Bill Text: NY A07701 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that state mandates shall not be implemented in school districts after such district has passed a budget; provides that any such mandates shall be implemented in the following fiscal year.

Spectrum: Strong Partisan Bill (Republican 14-1)

Status: (Introduced - Dead) 2014-01-08 - referred to education [A07701 Detail]

Download: New_York-2013-A07701-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7701
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 31, 2013
                                      ___________
       Introduced  by  M. of A. WALTER, CORWIN, GRAF, STEC, RAIA, FINCH, NOJAY,
         BORELLI, LUPINACCI -- Multi-Sponsored by -- M. of A. BARCLAY,  DUPREY,
         HAWLEY -- read once and referred to the Committee on Education
       AN ACT to amend the education law, in relation to the effect of mandates
         on school districts
         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  308-a
    2  to read as follows:
    3    S  308-A.  SPECIAL  PROVISIONS;  MANDATES. 1. AS USED IN THIS SECTION,
    4  "MANDATE" MEANS (A) ANY STATE LAW, RULE OR REGULATION  WHICH  CREATES  A
    5  NEW  PROGRAM  OR  REQUIRES  A  HIGHER  LEVEL  OF SERVICE FOR AN EXISTING
    6  PROGRAM WHICH A SCHOOL DISTRICT, ORGANIZED EITHER  BY  SPECIAL  LAWS  OR
    7  PURSUANT TO THE PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE, OR
    8    (B)  ANY  GENERAL  LAW  WHICH  GRANTS  A NEW PROPERTY TAX EXEMPTION OR
    9  INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION  WHICH  ANY  SUCH  SCHOOL
   10  DISTRICT IS REQUIRED TO PROVIDE.
   11    2.  IN  THE  EVENT  THAT  A MANDATE WHICH IMPOSES A COST UPON A SCHOOL
   12  DISTRICT IS CREATED AFTER THE ADOPTION OF A SCHOOL BUDGET, SUCH  MANDATE
   13  SHALL  NOT BE IMPLEMENTED UNTIL THE FOLLOWING YEAR FOR WHICH SUCH SCHOOL
   14  BUDGET WAS ADOPTED.
   15    3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE CAN
   16  BE IMPOSED IF:
   17    (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER
   18  A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATO-
   19  RY;
   20    (B) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER  OF
   21  THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
   22    (C)  THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
   23  MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
   24  FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
   25  EXECUTIVE ORDER IMPOSES COSTS WHICH EXCEED THE  COSTS  MANDATED  BY  THE
   26  FEDERAL GOVERNMENT.
   27    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03725-01-3