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(b) determine that necessary and appropriate technical assistance has been provided without significant improveinent in the activities of the corporation; and

(c) provide the corporation with written notice, at least ninety days in advance, of its intent to terminate, not renew or not extend the contract and provide the corporation with an opportunity to appear and be heard before the division wi respect to the reasons for such proposed termination, non-renewal or non-extension.

7. The division shall establish, for renewal of contracts, a procedure which provides the corporation with at least ninety days notice of the corporation's obligations and rights in that process, informs the corporation of the amount of the renewal contract, and facilitates the timely execution of the contract and disbursement of funds.

§ 8. Section 1005 of the private housing finance law, as added by chapter 347 of the laws of 1980,‘is amended to read as follows:

$ 1005. Enforcement of standards for contract performance. 1. The division shall by regulation provide for [the review, at periodic intervals, which shall as far as possible be coincidental with payment periods, of the performance of corporations under contracts pursuant to this article. Such reviews shall include evaluation of the quality of the activities performed, the conformity thereof to contract provisions and the financial integrity and efficiency of the corporation. Contracts pursuant to this article may be modified and renegotiated from time to time as circumstances may require. Any contract pursuant to this article may be terminated by the commissioner upon a finding of substantial noncompliance or other breach of its terms by the corporation) formal evaluation of the performance of a corporation to determine its progress in achieving the objectives outlined in the annual housing preservation and community renewal plan contained in its contract with the division. Such evaluation shall include a review of the efforts of the corporation to execute each of the components of its plan and consultation between the corporation and the division regarding the findings of the division relative to performance. The division shall provide

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be provided technical assistance determined to be necessary by the division to improve the ability of the corporation to execute each of the сотроnents of its plan. Such evaluation and determination of the need for technical assistance shall consider the financial and staff resources of the corporation for the period evaluated and any special considerations which may have had an impact on performance during the period.

2. If the division determines that a corporat ion has not made suffi-
cient progress toward achieving the objectives of its annual housing
preservation and community renewal plan the division shall conduct å
site visit to review these findings and, if warranted, shall place the
corporation on probation.
3. The division shall terminate or not renew or not extend a contract
in accordance with provisions of

subdivision

of section thousand three of this article if the commissioner determines that the performance of a corporation is not sufficient to merit continued participation in the program.

4. Notwithstanding the foregoing, the commissioner may terminate any contract upon a finding of substantial non-compliance or other substantial breach of the contract.

§ 9. Section 1007 of the private housing finance law,, as amended by chapter 668 of the laws of 1985, is amended to read as follows:

1007. Rules and regulations. The commissioner shall (issues) issue rules and regulations for the administration of this article. Such rules and regulations shall include provisions concerning requirements as to eligibility for contracting with the commissioner; the form of applications for contracts; supervision and evaluation of corporations which contract with the commissioner including standards and performance Criteria for continued, increased or decreased funding to insure the Corporations meet the objectives of this article

and the objectives outlined in their housing preservation and community renewal plans; reporting, budgeting and record keeping requirements; provisions

for renegotiation, modification, termination, extension and renewal of contracts, which provisions shaủl include thé bases for funding increases from the preceding contract including, but not be limited to, performance which exceeds minimum performance criteria and provisions for probationary periods where appropriate; provisions for technical services EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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and assistance to such corporations within the limits of available
funding; protection of the interests of tenants in buildings owned or
managed by such corporations; and may include any provisions, not incon-
sistent with the provisions of this article or other applicable law,
which the commissioner deems necessary, or appropriate to carry out the
policy and purposes of this article. Such rules and regulations shall
prohibit any, corporation receiving funds under contracts entered into
pursuant to this article (i) from engaging in any activities promoting
any political candidate or party or (ii) from expending any such funds
in activities the purpose of which is to influence legislation.
§ 10. This act shall take effect immediately.

CHAPTER 400

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AN ACT to adjust certain state aid payments to the Amityville union free

school district and the Lindenhurst union free school district
Became a law July 17, 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 Assem-
bly, do enact as follows:

Section 1. Notwithstanding any contrary provision of law, the state supplemental aid payment made to the Amityville union free school district in June, 1990 which had been based on incorrect years' valuation data, which included an excess payment of which the district has been notified, and for which a recovery must be made by the state through deduction from future aid payments, shall be reduced through aid deductions totaling the excess, by deducting one-fifth of the excess payment from each of the payments due in the months of June 1992, 1993, 1994, 1995 and 1996, provided, however, there shall be no interest' penalty against such district assessed or collected by the state.

§ 2. Notwithstanding any contrary provision of law, the state supplemental aid payment made to the Lindenhurst union free school district during

the 1990-1991 school year which had been based on incorrect years' valuation data, which included an excess payment of which the district has been notified, and for which a recovery must be made by the state through deduction from future aid payments, shall be reduced through aid deductions totaling the excess, by deducting one-fifth of the excess payment from each of the payments due in the months of June 1992, 1993, 1994, 1995 and 1996 provided, however, no interest penalty shall be assessed against such district or collected by the state.

§ 3. This act shall take effect immediately.

CHAPTER 401

AN ACT to amend the court of claims act, in relation to the powers of

non-judicial personnel
Became a law July 17, 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 Assem-
bly, do enact as follows:

Section 1. Section 5 of the court of claims act is amended by adding a new subdivision 1-a to read as follows:

1-9. The clerk of the court and such other non-judicial personnel as shall be authorized by law, rule or order shall each have the power

to administer oaths, take acknowledgments and sign the process or mandate of the court.

§ 2. This act shall take effect immediately.

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AN ACT to authorize the city of Oneonta to discontinue the use of

certain park lands and to convey such lands Became a law July 17, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution 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. Notwithstanding any inconsistent general, special or local law, the city of Oneonta, county of Otsego, acting by and through the legislative body of such city, is hereby authorized and empowered to discontinue the use as park lands and to sell and convey to the owners of real property adjacent to such park lands, upon such terms and conditions and for such consideration therefor, of whatever type, as it shall deem appropriate, the lands described in section two of this act, which bad been acquired, reserved or designated by the city for park and recreational purposes and are no longer used or useful for such purposes. Provided, however, that the total market value of all currency and/or real property received for such park lands shall equal or exceed the fair market value of the lands described in section two of this act. Furthermore, any and all net proceeds and/or real property received from the sale of such lands shall be used for the expansion and capital improvement of Wilber park. Such city is authorized to execute and deliver à deed or deeds of conveyance of valid title in fee simple of such real property.

ģO 2. The lands to be conveyed by the City of Oneonta pursuant to this
act are located, bounded and described as follows:

ALL THAT TRẢCT OR PARCEL OF LAND situate in the City of Oneonta,
County of Otsego, State of New York, being part of Wilber Park in said
City, more particularly bounded as follows:

Beginning at a point marked by a steel rod at the southeast corner of
the lands of George W. and Wava ť. Cuyler and the northeast border of
the lands of Patricia M. Desmond; running thence N 13° 44' 56" E a
distance of 180 feet to a point; running, thence S 540

46' 05" E distance of 28 feet more or less to a point; running thence along a line to the point or place of beginning, containing .075 acres of land or less.

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AN ACT to amend the education law, in relation to authorizing a board of
education or board of trustees to provide for pupil transportation in
child safety zones
Became a law July 17, 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 Assem-
bly, do enact as follows:
Section 1. Section 3635-b of the education law, as added by chapter 69
of the laws of 1992, is amended to read as follows:

§ 3635-b. Authorization to provide pupil transportation in child safety zones. 1. This section shall apply where the board of education or trustees of common,

central, central high school or union free school district adopts a resolution to make transportation in child EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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safety zones available to resident pupils for a particular school year. Such resolution shall continue in effect for subsequent school year's until the board adopts a resolution providing otherwise.

2. A board of education or board of trustees is authorized to adopt a resolution (or resolutions) providing for pupil transportation in child safety zones, subject to voter approval, where applicable, of a proposition to expend money for such transportation presented pursuant to the provisions

of subdivision nineteen of section two thousand twenty-one and section two thousand twenty-two of this chapter. Such transportation may be provided without regard to like circumstances based solely upon the fact that the pupil resides within two miles, in the case of a pupil in grade kindergarten through eight, and within three miles, in the case of a pupil in grade nine through twelve, from the school such pupil legally attends, notwithstanding the provisions of section thirty-six hundred thirty-five of this article. Such transportation may be provided upon the determination by the board that a hazardous zone exists which in the opinion of the board would be reasonably alleviated by the establishment of child safety, zone. For purposes of this section, child şafety zone means a designated area of a school district, including at least

personal residence, within which children who reside at a lesser distance from the school they legally attend than the minimum transportation limit of the district will be provided transportation on the basis that their most direct walking route to school will traverse a hazardous zone.

[2] 3. The commissioner of transportation shall establish regulations for determination of a hazardous zone including, but not limited such factors as the existence or nonexistence of sidewalks or walkways, the type of road surface, width of road, footpath or sidewalk, the volume and average speed of traffic, density of population, the commercial, industrial or residential character of the area and the existence or nonexistence of traffic safety features such as traffic lights, street lights and traffic patrols., In preparing such regulations, the commissioner of transportation shall consult with the commissioners of education and motor vehicles and representatives from the state police who have traffic safety responsibilities. Such regulations shall be used by_boards of education in determining whether a hazardous zone exists.

[3] 4. The board of education of any school district shall, upon written petition of a parent or (guardian) other person in parental relation of child [attending school] residing within such district or of any representative authorized by such parent or [guardian] other person in parental relation, signed by twenty-five qualified voters of the district or five percent of the number of voters who voted in the previous annual election of the members of the board of education, whichever is greater, make an investigation to determine whether a hazardous zone exists requiring the establishment of a child safety zone. Petitions shall specify the geographic boundaries comprising the proposed hazardous zone and any child safety zone requested. Petitions and/or additional written requests from individual parents

persons in parental relation requesting designation of an area as a child safety zone in conjunction with any proposed or existing hazardous zone may be submitted that such petitions and/or requests shall not be submitted later than the first day of [April] March preceding the school year [in] for which transportation is requested. The school board shall make its determination before the board presents the budget for the school year [in] for which transportation is requested, (A petitioner] The parent or other person in parental relation of a child not residing in the district (such date] the first day of March may submit a [petition] request within thirty days after establishing residence in the district, but in no event later than the first day of [August preceding] Juịy of the [next] school year [in] for which transportation is

requested

and the board shall make its determination within thirty days of receipt of such [petition] request.

[4] 5. The board of education or board of trustees of any school district may directly, or by appointment of an advisory Committee, make investigation to determine if a hazardous zone exists within such district. Such investigation shall be made pursuant to the regulations of the commissioner of transportation and shall include consultation with state or cal transportation authorities and the investigation of other, less costly, reasonable alternatives to the_[determination that a hazardous] creation of a child safety zone [exists]. If, after such investigation, the board shall determine that a hazardous zone exists which can be reasonably alleviated, in the opinion of the board (and

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local transportation officials or the advisory committee), only by establishing a child safety

and providing transportation in and through such child safety zone, and that no reasonable, less costly alternatives to such transportation exist to alleviate the situation, the board, [may consider such child safety zone proposal as a proposition to expend money, subject to the provisions of section two thousand twentytwo of this chapter. The establishment of a child safety zone may be made:

(a) on a case by case basis upon receipt of a petition, as provided in subdivision three of this section, from the pupil's parent, guardian representative authorized by such parent or guardian; or

(b) by designating a particular area as an area within which the resident pupils who attend designated schools may receive such transportation upon the receipt of a petition as provided in subdivision three of this section, from the parent, guardian representatives of such pupils] shall present a separate proposition to expend money for transportation in child safety zones at the annual district meeting pursuant to the provisions of sections two thousand twenty-one and two thousand twenty-two of this chapter. Notwithstanding any other provision of law, à proposition for transportation pursuant to this section shall not be submitted at a special district meeting except as provided in subdivision six of this section.

6. Where the trustees or board of education determines after the annual district meeting is held that the designation of a

hazardous safety zone is needed as a result of a change in circumstances that was unknown to the board and not reasonably foreseeable at the time

of the annual meeting, the trustees or board of education may call a special district meeting to vote on a proposition to expend money for transpor; tation in child safety zones. The trustees or board of education shall establish procedures for submission of petitions and requests by individual parents

persons in parental relation for the designation of child safety zones in conjunction with the proposed hazardous zone.

7. Whenever a school board determines that a hazardous safety zone exists or that a child safety zone should be established, it shall notify the petitioner,, each requestor of a child safety zone and any state or local entity with jurisdiction over roadways property within

such [5] 8. The board of education or board of trustees shall conduct a public hearing with appropriate public notice, upon the board's determination that a hazardous

longer exists or that the need for continuation of a child safety zone has been alleviated and that such designation is to be rescinded[, provided, however, that upon adoption of a contingent budget, any child' safety zone previously established shall automatically cease]. Within twenty days after the public hearing, the board shall, by resolution, determine that a hazardous zone continues to exist or no longer exists and that the need for continuation of a child safety zone has or has not been alleviated and that

the designation is or is not rescinded. [Upon adoption by the board of such resolution, petitions for designation of the same area as a hazardous zone may be submitted pursuant °to the provisions of subdivision three of this section.

6] 9. In the event that the school board determines that a hazardous
zone does not exist, or that other, less costly, reasonable alternatives
to the establishment of a child safety zone exist and may be used to al-
leviate the situation, it shall fully state the reasons for such deter-
sination in writing to the petitioner.
[?] 10. The cost of providing transportation, pursuant to the provi
sions of this section, shall not be an ordinary contingent expense and
shall not be included as an item of expense for purposes of determining
zhe transportation quota of such district. Furthermore, no change shall
be made for transportation aid for such district due to the addition or
subtraction of non-quota pupils required for the elimination of hazard.
(8) 11. If voters shall reject à proposition on the transportation of
children in child safety zones for the school year in which establish-
pent of a child safety zone is being considered, the district shall not
be authorized to establish child safety zones for that school year.
[9] 12. Nothing in this section shall be construed to impose a duty
upon school boards to provide transportation services pursuant to this
section nor shall any board of education or board of trustees be held
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