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SENATE BILL #S8699 SAME AS ASSEMBLY BILL #A11743

By Paul Turner,2014-08-28 12:04
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SENATE BILL #S8699 SAME AS ASSEMBLY BILL #A11743

    SENATE BILL #S8699 SAME AS ASSEMBLY BILL #A11743

    LAWS OF NEW YORK, 2008

    CHAPTER 640

     AN ACT to amend the education law and the retirement and social security law, in

    relation to professional services providers

     Became a law October 7, 2008, with the approval of the Governor.

     Passed 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. Article 41 of the education law is amended by adding a new part 3 to read

    as follows:

     PART III

     PROFESSIONAL SERVICES PROVIDERS

     Section 2050. Definition.

     2051. Charging for professional services.

     2052. Enforcement.

     2053. Reports regarding lawyers.

     2054. Non-exclusivity of rights or remedies.

     ? 2050. Definition. As used in this part, a "lawyer" shall mean an attorney or

    counselor governed by article fifteen of the judiciary law, who receives remuneration or other compensation from a school district or board of cooperative educational services in exchange for legal services provided to such district or board.

     ? 2051. Charging for professional services. 1. A lawyer shall not simultaneously be an independent contractor and an employee of a school district or board of cooperative educational services for the purpose of providing legal services to such school district or board of cooperative educational services.

     2. A lawyer who is not an employee of a school district or board of cooperative educational services, shall not seek to be or be considered, treated or otherwise reported by the school district, or board of cooperative educational

    services as an employee thereof for purposes of compensation, remuneration,

    health insurance, pension and all employment-related benefits and emoluments

    associated therewith.

     ? 2052. Enforcement. 1. Any lawyer who violates section two thousand

     fifty-one of this part, shall be liable for a civil penalty not to exceed three times the charges and fees for contracted services or salary received by the lawyer

    and paid by such school district or board of cooperative educational services for

    legal services, and in addition, may be enjoined from continuing such

violation. Civil penalties and injunctive relief provided in this section shall be

    recoverable in an action brought by the attorney general.

     2. Any person who shall knowingly:

     (a) violate subdivision two of section two thousand fifty-one of this part;

     (b) make a false statement of material fact; or

     (c) falsify or permit to be falsified any record or records of the retirement system established in this chapter

     EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law

     to be omitted.

     CHAP. 640 2

in an attempt to defraud the retirement system established in this chapter as a

    result of such act for the purpose of obtaining a credit towards pension benefits, or a benefit or payment in excess of one thousand dollars from such

    retirement system for a professional services provider to which such

    professional services provider would not be entitled, shall be guilty of a class E

    felony.

     ? 2053. Reports regarding lawyers. Every school district and board of cooperative educational services shall, on or before the forty-fifth day after the commencement of its fiscal year, file with the department, the comptroller and the attorney general a report specifying: (a) all lawyers who provide legal services

    to such district or board; (b) whether such district or board hired such lawyers

    as employees; and (c) all remuneration and compensation paid for legal services.

     ? 2054. Non-exclusivity of rights or remedies. Nothing in this part shall be construed to limit, in any matter, any rights or remedies otherwise available under law against any party or to any person or entity, including, but not

    limited to, the attorney general or the comptroller of the state of New York.

     ? 2. Subdivision 3 of section 2601-a of the education law, as amended by section

    10-c of part L of chapter 405 of the laws of 1999, is amended to read as follows:

     3. The board of education shall prepare a proposed school district budget for the

    ensuing year in accordance with the provisions of section seventeen hundred sixteen

    of this chapter, including all provisions relating to required notices and appendices to

    the statement of expenditures. No board of education shall incur a school district

    liability except as authorized by the provisions of section seventeen hundred

    eighteen of this chapter. Such proposed budget shall be presented in three

    components: a program component, a capital component and an administrative

    component which shall be separately delineated in accordance with regulations of the

    commissioner after consultation with local school district officials. The administrative

    component shall include, but need not be limited to, office and central administrative

    expenses, traveling expenses and [salaries and benefits of all certified school administrators and supervisors who spend a majority of their time performing administrative or supervisory duties] all compensation, salaries and benefits of

    all school administrators and supervisors, including business administrators,

    superintendents of schools and deputy, assistant, associate or other

    superintendents under all existing employment contracts or collective bargaining

agreements, any and all expenditures associated with the operation of the board of

    education, the office of the superintendent of schools, general administration, the

    school business office, consulting costs not directly related to direct student services

    and programs, planning and all other administrative activities. The program

    component shall include, but need not be limited to, all program expenditures of the

    school district, including the salaries and benefits of teachers and any school

    administrators or supervisors who spend a majority of their time performing teaching

    duties, and all transportation operating expenses. The capital component shall

    include, but need not be limited to, all transportation capital, debt service, and lease

    expenditures; costs resulting from judgments in tax certiorari proceedings or the

    payment of awards from court judgments, administrative orders or settled or

    compromised claims; and all facilities costs of the school district, including facilities

    lease expenditures, the annual debt service and total debt for all facilities

    financed by bonds and notes of the school district, and the costs of

     3 CHAP. 640

construction, acquisition, reconstruction, rehabilitation or improvement of school

    buildings, provided that such budget shall include a rental, operations and maintenance

    section that includes base rent costs, total rent costs, operation and maintenance

    charges, cost per square foot for each facility leased by the school district, and any and

    all expenditures associated with custodial salaries and benefits, service contracts,

    supplies, utilities, and maintenance and repairs of school facilities. For the purposes

    of the development of a budget for the nineteen hundred ninety-seven--ninety-eight

    school year, the board of education shall separate its program, capital and

    administrative costs for the nineteen hundred ninety-six--ninety-seven school year in

    the manner as if the budget for such year had been presented in three components.

    Except as provided in subdivision four of this section, nothing in this section shall

    preclude the board, in its discretion, from submitting additional items of expenditure

    to the voters for approval as separate propositions or the voters from submitting

    propositions pursuant to sections two thousand eight and two thousand thirty-five of

    this chapter.

     ? 3. The retirement and social security law is amended by adding a new section 217

    to read as follows:

     ? 217. Reporting requirements; school salary transparency and disclosure. 1.

    A school district and a board of cooperative educational services shall

    report all money earned by a retired person in their employ that is in excess of

    the earnings limitation outlined in section two hundred twelve of this article to the retirement system administered by the state or any of its political subdivisions from whom such retired person is collecting their retirement allowance.

     2. A school district or a board of cooperative educational services employing

    a retired person who is eligible to collect or is already collecting a retirement

    allowance from a retirement system administered by the state or any of its

    political subdivisions shall report on an annual basis to the retirement system paying such retirement allowance to such retired person and to the state

comptroller. This report shall consist of the re-employed retiree's name, date

    of birth, place of employment, current position and all earnings.

     ? 4. Subdivision 4 of section 1608 of the education law, as amended by section 5 of

    part A of chapter 436 of the laws of 1997, is amended to read as follows:

     4. Commencing with the proposed budget for the nineteen hundred ninety-eight--

    ninety-nine school year, such proposed budget shall be presented in three

    components: a program component, a capital component and an administrative

    component which shall be separately delineated in accordance with regulations of the

    commissioner after consultation with local school district officials. The administrative

    component shall include, but need not be limited to, office and central administrative

    expenses, traveling expenses and [salaries and benefits of all certified school

    administrators and supervisors who spend a majority of their time performing

    administrative or supervisory duties,] all compensation, salaries and benefits

    of all school administrators and supervisors, including business administrators,

    superintendents of schools and deputy, assistant, associate or other

    superintendents under all existing employment contracts or collective bargaining

    agreements any and all expenditures associated with the operation of the office of trustee or board of trustees, the office of the superintendent of schools, general

    administration, the school business office, consulting costs not directly related to

    direct student services and programs, planning and all

     CHAP. 640 4

other administrative activities. The program component shall include, but need not

    be limited to, all program expenditures of the school district, including the salaries and

    benefits of teachers and any school administrators or supervisors who spend a

    majority of their time performing teaching duties, and all transportation operating

    expenses. The capital component shall include, but need not be limited to, all

    transportation capital, debt service, and lease expenditures; costs resulting from

    judgments in tax certiorari proceedings or the payment of awards from court judgments,

    administrative orders or settled or compromised claims; and all facilities costs of the

    school district, including facilities lease expenditures, the annual debt service and total

    debt for all facilities financed by bonds and notes of the school district, and the costs

    of construction, acquisition, reconstruction, rehabilitation or improvement of school

    buildings, provided that such budget shall include a rental, operations and

    maintenance section that includes base rent costs, total rent costs, operation and

    maintenance charges, cost per square foot for e