Bill Text: NY S06366 | 2013-2014 | General Assembly | Introduced
Bill Title: Creates the New York character development commission and establishes the New York character development fund; and providing for the repeal of such provisions upon expiration thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-21 - REFERRED TO EDUCATION [S06366 Detail]
Download: New_York-2013-S06366-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6366 I N S E N A T E January 21, 2014 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Education 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: 1 Section 1. The education law is amended by adding a new section 141 to 2 read as follows: 3 S 141. NEW YORK CHARACTER DEVELOPMENT COMMISSION. 1. COMMISSION 4 ESTABLISHED. (A) THERE IS HEREBY CREATED IN THE EDUCATION DEPARTMENT A 5 COMMISSION TO BE KNOWN AS THE "NEW YORK CHARACTER DEVELOPMENT COMMIS- 6 SION" WHICH SHALL BE CHARGED WITH INVESTIGATING AND DETERMINING THE BEST 7 PRACTICES IN BUILDING CHARACTER AMONG STATE PUBLIC SCHOOL CHILDREN IN 8 GRADES KINDERGARTEN THROUGH TWELVE AND FORMULATING RECOMMENDATIONS FOR 9 THE IMPLEMENTATION OF THOSE PRACTICES IN PUBLIC SCHOOLS. 10 (B) THE COMMISSION SHALL BEGIN TO ACT FORTY-FIVE DAYS AFTER THIS 11 SECTION SHALL HAVE BECOME A LAW. 12 2. MEMBERS OF THE COMMISSION. (A) THE COMMISSION SHALL CONSIST OF TEN 13 MEMBERS TO BE APPOINTED AS FOLLOWS: (I) TWO MEMBERS SHALL BE APPOINTED 14 BY THE TEMPORARY PRESIDENT OF THE SENATE; (II) TWO MEMBERS SHALL BE 15 APPOINTED BY THE SPEAKER OF THE ASSEMBLY; (III) ONE MEMBER SHALL BE 16 APPOINTED BY THE MINORITY LEADER OF THE SENATE; (IV) ONE MEMBER SHALL BE 17 APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY; (V) TWO MEMBERS SHALL 18 BE APPOINTED BY THE GOVERNOR; AND (VI) TWO MEMBERS SHALL BE APPOINTED BY 19 THE BOARD OF REGENTS. THE BOARD OF REGENTS SHALL DESIGNATE THE CHAIR 20 FROM AMONG THE MEMBERS OF THE COMMISSION. 21 (B) ONE MEMBER APPOINTED BY EACH OF THE TEMPORARY PRESIDENT OF THE 22 SENATE, THE SPEAKER OF THE ASSEMBLY, THE GOVERNOR AND THE BOARD OF 23 REGENTS SHALL BE AN ACADEMIC AND RESEARCH EXPERT. THE OTHER MEMBER 24 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE 25 ASSEMBLY, THE GOVERNOR AND THE BOARD OF REGENTS SHALL BE AN EDUCATOR. AT 26 LEAST SEVENTY PERCENT OF THE MEMBERS OF THE COMMISSION SHALL COME FROM EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13487-01-4 S. 6366 2 1 PUBLIC, NON-PROFIT OR GOVERNMENT SECTORS. TO THE EXTENT PRACTICABLE, 2 THE MEMBERSHIP OF THE COMMISSION SHALL INCLUDE ADMINISTRATORS, FACULTY 3 AND OTHER INDIVIDUALS COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTU- 4 NITIES OF THE CHILDREN OF THE STATE. 5 (C) THE LEGISLATIVE LEADERS AND THE GOVERNOR SHALL SUBMIT THEIR 6 APPOINTMENTS TO THE BOARD OF REGENTS, AND THE BOARD OF REGENTS SHALL 7 MAKE APPOINTMENTS, NO LATER THAN FORTY-FIVE DAYS AFTER THIS SECTION 8 BECOMES A LAW. VACANCIES IN THE COMMISSION SHALL BE FILLED IN THE SAME 9 MANNER AS THE MEMBER WHOSE VACANCY IS BEING FILLED WAS APPOINTED. 10 (D) THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR 11 THEIR SERVICES AS MEMBERS, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECES- 12 SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. MEMBERS OF 13 THE COMMISSION SHALL BE CONSIDERED PUBLIC OFFICERS FOR PURPOSES OF 14 SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW. 15 3. COMMISSION STAFF AND AGENCY LIAISON. (A) THE COMMISSIONER SHALL 16 DESIGNATE SUCH EMPLOYEES OF THE DEPARTMENT AS ARE REASONABLY NECESSARY 17 TO PROVIDE SUPPORT SERVICES TO THE COMMISSION. THE COMMISSION, ACTING BY 18 THE CHAIR OF THE COMMISSION, MAY EMPLOY ADDITIONAL STAFF AND CONSULT- 19 ANTS, WHO SHALL BE PAID FROM AMOUNTS AVAILABLE TO THE COMMISSION FOR 20 THAT PURPOSE. 21 (B) THE COMMISSIONER SHALL APPOINT ONE OR MORE REPRESENTATIVES OF THE 22 DEPARTMENT TO SERVE AS LIAISON BETWEEN SUCH DEPARTMENT AND THE COMMIS- 23 SION. ALL STATE AGENCIES, PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPO- 24 RATIONS SHALL PROVIDE SUCH ASSISTANCE AS MAY BE REASONABLY REQUESTED BY 25 THE CHAIR OF THE COMMISSION. 26 4. POWERS AND DUTIES OF THE COMMISSION. (A) THE COMMISSION SHALL HAVE 27 THE POWER AND DUTY TO : 28 (1) STUDY AND RESEARCH THE EFFECTIVENESS OF BUILDING CHARACTER AMONG 29 STATE PUBLIC SCHOOL CHILDREN IN GRADES KINDERGARTEN THROUGH TWELVE; 30 (2) STUDY, EXPLORE, AND RESEARCH FUTURE MEASURES FOR DIFFERENT CHARAC- 31 TER TRAITS; 32 (3) PROPOSE SPECIFIC PROGRAMS AND A PLAN TO ALLOCATE RESOURCES TO 33 DEVELOP AND GROW CHARACTER AMONG ALL PUBLIC SCHOOL STUDENTS; 34 (4) STUDY, EXPLORE AND PROPOSE A PLAN TO IMPLEMENT THE CHARACTER TRAIT 35 MEASURES THAT MAY BE ONE OF THE CONSIDERED FACTORS FOR GRADE ADVANCE- 36 MENT; 37 (5) STUDY, EXPLORE AND PROPOSE MEASURES TO INCORPORATE DIGITAL PLAT- 38 FORMS; 39 (6) ESTABLISH, PUBLISH AND PUBLICIZE A PROPOSAL FOR THE IMPLEMENTATION 40 OF A PILOT PROGRAM AND/OR A STATE-WIDE INITIATIVE CONCERNING THE BUILD- 41 ING OF CHARACTER AMONG STATE PUBLIC SCHOOL CHILDREN IN GRADES KINDERGAR- 42 TEN THROUGH TWELVE AND PROVIDE RECOMMENDATIONS GERMANE TO THE DEVELOP- 43 MENT OF SUCH PROGRAMS IN SCHOOLS; 44 (7) PREPARE AND DELIVER A REPORT CONCERNING THE COMMISSION'S FINDINGS 45 AND RECOMMENDATIONS AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION; 46 (8) RAISE FUNDING FOR THE NEW YORK CHARACTER DEVELOPMENT FUND ESTAB- 47 LISHED BY SECTION NINETY-NINE-V OF THE STATE FINANCE LAW; AND 48 (9) TAKE SUCH OTHER ACTIONS AND MEASURES AS MAY BE NECESSARY TO IMPLE- 49 MENT THE PROVISIONS OF THIS SECTION. 50 (B) AS USED IN THIS SECTION, "CHARACTER" REFERS TO THE SOFT AND 51 EMOTIONAL SKILLS THAT ARE PROVEN TO PRODUCE SUCCESSFUL LEADERS, INCLUD- 52 ING, BUT NOT LIMITED TO GRIT, ZEST, PERSEVERANCE, CURIOSITY, SELF-CON- 53 TROL, TENACITY, OPTIMISM, GRATITUDE, AND SOCIAL INTELLIGENCE. 54 5. COMMISSION RECOMMENDATIONS. ON OR BEFORE JUNE THIRTIETH, TWO THOU- 55 SAND SIXTEEN, THE COMMISSION SHALL TRANSMIT TO THE GOVERNOR, THE TEMPO- 56 RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY S. 6366 3 1 LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY AND THE BOARD 2 OF REGENTS A REPORT CONCERNING ITS FINDINGS AND RECOMMENDATIONS, WHICH 3 SHALL INCLUDE SPECIFIC RECOMMENDATIONS FOR IMPLEMENTATION OF A PROPOSED 4 PILOT PLAN OR STATE-WIDE INITIATIVE CONCERNING THE BUILDING OF CHARACTER 5 AMONG STATE PUBLIC SCHOOL CHILDREN IN GRADES KINDERGARTEN THROUGH TWELVE 6 AND PROVIDE RECOMMENDATIONS. UPON THE TRANSMISSION OF THE REPORT TO THE 7 GOVERNOR AND THE LEGISLATURE THE COMMISSION SHALL BE DISSOLVED. 8 S 2. The state finance law is amended by adding a new section 99-v to 9 read as follows: 10 S 99-V. NEW YORK CHARACTER DEVELOPMENT FUND. 1. THERE IS HEREBY ESTAB- 11 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION- 12 ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK 13 CHARACTER DEVELOPMENT FUND". 14 2. SUCH FUND SHALL CONSIST OF ALL MONIES CREDITED OR TRANSFERRED THER- 15 ETO FROM THE GENERAL FUND OR FROM ANY OTHER FUND OR SOURCES PURSUANT TO 16 LAW. NOTHING CONTAINED HEREIN SHALL PREVENT THE DEPARTMENT OF EDUCATION 17 FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS 18 DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO 19 LAW. EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, MONIES OF 20 THE FUND SHALL NOT BE CO-MINGLED WITH ANY OTHER FUND. 21 3. MONIES OF THE FUND SHALL BE EXPENDED FOR THE PURPOSES OF CARRYING 22 OUT THE PROVISIONS OF SECTION ONE HUNDRED FORTY-ONE OF THE EDUCATION 23 LAW. 24 4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF 25 THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE CHAIR OF 26 THE NEW YORK CHARACTER DEVELOPMENT COMMISSION. 27 5. UPON THE DISSOLUTION OF THE NEW YORK CHARACTER DEVELOPMENT COMMIS- 28 SION, ANY MONIES REMAINING IN THE FUND SHALL BE DEPOSITED INTO THE 29 GENERAL FUND PURSUANT TO THE PROVISIONS OF SECTION SEVENTY-TWO OF THIS 30 ARTICLE. 31 S 3. Severability clause. If any clause, sentence, paragraph, subdivi- 32 sion, section or part of this act shall be adjudged by any court of 33 competent jurisdiction to be invalid, such judgment shall not affect, 34 impair, or invalidate the remainder thereof, but shall be confined in 35 its operation to the clause, sentence, paragraph, subdivision, section 36 or part thereof directly involved in the controversy in which such judg- 37 ment shall have been rendered. It is hereby declared to be the intent of 38 the legislature that this act would have been enacted even if such 39 invalid provisions had not been included herein. 40 S 4. This act shall take effect immediately and shall expire and be 41 deemed repealed June 30, 2016.