Relates to the rededication of unused funds in the New York state local government records management improvement fund to such fund

Section 2 is the effective date.

Existing law

Section 97-i of the State Finance law creates the New York State Local Government Management Improvement Fund consisting of revenues derived from the imposition of certain Department of Motor Vehicle fees issued by county clerks' offices.

The fees supporting the New York State Local Government Management Improvement Fund are pursuant to §§ 8018(a)(3), 8021(a)(4)(b), 8021(b)(11)(b) of the Civil Practice Law and Rules, § 7-614(1) of the New York City Administrative Code, and § 57.35 of the Arts and Cultural Affairs Law. These fees include, index number fees, fees for services rendered by a clerk in his or her capacity as clerk of the supreme or county court, and fees for filing federal tax lien payments.

Section 57.35 of the Arts and Cultural Affairs Law provides the grant program for local government records management improvement. This section authorizes the Commissioner of Education, upon consultation with the local government records advisory council to award grants for records management. The commissioner is charged with promulgating the rules and regulations setting forth the criteria and procedures necessary to award such grants. This section also provides certain criteria that must be included in the competitive grant program.

Justification

Electronic records management is a major challenge for local governments and is generally the weakest part of most local government records management programs. The New York State Local Government Records Management Improvement Fund grant program is designed to help local governments address their electronic records management needs. The goal of the grant is to finance projects addressing electronic records management issues and produce results, best practices, and models that can be replicated, are scalable, or can be used more broadly in other governments or groups of governments of all types and sizes. This legislation ensures that remaining funds in the Records Management Improvement Fund are rededicated to the Fund in support of the fund's objectives.

In the past, unused funding from the Records Management Improvement Fund was diverted into the State's general fund to address any short falls in the state's budget. This redirection of funding caused a significant reduction in future grants programs. Diverting the dedicated funds to other State operations is contrary to the

commitment made by the leaders of our state that these fees would be dedicated to the improvement of records management.

The Fund is collected by counties and used to support grant programs aimed at improving records management by New York State's local governments. It is a competitive program, awarding grants based on the merits of applications. The amount of grant funding available each year depends on the number of documents recorded and index numbers assigned that year.

These adverse effects of sweeping the Fund will be prevented by the mandatory rededication of unused funds to the New York State Local Government Records Management Improvement Fund. Ensuring that the unused funding is rededicated to the Fund for the purpose of supporting the Fund's grants program is essential to the proliferation of the program and resolving the challenging issues related to electronic records management. For the aforementioned reasons it is essential that this bill is enacted.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.