Bill Text: NY S02521 | 2009-2010 | General Assembly | Introduced

---

Bill Title: Provides that regulatory mandates imposed upon a school district shall not take effect until the subsequent school year.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO EDUCATION [S02521 Detail]

Download: New_York-2009-S02521-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2521
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 23, 2009
                                      ___________
       Introduced by Sens. LAVALLE, O. JOHNSON -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Education
       AN ACT to amend the education law, in relation to regulatory mandates
         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. REGULATORY MANDATES. 1. AS USED IN THIS SECTION, "REGULATORY
    4  MANDATE" MEANS ANY RULE, REGULATION, ORDER, OR  ADMINISTRATIVE  GUIDANCE
    5  BY  THE BOARD OF REGENTS, COMMISSIONER, OR AN EMPLOYEE OF THE DEPARTMENT
    6  THAT REQUIRES A SCHOOL DISTRICT TO CREATE  A  NEW  PROGRAM,  REQUIRES  A
    7  HIGHER  LEVEL OF SERVICE FOR AN EXISTING PROGRAM, OR ALTERS A PROGRAM OR
    8  A SERVICE IN A MANNER THAT INCREASES THE OPERATIONAL COST  TO  A  SCHOOL
    9  DISTRICT.
   10    2.   IN THE EVENT THAT A REGULATORY MANDATE THAT IMPOSES A COST UPON A
   11  SCHOOL DISTRICT AND IS ACTED UPON OR PROMULGATED BY THE REGENTS, COMMIS-
   12  SIONER, OR AN EMPLOYEE OF THE DEPARTMENT AFTER THE ADOPTION OF A  SCHOOL
   13  BUDGET,  SUCH  REGULATORY MANDATE SHALL NOT TAKE EFFECT UNTIL THE SUBSE-
   14  QUENT SCHOOL YEAR FOR WHICH SUCH SCHOOL BUDGET WAS ADOPTED.
   15    3. NOTWITHSTANDING SUBDIVISION  TWO  OF  THIS  SECTION,  A  REGULATORY
   16  MANDATE MAY BE IMPOSED IF:
   17    (A)  THE  REGULATORY  MANDATE  IS PROVIDED AT THE OPTION OF THE SCHOOL
   18  DISTRICT UNDER A REGULATION, RULE,  ORDER,  OR  ADMINISTRATIVE  GUIDANCE
   19  THAT IS PERMISSIVE RATHER THAN MANDATORY;
   20    (B)  THE  REGULATORY MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECU-
   21  TIVE ORDER OF THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
   22    (C) THE REGULATORY MANDATE IS REQUIRED BY STATUTE OR  EXECUTIVE  ORDER
   23  THAT  IMPLEMENTS  A  FEDERAL  LAW  OR  REGULATION AND RESULTS FROM COSTS
   24  MANDATED BY THE FEDERAL GOVERNMENT TO  BE  BORNE  AT  THE  LOCAL  LEVEL,
   25  UNLESS  THE  STATUTE  OR  EXECUTIVE ORDER IMPOSES COSTS WHICH EXCEED THE
   26  COSTS MANDATED BY THE 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.
                                                                  LBD07843-01-9