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This entry was published on 2014-12-26
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SECTION 57.35
Grants for local government records management improvement
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE U, ARTICLE 57-A
§ 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.