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§ 238. Definitions. For the purposes of this article:

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1. "Minority area" shall mean a county with a non-white population of forty percent or more, or the service area of agency, corporation, facility or individual providing medical and/or health services whose non-white population is forty percent or more.

2. "Minority health care provider" or "minority provider" shall mean any agency, corporation, facility, or individual providing medical and/or health care services to residents of a minority area.

3. "Office" shall mean the office of minority health, as created pursuant to section two hundred thirty-eight-a of this article.

4. "Minority health council" shall mean that advisory body to the commissioner, created pursuant to the provisions of section two hundred thirty-eight-c of this article.

§ 238-a. Office of minority health created. There is hereby created an office of minority health within the state department of health. Such office shall:

1. Integrate and coordinate selected state health care grant and loan programs established specifically for minority health care providers and residents. As part of this function, the office shall develop a coordinated application process for use by minority providers, municipalities and others in seeking funds and/or technical assistance on pertinent minority health care programs and services.

2. Apply for grants, and accept gifts from private and public sources for research to improve and enhance minority health care services and facilities. The office shall also promote minority health research in universities and colleges.

3. Together with the minority health council, serve as liaison and advocate for the department on minority health matters. This function shall include the provision of staff support to the minority health council and the establishment of appropriate program linkages with related federal, state, and local agencies and programs such as the office of minority health of the public health service, the agricultural extension service and migrant health services.

4. Assist medical schools and state agencies to develop comprehensive programs to improve minority health personnel supply by promoting minority clinical training and curriculum improvement, and disseminating minority health career information to high school and college students. 5. Promote community strategic planning or new or improved health care delivery systems and networks in minority areas. Strategic network planning and development may include such considerations as personnel, capital facilities, reimbursement, primary care, long-term care, acute care, rehabilitative, preventive, and related services on the health con

tinuum.

6. Review the impact of programs, regulations, and health care reimbursement policies on minority health services delivery and access. $238-b. Preparation and distribution of reports. The department shall submit a biennial report to the governor and the legislature describing the activities of the office and health status of minority areas. The first such report shall be transmitted on or before September first, nineteen hundred ninety-four. Such report shall contain the following

information:

1. Activities of the office of minority health, expenditures incurred in carrying out such activities, and anticipated activities to be undertaken in the future.

2. Progress in carrying out the functions and duties listed in section two hundred thirty-eight-a of this article.

3. An analysis of the health status of minority citizens and the status of minority health delivery systems. Such analysis shall be conducted in cooperation with the minority health council and other interested agencies.

4. Any recommended improvements to programs and/or regulations that would enhance the cost effectiveness of the office, and programs intended to meet the health care needs of minority citizens.

Minority health council. 1. Appointment of members. There shall be established in the office of minority health a minority health council to consist of the commissioner and fourteen members to be appointed by the governor with the advice and consent of the senate. Membership on the council shall be reflective of the diversity of the

EXPLANATION-Matter in italics is new; matter in brackets [] is old law

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state's population including, but not limited to, the populations throughout the state.

2. Terms of office; vacancies. a. The terms of office of members of the minority health council shall be six years. The members of the council shall continue in office until the expiration of their terms and until their successors are appointed and have qualified. Such appointments shall be made by the governor, with the advice and consent of the senate, within one year following the expiration of such terms.

b. Vacancies shall be filled by appointment by the governor for the unexpired terms within one year of the date upon which such vacancies occur. Any vacancy existing on the effective date of paragraph c of this subdivision shall be filled by appointment within one year of such effective date.

C. In making appointments to the council, the governor shall seek to ensure that membership on the council reflects the diversity of the state's population including, but not limited to the various minority populations throughout the state.

3. Meetings. a. The minority health council shall meet as frequently as its business may require, and at least twice in each year.

b. The governor shall designate one of the members of the public health council as its chair.

4. Compensation and expenses. The members of the council shall serve without compensation other than reimbursement of actual and necessary expenses.

5. Powers and duties. The minority health council shall, at the request of the commissioner, consider any matter relating to the preservation and improvement of minority health, and may advise the commissioner thereon; and it may, from time to time, submit to the commissioner, any recommendations relating to the preservation and improvement of minority health.

§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law, provided that any rule or regulation necessary for the timely implementation of this act on its effective date shall be promulgated on or before such date.

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CHAPTER 758

AN ACT to create the New York state archives partnership trust and to provide for the powers and duties thereof

Became a law July 31, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The New York state archives partnership trust act is enacted to read as follows:

NEW YORK STATE ARCHIVES PARTNERSHIP TRUST ACT

Section 1. Legislative findings and purpose.

2. Short title.

3.

Definitions.

4. New York state archives partnership trust board.
5. Powers and duties of the trust board.

6. Authorized expenditures.

7. New York state archives partnership trust fund.

Section 1. Legislative findings and purpose. The legislature finds that the archival records of state government are vital and irreplaceable. They protect our rights as citizens, ensure government accountability to the future, and enable us to pass New York's past and present to our children and our children's children. They are essential for education, scholarship, and public programs. Unfortunately, present conditions threaten the survival and severely limit the use of this basic

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LAWS OF NEW YORK, 1992

3899

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source for the history of New York state as a government and a people.
Therefore, it is the purpose of this act to insure the survival and
availability of the archival records of New York's colonial and state
government that were created prior to the opening of the New York state
archives in nineteen hundred seventy-eight. To accomplish this, a New
York state archives partnership trust is created in order to: create an
endowment to help preserve such archival records or the information
them and to make them accessible through research, exhibits and public
programs; make possible special projects regarding such archival rec-
ords; inform the citizens of New York about the status, availability and
potential uses of the archives of state government; and create a part-
nership among the three branches of state government and the broader
Community for continuing advice and support on state government records
of enduring value to the people of the state, the nation and the world.
§ 2. Short title. This act shall be known as the "New York state ar-
chives partnership trust act".

§ 3. Definitions. As used in this act:

1. "Trust board" or "board" means the New York archives partnership trust board established pursuant to section four of this act.

2. "Trust fund" or "fund" means the New York state archives partnership trust fund established pursuant to section seven of this act.

§ 4. New York state archives partnership trust board. 1. There is hereby established the New York state archives partnership trust board, a body corporate and politic constituting a public benefit corporation. The board shall consist of eighteen members, appointed as follows: four members appointed by the governor, including one member of his staff; two members appointed by the speaker of the assembly who shall be one member of the assembly and one private citizen; one member appointed by the minority leader of the assembly who shall be a private citizen; two members appointed by the majority leader of the senate who shall be one member of the senate and one private citizen; one member appointed by the minority leader of the senate, who shall be a private citizen; four members appointed by the chief judge of the court of appeals who shall be one member of the judiciary and three private citizens; and four members appointed by the commissioner of education. Members shall be appointed for their interest in the history of New York, especially of its government; their knowledge and experience regarding resources for cultural and educational programs; and their support for the purposes of the archives partnership trust. The first chair shall be designated by the commissioner of education for two years. Thereafter, the board shall elect its own chair each two years. Initial appointments shall be for staggered terms; appointments by the governor and the chief judge shall be for three year terms; appointments by the legislative leaders shall be for two year terms; appointments by the commissioner of education shall be for one year terms. All subsequent terms shall be for three years. Members may be reappointed and may serve two consecutive full terms but not more than eight consecutive years. Each member shall continue in office until such member's successor has been appointed and qualifies. In the event of a vacancy occurring in the office of any member, other than by the expiration of a member's term, such vacancy shall be filled for the balance of the unexpired term, if applicable, in the same manner as the original appointment. Members from government shall be replaced if they leave government service; a new appointee shall serve for the unexpired term of the departing member and may be reappointed.

2. Board members shall serve without compensation for their work. Travel and meeting expenses may be compensated for members of the board and for bodies created pursuant to paragraph i of subdivision two of section five of this act.

3. The director of the state archives and records administration shall serve as the executive officer for the trust board.

4. The annual proposed budget and work plan for operation of the board itself, including conduct of the initial development campaign, and to support preservation, access, public programs and other activities shall be prepared by the executive officer in consultation with members of the board or experts as may be necessary and approved by the board.

§ 5. Powers and duties of the trust board. 1. The trust board shall: a. Oversee, and participate actively in, a campaign to secure private and public funds to create an initial endowment.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

b. Review and approve a budget request and work plan annually for the operation of the board and for the use of trust funds to support the purposes of the trust fund.

C. Report to the governor and the legislature at least every three years as to the activities of the trust including information pertaining to fund raising, expenditures and projects undertaken and the sufficiency of the principal to generate interest adequate to achieve the purposes of the trust.

2. The trust board shall have the power:

a. To make bylaws for the management and regulation of its affairs. b. To sue and be sued.

C. To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this

act.

d. To appoint officers, agents and employees, and prescribe their duties and qualifications and fix their compensation. e. To utilize, to the extent feasible, after consultation with the state division of the budget, the staff and facilities of existing state agencies.

f. To contract for professional and technical assistance and advice. g. To contract for and to accept assistance, including but not limited to gifts, donations including donations for specific designated proj: ects, grants, or loans of funds or personal property from the federal government or any agency or instrumentality thereof, or from any agency instrumentality of the state, or from any other public or private source and to comply, subject to the provisions of this act, with the terms and conditions thereof.

or

h. To adopt official bylaws.

i. To create committees, including an executive committee and special committees, to carry out its business effectively and may also create task forces, regional campaign committees, and other bodies made up of individuals beyond its own members to assist in the work of the board.

j.

To exercise and perform such other powers and duties as shall have been or may be from time to time conferred by law.

§ 6. Authorized expenditures. The trust board may make expenditures from the trust fund, subject to availability of fund monies, provided they are within a budget approved by the board and are not otherwise restricted by law, for the following purposes:

1. Support for a development campaign to obtain donations from nonstate government sources including private citizens, foundations, organizations and the federal government and for expenses for the meetings and operation of the board and the trust.

2. Internships to students in New York who are preparing for careers in preservation, archives and public programs and fellowships to expert practitioners in preservation, archives and public and educational programs under the direction of the director of state archives and records administration.

3. Hiring expert staff in preservation, archives and public and educational programs under the direction of the director of state archives and records administration.

4. Purchase of supplies and services and purchase or lease of equipment needed for activities authorized by this act.

§ 7. New York state archives partnership trust fund. 1. There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance a special fund to be known as the "New York state archives partnership trust fund", hereinafter referred to as the trust fund or fund. The comptroller shall establish the following three separate and distinct accounts within the New York state archives partnership trust fund; the endowment account, special project account and operation and maintenance account.

2. Moneys in the trust fund shall consist of appropriations therefor and donations which may include stocks, bonds and insurance. Any interest received by the comptroller on moneys on deposit in the trust fund shall be retained in and become part of the trust fund. 3. Moneys in the endowment account may be used for operation of the New York state archives partnership trust board and for the development campaign only during the first three years following the appointment of the New York State archives trust board, following appropriation by the legislature. Thereafter, interest earned on the principal may be drawn on for operation of the board and for the other purposes this act following appropriation by the legislature. After the ten mil lion dollars for the basic endowment has been secured, this principal

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shall remain intact until archival documents created prior to opening of the state archives in nineteen hundred seventy-eight have been preserved and made accessible. When all eligible archival documents have been preserved and made readily accessible, the interest and principal may then begin to be used with the approval of the board, for preservation and access work on archival records acquired by the state archives after nineteen hundred seventy-eight and for public and educational programs drawing on any records in the state archives.

4. Moneys in the special project account shall be used for carrying out the special projects designated in the donation thereof.

5. The trust is intended to supplement, not replace or reduce, regular state appropriations to the state archives for its work on state archival records. The state may match the first five million dollars donated to the endowment account in any fiscal year following the receipt of moneys.

§ 2. This act shall take effect immediately and the appointments to the New York state archives partnership trust board shall be made no later than 3 months, following an appropriation made by the legislature for the purposes of this act.

CHAPTER 759

AN

ACT to amend a chapter of the laws of 1992, as proposed in legislative bill number S. 8770 and A. 11089, amending the public health law, the state finance law, the public officers law, the civil service law, the insurance law, the social services law and the public authorities law, relating to establishing a plan for the management and disbursement of clinical practice income at Roswell Park Cancer Institute; authorizing increased operating flexibility at such hospitals; and financing construction, renovation and rehabilitation of facilities for the department of health; and amending chapter 165 of the laws of 1991, amending the public health law, the insurance law and other laws relating to payments for medical assistance, relating to extending the effective date of such provision, in relation to amending chapter 54 of the laws of 1992 enacting the capital projects budget, in relation to the department of health facilities capital improvement fund

Became a law July 31, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. A chapter of the laws of 1992, amending the public health law, the state finance law, the public officers law, the civil service law, the insurance law, the social services law and the public authorities law, relating to establishing a plan for the management and disbursement of clinical practice income at Roswell Park Čancer Institute; authorizing increased operating, flexibility at such hospitals; and financing construction, renovation and rehabilitation of facilities for the department of health; and amending chapter 165 of the laws of 1991, amending the public health law, the insurance law and other laws relating to payments for medical assistance, relating to extending the effective date of such provision, in relation to amending chapter 54 of the laws of 1992 enacting the capital projects budget, as proposed in legislative bill numbers S. 8770 and A. 11089, is amended by adding a new section 19-a to read as follows:

§ 19-a.

The fourth undesignated paragraph of section 1 of chapter 54 of the laws of 1992, enacting the capital projects budget, is amended to read as follows:

The comptroller is hereby authorized and directed to temporarily loan money from the general fund or any other fund to the Federal Capital Projects Fund, the City University of New York Capital Projects Fund388, the Correctional Facilities Capital Improvement Fund-399, the Men

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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