S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7280

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 27, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, the executive law, the general munic-
  ipal  law, the  labor law, the penal law and the retirement and social
  security law, in relation to  enacting  the  "New  York  state  school
  taxpayers' protection act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "New York state school taxpayers' protection act".
  S  2.  Legislative findings and intent. Public school districts in New
York state have recently experienced  numerous  instances  of  financial
scandals.  These scandals have been unprecedented in both the number and
diversity of financial malfeasance. Furthermore, such scandals result in
the diversion of hard-earned property taxpayers' money from their proper
use in school instruction to improper and illegal purposes that  do  not
further  the  school  districts' essential mission of educating New York
children.   Therefore, the legislature finds that  it  is  necessary  to
establish  a  new, independent state agency charged with the function of
investigating allegations of corruption, financial improprieties, uneth-
ical conduct, misconduct or other criminal conduct within public  school
districts outside of New York city. In addition, the legislature further
finds  that  the  current  laws  must  be  amended to incorporate school
district financial safeguards and establish sanctions for violations  of
school district finance laws.
  S  3.  The  education law is amended by adding a new section 2116-d to
read as follows:
  S 2116-D. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF  SUSPECTED
CORRUPTION,  OTHER  CRIMINAL  ACTIVITY OR CONFLICT OF INTEREST OCCURRING
WITHIN THE OPERATIONS OF A SCHOOL DISTRICT. 1. THE FOLLOWING PERSONS AND
OFFICIALS ARE REQUIRED TO REPORT OR CAUSE A REPORT TO BE MADE IN ACCORD-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10119-01-9
              

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ANCE WITH THIS SECTION WHEN THEY DISCOVER INFORMATION CONCERNING CONDUCT
WHICH IS KNOWN OR SHOULD REASONABLY BE KNOWN TO  INVOLVE  CORRUPTION  OR
OTHER  CRIMINAL  ACTIVITY  OR  CONFLICT  OF  INTEREST BY EITHER A PUBLIC
SCHOOL  DISTRICT  EMPLOYEE  THAT  RELATES  TO  THEIR  EMPLOYMENT OR BY A
PERSON, PERSONS OR ENTITIES DOING BUSINESS WITH A PUBLIC SCHOOL DISTRICT
WITH RESPECT TO THEIR TRANSACTIONS WITH THE SCHOOL DISTRICT, ANY  SCHOOL
DISTRICT OFFICER, AND ANY SCHOOL DISTRICT EMPLOYEE.
  2.  ANY  PERSON  OR  OFFICIAL  MANDATED  TO  REPORT CASES OF SUSPECTED
CORRUPTION, OTHER CRIMINAL ACTIVITY OR CONFLICT OF INTEREST PURSUANT  TO
SUBDIVISION ONE OF THIS SECTION SHALL IMMEDIATELY REPORT THE INFORMATION
THEY  HAVE  TO  THE  NEW  YORK STATE INSPECTOR GENERAL FOR EDUCATION, AS
ESTABLISHED IN ARTICLE FOUR-B OF THE EXECUTIVE LAW.
  3. ANY SCHOOL  DISTRICT  WHICH  EMPLOYS  PERSONS  MANDATED  TO  REPORT
SUSPECTED  INCIDENTS  OF CORRUPTION, OTHER CRIMINAL ACTIVITY OR CONFLICT
OF INTEREST PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  SHALL  PROVIDE
SUCH  CURRENT  AND NEW EMPLOYEES WITH WRITTEN INFORMATION EXPLAINING THE
REPORTING REQUIREMENTS SET OUT IN SUBDIVISION ONE OF THIS SECTION.
  4. ANY PERSON OR OFFICIAL REQUIRED BY THIS SECTION TO  REPORT  CERTAIN
INFORMATION  AS  SPECIFIED  IN THIS SECTION WHO WILLFULLY FAILS TO DO SO
SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  5. ANY PERSON OR OFFICIAL REQUIRED BY THIS SECTION TO  REPORT  CERTAIN
INFORMATION  AS  SPECIFIED  IN  THIS SECTION WHO KNOWINGLY AND WILLFULLY
FAILS TO DO SO SHALL BE  CIVILLY  LIABLE  FOR  THE  DAMAGES  PROXIMATELY
CAUSED BY SUCH FAILURE.
  6. ANY PERSON OR OFFICIAL PARTICIPATING IN GOOD FAITH IN THE MAKING OF
A  REPORT  UNDER  THIS  SECTION  SHALL HAVE IMMUNITY FROM ANY LIABILITY,
CIVIL OR CRIMINAL,  THAT  MIGHT  OTHERWISE  RESULT  BY  REASON  OF  SUCH
ACTIONS.  FOR THE PURPOSE OF ANY PROCEEDING, CIVIL OR CRIMINAL, THE GOOD
FAITH OF ANY SUCH PERSON OR  OFFICIAL  REQUIRED  TO  REPORT  UNDER  THIS
SECTION  SHALL  BE PRESUMED, PROVIDED SUCH PERSON OR OFFICIAL WAS ACTING
IN DISCHARGE OF THEIR DUTIES AND WITHIN THE SCOPE OF  THEIR  EMPLOYMENT,
AND  THAT  SUCH  LIABILITY DID NOT RESULT FROM THE WILLFUL MISCONDUCT OR
GROSS NEGLIGENCE OF SUCH PERSON OR OFFICIAL.
  S 4. Subdivision 6 of section 2122 of the education law is amended  to
read as follows:
  6.  Such treasurer shall[, whenever required by such trustees,] report
to [them] SUCH TRUSTEES a detailed  [statement]  ANNUAL  REPORT  of  the
moneys received by him and of his disbursements, and at the annual meet-
ing  of  such  district  he  shall  render  a full account of all moneys
received by him and  from  what  source,  and  when  received,  and  all
disbursements  made  by  him and to whom and the dates of such disburse-
ments respectively, and the balance of moneys remaining  in  his  hands.
THE TREASURER SHALL CERTIFY IN SUCH ANNUAL REPORT THAT HE HAS:  REVIEWED
THE  ANNUAL  REPORT; THAT BASED ON THE TREASURER'S KNOWLEDGE, THE REPORT
DOES NOT CONTAIN ANY UNTRUE STATEMENT OF A  MATERIAL  FACT  OR  OMIT  TO
STATE A MATERIAL FACT NECESSARY IN ORDER TO MAKE THE STATEMENTS MADE, IN
LIGHT  OF  THE  CIRCUMSTANCES UNDER WHICH SUCH STATEMENTS WERE MADE, NOT
MISLEADING; AND BASED  ON  SUCH  TREASURER'S  KNOWLEDGE,  THE  FINANCIAL
STATEMENTS,  AND  OTHER  FINANCIAL  INFORMATION  INCLUDED IN THE REPORT,
FAIRLY PRESENT IN ALL MATERIAL  RESPECTS  THE  FINANCIAL  CONDITION  AND
RESULTS OF OPERATIONS OF THE SCHOOL DISTRICT AS OF, AND FOR, THE PERIODS
PRESENTED IN THE REPORT.
  S  5.  Section  1720  of  the education law is amended by adding a new
subdivision 3 to read as follows:
  3. THE TREASURER OF THE DISTRICT SHALL ISSUE AN ANNUAL REPORT  WITH  A
FULL  AND  DETAILED  ACCOUNT OF ALL MONEYS RECEIVED BY THE BOARD OR SUCH

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TREASURER, FOR ITS ACCOUNT AND USE,  AND  OF  ALL  THE  MONEYS  EXPENDED
THEREFORE,  GIVING THE ITEMS OF EXPENDITURE IN FULL. THE TREASURER SHALL
CERTIFY IN SUCH ANNUAL REPORT THAT HE HAS: REVIEWED THE  ANNUAL  REPORT;
THAT BASED ON THE TREASURER'S KNOWLEDGE, THE REPORT DOES NOT CONTAIN ANY
UNTRUE  STATEMENT  OF  A  MATERIAL FACT OR OMIT TO STATE A MATERIAL FACT
NECESSARY IN ORDER TO MAKE THE STATEMENTS MADE, IN LIGHT OF THE  CIRCUM-
STANCES UNDER WHICH SUCH STATEMENTS WERE MADE, NOT MISLEADING; AND BASED
ON  SUCH  TREASURER'S  KNOWLEDGE,  THE  FINANCIAL  STATEMENTS, AND OTHER
FINANCIAL INFORMATION INCLUDED IN THE  REPORT,  FAIRLY  PRESENT  IN  ALL
MATERIAL  RESPECTS  THE FINANCIAL CONDITION AND RESULTS OF OPERATIONS OF
THE SCHOOL DISTRICT AS OF, AND FOR, THE PERIODS PRESENTED IN THE REPORT.
  S 6. Section 2215 of the education law is  amended  by  adding  a  new
subdivision 17 to read as follows:
  17.  TO CERTIFY IN THE ANNUAL REPORT ISSUED PURSUANT TO EITHER SECTION
SEVENTEEN HUNDRED TWENTY OF THIS CHAPTER OR SECTION  TWENTY-ONE  HUNDRED
TWENTY-TWO OF THIS CHAPTER THAT HE HAS: REVIEWED THE ANNUAL REPORT; THAT
BASED ON THE SUPERINTENDENT'S KNOWLEDGE, THE REPORT DOES NOT CONTAIN ANY
UNTRUE  STATEMENT  OF  A  MATERIAL FACT OR OMIT TO STATE A MATERIAL FACT
NECESSARY IN ORDER TO MAKE THE STATEMENTS MADE, IN LIGHT OF THE  CIRCUM-
STANCES UNDER WHICH SUCH STATEMENTS WERE MADE, NOT MISLEADING; AND BASED
ON  SUCH SUPERINTENDENT'S KNOWLEDGE, THE FINANCIAL STATEMENTS, AND OTHER
FINANCIAL INFORMATION INCLUDED IN THE  REPORT,  FAIRLY  PRESENT  IN  ALL
MATERIAL  RESPECTS  THE FINANCIAL CONDITION AND RESULTS OF OPERATIONS OF
THE SCHOOL DISTRICT AS OF, AND FOR, THE PERIODS PRESENTED IN THE REPORT.
  S 7. The education law is amended by adding a new  section  2116-e  to
read as follows:
  S  2116-E.  COMPENSATION  COMMITTEES. 1. EVERY SCHOOL DISTRICT, EXCEPT
THOSE EMPLOYING FEWER THAN EIGHT TEACHERS, SHALL ESTABLISH BY  A  RESOL-
UTION  OF  THE  TRUSTEES  OR  BOARD OF EDUCATION A LOCAL SCHOOL DISTRICT
COMPENSATION COMMITTEE TO OVERSEE AND REPORT TO THE TRUSTEES OR BOARD ON
THE PROPOSED CONTRACTS OF ALL SCHOOL DISTRICT BARGAINING UNITS, ADMINIS-
TRATORS AND SUPERINTENDENTS.
  2. THE COMPENSATION COMMITTEE SHALL BE ESTABLISHED NO LATER THAN JANU-
ARY FIRST, TWO THOUSAND TEN AS A COMMITTEE OF THE TRUSTEES OR BOARD,  AS
AN ADVISORY COMMITTEE, OR AS A COMMITTEE OF THE WHOLE.
  3. THE COMPENSATION COMMITTEE SHALL CONSIST OF AT LEAST THREE MEMBERS,
AT LEAST TWO OF WHOM SHALL NOT BE A TRUSTEE OR BOARD MEMBER. THE COMPEN-
SATION COMMITTEE MEMBERS SHALL SERVE WITHOUT COMPENSATION.  EMPLOYEES OF
THE  SCHOOL  DISTRICT  ARE  PROHIBITED  FROM SERVING ON THE COMPENSATION
COMMITTEE. A MEMBER OF A COMPENSATION COMMITTEE SHALL BE DEEMED A SCHOOL
DISTRICT OFFICER FOR THE PURPOSES OF SECTIONS THIRTY-EIGHT HUNDRED ELEV-
EN THROUGH THIRTY-EIGHT HUNDRED THIRTEEN OF THIS CHAPTER, BUT SHALL  NOT
BE REQUIRED TO BE A RESIDENT OF THE SCHOOL DISTRICT.
  4.  THE  ROLE  OF  A  COMPENSATION COMMITTEE SHALL BE ADVISORY AND ANY
RECOMMENDATIONS IT PROVIDES TO THE TRUSTEES OR BOARD  UNDER  SUBDIVISION
FIVE  OF  THIS  SECTION SHALL NOT SUBSTITUTE FOR ANY REQUIRED REVIEW AND
ACTION BY THE TRUSTEES OR BOARD OF EDUCATION.
  5. IT SHALL BE THE RESPONSIBILITY OF THE COMPENSATION COMMITTEE TO:
  (A) REVIEW EVERY CONTRACT BETWEEN  THE  DISTRICT  AND  ANY  BARGAINING
UNITS,  EMPLOYEES,  ADMINISTRATORS  AND SUPERINTENDENTS NEGOTIATED AFTER
JANUARY FIRST, TWO THOUSAND TEN;
  (B) RECEIVE AND REVIEW PROPOSED CONTRACTS BETWEEN THE DISTRICT AND ANY
BARGAINING UNITS, EMPLOYEES, ADMINISTRATORS AND SUPERINTENDENTS PRIOR TO
SUCH CONTRACTS' APPROVAL; AND
  (C) PROVIDE RECOMMENDATIONS TO THE TRUSTEES  OR  BOARD  REGARDING  THE
SALARY,  FRINGE  BENEFITS  AND  OTHER  FORMS  OF  COMPENSATION GIVEN AND

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PROPOSED TO BE GIVEN TO ALL SCHOOL  DISTRICT  EMPLOYEES,  ADMINISTRATORS
AND SUPERINTENDENTS.
  6.  NOTWITHSTANDING ANY PROVISION OF ARTICLE SEVEN OF THE PUBLIC OFFI-
CERS LAW OR ANY OTHER LAW TO THE CONTRARY,  A  SCHOOL  DISTRICT  COMPEN-
SATION  COMMITTEE  MAY  CONDUCT AN EXECUTIVE SESSION PURSUANT TO SECTION
ONE HUNDRED FIVE OF THE PUBLIC OFFICERS LAW PERTAINING TO ANY MATTER SET
FORTH IN PARAGRAPHS (A) AND (B) OF SUBDIVISION FIVE OF THIS SECTION.
  7. THE COMMISSIONER  IS  AUTHORIZED  TO  PROMULGATE  REGULATIONS  WITH
RESPECT  TO  COMPENSATION  COMMITTEES  AS  ARE  NECESSARY FOR THE PROPER
PERFORMANCE OF THEIR DUTIES.
  8.  AS LONG AS THE CHANCELLOR OF A SCHOOL DISTRICT IN A CITY HAVING  A
POPULATION  OF ONE MILLION OR MORE INHABITANTS SHALL ANNUALLY CERTIFY TO
THE COMMISSIONER THAT SUCH DISTRICT  HAS  A  PROCESS  FOR  REVIEW  BY  A
COMPENSATION  COMMITTEE  OF THE DISTRICT'S CONTRACTS WITH ANY BARGAINING
UNITS, EMPLOYEES, ADMINISTRATORS AND SUPERINTENDENTS, THE PROVISIONS  OF
THIS SECTION SHALL NOT APPLY TO SUCH SCHOOL DISTRICT.
  S  8.  The  education law is amended by adding a new section 2009-a to
read as follows:
  S 2009-A. ADDITIONAL REQUIREMENTS OF NOTICE PRIOR TO AUTHORIZATION  OF
SCHOOL  DISTRICT  EMPLOYMENT  CONTRACTS. WHERE ANY COLLECTIVE BARGAINING
AGREEMENT, EMPLOYMENT  CONTRACT  OR  AMENDMENTS  TO  SUCH  AGREEMENT  OR
CONTRACT IS TO BE SUBMITTED TO A DISTRICT MEETING FOR A VOTE, THE SCHOOL
DISTRICT  BOARD OR TRUSTEES SHALL GIVE NOTICE, AT LEAST FIVE WEEKS PRIOR
TO SUCH MEETING, THROUGH A DISTRICT-WIDE MAILING OF THE AVAILABILITY  OF
THE  AGREEMENT,  CONTRACT  OR  AMENDMENT  AT PUBLIC LIBRARIES WITHIN THE
DISTRICT, AT THE SCHOOL DISTRICT OFFICES AND ON  THE  SCHOOL  DISTRICT'S
INTERNET WEBSITE, IF ONE EXISTS.
  S 9. Subdivision 4 of section 1608 of the education law, as amended by
chapter 640 of the laws of 2008, is amended to read as follows:
  4.  Commencing with the proposed budget for the nineteen hundred nine-
ty-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 all compensation, salaries and benefits
of all school administrators and supervisors, including business  admin-
istrators,  superintendents  of schools and deputy, assistant, associate
or other superintendents under  all  existing  employment  contracts  or
collective bargaining agreements, AND TEACHERS UNDER EXISTING EMPLOYMENT
CONTRACTS, 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, consult-
ing  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

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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 each facility leased by the school
district, and any and all expenditures associated with  custodial  sala-
ries  and  benefits, service contracts, supplies, utilities, and mainte-
nance and repairs of school facilities. For the purposes of the develop-
ment of a budget  for  the  nineteen  hundred  ninety-eight--ninety-nine
school  year,  the  trustee  or  board  of  trustees  shall separate the
district's program, capital and administrative costs  for  the  nineteen
hundred  ninety-seven--ninety-eight  school year in the manner as if the
budget for such year had been presented in three components.
  S 10. Subdivision 4 of section 1716 of the education law,  as  amended
by chapter 640 of the laws of 2008, is amended to read as follows:
  4.  Commencing with the proposed budget for the nineteen hundred nine-
ty-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 all compensation, salaries and benefits
of all school administrators and supervisors, including business  admin-
istrators,  superintendents  of schools and deputy, assistant, associate
or other superintendents under  all  existing  employment  contracts  or
collective bargaining agreements, AND TEACHERS UNDER EXISTING EMPLOYMENT
CONTRACTS, 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 direct-
ly  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 compro-
mised 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,  rehabili-
tation  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-eight--ninety-nine school year,
the board of education shall separate the  district's  program,  capital
and  administrative costs for the nineteen hundred ninety-seven--ninety-

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eight school year in the manner as if the budget for such year had  been
presented in three components.
  S  11.  Subdivision 2 of section 1608 of the education law, as amended
by chapter 640 of the laws of 2008, is amended to read as follows:
  2. Such statement shall be completed at least seven  days  before  the
budget  hearing  at which it is to be presented and copies thereof shall
be prepared and  made  available[,  upon  request  and]  at  the  school
district  offices,  at  any  public  library or free association library
within the district and on the school district's  internet  website,  if
one exists, to residents within the district during the period of [four-
teen]  THIRTY days immediately preceding the annual meeting and election
or special district meeting at which the budget vote will occur  and  at
such  meeting  or  hearing. The board shall also as a part of the notice
required by section two thousand three of this chapter  give  notice  of
the  date,  time and place of the budget hearing and that a copy of such
statement may be obtained by  any  resident  in  the  district  at  each
schoolhouse in the district in which school is maintained during certain
designated  hours  on  each day other than a Saturday, Sunday or holiday
during the [fourteen] THIRTY days immediately  preceding  such  meeting.
The  board shall include notice of the availability of such statement at
least once during the school year in any district-wide mailing  distrib-
uted.
  S  12.  Subdivision 2 of section 1716 of the education law, as amended
by chapter 640 of the laws of 2008, is amended to read as follows:
  2. Such statement shall be completed at least seven  days  before  the
budget  hearing  at which it is to be presented and copies thereof shall
be prepared and  made  available[,  upon  request  and]  at  the  school
district  offices,  at  any  public  library or free association library
within the district and on the school district's  internet  website,  if
one exists, to residents within the district during the period of [four-
teen]  THIRTY days immediately preceding the annual meeting and election
or special district meeting at which the budget vote will occur  and  at
such  meeting  or  hearing. The board shall also as a part of the notice
required by section two thousand four of this chapter give notice of the
date, time and place of the budget hearing  and  that  a  copy  of  such
statement  may  be  obtained  by  any  resident  in the district at each
schoolhouse in the district in which school is maintained during certain
designated hours on each day other than a Saturday,  Sunday  or  holiday
during  the  [fourteen]  THIRTY days immediately preceding such meeting.
The board shall include notice of the availability of such statement  at
least  once during the school year in any district-wide mailing distrib-
uted.
  S 13. Paragraph (c) of subdivision 3 of section 2116-a of  the  educa-
tion  law,  as  added  by chapter 263 of the laws of 2005, is amended to
read as follows:
  (c) Notwithstanding the provisions of subparagraph  one  of  paragraph
(b)  of subdivision four of section thirty-five of the general municipal
law, each school district shall (i) prepare a corrective action plan  in
response  to  any findings contained in the annual external audit report
or management letter, or any final audit  report  issued  by  the  state
comptroller, within ninety days of receipt of such report or letter, and
(ii)  to the extent practicable, begin implementation of such corrective
action plan no later than the end of the next fiscal year.  EACH  SCHOOL
DISTRICT  SHALL NOTIFY THE DISTRICT RESIDENTS OF THE AVAILABILITY OF THE
CORRECTIVE ACTION PLAN AT PUBLIC LIBRARIES WITHIN THE DISTRICT,  AT  THE
SCHOOL  DISTRICT  OFFICES AND ON THE SCHOOL DISTRICT'S INTERNET WEBSITE,

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IF ONE EXISTS. ANY SCHOOL  DISTRICT  WHICH  FAILS  TO  COMPLY  WITH  THE
REQUIRED  NOTIFICATION  OF  AVAILABILITY  OF  THE CORRECTIVE ACTION PLAN
SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND  DOLLARS
UPON AN ADMINISTRATIVE DETERMINATION BY THE COMMISSIONER.
  S  14.  The education law is amended by adding a new section 1527-a to
read as follows:
  S 1527-A. FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1.    DEFI-
NITIONS.  AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" SHALL MEAN:
  (I) ANY STATE LAW, RULE OR REGULATION WHICH CREATES A NEW  PROGRAM  OR
REQUIRES  A  HIGHER  LEVEL  OF  SERVICE  FOR AN EXISTING PROGRAM WHICH A
SCHOOL DISTRICT ORGANIZED EITHER BY SPECIAL  LAWS  OR  PURSUANT  TO  THE
PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE; OR
  (II)  ANY  GENERAL  LAW  WHICH  GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION  WHICH  ANY  SUCH  SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I)  ANY  STATE LAW, RULE OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER  LEVEL OF SERVICE FOR AN EXISTING  PROGRAM  WHICH  ANY
SUCH  SCHOOL  DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO ANY  SUCH  SCHOOL  DISTRICT
FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED
TO  PROVIDE,  THEREBY  RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL
DISTRICT; OR
  (III) ANY GENERAL LAW WHICH GRANTS A NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A  NET  ADDITIONAL
COST TO SUCH SCHOOL DISTRICT.
  (C)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL  DISTRICT  IN
PERFORMING  OR  ADMINISTERING  A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE SCHOOL DISTRICT ON ACCOUNT OF THE
MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II) STATE OR  FEDERAL  AID  PAID  SPECIFICALLY  OR  CATEGORICALLY  IN
CONNECTION WITH THE  PROGRAM OR SERVICE; AND
  (III)  AN  OFFSETTING  SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR  SERVICE  DIRECTLY  ATTRIBUTABLE  TO  THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2.  FUNDING  OF  SCHOOL  DISTRICT  MANDATES. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, NO  UNFUNDED MANDATE SHALL BE ENACTED WHICH CREATES AN
ANNUAL NET ADDITIONAL COST TO ANY   SCHOOL DISTRICT IN  EXCESS  OF  FIVE
THOUSAND  DOLLARS  OR  AN  AGGREGATE ANNUAL NET ADDITIONAL   COST TO ALL
SCHOOL DISTRICTS IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS.
  3. EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES  REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS
FOR  SCHOOL  DISTRICTS IF: (I) THE  MANDATE IS REQUIRED BY A COURT ORDER
OR JUDGMENT; (II) THE MANDATE IS PROVIDED AT THE  OPTION OF  THE  SCHOOL
DISTRICT  UNDER  A  LAW,  REGULATION,  RULE, OR ORDER THAT IS PERMISSIVE
RATHER THAN MANDATORY; (III) THE MANDATE RESULTS FROM THE PASSAGE  OF  A
HOME  RULE  MESSAGE    WHEREBY  A  SCHOOL DISTRICT REQUESTS AUTHORITY TO
IMPLEMENT THE PROGRAM OR SERVICE   SPECIFIED IN  THE  STATUTE,  AND  THE
STATUTE  IMPOSES COSTS ONLY UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE
AUTHORITY TO IMPOSE THE PROGRAM OR SERVICE; (IV) THE MANDATE IS REQUIRED

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BY, OR ARISES FROM, AN EXECUTIVE ORDER OF THE GOVERNOR EXERCISING HIS OR
HER EMERGENCY POWERS; OR (V) THE MANDATE IS REQUIRED BY STATUTE OR EXEC-
UTIVE ORDER THAT IMPLEMENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM
COSTS MANDATED BY THE FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL,
UNLESS THE STATUTE OR EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED  THE
COSTS MANDATED BY THE FEDERAL GOVERNMENT.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE  IMPOSED ON SCHOOL DISTRICTS SHALL BE  CONSIST-
ENT WITH THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN IMPLEMENTA-
TION  THEREOF,  AND  ALSO  CONSISTENT  WITH THE AVAILABILITY OF REQUIRED
FUNDS.
  S 15. The executive law is amended by adding a new article 4-B to read
as follows:
                                ARTICLE 4-B
           OFFICE OF THE STATE INSPECTOR GENERAL FOR EDUCATION

SECTION 57. ESTABLISHMENT AND ORGANIZATION.
        58.  FUNCTIONS AND DUTIES.
        59. POWERS.
  S 57. ESTABLISHMENT AND ORGANIZATION.  1. THERE IS HEREBY  ESTABLISHED
THE OFFICE OF THE STATE INSPECTOR GENERAL FOR EDUCATION. THE HEAD OF THE
OFFICE  SHALL BE THE EDUCATION INSPECTOR GENERAL, WHO SHALL BE APPOINTED
BY THE BOARD OF THE  OFFICE OF THE STATE INSPECTOR  GENERAL  FOR  EDUCA-
TION.  SUCH  OFFICE  SHALL BE INDEPENDENT OF THE DEPARTMENT OF EDUCATION
AND OF ANY OTHER OFFICE, AGENCY, BOARD OR COMMISSION OF THE STATE OR ANY
OF ITS POLITICAL SUBDIVISIONS.
  2. THE EDUCATION INSPECTOR GENERAL MAY EMPLOY AND  AT  THEIR  PLEASURE
REMOVE SUCH PERSONNEL AS  THEY DEEM NECESSARY FOR THE PERFORMANCE OF THE
OFFICE, AND MAY FIX THEIR COMPENSATION WITH AMOUNTS AVAILABLE THEREFOR.
  3.  THERE  IS  HEREBY ESTABLISHED THE BOARD OF THE OFFICE OF THE STATE
INSPECTOR GENERAL FOR EDUCATION WHICH SHALL CONSIST OF  ELEVEN  MEMBERS,
AND  SHALL HAVE AND EXERCISE THE POWERS AND DUTIES OF THE  OFFICE OF THE
STATE INSPECTOR GENERAL FOR EDUCATION.
  4. THE BOARD MEMBERS SHALL BE APPOINTED AS FOLLOWS:
  (A) THREE MEMBERS SHALL BE APPOINTED BY  THE  GOVERNOR,  ONE  OF  WHOM
SHALL BE DESIGNATED BY THE  GOVERNOR AS THE CHAIR OF THE BOARD;
  (B) THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
  (C) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (D) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY; AND
  (E)  ONE  MEMBER  SHALL  BE  APPOINTED  BY  THE MINORITY LEADER OF THE
SENATE.
  5. THE BOARD MEMBERS SHALL SERVE FOR TERMS OF FIVE YEARS.
  6. THE CHAIR OF THE BOARD OR ANY FIVE MEMBERS THEREOF MAY CALL A MEET-
ING OF THE BOARD.
  7. ANY VACANCY OCCURRING ON THE BOARD SHALL  BE  FILLED  WITHIN  SIXTY
DAYS  OF ITS OCCURRENCE, IN THE  SAME MANNER AS THE MEMBER WHOSE VACANCY
IS BEING FILLED WAS APPOINTED. A PERSON APPOINTED   TO  FILL  A  VACANCY
OCCURRING  OTHER  THAN  BY  EXPIRATION  OF  A  TERM  OF  OFFICE SHALL BE
APPOINTED FOR THE  UNEXPIRED TERM OF THE MEMBER HE OR SHE SUCCEEDS.
  8. SIX MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM  AND  THE  BOARD
SHALL  HAVE  THE  POWER  TO  ACT BY MAJORITY VOTE OF THE TOTAL NUMBER OF
MEMBERS OF THE BOARD WITHOUT VACANCY.

A. 7280                             9

  9. THE BOARD MEMBERS SHALL NOT RECEIVE COMPENSATION BUT SHALL BE REIM-
BURSED FOR REASONABLE EXPENSES INCURRED  IN  THE  PERFORMANCE  OF  THEIR
OFFICIAL DUTIES.
  10.  THE  BOARD SHALL APPOINT AN EDUCATION INSPECTOR GENERAL WHO SHALL
PERFORM THE POWERS AND DUTIES SET  FORTH  IN  SECTIONS  FIFTY-EIGHT  AND
FIFTY-NINE  OF  THIS  ARTICLE,  AND  WHO SHALL SERVE FOR A TERM  OF FIVE
YEARS AND MAY ONLY BE DISMISSED FOR CAUSE OR BY A THREE-QUARTERS VOTE OF
THE BOARD. THE  BOARD MAY FIX THE COMPENSATION OF THE EDUCATION  INSPEC-
TOR GENERAL.
  11.  NO  BOARD MEMBER, NOR THE EDUCATION INSPECTOR GENERAL, SHALL HOLD
ANY ELECTED PUBLIC OFFICE OR OFFICE IN ANY POLITICAL  PARTY,  NOR  SHALL
ANY  MEMBER BE AN EMPLOYEE OF OR UNDER THE SUPERVISION OF ANY PERSON WHO
HOLDS SUCH ELECTED PUBLIC OFFICE OR OFFICE  OF  A  POLITICAL  PARTY.  NO
MEMBER OF THE  BOARD SHALL SERVE IN ANY PUBLIC OR POLITICAL OFFICE WITH-
IN FIVE YEARS OF THE MEMBER'S PERIOD OF SERVICE.
  12. THE EDUCATION INSPECTOR GENERAL SHALL, PRIOR TO THEIR APPOINTMENT,
HAVE HAD AT LEAST TEN YEARS EXPERIENCE IN AUDITING OR LAW ENFORCEMENT OR
INVESTIGATION, OR IN PROSECUTING OR AIDING IN THE PROSECUTION OF FRAUD.
  13.  MEMBERS  OF THE BOARD SHALL, PRIOR TO THEIR APPOINTMENT, HAVE HAD
AT LEAST THREE YEARS EXPERIENCE IN AUDITING OR INVESTIGATION OF  GOVERN-
MENTAL  OR  SCHOOL  DISTRICT  OPERATIONS, OR IN THE PRACTICE OF LAW, LAW
ENFORCEMENT OR IN SERVICES RELATED  TO  DEVELOPMENT  AND  MANAGEMENT  OF
INFORMATION TECHNOLOGY OR DATABASE CREATION AND MAINTENANCE.
  S  58.  FUNCTIONS  AND DUTIES.   THE EDUCATION INSPECTOR GENERAL SHALL
HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  1. TO RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON  HIS
OR  HER  OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FINANCIAL
IMPROPRIETIES, UNETHICAL CONDUCT, MISCONDUCT OR OTHER  CRIMINAL  CONDUCT
WITHIN  PUBLIC  SCHOOL  DISTRICTS OUTSIDE OF A CITY WITH A POPULATION OF
ONE MILLION OR MORE;
  2. TO INVESTIGATE AND REPORT ON CORRUPTION AND OTHER  CRIMINAL  ACTIV-
ITY,  SCHOOL BOARD ELECTION FRAUD,  BIDDING IRREGULARITIES AND CONFLICTS
OF INTEREST BY PUBLIC SCHOOL DISTRICT EMPLOYEES WHOSE ACTIONS  RELATE TO
THEIR EMPLOYMENT, PERSONS OR  ENTITIES  DOING  BUSINESS  WITH  A  PUBLIC
SCHOOL  DISTRICT CONCERNING THEIR TRANSACTIONS WITH THE SCHOOL DISTRICT,
AND SCHOOL BOARD MEMBERS WHOSE ACTIONS  RELATE TO THEIR OFFICE;
  3. TO DETERMINE WITH RESPECT TO SUCH ALLEGATIONS WHETHER  DISCIPLINARY
ACTION,  CIVIL  OR CRIMINAL  PROSECUTION, OR FURTHER INVESTIGATION BY AN
APPROPRIATE FEDERAL, STATE OR LOCAL AGENCY IS WARRANTED, AND  TO  ASSIST
IN SUCH INVESTIGATIONS;
  4.  TO  REVIEW AND EXAMINE PERIODICALLY THE POLICIES AND PROCEDURES OF
PUBLIC SCHOOL DISTRICTS WITH REGARD TO THE PREVENTION AND  DETECTION  OF
CORRUPTION,  FINANCIAL  IMPROPRIETIES,  UNETHICAL CONDUCT,   MISCONDUCT,
OTHER CRIMINAL CONDUCT, SCHOOL BOARD ELECTION FRAUD, BIDDING IRREGULARI-
TIES AND CONFLICTS OF INTEREST OR ABUSE;
  5. TO RECOMMEND REMEDIAL ACTION TO PREVENT  OR  ELIMINATE  CORRUPTION,
FINANCIAL  IMPROPRIETIES,  UNETHICAL CONDUCT, MISCONDUCT, OTHER CRIMINAL
CONDUCT, SCHOOL BOARD ELECTION FRAUD, BIDDING IRREGULARITIES,  CONFLICTS
OF INTEREST OR ABUSE BY PUBLIC SCHOOL DISTRICT OFFICIALS AND EMPLOYEES;
  6.  TO  ESTABLISH  PROGRAMS  FOR  TRAINING PUBLIC SCHOOL OFFICIALS AND
EMPLOYEES REGARDING THE PREVENTION AND ELIMINATION OF CORRUPTION, FINAN-
CIAL  IMPROPRIETIES,  UNETHICAL  CONDUCT,  MISCONDUCT,  OTHER   CRIMINAL
CONDUCT,   SCHOOL  BOARD  ELECTION  FRAUD,  BIDDING  IRREGULARITIES  AND
CONFLICTS OF INTEREST OR ABUSE;
  7. TO PREPARE AN ANNUAL REPORT THAT PROVIDES THE RESULTS OF THE EDUCA-
TION INSPECTOR GENERAL'S FINDINGS   WITH RESPECT TO  ALL  INVESTIGATIONS

A. 7280                            10

AND  DETAILED  ANALYSIS  OF THE CURRENT FINANCIAL STATUS OF THOSE SCHOOL
DISTRICTS THAT HAVE BEEN REVIEWED;
  8.  TO  INCLUDE  IN  SUCH  REPORT ANY FINDINGS REGARDING THE FINANCIAL
PRACTICES OF THE SCHOOL DISTRICT THAT THE  EDUCATION  INSPECTOR  GENERAL
BELIEVES  VIOLATED,  OR  COULD POTENTIALLY VIOLATE, EXISTING STATE RULES
OR REGULATIONS OR MAY BE OF CONCERN IN  THAT  INCOMPETENCE  OR  LACK  OF
TRAINING MAY RESULT IN  FINANCIAL PRACTICES THAT VIOLATE STATE RULES AND
REGULATIONS;
  9.  TO  ISSUE  THE  REPORT TO THE LEGISLATURE, THE COMPTROLLER AND THE
DEPARTMENT OF EDUCATION WITH EACH  ANNUAL  REPORT  POSTED  ON  A  PUBLIC
INTERNET WEBSITE FOR AT LEAST FIVE YEARS FROM THE DATE OF ISSUANCE.
  S  59.  POWERS.   THE EDUCATION INSPECTOR GENERAL SHALL HAVE THE POWER
TO:
  1. SUBPOENA AND ENFORCE THE ATTENDANCE  OF  WITNESSES,  INCLUDING  THE
POWER  TO  SUBPOENA DOCUMENTS AND RECORDS NECESSARY TO ANY INVESTIGATION
FROM ANY PUBLIC SCHOOL DISTRICT OUTSIDE OF A CITY WITH A  POPULATION  OF
ONE  MILLION  OR  MORE AND FROM VENDORS WHO DO BUSINESS WITH SUCH PUBLIC
SCHOOL DISTRICTS;
  2. ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
  3. REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED  RELEVANT  OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
  4. NOTWITHSTANDING ANY LAW TO THE CONTRARY, EXAMINE AND COPY OR REMOVE
DOCUMENTS  OR  RECORDS  OF  ANY KIND PREPARED, MAINTAINED OR HELD BY ANY
PUBLIC SCHOOL DISTRICT COVERED BY THIS ARTICLE;
  5. REQUIRE ANY PUBLIC SCHOOL DISTRICT  EMPLOYEE  TO  ANSWER  QUESTIONS
CONCERNING  ANY MATTER RELATED TO THE PERFORMANCE OF HIS OR HER OFFICIAL
DUTIES. NO STATEMENT OR OTHER EVIDENCE DERIVED  THEREFROM  MAY  BE  USED
AGAINST  SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT CRIMINAL PROSECUTION
OTHER THAN FOR PERJURY OR CONTEMPT  ARISING  FROM  SUCH  TESTIMONY.  THE
REFUSAL  OF  ANY  OFFICER OR EMPLOYEE TO ANSWER QUESTIONS SHALL BE CAUSE
FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE PENALTY;
  6. MONITOR THE IMPLEMENTATION BY PUBLIC SCHOOL DISTRICTS OF ANY RECOM-
MENDATIONS MADE BY THE EDUCATION INSPECTOR GENERAL;
  7. PERFORM ANY OTHER FUNCTIONS THAT ARE NECESSARY  OR  APPROPRIATE  TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF THE OFFICE.
  S 16. Subparagraphs 2 and 3 of paragraph b of subdivision 2 of section
33  of the general municipal law, as added by chapter 267 of the laws of
2005, are amended and a new subparagraph 4 is added to read as follows:
  (2) assessing the current financial  practices  of  school  districts,
BOCES and charter schools to ensure that they are consistent with estab-
lished standards, [and]
  (3)  determining  that  school  districts,  BOCES, and charter schools
provide for adequate protections against any fraud,  theft,  or  profes-
sional misconduct[.], AND
  (4)  AUDITING  FEDERAL  AND  STATE  GRANT  PROGRAM EXPENDITURES IN ALL
SCHOOL DISTRICTS, BOCES AND CHARTER SCHOOLS.
  S 17. Paragraph d of subdivision 2 of section 33 of the general munic-
ipal law, as added by chapter 267 of the laws of  2005,  is  amended  to
read as follows:
  d.  The office of the state comptroller shall upon making a finding of
misconduct refer any findings of fraud, abuse or other  conduct  consti-
tuting  a  crime  that  are  uncovered during the course of an audit, as
appropriate, to the  commissioner  of  education,  THE  NEW  YORK  STATE
INSPECTOR GENERAL FOR EDUCATION, the charter entity, the attorney gener-
al,  United States attorney or district attorney having jurisdiction for

A. 7280                            11

appropriate action, together with any documents supporting the auditors'
findings.
  S  18. The labor law is amended by adding a new section 742 to read as
follows:
  S 742. PROHIBITION; PUBLIC  SCHOOL  DISTRICT  EMPLOYER  WHO  PENALIZES
EMPLOYEES  BECAUSE  OF  COMPLAINTS  OF  EMPLOYER MALFEASANCE. 1.   DEFI-
NITIONS. AS USED IN THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A)  "EMPLOYEE"  MEANS  ANY PERSON WHO PERFORMS SERVICES FOR AND UNDER
THE CONTROL AND DIRECTION  OF ANY PUBLIC SCHOOL DISTRICT  OUTSIDE  OF  A
CITY WITH A POPULATION OF ONE MILLION OR MORE FOR WAGES  OR OTHER REMUN-
ERATION.
  (B) "EMPLOYER" MEANS ANY PUBLIC SCHOOL DISTRICT OUTSIDE OF A CITY WITH
A POPULATION OF ONE  MILLION OR MORE.
  (C)  "AGENT"  MEANS  ANY  INDIVIDUAL, PARTNERSHIP, ASSOCIATION, CORPO-
RATION, OR GROUP OF PERSONS  ACTING ON BEHALF OF AN EMPLOYER.
  (D) "PUBLIC BODY" MEANS:
  (1) THE UNITED STATES CONGRESS, ANY STATE LEGISLATURE, OR ANY  ELECTED
LOCAL GOVERNMENTAL BODY, OR ANY MEMBER OR EMPLOYEE THEREOF;
  (2) THE NEW YORK STATE INSPECTOR GENERAL FOR EDUCATION;
  (3) THE STATE COMPTROLLER;
  (4) THE ATTORNEY GENERAL;
  (5)  ANY  FEDERAL, STATE OR LOCAL REGULATORY, ADMINISTRATIVE OR PUBLIC
AGENCY OR AUTHORITY, OR INSTRUMENTALITY THEREOF;
  (6) ANY FEDERAL, STATE OR LOCAL LAW ENFORCEMENT AGENCY,  PROSECUTORIAL
OFFICE, OR POLICE OR PEACE  OFFICER;
  (7)  ANY  FEDERAL, STATE OR LOCAL DEPARTMENT OF AN EXECUTIVE BRANCH OF
GOVERNMENT; OR
  (8) ANY DIVISION, BOARD, BUREAU, OFFICE, COMMITTEE  OR  COMMISSION  OF
ANY  OF  THE  PUBLIC BODIES   DESCRIBED IN SUBPARAGRAPH ONE, TWO, THREE,
FOUR, FIVE, SIX OR SEVEN OF THIS PARAGRAPH.
  (E) "RETALIATORY ACTION" MEANS THE  DISCHARGE,  SUSPENSION,  DEMOTION,
PENALIZATION  OR  DISCRIMINATION  AGAINST  AN EMPLOYEE, OR OTHER ADVERSE
EMPLOYMENT ACTION TAKEN AGAINST AN EMPLOYEE IN THE TERMS AND  CONDITIONS
OF EMPLOYMENT.
  (F)  "SUPERVISOR"  MEANS  ANY PERSON WITHIN AN EMPLOYER'S ORGANIZATION
WHO HAS THE AUTHORITY TO  DIRECT AND CONTROL THE WORK PERFORMANCE OF  AN
EMPLOYEE,  OR  WHO HAS THE AUTHORITY TO TAKE CORRECTIVE ACTION REGARDING
FRAUD, CRIMINAL ACTIVITY OR  OTHER  MALFEASANCE  TO  WHICH  AN  EMPLOYEE
SUBMITS A COMPLAINT.
  2.  RETALIATORY ACTION PROHIBITED. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, NO EMPLOYER SHALL  TAKE RETALIATORY ACTION AGAINST ANY  EMPLOYEE
BECAUSE THE EMPLOYEE DOES ANY OF THE FOLLOWING:
  (A) DISCLOSES OR THREATENS TO DISCLOSE TO A SUPERVISOR, OR TO A PUBLIC
BODY  AN  ACTIVITY, POLICY OR PRACTICE OF THE EMPLOYER OR AGENT THAT THE
EMPLOYEE, IN GOOD FAITH, REASONABLY BELIEVES  CONSTITUTES FRAUD,  CRIMI-
NAL ACTIVITY OR OTHER MALFEASANCE; OR
  (B)  OBJECTS  TO, OR REFUSES TO PARTICIPATE IN ANY ACTIVITY, POLICY OR
PRACTICE OF THE EMPLOYER OR AGENT THAT  THE  EMPLOYEE,  IN  GOOD  FAITH,
REASONABLY  BELIEVES  CONSTITUTES  FRAUD,  CRIMINAL  ACTIVITY  OR  OTHER
MALFEASANCE.
  3. ENFORCEMENT. AN EMPLOYEE  MAY  SEEK  ENFORCEMENT  OF  THIS  SECTION
PURSUANT  TO  PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION SEVEN HUNDRED
FORTY OF THIS ARTICLE.
  4. RELIEF. IN ANY COURT ACTION BROUGHT PURSUANT  TO  THIS  SECTION  IT
SHALL BE A DEFENSE THAT THE PERSONNEL ACTION WAS PREDICATED UPON GROUNDS

A. 7280                            12

OTHER  THAN  THE  EMPLOYEE'S  EXERCISE OF ANY RIGHTS   PROTECTED BY THIS
SECTION.
  S  19.  Subdivision  4  of  section 740 of the labor law is amended by
adding a new paragraph (e) to read as follows:
  (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (C)  OF  THIS
SUBDIVISION,  AN  EMPLOYEE  WHO  HAS  BEEN  THE SUBJECT OF A RETALIATORY
ACTION BY AN EMPLOYER IN VIOLATION OF SECTION SEVEN HUNDRED FORTY-TWO OF
THIS ARTICLE MAY INSTITUTE A CIVIL ACTION IN A COURT OF COMPETENT JURIS-
DICTION FOR RELIEF AS SET FORTH IN  SUBDIVISION  FIVE  OF  THIS  SECTION
WITHIN  TWO  YEARS  AFTER  THE  ALLEGED RETALIATORY PERSONNEL ACTION WAS
TAKEN. IN ADDITION TO THE RELIEF SET FORTH IN SUCH SUBDIVISION FIVE, THE
COURT, IN ITS DISCRETION, BASED UPON A FINDING THAT THE  EMPLOYER  ACTED
IN BAD FAITH IN THE RETALIATORY ACTION, MAY ORDER THE EMPLOYER TO TERMI-
NATE THE SUPERVISOR WHO RETALIATED AGAINST THE EMPLOYEE.
  S  20. The penal law is amended by adding a new section 190.72 to read
as follows:
S 190.72 DEFRAUDING A PUBLIC PENSION PLAN.
  A PERSON IS GUILTY OF DEFRAUDING A PUBLIC PENSION PLAN WHEN HE OR  SHE
ENGAGES  IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING COURSE OF CONDUCT
WITH INTENT TO OBTAIN A BENEFIT OR ASSET, OR ASSIST  A  THIRD  PARTY  TO
OBTAIN A BENEFIT OR ASSET, FROM A PUBLIC PENSION PLAN TO WHICH HE OR SHE
OR  THE  THIRD  PARTY  IS  NOT  OTHERWISE  ENTITLED  TO  PURSUANT TO THE
RESTRICTION OF SECTION TWO HUNDRED ELEVEN OF THE RETIREMENT  AND  SOCIAL
SECURITY LAW.
  DEFRAUDING A PUBLIC PENSION PLAN IS A CLASS E FELONY.
  S 21. Section 211 of the retirement and social security law is amended
by adding a new subdivision 9 to read as follows:
  9.  A  RETIRED PERSON RECEIVING A RETIREMENT ALLOWANCE WHO IS EMPLOYED
AND EARNING COMPENSATION IN A PUBLIC SERVICE POSITION OR POSITIONS  WITH
THE  TOTAL  COMPENSATION  EXCEEDING THE LIMITATIONS SET FORTH IN SECTION
TWO HUNDRED TWELVE OF THIS ARTICLE AND SUCH PERSON HAS NOT OBTAINED  THE
REQUISITE  WAIVER  SET  FORTH IN THIS SECTION, AS WELL AS ANY PERSON WHO
KNOWINGLY ASSISTS ANOTHER PERSON IN  RECEIVING  A  RETIREMENT  ALLOWANCE
WHILE RECEIVING TOTAL COMPENSATION IN A PUBLIC SERVICE POSITION OR POSI-
TIONS EXCEEDING THE LIMITS OF SECTION TWO HUNDRED TWELVE OF THIS ARTICLE
AND  NOT  HAVING OBTAINED THE REQUISITE WAIVER, IS GUILTY OF LARCENY AND
PUNISHABLE AS PROVIDED IN THE PENAL LAW.
  S 22. This act shall take effect January 1, 2010.