses of the crimes

against revenue program pursuant to a pro-
gram proposal and expenditure plan ap-
proved by the director of the budget. The
division is hereby required to submit to
the director of the division of the budget
quarterly reports not later than August
1992 and February 1, 1993 which shall

in-
clude but not be limited to information on
judgements, amounts deposited to the cred-
it of state and local budgets and out-
standing balances

250,000 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 For services and

expenses

of Prisoners' Legal Services of New York. Notwithstanding any other provision of law, of the amount herein appropriated, a sum not to exceed $500,000, or so much thereof as may be necessary,

shall be transferred by the division

the crime victims board for payment of claims made in cases where the crime victims board made

emergency
award prior to the effective date of chap-
ter 55 of the laws of 1992, and in such
cases the changes made to the maximum
award amount by sections 295 through 298
of such chapter shall not apply, provided,
however, that the payment of amounts in
excess of the limitations imposed pursuant
to provisions of sections 295 through 298
of chapter 55 of the laws of 1992 shall
not exceed $500,000. In no event shall
Prisoners' Legal Services of New York
receive more than $500,000 from this ap-

propriation
For transfer to the general fund 7,185,400

Program account subtotal (15,457,000)

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16,457,000

Total for agency aid to localities

all funds

[82,587,700]

83,587,000

§ 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 ind igence of the offender the payment of said surcharge or crime victim assistance fee would work an unreason able 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

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one of the vehicle and traffic law, or 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.

$945Subdivisions 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

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 mandatorý nature of the surcharge and the important criminal justice and victim services sustained by such fee.

ડું 4. That part of section 20 of chapter 53 of the laws of 1992 enact-
ing 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 fis-
cal year salary cost in the amount of
$1,783,459 for the state share of $43,499
in salary for each of 41 district superin-
tendents of schools for transfer to the
state education department, general fund-
state 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
the products of each district's combined
wealth ratio multiplied by its total aid-
able pupil units for operating aid, both
as determined for aid payable in the 1991-
92 school year

in accordance with the
provisions of section 3602 of the Educa-
tion Law; and such prorated amounts shall
be deducted from each district's sustain-
ing payment to be paid on or before March
31, 1993] .....

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 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

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: EXPLANATIONMatter in italics is new; matter in brackets [ ] is old law

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