Assembly Bill A9637

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9637
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law and the state finance law, in relation
   to establishing the community literacy fund
 
   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 article 102 to
 read as follows:
                                ARTICLE 102
                        COMMUNITY LITERACY PROGRAMS
 SECTION 5050. DEFINITIONS.
         5051. GRANTS.
         5052. REPORT.
   § 5050. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ELIGIBLE AGENCY" MEANS:
   (A)  AN  ORGANIZATION HAVING TAX EXEMPT STATUS UNDER SECTION 501(C) OF
 THE UNITED STATES INTERNAL REVENUE CODE WHICH PROVIDES  ADULT  EDUCATION
 AND  LITERACY  SERVICES  TO RESIDENTS OF THE STATE OF NEW YORK AND WHICH
 UTILIZES VOLUNTEERS TO DIRECTLY PROVIDE SUCH SERVICES; OR
   (B) AN ORGANIZATION HAVING TAX EXEMPT STATUS UNDER SECTION  501(C)  OF
 THE UNITED STATES INTERNAL REVENUE CODE WHOSE PRIMARY PURPOSE IS PROVID-
 ING  ADULT  EDUCATION  AND  LITERACY SERVICES WHICH PROVIDES OTHER ADULT
 LITERACY ORGANIZATIONS WITH TECHNICAL  ASSISTANCE,  INCLUDING  TRAINING,
 DATA REPORTING, OR OPERATIONAL ASSISTANCE.
   2. "ADULT EDUCATION AND LITERACY SERVICES" MEANS SERVICES WHICH ASSIST
 ADULTS  IN  ACQUIRING THE NECESSARY BASIC SKILLS NEEDED TO BE PRODUCTIVE
 WORKERS, FAMILY MEMBERS, AND CITIZENS, INCLUDING  BUT  NOT  LIMITED  TO,
 READING,  WRITING, MATH, ENGLISH LANGUAGE PROFICIENCY, AND PROBLEM-SOLV-
 ING SKILLS.
   § 5051. GRANTS. 1. THE COMMISSIONER SHALL BE AUTHORIZED TO MAKE GRANTS
 TO ELIGIBLE AGENCIES THAT CONDUCT COMMUNITY LITERACY PROGRAMS FROM FUNDS
 HELD WITHIN THE COMMUNITY LITERACY FUND PURSUANT TO SECTION NINETY-NINE-
 OO OF THE STATE FINANCE LAW IN ACCORDANCE WITH THE PROCEDURES SET  FORTH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14385-02-2
 A. 9637                             2
 
 BY  THIS  SECTION.  NO  FOR-PROFIT  AGENCY OR INSTITUTION MAY ACT AS THE
 FISCAL AGENT OF ANY  GRANT  RECEIVABLE  UNDER  THE  PROVISIONS  OF  THIS
 SECTION.
   2.  ELIGIBLE  AGENCIES  SHALL  SUBMIT PROPOSALS TO THE COMMISSIONER TO
 FUND AUTHORIZED EXPENDITURES IN SUPPORT OF COMMUNITY LITERACY  PROGRAMS.
 SUCH  PROPOSALS  SHALL BE IN A FORM AND SHALL BE SUBMITTED ON A SCHEDULE
 PRESCRIBED BY THE COMMISSIONER.
   3. THE COMMISSIONER SHALL ADOPT RULES  AND  REGULATIONS  TO  ESTABLISH
 ELIGIBILITY  CRITERIA AND PROCEDURES FOR THE AWARD OF SUCH GRANTS AND TO
 OTHERWISE IMPLEMENT THE PROVISIONS OF  THIS  SECTION.  THE  COMMISSIONER
 SHALL  AWARD  GRANTS USING THE ELIGIBILITY CRITERIA ESTABLISHED IN REGU-
 LATION AND SHALL DETERMINE THE AMOUNT OF EACH GRANT AWARD.
   4. SUBJECT TO  THE  AVAILABILITY  OF  FUNDS  FOR  SUCH  PURPOSE,  UPON
 APPROVAL  OF  A  PROPOSAL  BY  THE  COMMISSIONER, THE COMMISSIONER SHALL
 DISTRIBUTE THE GRANT ALLOCATION ACCORDING TO A  SCHEDULE  PRESCRIBED  BY
 THE COMMISSIONER.
   5.  THE  COMMISSIONER  SHALL  ADOPT  RULES AND REGULATIONS TO CREATE A
 REPORTING SCHEDULE FOR THE AGENCIES WHO RECEIVE GRANTS PURSUANT TO  THIS
 SECTION.  DATA  TO  BE REPORTED BY AGENCIES WHO ARE ELIGIBLE PURSUANT TO
 PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION FIVE THOUSAND FIFTY OF  THIS
 ARTICLE SHALL ALLOW RECIPIENTS TO SHOW THE IMPACT OF THEIR WORK ON INDI-
 VIDUALS,  BASED  UPON THEIR NEEDS AND GOALS, AND MAY INCLUDE EDUCATIONAL
 GAIN, CIVIC PARTICIPATION, DIGITAL  LITERACY  SKILLS  MASTERY,  IMPROVED
 HEALTH  LITERACY,  IMPROVED  FINANCIAL LITERACY, AND ENGAGEMENT IN CHIL-
 DREN'S SCHOOLING. AGENCIES WHO ARE ELIGIBLE PURSUANT TO PARAGRAPH (A) OF
 SUBDIVISION ONE OF SECTION FIVE THOUSAND FIFTY  OF  THIS  ARTICLE  SHALL
 REPORT IMPACT DATA.
   §  5052. REPORT. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-THREE
 AND BY JANUARY FIRST OF EACH YEAR  THEREAFTER,  THE  COMMISSIONER  SHALL
 SUBMIT  TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE
 SPEAKER OF THE ASSEMBLY A REPORT DESCRIBING AND EVALUATING THE COMMUNITY
 LITERACY PROGRAMS FUNDED PURSUANT TO THIS ARTICLE.
   § 2. The state finance law is amended by adding a new section 99-oo to
 read as follows:
   §  99-OO.  COMMUNITY  LITERACY  FUND.  1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW, RULE, REGULATION OR PRACTICE TO THE CONTRARY, THERE IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
 COMMISSIONER OF EDUCATION A COMMUNITY LITERACY FUND, WHICH SHALL CONSIST
 OF  ALL  MONEYS  APPROPRIATED TO THE FUND BY THE DEPARTMENT OF EDUCATION
 AND ALL MONEYS COLLECTED FROM  INDIVIDUALS  FOR  THE  IMPLEMENTATION  OF
 COMMUNITY  LITERACY  PROGRAMS AS SPECIFIED IN ARTICLE ONE HUNDRED TWO OF
 THE EDUCATION LAW.
   2. MONEYS WITHIN THE COMMUNITY LITERACY FUND SHALL BE  MADE  AVAILABLE
 TO THE COMMISSIONER OF EDUCATION TO PROVIDE GRANTS TO ELIGIBLE AGENCIES,
 AS  SUCH  TERM  IS  DEFINED  PURSUANT TO SUBDIVISION ONE OF SECTION FIVE
 THOUSAND FIFTY OF THE EDUCATION LAW, IN ACCORDANCE WITH THE  REGULATIONS
 SET FORTH IN ARTICLE ONE HUNDRED TWO OF THE EDUCATION LAW.
   § 3. This act shall take effect immediately.