N.Y. Arts and Cultural Affairs Law § 57.35: Grants for local government records management improvement

§ 57.35. Grants for local government records management improvement.

1. The commissioner of education, upon consultation with the local

government records advisory council, is authorized to award grants for

records management improvement as specified in sections 57.19, 57.25,

57.29 and 57.31 of this article to individual local governments, groups

of cooperating local governments and local governments that have custody

of court records and for records management improvement for supreme

court records in the custody of the counties of New York, Kings, Queens,

Richmond, and Bronx and in accordance with subdivision two-a of this

section, records under the jurisdiction of the department of records and

information services of the city of New York or its successor agency and

the city clerk of the city of New York, and to fire companies and

voluntary ambulance services as such terms are defined in section one

hundred of the general municipal law.

2. The commissioner of education shall promulgate rules and

regulations setting forth criteria and procedures necessary to award

grants for records management improvement from monies available for this

purpose in the New York state local government records management

improvement fund, established pursuant to section ninety-seven-i of the

state finance law.

Such criteria shall include but not be limited to:

(a) the development by the applicant of a written plan for a records

management program;

(b) the condition of the records of the applicant;

(c) the geographic location of the applicant so as to provide, to the

extent practicable, equitable geographic distribution of the grants;

(d) the particular design of the applicant's records management

program; and

(e) the applicant's arrangements for cooperative activities among

local governments for a records management program.

2-a (a) Notwithstanding the provision of paragraph (c) of subdivision

two of this section, the commissioner of education may award grants

totaling in the aggregate no more than one million dollars annually for

records management improvement to the department of records and

information services of the city of New York or its successor agency and

the city clerk of the city of New York in accordance with the provisions

of this subdivision.

(b) The department of records and information services or its

successor agency and the city clerk of the city of New York shall submit

applications to the commissioner of education at the same time as

applications pursuant to subdivision two of this section are required to

be submitted. The applications shall set forth the records management

improvement projects proposed by the department of records and

information services or its successor agency and the city clerk of the

city of New York is priority order and the amount requested for each

project. Priority assignment of each project shall be a factor taken

into consideration in addition to those outlined in subdivision two of

this section when making grant awards.

(c) Upon receipt of grant monies, the commissioner of the department

of records and information services or its successor agency and the city

clerk of the city of New York shall direct the disbursement of grant

monies to each project for which a grant has been approved.

(d) The commissioner of the department of records and information

services or its successor agency and the city clerk of the city of New

York shall, in addition to monitoring the progress of and providing

technical assistance to projects receiving awards pursuant to this

subdivision, prepare and submit progress reports on such projects. Such

reports shall be at the level of detail and frequency comparable to

reports required of other local governments receiving awards pursuant to

this section.

3. All monies received by the commissioner of education under the

provisions of the third undesignated paragraph of subdivision (a) of

section eight thousand eighteen, subparagraph b of paragraph four of

subdivision (a) of section eight thousand twenty-one and subparagraph b

of paragraph eleven of subdivision (b) of section eight thousand

twenty-one of the civil practice law and rules, and subdivision a of

section 7-604 of the administrative code of the city of New York, shall

be deposited by the commissioner of education to the credit of the New

York state local government records management improvement fund

established pursuant to section ninety-seven-i of the state finance law

by the tenth day of the month following receipt of such monies.

4. Each year the New York state local government records advisory

council shall review and make recommendations on a proposed operational

and expenditure plan for the New York state local government records

management improvement fund prior to its adoption by the commissioner of

education. The annual expenditure plan shall be subject to the approval

of the director of the division of the budget.