2019 New York Laws
ACA - Arts and Cultural Affairs
Title U - Divisions of History and Public Records
Article 57-A - Local Government Records 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.