Senate Bill S3149A

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

                                 3149--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the education law, in relation to creating the New  York
  character  development  commission; to amend the state finance law, in
  relation to establishing the New York character development fund;  and
  providing for the repeal of such provisions upon expiration thereof

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

  Section 1. The education law is amended by adding a new section 141 to
read as follows:
  S 141. NEW YORK  CHARACTER  DEVELOPMENT  COMMISSION.  1.    COMMISSION
ESTABLISHED.   (A) THERE IS HEREBY CREATED IN THE EDUCATION DEPARTMENT A
COMMISSION TO BE KNOWN AS THE "NEW YORK  CHARACTER  DEVELOPMENT  COMMIS-
SION" WHICH SHALL BE CHARGED WITH INVESTIGATING AND DETERMINING THE BEST
PRACTICES  IN  BUILDING  CHARACTER AMONG STATE PUBLIC SCHOOL CHILDREN IN
GRADES KINDERGARTEN THROUGH TWELVE AND FORMULATING  RECOMMENDATIONS  FOR
THE IMPLEMENTATION OF THOSE PRACTICES IN PUBLIC SCHOOLS.
  (B)  THE  COMMISSION  SHALL  BEGIN  TO  ACT FORTY-FIVE DAYS AFTER THIS
SECTION SHALL HAVE BECOME A LAW.
  2. MEMBERS OF THE COMMISSION. (A) THE COMMISSION SHALL CONSIST OF  TEN
MEMBERS  TO  BE APPOINTED AS FOLLOWS: (I) TWO MEMBERS SHALL BE APPOINTED
BY THE TEMPORARY PRESIDENT OF THE SENATE;  (II)  TWO  MEMBERS  SHALL  BE
APPOINTED  BY  THE  SPEAKER  OF  THE ASSEMBLY; (III) ONE MEMBER SHALL BE
APPOINTED BY THE MINORITY LEADER OF THE SENATE; (IV) ONE MEMBER SHALL BE
APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY; (V) TWO MEMBERS  SHALL
BE APPOINTED BY THE GOVERNOR; AND (VI) TWO MEMBERS SHALL BE APPOINTED BY
THE  BOARD  OF  REGENTS.  THE BOARD OF REGENTS SHALL DESIGNATE THE CHAIR
FROM AMONG THE MEMBERS OF THE COMMISSION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00403-02-6
              

S. 3149--A                          2

  (B) ONE MEMBER APPOINTED BY EACH OF THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  THE  SPEAKER  OF  THE  ASSEMBLY,  THE GOVERNOR AND THE BOARD OF
REGENTS SHALL BE AN ACADEMIC  AND  RESEARCH  EXPERT.  THE  OTHER  MEMBER
APPOINTED  BY  THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE GOVERNOR AND THE BOARD OF REGENTS SHALL BE AN EDUCATOR. AT
LEAST  SEVENTY  PERCENT OF THE MEMBERS OF THE COMMISSION SHALL COME FROM
PUBLIC, NON-PROFIT OR GOVERNMENT SECTORS.   TO THE  EXTENT  PRACTICABLE,
THE  MEMBERSHIP  OF THE COMMISSION SHALL INCLUDE ADMINISTRATORS, FACULTY
AND OTHER INDIVIDUALS COMMITTED TO ADVANCING  THE  EDUCATIONAL  OPPORTU-
NITIES OF THE CHILDREN OF THE STATE.
  (C)  THE  LEGISLATIVE  LEADERS  AND  THE  GOVERNOR  SHALL SUBMIT THEIR
APPOINTMENTS TO THE BOARD OF REGENTS, AND THE  BOARD  OF  REGENTS  SHALL
MAKE  APPOINTMENTS,  NO  LATER  THAN  FORTY-FIVE DAYS AFTER THIS SECTION
BECOMES A LAW. VACANCIES IN THE COMMISSION SHALL BE FILLED IN  THE  SAME
MANNER AS THE MEMBER WHOSE VACANCY IS BEING FILLED WAS APPOINTED.
  (D)  THE  MEMBERS  OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES AS MEMBERS, BUT SHALL BE ALLOWED THEIR ACTUAL AND  NECES-
SARY  EXPENSES  INCURRED  IN THE PERFORMANCE OF THEIR DUTIES. MEMBERS OF
THE COMMISSION SHALL BE  CONSIDERED  PUBLIC  OFFICERS  FOR  PURPOSES  OF
SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.
  3.  COMMISSION  STAFF  AND  AGENCY LIAISON. (A) THE COMMISSIONER SHALL
DESIGNATE SUCH EMPLOYEES OF THE DEPARTMENT AS ARE  REASONABLY  NECESSARY
TO PROVIDE SUPPORT SERVICES TO THE COMMISSION. THE COMMISSION, ACTING BY
THE  CHAIR  OF  THE COMMISSION, MAY EMPLOY ADDITIONAL STAFF AND CONSULT-
ANTS, WHO SHALL BE PAID FROM AMOUNTS AVAILABLE  TO  THE  COMMISSION  FOR
THAT PURPOSE.
  (B)  THE COMMISSIONER SHALL APPOINT ONE OR MORE REPRESENTATIVES OF THE
DEPARTMENT TO SERVE AS LIAISON BETWEEN SUCH DEPARTMENT AND  THE  COMMIS-
SION.   ALL STATE AGENCIES, PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPO-
RATIONS SHALL PROVIDE SUCH ASSISTANCE AS MAY BE REASONABLY REQUESTED  BY
THE CHAIR OF THE COMMISSION.
  4.  POWERS AND DUTIES OF THE COMMISSION. (A) THE COMMISSION SHALL HAVE
THE POWER AND DUTY TO:
  (1) STUDY AND RESEARCH THE EFFECTIVENESS OF BUILDING  CHARACTER  AMONG
STATE PUBLIC SCHOOL CHILDREN IN GRADES KINDERGARTEN THROUGH TWELVE;
  (2) STUDY, EXPLORE, AND RESEARCH FUTURE MEASURES FOR DIFFERENT CHARAC-
TER TRAITS;
  (3)  PROPOSE  SPECIFIC  PROGRAMS  AND  A PLAN TO ALLOCATE RESOURCES TO
DEVELOP AND GROW CHARACTER AMONG ALL PUBLIC SCHOOL STUDENTS;
  (4) STUDY, EXPLORE AND PROPOSE A PLAN TO IMPLEMENT THE CHARACTER TRAIT
MEASURES THAT MAY BE ONE OF THE CONSIDERED FACTORS  FOR  GRADE  ADVANCE-
MENT;
  (5)  STUDY,  EXPLORE AND PROPOSE MEASURES TO INCORPORATE DIGITAL PLAT-
FORMS;
  (6) ESTABLISH, PUBLISH AND PUBLICIZE A PROPOSAL FOR THE IMPLEMENTATION
OF A PILOT PROGRAM AND/OR A STATE-WIDE INITIATIVE CONCERNING THE  BUILD-
ING OF CHARACTER AMONG STATE PUBLIC SCHOOL CHILDREN IN GRADES KINDERGAR-
TEN  THROUGH  TWELVE AND PROVIDE RECOMMENDATIONS GERMANE TO THE DEVELOP-
MENT OF SUCH PROGRAMS IN SCHOOLS;
  (7) PREPARE AND DELIVER A REPORT CONCERNING THE COMMISSION'S  FINDINGS
AND RECOMMENDATIONS AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION;
  (8)  RAISE  FUNDING FOR THE NEW YORK CHARACTER DEVELOPMENT FUND ESTAB-
LISHED BY SECTION NINETY-NINE-Y OF THE STATE FINANCE LAW; AND
  (9) TAKE SUCH OTHER ACTIONS AND MEASURES AS MAY BE NECESSARY TO IMPLE-
MENT THE PROVISIONS OF THIS SECTION.

S. 3149--A                          3

  (B) AS USED IN THIS  SECTION,  "CHARACTER"  REFERS  TO  THE  SOFT  AND
EMOTIONAL  SKILLS THAT ARE PROVEN TO PRODUCE SUCCESSFUL LEADERS, INCLUD-
ING, BUT NOT LIMITED TO GRIT, ZEST, PERSEVERANCE,  CURIOSITY,  SELF-CON-
TROL, TENACITY, OPTIMISM, GRATITUDE, AND SOCIAL INTELLIGENCE.
  5.  COMMISSION RECOMMENDATIONS. ON OR BEFORE JUNE THIRTIETH, TWO THOU-
SAND SEVENTEEN, THE COMMISSION  SHALL  TRANSMIT  TO  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE
MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE  ASSEMBLY  AND
THE  BOARD  OF  REGENTS A REPORT CONCERNING ITS FINDINGS AND RECOMMENDA-
TIONS, WHICH SHALL INCLUDE SPECIFIC RECOMMENDATIONS  FOR  IMPLEMENTATION
OF  A PROPOSED PILOT PLAN OR STATE-WIDE INITIATIVE CONCERNING THE BUILD-
ING OF CHARACTER AMONG STATE PUBLIC SCHOOL CHILDREN IN GRADES KINDERGAR-
TEN THROUGH TWELVE AND PROVIDE RECOMMENDATIONS. UPON THE TRANSMISSION OF
THE REPORT TO THE GOVERNOR AND THE LEGISLATURE THE COMMISSION  SHALL  BE
DISSOLVED.
  S  2. The state finance law is amended by adding a new section 99-y to
read as follows:
  S 99-Y. NEW YORK CHARACTER DEVELOPMENT FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE  "NEW  YORK
CHARACTER DEVELOPMENT FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONIES CREDITED OR TRANSFERRED THER-
ETO  FROM THE GENERAL FUND OR FROM ANY OTHER FUND OR SOURCES PURSUANT TO
LAW.  NOTHING CONTAINED HEREIN SHALL PREVENT THE DEPARTMENT OF EDUCATION
FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS
DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND  ACCORDING  TO
LAW.  EXCEPT  AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, MONIES OF
THE FUND SHALL NOT BE CO-MINGLED WITH ANY OTHER FUND.
  3. MONIES OF THE FUND SHALL BE EXPENDED FOR THE PURPOSES  OF  CARRYING
OUT  THE  PROVISIONS  OF  SECTION ONE HUNDRED FORTY-ONE OF THE EDUCATION
LAW.
  4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE CHAIR OF
THE NEW YORK CHARACTER DEVELOPMENT COMMISSION.
  5.  UPON THE DISSOLUTION OF THE NEW YORK CHARACTER DEVELOPMENT COMMIS-
SION, ANY MONIES REMAINING IN THE  FUND  SHALL  BE  DEPOSITED  INTO  THE
GENERAL  FUND  PURSUANT TO THE PROVISIONS OF SECTION SEVENTY-TWO OF THIS
ARTICLE.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed June 30, 2017.