Senate Bill S5716

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5716--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 1, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to enact the "framework for the future act"; to amend the educa-
  tion law, in relation to requiring the state to pay  one-half  of  the
  employer  contributions  to  the  New  York state teachers' retirement
  system (Part A); to amend the civil service law, in  relation  to  the
  provision  of a health insurance plan to the officers and employees of
  school districts and boards of cooperative educational  services,  and
  their  dependents (Part B); to amend the education law, in relation to
  public high cost excess cost aid; and to  repeal  subdivision  5-a  of
  section  3602  of such law relating to supplemental public excess cost
  aid (Part C); to direct state leaders to  lobby  for  greater  federal
  funding  of state public education (Part D); to direct the governor to
  establish a study group to evaluate and make recommendations  relating
  to  the  extent  to  which  state mandates exceed federal mandates; to
  amend the state finance law, in relation to requiring state reimburse-
  ment of localities for additional mandate expenses; and providing  for
  the repeal of certain provisions upon the expiration thereof (Part E);
  to  amend  the  legislative  law,  in relation to prohibiting unfunded
  mandates (Part F); to amend the legislative law, the executive law and
  the state administrative  procedure  act,  in  relation  to  requiring
  disclosure  of the cost and source of funding of any provision requir-
  ing a political subdivision of the state to  expend  additional  funds
  (Part  G);  to  amend  the education law, in relation to directing the
  commissioner of education  to  develop  and  implement  a  program  to
  provide  information,  expertise and assistance to school districts to
  facilitate consolidation (Part H); to amend the state finance law  and
  the  education  law, in relation to efficiency study grants for school
  districts (Part I); to amend the education law, in relation to expand-
  ing the authority of boards of  cooperative  educational  services  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD08146-06-0

S. 5716--A                          2

  provide  shared  services  to their component school districts; and to
  repeal subparagraph 2 of paragraph a of subdivision 4 of section  1950
  of such law relating to limitations on the compensation payable to the
  superintendent  of such board (Part J); to amend the education law, in
  relation to providing state aid to boards of  cooperative  educational
  services  for  career  and technical education (Part K); to direct the
  commissioner of education to establish a task  force  to  analyze  and
  report  on alternative methods of funding charter schools which do not
  reduce the funding of the school districts of residence; and providing
  for the repeal of such provisions upon expiration thereof (Part L); to
  amend the education law, in relation to providing state aid to  school
  districts  for  energy  cost  increases  (Part M); to amend the public
  authorities law, in relation to directing the power authority  of  the
  state  of  New  York  to  provide  financing  for  energy conservation
  improvements to schools (Part N);  to  amend  the  education  law,  in
  relation  to authorizing boards of cooperative educational services to
  operate regional transportation systems (Part O); to amend the  educa-
  tion  law,  in  relation  to  total foundation aid to school districts
  (Part P); to amend the education law, in relation to providing  trans-
  portation  aid  based upon school district expenses therefor (Part Q);
  to amend the education law, in relation to  increasing  reorganization
  incentive aid (Part R); to amend the education law, in relation to the
  financial  responsibility for state schools for the blind and the deaf
  (Part S); to amend the executive law, in  relation  to  directing  the
  department  of  audit  and  control  to  compile and publish an annual
  taxpayer report card (Part T); to amend the  state  finance  law,  the
  public  authorities  law and the general municipal law, in relation to
  requiring governmental entities to publish a detailed  copy  of  their
  proposed  budget not less than 30 days prior to approval thereof (Part
  U); to amend the executive law, in relation to directing  the  depart-
  ment  of audit and control to publish an annual report on the costs to
  municipal corporations of requirements imposed thereon by  state  law,
  rules and regulations (Part V); and to amend the state finance law and
  the  education  law,  in relation to appropriations for the support of
  school districts (Part W)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "framework for the future act".
  S 2. This act enacts into law major components  of  legislation  which
are necessary to reform real property taxation for the support of public
schools, and enhancing the efficiency and transparency of the funding of
public education. Each component is wholly contained within a Part iden-
tified  as  Parts  A  through  W. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision of any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section four  of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

S. 5716--A                          3

  Section  1. The education law is amended by adding a new section 521-a
to read as follows:
  S  521-A.  STATE CONTRIBUTIONS. 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, ON AND AFTER JULY FIRST, TWO THOUSAND TEN, THE STATE  SHALL  PAY
ONE-HALF  OF ALL EMPLOYER CONTRIBUTIONS, EXCEPT WHEN THE EMPLOYER IS THE
STATE OR A STATE AGENCY, REQUIRED TO BE MADE TO  THE  RETIREMENT  SYSTEM
PURSUANT  TO  THIS  ARTICLE  OR  ANY  OTHER  PROVISION  OF LAW REQUIRING
CONTRIBUTIONS TO THE RETIREMENT SYSTEM.
  2. THE STATE COMPTROLLER SHALL, BY RULE  OR  REGULATION,  ESTABLISH  A
SYSTEM  FOR  THE  PAYMENT  BY THE STATE OF THE CONTRIBUTIONS REQUIRED BY
SUBDIVISION ONE OF THIS SECTION.
  S 2. This act shall take effect immediately.

                                 PART B

  Section 1. Subdivision 1 of section 161 of the civil service  law,  as
amended  by  chapter  329  of  the  laws  of 1960, is amended to read as
follows:
  1. The president is hereby authorized  and  directed  to  establish  a
health  insurance plan for state officers and employees and their depen-
dents; and officers and employees of the state colleges of  agriculture,
home  economics, industrial labor relations and veterinary medicine, the
state agricultural experiment station at Geneva, and any other  institu-
tion or agency under the management and control of Cornell university as
the  representative  of the board of trustees of the state university of
New York, and the state college of ceramics  under  the  management  and
control of Alfred university as the representative of the board of trus-
tees  of  the state university of New York and their dependents; AND THE
OFFICERS AND EMPLOYEES OF SCHOOL DISTRICTS  AND  BOARDS  OF  COOPERATIVE
EDUCATIONAL  SERVICES, AND THEIR DEPENDENTS which, subject to the condi-
tions and limitations contained in this article, and in the  regulations
of  the  president, will provide for group hospitalization, surgical and
medical  insurance  against  the  financial  costs  of  hospitalization,
surgery, medical treatment and care, and may include, among other things
prescribed  drugs, medicines, prosthetic appliances, hospital in-patient
and out-patient service benefits and medical expense indemnity benefits.
  S 2. Subdivisions 1, 2, 4 and 7 of section 163 of  the  civil  service
law, subdivisions 1 and 4 as amended by chapter 329 of the laws of 1960,
subdivision 2 as amended by chapter 617 of the laws of 1967 and subdivi-
sion  7  as  amended  by chapter 198 of the laws of 1966, are amended to
read as follows:
  1. All persons in the service of the state, A  SCHOOL  DISTRICT  OR  A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, whether elected, appointed or
employed,  who  elect to participate in such health insurance plan shall
be eligible to participate therein, provided, however, that  the  presi-
dent  may  adopt  such  regulations as he may deem appropriate excluding
temporary, part time or intermittent employment.
  2. The contract or contracts shall provide for  health  insurance  for
retired  employees  of  the state; and of the state colleges of agricul-
ture, home economics, industrial labor relations  and  veterinary  medi-
cine, the state agricultural experiment station at Geneva, and any other
institution  or  agency  under  the  management  and  control of Cornell
university as the representative of the board of trustees of  the  state
university  of  New  York,  and  the state college of ceramics under the
management and control of Alfred university as the representative of the
board of trustees of the state university of New  York[,];  AND  OF  THE

S. 5716--A                          4

SCHOOL  DISTRICTS  AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES IN THE
STATE; and their spouses and dependent children as defined by the  regu-
lations of the president, on such terms as the president may deem appro-
priate,  PROVIDED,  HOWEVER,  THAT  FOR EMPLOYEES, AND THEIR SPOUSES AND
DEPENDENTS, THE EMPLOYER SCHOOL DISTRICT OR BOARD OF COOPERATIVE  EDUCA-
TIONAL  SERVICES SHALL PAY ONE-HALF OF THE EXPENSES OF ADMINISTRATION OF
THE PLAN AS DETERMINED BY THE PRESIDENT, and the president may authorize
the inclusion in the plan of the  employees  and  retired  employees  of
public  authorities,  public  benefit  corporations, [school districts,]
special districts, district corporations, municipal corporations exclud-
ing active employees and retired employees of cities having a population
of one million or more inhabitants whose compensation is or  was  before
retirement paid out of the city treasury, or other appropriate agencies,
subdivisions or quasi-public organizations of the state and their spous-
es  and  dependent  children as defined by the regulations of the presi-
dent. Any such corporation, district, agency or organization electing to
participate in the plan shall be required to pay its proportionate share
of the expenses of administration of the plan in  such  amounts  and  at
such  times as determined and fixed by the president.  All amounts paya-
ble for such expenses of administration shall be paid to the commission-
er of taxation and finance and shall be applied to the reimbursement  of
funds  previously advanced for such purposes.  Neither the state nor any
other participant in the plan shall be charged with the particular expe-
rience attributable to the employees of the participant, and  all  divi-
dends  or  retroactive  rate credits shall be distributed pro-rata based
upon the number of employees of such participant covered by the plan.
  4.  Any  public  authority,  public   benefit   corporation,   [school
district,]  special  district,  district  corporation,  municipal corpo-
ration, or other agency, subdivision or quasi-public organization of the
state, whose employees  and  retired  employees  are  authorized  to  be
included in the plan as provided by subdivision two OF THIS SECTION, may
elect to participate in such plan.  Any such election shall be exercised
by  the  adoption of a resolution by its governing body and, in the case
of any municipal corporation where a resolution of its governing body is
required by law to be approved by any other body or officer, such resol-
ution shall also be approved by such other body  or  officer.  Any  such
election  may  be made with respect to inclusion in the plan of both its
employees and its retired employees at the same time,  or  may  be  made
only  with  respect  to  its  employees  alone  and at another time with
respect to its  retired  employees.  Any  such  authority,  corporation,
district, agency, subdivision or organization making such election shall
become  a  participating  employer  under  such  plan, subject to and in
accordance with the regulations of the president relating thereto.
  7. For purposes of eligibility for participation in the health  insur-
ance plan no person shall be deemed to be a state officer or employee or
to  be  in  the service of the state unless his OR HER salary or compen-
sation is paid directly by the state, and no person shall be  deemed  to
be  a  retired officer or employee of the state unless his OR HER salary
or compensation immediately preceding his OR  HER  retirement  was  paid
directly  by  the  state; provided, however, that all active and retired
justices, judges, officers and employees of the  supreme  court,  surro-
gate's court, county court, family court, civil court of the city of New
York,  criminal  court of the city of New York and district court in any
county, officers and employees of the office of probation for the courts
of New York city, AND ALL ACTIVE AND RETIRED OFFICERS AND EMPLOYEES OF A
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  shall  be

S. 5716--A                          5

eligible  for  participation in the health insurance plan whether or not
their salaries are paid or before retirement were paid directly  by  the
state.
  S 3. Section 165-a of the civil service law, as amended by chapter 467
of  the  laws  of 1991, the closing paragraph as added by chapter 105 of
the laws of 2005, is amended to read as follows:
  S 165-a. Continuation of state health insurance plans for survivors of
employees of the state, OF A SCHOOL DISTRICT, OF A BOARD OF  COOPERATIVE
EDUCATIONAL  SERVICES  and/or  of a political subdivision or of a public
authority. Notwithstanding any other provision of law to  the  contrary,
the  president  shall  permit the unremarried spouse and the dependents,
otherwise qualified as eligible for coverage under  regulations  of  the
president,  of  a  person  who was an employee of the state, OF A SCHOOL
DISTRICT, OF A BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  and/or  of  a
political subdivision thereof or of a public authority for not less than
ten years, provided however, that the ten-year service requirement shall
not  apply  to such employees on active military duty in connection with
the Persian Gulf conflict who die on or after  August  second,  nineteen
hundred ninety while in the Persian Gulf combat zone or while performing
such  military  duties,  who  had been a participant in any of the state
health insurance plans,  to  continue  under  the  coverage  which  such
deceased  employee  had in effect at the time of death, upon the payment
at intervals determined by the president of the full cost of such cover-
age[,]; provided, however, that the  unremarried  spouse  of  an  active
employee  of  the  [State]  STATE, OF A SCHOOL DISTRICT OR OF A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES who died on or after April first  nine-
teen hundred seventy-five and before April first nineteen hundred seven-
ty-nine who timely elected to continue dependent coverage, or such unre-
married  spouse who timely elected individual coverage shall continue to
pay at intervals determined by the president  one-quarter  of  the  full
cost  of  dependent  coverage and provided further, that, with regard to
employees of the [State] STATE, where and to the extent that  an  agree-
ment  pursuant to article fourteen of this chapter so provides, or where
the director of employee relations, with respect  to  employees  of  the
[State]  STATE, OF A SCHOOL DISTRICT OR OF A BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES who are not included within a negotiating unit so recog-
nized or certified pursuant to article fourteen of this chapter whom the
director of employee relations determines should  be  declared  eligible
for the continuation of health insurance plans for the survivors of such
employees  of  the  [State] STATE, OF A SCHOOL DISTRICT OR OF A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES, the president shall adopt  regulations
providing  for the continuation of such health insurance by the unremar-
ried spouse of an active employee of the  [State]  STATE,  OF  A  SCHOOL
DISTRICT  OR  OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES who died on
or after April first nineteen hundred seventy-nine who elects to contin-
ue dependent coverage, or such unremarried spouse who elects  individual
coverage,  and  upon  such election shall pay at intervals determined by
the president one-quarter of the full cost of  dependent  coverage  and,
provided  further  with  respect  to  enrolled  employees of a political
subdivision or public authority in  a  negotiating  unit  recognized  or
certified  pursuant to article fourteen of this chapter, where an agree-
ment negotiated pursuant to said article so provides, and  with  respect
to enrolled employees of a political subdivision or public authority not
included  within  a  negotiating unit so recognized or certified, at the
discretion of the appropriate political subdivision or public authority,
the unremarried spouse of an active employee of the  political  subdivi-

S. 5716--A                          6

sion  or  of the public authority who died on or after April first nine-
teen hundred seventy-five, may elect to continue dependent  coverage  or
such  unremarried  spouse  may  elect  individual coverage and upon such
election  shall pay at intervals determined by the president one-quarter
of the full cost of dependent coverage.
  The president shall adopt such regulations as may be required to carry
out the provisions of this [subdivision] SECTION  which  shall  include,
but  need  not  be  limited  to,  provisions  for filing application for
continued coverage.
  Notwithstanding any law to the contrary, the survivors of any employee
subject to this section shall be entitled to the health insurance  bene-
fits  granted pursuant to this section, provided that such employee died
while on active duty other than for training purposes, pursuant to Title
10 of the United States Code,  with  the  armed  forces  of  the  United
States,  and such member died on such active duty on or after the effec-
tive date of [the] chapter ONE HUNDRED FIVE of the laws of two  thousand
five  [which  added  this paragraph] as a result of injuries, disease or
other medical condition sustained or contracted in such active duty with
the armed forces of the United States.
  S 4. Subdivisions 1 and 4 of section 167 of  the  civil  service  law,
subdivision  1  as amended by chapter 582 of the laws of 1988, paragraph
(b) of subdivision 1 as amended by chapter 317 of the laws of  1995  and
subdivision 4 as amended by chapter 407 of the laws of 1970, are amended
to read as follows:
  1. (a) The full cost of premium or subscription charges for the cover-
age  of retired state EMPLOYEES, AND ONE-HALF OF SUCH COSTS FOR COVERAGE
OF SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES  employ-
ees  who  are  enrolled  in  the  statewide and the supplementary health
insurance plans established pursuant to this  article  and  who  retired
prior  to  January first, nineteen hundred eighty-three shall be paid by
the state. Nine-tenths of the cost of premium  or  subscription  charges
for  the  coverage  of  state  EMPLOYEES, AND FORTY-FIVE PERCENT OF SUCH
COSTS FOR COVERAGE OF SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCA-
TIONAL SERVICES employees and retired state, SCHOOL DISTRICT OR BOARD OF
COOPERATIVE  EDUCATIONAL SERVICES employees retiring on or after January
first, nineteen hundred eighty-three who are enrolled in  the  statewide
and  supplementary  health  insurance  plans shall be paid by the state.
Three-quarters of the cost of premium or subscription  charges  for  the
coverage  of  dependents  of  such state EMPLOYEES, AND THREE-EIGHTHS OF
SUCH COSTS FOR COVERAGE OF  SCHOOL  DISTRICT  OR  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  employees  and  retired state, SCHOOL DISTRICT OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES employees shall be paid by the
state. Except as provided in paragraph  (b)  of  this  subdivision,  the
state  shall  contribute  toward the premium or subscription charges for
the coverage of each state, SCHOOL  DISTRICT  OR  BOARD  OF  COOPERATIVE
EDUCATIONAL SERVICES employee or retired state, SCHOOL DISTRICT OR BOARD
OF  COOPERATIVE  EDUCATIONAL  SERVICES  employee  who  is enrolled in an
optional benefit plan and for  the  dependents  of  such  state,  SCHOOL
DISTRICT  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  employee or
retired state, SCHOOL  DISTRICT  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  employee  the  same  dollar  amount which would be paid by the
state for the premium or subscription charges for the coverage  of  such
state,  SCHOOL  DISTRICT  OR  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES
employee or retired state,  SCHOOL  DISTRICT  OR  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  employee  and  his or her dependents if he or she
were enrolled in the statewide and the  supplementary  health  insurance

S. 5716--A                          7

plans,  but not in excess of the premium or subscription charges for the
coverage of such state, SCHOOL DISTRICT OR BOARD OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES  employee or retired state, SCHOOL DISTRICT OR BOARD OF
COOPERATIVE  EDUCATIONAL  SERVICES  employee  and  his or her dependents
under such optional benefit plan.  For  purposes  of  this  subdivision,
employees  of  the state colleges of agriculture, home economics, indus-
trial labor relations, and veterinary medicine, the  state  agricultural
experiment  station at Geneva, and any other institution or agency under
the management and control of Cornell university as  the  representative
of  the  board  of  trustees  of  the  state university of New York, and
employees of the state college of  ceramics  under  the  management  and
control of Alfred university as the representative of the board of trus-
tees  of  the  state university of New York, shall be deemed to be state
employees whose salaries or compensation are paid directly by the state.
  (b) Effective January first, nineteen  hundred  eighty-nine,  notwith-
standing any other law, rule or regulation, and where, and to the extent
that,  an  agreement  between  the  state  and  an employee organization
entered into pursuant to article fourteen of this chapter so provides or
where and to the extent the employee health insurance council so directs
with respect to any other state, SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES employees and for retired state, SCHOOL DISTRICT OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES employees retiring on or after
January first, nineteen hundred eighty-three, the state shall contribute
nine-tenths of the cost of premiums or subscription charges for coverage
of each such state EMPLOYEE, AND FORTY-FIVE PERCENT OF  SUCH  COSTS  FOR
COVERAGE OF SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
employee  or  retired  state,  SCHOOL  DISTRICT  OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES employee who is enrolled  in  an  optional  benefit
plan  and  three-fourths  of  such  premium  or subscription charges for
dependents of such state EMPLOYEES, AND THREE-EIGHTHS OF SUCH COSTS  FOR
COVERAGE OF SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
employees  or  retired  state,  SCHOOL  DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES employees enrolled in such optional  benefit  plan;
provided, however, effective January first, nineteen hundred ninety-six,
the contribution rates for the hospitalization and medical components of
each  optional  benefit plan shall not exceed one hundred percent of the
dollar amount of the state's contribution toward the hospitalization and
medical components of individual and dependent  coverage,  respectively,
in  the  Empire  Plan.  In the case of state employees retiring prior to
January first, nineteen hundred eighty-three, the state shall contribute
one hundred percent of the individual premium and three-fourths of  such
premium  for  dependents  of  such  retired  employees  enrolled in such
optional benefit plan;  however,  these  contribution  rates  shall  not
exceed  one  hundred  percent of the employer dollar amount contribution
for individual and dependent coverage respectively in the Empire Plan.
  4. Upon the retirement, on  or  after  July  first,  nineteen  hundred
sixty-five,  of  a  state  employee whose salary or compensation is paid
directly by the state, who is subject to  a  plan  established  by  law,
rule, regulation, written order or written policy which provides for the
regular  earning  and accumulation of sick leave, and who is eligible to
continue coverage under the health insurance plan after retirement,  the
department of civil service shall determine, based on the employee's age
at  the time of retirement, the actuarial equivalent in monthly install-
ments for the remaining life expectancy of such retired employee, of the
dollar value of the earned and accumulated but unused sick leave  stand-
ing  to  his  OR HER credit at the time of retirement, without interest.

S. 5716--A                          8

Such dollar value shall be based on the employee's salary at the time of
retirement. In addition to regular employer contributions, contributions
in the amount of such  monthly  installments  shall  be  paid  from  the
state's  appropriation  to the health insurance fund and applied towards
the charges for health insurance on account of such retired employee and
his OR HER dependents, to the extent necessary to pay such charges.  The
remaining  amount,  if  any,  necessary  to  pay  such  charges shall be
contributed by such retired employee. On or after October  first,  nine-
teen  hundred  seventy when such dollar value of such sick leave amounts
to less than one hundred dollars for a particular retired  employee,  in
lieu  of  contributions  which  would  otherwise  be  required from such
retired employee, additional contributions shall be paid for the state's
appropriation to the health  insurance  fund  and  applied  towards  the
charges for health insurance on account of such retired employee and his
OR  HER dependents until the sum of such additional contributions equals
such dollar value of such sick leave.  The  remaining  amount,  if  any,
necessary  to  pay  such  charges  shall  be contributed by such retired
employee. For purposes of  this  subdivision,  employees  of  the  state
colleges of agriculture, home economics, industrial labor relations, and
veterinary  medicine, the state agricultural experiment station at Gene-
va, and any other institution or agency under the management and control
of Cornell university as the representative of the board of trustees  of
the  state university of New York, and employees of the state college of
ceramics under the management and control of Alfred  university  as  the
representative  of  the board of trustees of the state university of New
York, shall be deemed to be state employees whose  salaries  or  compen-
sation is paid directly by the state.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

                                 PART C

  Section 1. Subdivision 5 of section 3602  of  the  education  law,  as
added  by  section  13  of  part B of chapter 57 of the laws of 2007, is
amended to read as follows:
  5. Public high cost excess cost aid. A school district having a  pupil
with  a  disability  of school age for whom the cost, as approved by the
commissioner, of appropriate special services or  programs  exceeds  the
[lesser  of  ten  thousand  dollars  or four times the expense per pupil
without limits shall be entitled to an additional apportionment for each
such child computed by multiplying the district's excess cost aid  ratio
by  the  amount  by  which such cost exceeds three times the] district's
expense per pupil [without limits] SHALL BE ENTITLED  TO  AN  ADDITIONAL
APPORTIONMENT FOR EACH SUCH CHILD EQUAL TO ONE-HALF OF THE EXCESS OF THE
COST  FOR  SUCH  CHILD WITH A DISABILITY OVER THE DISTRICTS EXPENSES PER
PUPIL.
  [a.] For the purpose of this subdivision[:
  (1) Expense], "EXPENSE per pupil [for the purposes  of  this  subdivi-
sion]" shall be not less than two thousand dollars and not more than the
greater of seven thousand one hundred ten dollars or the statewide aver-
age  of such expense per pupil. Such statewide average expense per pupil
shall be computed and rounded  to  the  nearest  fifty  dollars  by  the
commissioner  using  the  expense  and  pupils  as  estimated  by school
districts or as determined by the commissioner for  use  in  determining
the  expense per pupil of the district pursuant to paragraph f of subdi-
vision one of this section for all districts eligible for  aid  pursuant

S. 5716--A                          9

to  this section. For the purposes of calculating such statewide expense
per pupil, the data for the city school district of the city of New York
shall be city-wide data.
  [(2)  The  excess cost aid ratio shall be computed by subtracting from
one the product obtained by multiplying  fifty-one  per  centum  by  the
combined  wealth  ratio.  This aid ratio shall be expressed as a decimal
carried to three places without rounding, but not less than  twenty-five
percent.
  b. Notwithstanding section thirty-six hundred nine-a of this part, the
apportionment provided for in this subdivision shall be paid pursuant to
section thirty-six hundred nine-b of this part.]
  S 2. Subdivision 5-a of section 3602 of the education law is REPEALED.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

                                 PART D

  Section 1. The governor, executive chamber, commissioner of  education
and legislative leaders are hereby directed to engage in ongoing contact
with  members  of  the  United  States  House of Representatives, United
States Senators and the President  of  the  United  States  to  maximize
federal funding to the education system of the state of New York for the
purposes of both general education and special education.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Within 60 days of the effective date of this act the gover-
nor shall establish and convene a study group to evaluate state mandates
as compared to the federal mandates.
  S  2. Such study group shall be composed of members who have extensive
experience in the provision of services, required  pursuant  to  federal
law, rules or regulations.
  S  3.  The  lieutenant-governor  shall be the chair of the study group
established by this act. The study group shall meet at  such  times  and
places as shall be determined by the lieutenant-governor.
  S  4. The members of the study group shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this act.
  S 5. The study group shall, on or before March 31, 2011, report to the
governor and the  legislature.  Such  report  shall  include  the  study
group's findings, conclusions and recommendations.
  S  6.  The  state finance law is amended by adding a new section 28 to
read as follows:
  S 28. MANDATE RELIEF. 1. DEFINITION. FOR THE PURPOSES OF THIS SECTION,
"POLITICAL SUBDIVISION" SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
DISTRICT OR SPECIAL DISTRICT, AND SHALL INCLUDE ANY  AGENCY,  AUTHORITY,
COMMISSION, DEPARTMENT OR INSTRUMENTALITY THEREOF.
  2.  EACH  FISCAL YEAR THE BUDGET SUBMITTED BY THE GOVERNOR AND ENACTED
BY THE LEGISLATURE SHALL CONTAIN SEPARATE AND DISTINCT APPROPRIATIONS TO
REIMBURSE POLITICAL SUBDIVISIONS FOR  THE  ENTIRETY  OF  ANY  ADDITIONAL
EXPENSES  INCURRED  BY SUCH POLITICAL SUBDIVISIONS PURSUANT TO ANY STATE
LAW, RULE OR REGULATION ENACTED TO COMPLY WITH A REQUIREMENT ESTABLISHED
BY FEDERAL LAWS, RULES OR REGULATIONS TO  THE  EXTENT  THAT  SUCH  STATE
LAWS,  RULES  OR  REGULATIONS REQUIRE THE ASSUMPTION OF ADDITIONAL COSTS
ABOVE THOSE IMPOSED BY SUCH FEDERAL REQUIREMENTS.

S. 5716--A                         10

  S 7. This act shall take effect immediately and sections  one  through
five of this act shall expire and be deemed repealed April 1, 2011.

                                 PART F

  Section  1.  The legislative law is amended by adding a new section 49
to read as follows:
  S 49. PROHIBITION ON UNFUNDED MANDATES.  1. (A) ANY PROVISION  OF  LAW
DETERMINED  IN  ACCORDANCE  WITH  THIS SECTION TO BE AN UNFUNDED MANDATE
SHALL BE VOID.
  (B) A PROVISION OF LAW THAT REQUIRES ONE OR  MORE  POLITICAL  SUBDIVI-
SIONS  TO  EXPEND  FUNDS OR TO TAKE ACTIONS REQUIRING THE EXPENDITURE OF
FUNDS SHALL BE DEEMED AN UNFUNDED  MANDATE  IF  SUCH  PROVISION  OF  LAW
RESULTS IN AN AGGREGATE NET INCREASE IN NECESSARY DIRECT EXPENDITURES BY
ANY  POLITICAL SUBDIVISION OF THE STATE. ANY SUCH AGGREGATE NET INCREASE
IN EXPENDITURES SHALL BE OFFSET BY: (I)  MONIES  PROVIDED  TO  POLITICAL
SUBDIVISIONS  FOR THE SPECIFIC PURPOSE OF FUNDING SUCH PROVISION OF LAW;
AND (II)  DECREASES  IN  EXPENDITURES  EXPECTED  TO  RESULT  FROM  OTHER
PROVISIONS  OF LAW ENACTED CONCURRENTLY THEREWITH THAT REPEAL, REDUCE OR
MODIFY EXISTING MANDATES ON POLITICAL SUBDIVISIONS. FOR PURPOSES OF THIS
SECTION, ALL BUDGET BILLS AND LEGISLATION  NECESSARY  TO  IMPLEMENT  THE
BUDGET  ENACTED  PURSUANT  TO ARTICLE SEVEN OF THE CONSTITUTION SHALL BE
DEEMED TO HAVE BEEN CONCURRENTLY ENACTED INTO LAW.
  (C) FOR PURPOSES OF THIS SECTION,  THE  TERM  "POLITICAL  SUBDIVISION"
SHALL  MEAN  A  COUNTY,  CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR SPECIAL
DISTRICT, AND SHALL INCLUDE ANY AGENCY, AUTHORITY,  COMMISSION,  DEPART-
MENT OR INSTRUMENTALITY THEREOF.
  (D)  FOR PURPOSES OF THIS SECTION, THE TERM "LAW" SHALL MEAN A STATUTE
ENACTED BY THE LEGISLATURE, AN EXECUTIVE ORDER ISSUED BY  THE  GOVERNOR,
AND  A  RULE  OR  REGULATION  PROMULGATED BY A STATE AGENCY, DEPARTMENT,
BOARD, BUREAU, OFFICER, AUTHORITY OR COMMISSION.
  2. NOTWITHSTANDING ANYTHING IN  THIS  SECTION  TO  THE  CONTRARY,  THE
FOLLOWING TYPES OF LAWS SHALL NOT BE CONSIDERED UNFUNDED MANDATES:
  (A)  THOSE  THAT  HAVE  BEEN  REQUESTED THROUGH A HOME RULE MESSAGE OR
OTHER RESOLUTION OF THE AFFECTED POLITICAL SUBDIVISION,  OR  WHICH  HAVE
BEEN ACCEPTED BY THE AFFECTED POLITICAL SUBDIVISION;
  (B) THOSE APPLICABLE TO BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN
THE SAME OR A SUBSTANTIALLY SIMILAR MANNER; AND
  (C) THOSE IN FULL FORCE AND EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION,  INCLUDING  ANY  PROVISION  OF LAW THAT EXTENDS OR REAUTHORIZES
SUCH A LAW.
  S 2. This act shall take effect immediately.

                                 PART G

  Section 1. Section 51 of the legislative law, as added by chapter  985
of the laws of 1983, is amended to read as follows:
  S 51. Fiscal  impact  notes on bills affecting political subdivisions.
1. For the purpose of this section,  the  term  "political  subdivision"
means  any  county,  city,  town,  village,  special  district or school
district.
  2. The legislature shall by concurrent resolution of  the  senate  and
assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
rate   form,  bills  and  amendments  to  bills,  [except  as  otherwise
prescribed by such rules,] which would [substantially] affect the reven-
ues or expenses, or both, of any political subdivision.

S. 5716--A                         11

  3. Fiscal notes shall not, however, be required for bills: (a) subject
to the provisions of section fifty of this  [chapter]  ARTICLE,  or  (b)
accompanied  by special home rule requests submitted by political subdi-
visions, or (c)  which  provide  discretionary  authority  to  political
subdivisions[,  or  (d) submitted pursuant to section twenty-four of the
state finance law].
  4. [If the estimate or estimates contained in a fiscal note are  inac-
curate,  such  inaccuracies  shall not affect, impair or invalidate such
bill] SUCH FISCAL NOTES SHALL FULLY DISCLOSE THE  COSTS  AND  SOURCE  OF
FUNDING OF EVERY PROVISION OF THE BILL OR AMENDMENT THERETO, WHICH WOULD
AFFECT THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
  S  2.  The executive law is amended by adding a new section 13 to read
as follows:
  S 13. FISCAL NOTES ON EXECUTIVE ORDERS  AFFECTING  POLITICAL  SUBDIVI-
SIONS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "POLITICAL SUBDIVI-
SION"  MEANS ANY COUNTY, CITY, TOWN, VILLAGE, SPECIAL DISTRICT OR SCHOOL
DISTRICT.
  2. THE GOVERNOR SHALL ATTACH A FISCAL NOTE TO  EVERY  EXECUTIVE  ORDER
WHICH  WOULD  AFFECT THE REVENUES OR EXPENSES, OR BOTH, OF ANY POLITICAL
SUBDIVISION. SUCH FISCAL NOTES SHALL FULLY DISCLOSE THE COSTS AND SOURCE
OF FUNDING OF EVERY PROVISION OF THE EXECUTIVE ORDER WHICH WOULD  AFFECT
THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
  3.  FISCAL  NOTES SHALL NOT, HOWEVER, BE REQUIRED FOR EXECUTIVE ORDERS
WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL SUBDIVISIONS.
  S 3. The state administrative procedure act is amended by adding a new
section 201-b to read as follows:
  S 201-B. FISCAL NOTES ON PROPOSED RULES. 1. FOR THE PURPOSES  OF  THIS
SECTION,  THE TERM "POLITICAL SUBDIVISION" MEANS ANY COUNTY, CITY, TOWN,
VILLAGE, SPECIAL DISTRICT OR SCHOOL DISTRICT.
  2. EACH AGENCY PROPOSING A RULE  SHALL  ATTACH  A  FISCAL  NOTE  TO  A
PROPOSED  RULE  WHICH WOULD AFFECT THE REVENUES OR EXPENSES, OR BOTH, OF
ANY POLITICAL SUBDIVISION. SUCH FISCAL NOTES SHALL  FULLY  DISCLOSE  THE
COSTS  AND  SOURCE  OF  FUNDING  OF EVERY PROVISION OF THE PROPOSED RULE
WHICH WOULD AFFECT THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
  3. FISCAL NOTES SHALL NOT, HOWEVER, BE  REQUIRED  FOR  PROPOSED  RULES
WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL SUBDIVISIONS.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

                                 PART H

  Section 1. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
  42. THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT, ON  OR  BEFORE  JULY
FIRST,  TWO  THOUSAND  ELEVEN,  A  PROGRAM  WITHIN  THE DEPARTMENT WHICH
PROVIDES INFORMATION, EXPERTISE AND ASSISTANCE TO  SCHOOL  DISTRICTS  IN
THE CONSOLIDATION OF FUNCTIONS WITHIN AND AMONG SUCH DISTRICTS.
  S 2. This act shall take effect immediately.

                                 PART I

  Section  1. Clause 1 of subparagraph (i) of paragraph o of subdivision
10 of section 54 of the state finance law, as amended by  section  7  of
part  GG  of  chapter  56  of  the  laws  of 2009, is amended to read as
follows:

S. 5716--A                         12

  (1) For the purposes of  this  paragraph,  "municipality"  shall  mean
counties,  cities,  towns, villages, special improvement districts, fire
districts, public libraries, association libraries,  water  authorities,
sewer authorities, AND regional planning and development boards[, school
districts,  and  boards  of  cooperative educational services; provided,
however, that for the purposes of this definition, a  board  of  cooper-
ative  educational  services  shall be considered a municipality only in
instances where such board of cooperative educational services  advances
a  joint  application  on  behalf  of school districts and other munici-
palities within the board of cooperative  educational  services  region;
provided,  however,  that  any  agreements  with  a board of cooperative
educational services: shall not generate additional state aid; shall  be
deemed not to be a part of the program, capital and administrative budg-
ets of the board of cooperative educational services for the purposes of
computing  charges  upon component school districts pursuant to subpara-
graph seven of paragraph b  of  subdivision  four  of  section  nineteen
hundred  fifty and subdivision one of section nineteen hundred fifty and
subdivision one of section nineteen hundred fifty-one of  the  education
law;  and  shall  be  deemed  to  be a cooperative municipal service for
purposes of subparagraph two of  paragraph  d  of  subdivision  four  of
section nineteen hundred fifty of the education law].
  S 2. Clause 3 of subparagraph (ii) of paragraph o of subdivision 10 of
section  54 of the state finance law, as added by section 7 of part O of
chapter 56 of the laws of 2008, is amended to read as follows:
  (3) High priority planning grants may be used to cover  costs  includ-
ing,  but not limited to, legal and consultant services and other neces-
sary expenses. [The amounts awarded to a  school  district  pursuant  to
this  subparagraph  shall  not  be  included  in  the approved operating
expense of the school district as defined in paragraph t of  subdivision
one  of section thirty-six hundred two of the education law.] No part of
the grant shall be used by the applicant for recurring expenses such  as
salaries.
  S  3.  Clause 3 of subparagraph (iii) of paragraph o of subdivision 10
of section 54 of the state finance law, as added by section 7 of part  O
of chapter 56 of the laws of 2008, is amended to read as follows:
  (3)  General  efficiency  planning  grants  may be used to cover costs
including, but not limited to, legal and consultant services  and  other
necessary  expenses.  [The amounts awarded to a school district pursuant
to this subparagraph shall not be included  in  the  approved  operating
expense  of the school district as defined in paragraph t of subdivision
one of section thirty-six hundred two of the education law.] No part  of
the  grant shall be used by the applicant for recurring expenses such as
salaries.
  S 4. Clause 2 of subparagraph (iv) of paragraph o of subdivision 10 of
section 54 of the state finance law, as added by section 7 of part O  of
chapter 56 of the laws of 2008, is amended to read as follows:
  (2)  Efficiency  implementation  grants  may  be  used  to cover costs
including, but not limited to, legal and  consultant  services,  capital
improvements, transitional personnel costs essential for the implementa-
tion  of  the  approved  efficiency  implementation grant work plan, and
other necessary expenses. Grants may be used for  capital  improvements,
transitional  personnel  costs  or  joint equipment purchases only where
such expenses are integral to the coordinated  or  consolidated  service
delivery.  [The  amounts  awarded  to a school district pursuant to this
subparagraph shall not be included in the approved operating expense  of

S. 5716--A                         13

the  school  district  as  defined  in paragraph t of subdivision one of
section thirty-six hundred two of the education law.]
  S  5. Clause 1 of subparagraph (v) of paragraph o of subdivision 10 of
section 54 of the state finance law, as added by section 7 of part O  of
chapter 56 of the laws of 2008, is amended to read as follows:
  (1) Within the amounts appropriated therefor, subject to a plan devel-
oped  in consultation with the commission on local government efficiency
and competitiveness and approved by the  director  of  the  budget,  the
secretary  of  state  may  award competitive grants to municipalities to
cover costs associated with  a  functional  consolidation  or  a  shared
services  agreement  having great potential to achieve financial savings
and serve as a model for other  municipalities,  including  the  consol-
idation  of  services  on  a  multi-county  basis,  the consolidation of
certain services countywide as identified in such plan, the creation  of
a  regional  entity empowered to provide multiple functions on a county-
wide or regional basis,  the  creation  of  a  regional  or  city-county
consolidated   municipal   government,   [the  consolidation  of  school
districts or supporting services for school districts  encompassing  the
area  served  by  a  board  of cooperative educational services,] or the
creation of a regional smart growth compact or program.
  S 6. Subdivision 14 of section 3602 of the education law is amended by
adding a new paragraph h to read as follows:
  H. EFFICIENCY STUDY GRANTS.  (1) ANY SCHOOL DISTRICT WHICH IS ELIGIBLE
TO RECEIVE AN APPORTIONMENT UNDER THIS  SECTION  OR  SECTION  THIRTY-SIX
HUNDRED  TWO-B  OF THIS ARTICLE MAY SUBMIT PLANS TO THE COMMISSIONER FOR
THE PURPOSE OF RECEIVING A GRANT TO STUDY REORGANIZATION OF THE DISTRICT
WITH ONE OR MORE SCHOOL DISTRICTS OR THE  SHARING  OF  PROGRAMS  BETWEEN
SUCH DISTRICTS AND OTHER SCHOOL DISTRICTS.
  (2)  EFFICIENCY  GRANTS MAY ALSO BE AWARDED PURSUANT TO THIS PARAGRAPH
TO A SCHOOL DISTRICT, A GROUP OF SCHOOL DISTRICTS,  OR  TO  A  BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES  FOR  A  PROJECT IN WHICH A COUNTY OR
OTHER MUNICIPALITY IS A PARTNER FOR THE PURPOSE OF STUDYING A COLLABORA-
TIVE SERVICE DELIVERY SYSTEM FOR SCHOOL AGED  AT-RISK  YOUTH  AND  THEIR
FAMILIES.
  (3)  PLANS  SHALL  BE  IN  THE FORM PRESCRIBED BY THE COMMISSIONER AND
APPROVED BY HIM OR HER IN ACCORDANCE WITH REGULATIONS ADOPTED  FOR  SUCH
PURPOSES.
  (4)  AFTER HIS OR HER APPROVAL OF A PLAN, THE COMMISSIONER MAY AWARD A
MAXIMUM GRANT OF FIFTY THOUSAND DOLLARS PER STUDY PURSUANT  TO  SUBPARA-
GRAPH  ONE  OF  THIS  PARAGRAPH  AND  A MAXIMUM GRANT OF TWENTY THOUSAND
DOLLARS PER STUDY PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH.
  (5) THE COMMISSIONER SHALL ENSURE THAT OF THE TOTAL  AMOUNT  ALLOCATED
FOR  GRANTS  AWARDED  UNDER THIS PARAGRAPH, THE AMOUNT OF GRANTS AWARDED
PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL CONSTITUTE NO  MORE
THAN THIRTY-FIVE PERCENT OF SUCH TOTAL AMOUNT.
  S  7.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

                                 PART J

  Section 1. Subdivision 1 of section 1950  of  the  education  law,  as
amended  by  chapter  396  of  the  laws  of 1974, is amended to read as
follows:
  1. The boards of  education  and  school  trustees  of  a  supervisory
district  which  is  not  part of an intermediate district, meeting at a
time and place to  be  designated  by  the  district  superintendent  of

S. 5716--A                         14

schools,  may,  by  a majority vote of their members present and voting,
file with the commissioner [of education] a petition for the  establish-
ment  of  a board of cooperative educational services for the purpose of
carrying  out  a program of SUCH shared educational services [in] AS the
schools of the supervisory district ELECT TO HAVE PROVIDED BY SUCH BOARD
and for providing instruction in such special subjects  as  the  commis-
sioner  may approve. NO PROVISION OF LAW, RULE OR REGULATION, OTHER THAN
THE PROVISIONS OF THIS SECTION SHALL LIMIT THE SHARED  SERVICES  THAT  A
BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES IS AUTHORIZED TO PROVIDE OF
ITS COMPONENT SCHOOL DISTRICTS. The commissioner, by order,  may  estab-
lish  such  a  board with membership of not less than five nor more than
fifteen, upon such application and when a vacancy occurs in  the  office
of  district  superintendent  of  schools  shall establish such a board,
unless the commissioner shall issue an order pursuant to  section  twen-
ty-two  hundred  one  OF  THIS  TITLE  redistricting the county so as to
provide for a lesser number of supervisory districts. The  commissioner,
by order, may authorize a board, established prior to July second, nine-
teen  hundred  sixty-five,  to  increase its membership to not less than
five nor more than fifteen.
  S 2. Subparagraph 2 of paragraph a of subdivision 4 of section 1950 of
the education law is REPEALED.
  S 3. Paragraph c of subdivision 4 of section  1950  of  the  education
law,  as  amended by chapter 301 of the laws of 1996, is amended to read
as follows:
  c. Make or cause to be made surveys to determine the need for  cooper-
ative  educational  services in the supervisory district and present the
findings of their surveys to local school  authorities.  Each  board  of
cooperative  educational services shall prepare long range program plans
to meet the projected need for such cooperative educational services  in
the supervisory district for the next five years [as may be specified by
the  commissioner,]  and  shall  submit such plans and thereafter annual
revisions of such plans to the commissioner on or before the  first  day
of  December  of  each  year,  except  that special education and career
education program plans, in a form specified by the commissioner,  shall
be  submitted  every  two years, no later than the date specified by the
commissioner, and revised annually.
  S 4. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of
the education law, as amended by chapter 474 of the  laws  of  1996,  is
amended to read as follows:
  (1)  Aidable  shared  services.  At  the  request  of component school
districts[, and with the approval of the commissioner,] provide  any  of
the  following  services  on  a cooperative basis: school nurse teacher,
attendance  supervisor,  supervisor  of  teachers,   dental   hygienist,
psychologist,  teachers of art, music, physical education, career educa-
tion subjects, guidance counsellors, operation of  special  classes  for
students  with  disabilities, as such term is defined in article eighty-
nine of this chapter; pupil and financial accounting service by means of
mechanical equipment; maintenance and operation of cafeteria or  restau-
rant  service  for  the  use  of pupils and teachers while at school[,];
OPERATION OF A REGIONAL TRANSPORTATION SYSTEM FOR  THE  BENEFIT  OF  THE
COMPONENT  SCHOOL DISTRICTS and such other services as the [commissioner
may approve] COMPONENT SCHOOL DISTRICTS MAY REQUEST. Such  cafeteria  or
restaurant service may be used by the community for school related func-
tions  and  activities  and to furnish meals to the elderly residents of
the district, sixty years of age or older. Utilization by elderly  resi-
dents  or  school related groups shall be subject to the approval of the

S. 5716--A                         15

board of education. Charges shall be sufficient to bear the direct  cost
of  preparation and serving of such meals, exclusive of any other avail-
able reimbursements.
  S 5. Subparagraph 2 of paragraph d of subdivision 4 of section 1950 of
the  education  law,  as  added  by  chapter 474 of the laws of 1996, is
amended to read as follows:
  (2) [Certain]  ADDITIONAL  SHARED  services  [prohibited]  AUTHORIZED.
[Commencing  with the nineteen hundred ninety-seven--ninety-eight school
year, the] THE commissioner shall [not be authorized to] approve  as  an
aidable  shared  service  pursuant  to  this subdivision any cooperative
maintenance services or municipal services, including  but  not  limited
to,  lawn  mowing  services and heating, ventilation or air conditioning
repair or maintenance  or  trash  collection,  or  any  other  municipal
services  [as  defined  by  the commissioner. On and after the effective
date of this paragraph, the commissioner shall not approve, as an  aida-
ble  shared  service,  any  new  cooperative  maintenance  or  municipal
services for the nineteen hundred ninety-six--ninety-seven school  year,
provided  that  the  commissioner  may  approve the continuation of such
services for one year if provided in the nineteen hundred  ninety-five--
ninety-six school year] REQUESTED BY THE COMPONENT SCHOOL DISTRICTS.
  S 6. Subparagraph 3 of paragraph d of subdivision 4 of section 1950 of
the  education  law,  as  amended by chapter 474 of the laws of 1996, is
amended to read as follows:
  (3) Requests for shared services;  operating  plan;  required  notice.
Requests  for  such  shared  services shall be filed by component school
districts with the board of cooperative educational services  not  later
than the first day of February of each year, provided that such requests
shall  not  be  binding upon the component school district. The board of
cooperative educational services shall submit its proposed annual  oper-
ating  plan for the ensuing school year to the department [for approval]
not later than the fifteenth day of February of each  year.  Such  board
shall,  through  its  executive  officer,  notify  each component school
district on or before the tenth day of  March  concerning  the  services
which  have  been approved by the [commissioner] BOARD to be made avail-
able for the ensuing school year. Such notice shall set forth the  local
uniform  cost  of  each  such  service, based on (i) anticipated partic-
ipation in the ensuing school year, or (ii) participation in the current
year, or (iii) a two or three year average  including  participation  in
the  current year, which unit cost shall be the same for all participat-
ing component districts and shall be based upon  a  uniform  methodology
approved annually by at least three-quarters of the participating compo-
nent  school districts after consultation by local school officials with
their respective boards; provided, however,  such  unit  cost  shall  be
subject  to final adjustment for programs for students with disabilities
based on actual participation in  accordance  with  regulations  of  the
commissioner.    [Notwithstanding the determination of the local uniform
unit cost methodology selected in accordance with this  paragraph,  each
board  of  cooperative  education  services shall annually report to the
commissioner the budgeted unit cost and, when available, the actual unit
cost of such programs and services, in accordance with  both  the  local
uniform  unit cost methodology and a statewide uniform unit cost method-
ology prescribed by the commissioner by regulation, where  the  budgeted
statewide  unit  cost shall be based on the anticipated participation in
the ensuing year and the actual statewide unit cost shall  be  based  on
actual participation through the end of each year.]

S. 5716--A                         16

  S  7.  Paragraph  r  of subdivision 4 of section 1950 of the education
law, as amended by chapter 53 of the laws of 1990, is amended to read as
follows:
  r. With the approval of the district superintendent of schools [and of
the  commissioner  of  education]  to  furnish  any  of  the educational
services provided for in this section or any other section of law  which
authorizes such board to provide services to school districts outside of
the supervisory district, upon such terms as may be agreed upon pursuant
to  contracts executed by such board of cooperative educational services
and the trustees or boards of education of such school districts.
  S 8. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

                                 PART K

  Section 1. The education law is amended by adding a new section 3602-g
to read as follows:
  S  3602-G.  CAREER AND TECHNICAL EDUCATION. THE COMMISSIONER SHALL OUT
OF FUNDS APPROPRIATED THEREFOR, DISBURSE STATE ASSISTANCE TO  BOARDS  OF
COOPERATIVE  EDUCATIONAL  SERVICES FOR THE ESTABLISHMENT AND IMPLEMENTA-
TION OF PARTNERSHIPS BETWEEN SCHOOL DISTRICTS, SUCH  BOARDS  AND  INSTI-
TUTIONS  OF  HIGHER  EDUCATION  FOR  THE  PROVISION  AND COORDINATION OF
SCHOOL-BASED  CAREER  ACADEMIES  WITH  CAREER  AND  TECHNICAL  EDUCATION
PROGRAMS.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

                                 PART L

  Section 1. The commissioner of education shall establish a task  force
to  examine,  evaluate  and  make recommendations concerning the various
alternative methods for funding charter schools which do not reduce  the
funding  provided  to  the  school districts of residence of the charter
school students. Such task force shall review, with particular care, the
impact on charter schools and public schools of the funding  methodology
for  charter  schools established pursuant to section 2856 of the educa-
tion law.
  S 2. The task force shall be composed of the  commissioner  of  educa-
tion,  the  commissioner of taxation and finance, the executive director
of the office of real property services, and such members as the commis-
sioner of education  shall  appoint.  The  members  of  the  task  force
appointed by the commissioner of education shall include representatives
of  school  districts,  charter  schools,  parents of students attending
charter schools and residents of this state.
  S 3. The task force shall hold public hearings and shall have all  the
powers of a legislative committee pursuant to the legislative law.
  S  4.  The members of the task force shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this act.
  S 5. The task force shall submit a report, to  the  governor  and  the
legislature,  of  its  findings,  conclusions  and recommendations on or
before April 1, 2011, and shall submit with its report such  legislative
proposals as it deems necessary to implement such recommendations.
  S  6.  This act shall take effect immediately, and shall expire and be
deemed repealed April 2, 2011.

S. 5716--A                         17

                                 PART M

  Section  1.  Section  3602 of the education law is amended by adding a
new subdivision 27 to read as follows:
  27. AID FOR ENERGY COST INCREASES. COMMENCING WITH AID PAYABLE IN  THE
TWO  THOUSAND  TEN--TWO THOUSAND ELEVEN SCHOOL YEAR AND ALL SCHOOL YEARS
THEREAFTER, THE COMMISSIONER SHALL APPORTION AID TO EACH SCHOOL DISTRICT
EQUAL TO THE AMOUNT BY WHICH THE COST OF ELECTRICITY,  PROPANE,  NATURAL
GAS  AND  HEATING OIL USED BY THE SCHOOL DISTRICT DURING THE SCHOOL YEAR
EXCEEDS THE LESSER OF, ONE HUNDRED FOUR  PERCENT  OF  THE  COST  THEREOF
DURING  THE  PRECEDING  SCHOOL YEAR OR ONE HUNDRED TWENTY PERCENT OF THE
CONSUMER PRICE INDEX WITH REGARD TO THE COST THEREOF DURING THE  PRECED-
ING SCHOOL YEAR.
  S 2. This act shall take effect immediately.

                                 PART N

  Section  1.  The  public  authorities  law  is amended by adding a new
section 1001-b to read as follows:
  S 1001-B. ENERGY CONSERVATION IMPROVEMENTS FOR SCHOOLS. THE  AUTHORITY
SHALL  ESTABLISH  AND IMPLEMENT A PLAN THAT PROVIDES FINANCING TO SCHOOL
DISTRICTS FOR THE COSTS OF ENERGY CONSERVATION IMPROVEMENTS MADE TO  ANY
SCHOOL  IN  THE  SCHOOL DISTRICT, PROVIDED THAT NO COSTS ASSOCIATED WITH
SUCH FINANCIAL ASSISTANCE SHALL BE CHARGED TO THE AUTHORITY'S CUSTOMERS.
FINANCIAL ASSISTANCE SHALL BE REPAID TO THE AUTHORITY, OVER A PERIOD NOT
TO EXCEED TEN YEARS, WITH SAVINGS IN  ENERGY  COSTS  AND  RELATED  COSTS
WHICH ACCRUE TO THE SCHOOL DISTRICT AS A RESULT OF SUCH ENERGY CONSERVA-
TION IMPROVEMENTS.
  S 2. This act shall take effect immediately.

                                 PART O

  Section  1. Paragraph q of subdivision 4 of section 1950 of the educa-
tion law, as separately amended by chapters 367 and 563 of the  laws  of
1979, is amended to read as follows:
  q. To provide transportation for pupils to and from classes maintained
by  such board of cooperative educational services at the request of one
or more school districts. School districts  and  boards  of  cooperative
educational  services are authorized to enter into contracts with one or
more school districts, private contractors, and one or  more  boards  of
cooperative  educational  services  and  any  municipal  corporation and
authority to provide such transportation. Boards of  cooperative  educa-
tional services may operate joint or regional transportation systems for
the  transportation authorized by articles seventy-three and eighty-nine
of this chapter. Such transportation, except when provided  by  a  poli-
tical  subdivision or a board of cooperative educational services, shall
be subject to the requirements of subdivision fourteen of section  three
hundred  five  of  [the  education  law] THIS CHAPTER. IN ADDITION, EACH
BOARD SHALL, IN COOPERATION WITH ITS COMPONENT SCHOOL DISTRICTS, CONDUCT
A STUDY OF THE FEASIBILITY  AND  SAVINGS  DERIVED  FROM  ESTABLISHING  A
REGIONAL  TRANSPORTATION  SYSTEM.  THE GOAL OF SUCH STUDY AND THE ESTAB-
LISHMENT OF ANY REGIONAL TRANSPORTATION SYSTEM SHALL BE MAXIMIZATION  OF
COST EFFICIENCIES AND CONSERVATION OF FUEL.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

S. 5716--A                         18

                                 PART P

  Section  1.  The opening paragraph of subdivision 4 of section 3602 of
the education law, as amended by section 13 of part A of chapter  57  of
the laws of 2009, is amended to read as follows:
  In  addition  to  any  other apportionment pursuant to this chapter, a
school district, other than a special act school district as defined  in
subdivision eight of section four thousand one of this chapter, shall be
eligible  for total foundation aid equal to the product of total aidable
foundation pupil units multiplied by the district's selected  foundation
aid,  which shall be the greater of five hundred dollars ($500) or foun-
dation formula aid, provided, however that for the two thousand  seven--
two thousand eight through two thousand eight--two thousand nine and two
thousand  eleven--two  thousand  twelve through two thousand twelve--two
thousand thirteen school years, no school district shall  receive  total
foundation aid in excess of the sum of the total foundation aid base for
aid  payable  in  the two thousand seven--two thousand eight school year
computed pursuant to subparagraph (i) of paragraph j of subdivision  one
of this section, plus the phase-in foundation increase computed pursuant
to  paragraph  b  of  this  subdivision, and provided further that total
foundation aid shall not be less than the product of the  total  founda-
tion  aid  base  computed  pursuant to paragraph j of subdivision one of
this section and one hundred three percent, nor more than the product of
such total foundation aid base and  one  hundred  fifteen  percent,  and
provided  further  that  for the two thousand nine--two thousand ten and
two thousand ten--two thousand eleven school years, each school district
shall receive total foundation aid in an  amount  equal  to  the  amount
apportioned  to  such  school  district  for the two thousand eight--two
thousand nine school year pursuant to this  subdivision.  Total  aidable
foundation  pupil  units  shall be calculated pursuant to paragraph g of
subdivision two of this section.  For the purposes  of  calculating  aid
pursuant  to  this  subdivision, aid for the city school district of the
city of New York shall be calculated on a citywide basis.  NOTWITHSTAND-
ING ANY OTHER PROVISION OF THIS SUBDIVISION, TOTAL FOUNDATION AID  SHALL
BE INCREASED TO REFLECT THE REGIONAL COST INDEX OF THE SCHOOL DISTRICT.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

                                 PART Q

  Section 1. Section 3623-a of the education law is amended by adding  a
new subdivision 4 to read as follows:
  4.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRA-
RY, FOR SCHOOL YEARS COMMENCING AFTER JUNE THIRTIETH, TWO THOUSAND  TEN,
STATE  TRANSPORTATION  AID  SHALL  BE  EQUAL TO ALL TRANSPORTATION COSTS
INCURRED BY A SCHOOL DISTRICT.
  S 2. This act shall take effect April 1, 2010.

                                 PART R

  Section 1. Paragraph j of subdivision 14 of section 3602 of the educa-
tion law, as amended by section 17-b of part B of chapter 57 of the laws
of 2007, is amended to read as follows:
  j. For school districts which  reorganize  on  or  after  July  first,
[nineteen  hundred ninety-two] TWO THOUSAND TEN, the percent increase in
apportionment pursuant to paragraph  c  of  this  subdivision  shall  be

S. 5716--A                         19

[thirty]  SIXTY DURING THE YEAR OF SUCH REORGANIZATION, FIFTY DURING THE
FIRST YEAR AFTER SUCH REORGANIZATION, FORTY    DURING  THE  SECOND  YEAR
AFTER SUCH REORGANIZATION, THIRTY DURING THE THIRD YEAR AFTER SUCH REOR-
GANIZATION, TWENTY DURING THE FOURTH YEAR AFTER SUCH REORGANIZATION, AND
NO ADDITIONAL APPORTIONMENT THEREOF; provided that such school districts
meet  all  other requirements of the provisions of such paragraph c. All
other requirements of paragraph  c  OF  THIS  SUBDIVISION  shall  apply.
School  districts  which  receive  an apportionment under this paragraph
shall not be eligible for an apportionment under paragraph c[, e]  or  f
of this subdivision.
  S 2. This act shall take effect July 1, 2010.

                                 PART S

  Section  1.  Subparagraph 6 of paragraph n of subdivision 1 of section
3602 of the education law, as amended by section 11 of part B of chapter
57 of the laws of 2007, is amended to read as follows:
  (6) "Additional public school enrollment" shall mean resident students
with disabilities placed by public school districts in approved  private
schools, [the New York state school for the blind at Batavia, or the New
York  state school for the deaf at Rome] and resident students placed in
schools subject to the provisions of chapter five hundred sixty-three of
the laws of nineteen hundred eighty as amended.
  S 2. Section 4313 of the education law, as amended by  chapter  53  of
the  laws of 1990, paragraph a of subdivision 1 as amended by section 42
of part B of chapter 57 of the laws of  2007,  is  amended  to  read  as
follows:
  S 4313. [School  district  and  social  services  district  financial]
FINANCIAL responsibility.    [1.  Financial  responsibilities.    School
districts]  THE DEPARTMENT and [social services districts] THE OFFICE OF
CHILDREN AND FAMILY SERVICES  shall  be  responsible  for  the  cost  of
tuition and maintenance, respectively, for children in attendance at the
New  York  state school for the blind during the September first through
June thirtieth session. [Such costs shall  be  established  pursuant  to
section  forty-four  hundred  five of this chapter.   a.] 1. The [school
district of which any such child is resident at the time of admission or
readmission to the New York State school for the blind pursuant to  this
article]  DEPARTMENT  shall  [be  required  to reimburse the state in an
amount equal to the] MAKE tuition payments [made] to  the  state  school
[by  the state on behalf of the school district] FOR EACH CHILD WHO IS A
RESIDENT OF THE STATE.  [The comptroller shall  deduct  the  appropriate
tuition  amounts  from  any  state  funds  which  become due to a school
district for each year in which such child  is  in  attendance  at  such
school,  and  shall  deposit  such funds to the special revenue accounts
established for such purpose. Any tuition amounts deducted  pursuant  to
this  subdivision shall be included in the approved operating expense of
the school district pursuant  to  paragraph  t  of  subdivision  one  of
section thirty-six hundred two of this chapter.
  b.]  2. The [social services district in which any such child is resi-
dent at the time of admission or  readmission  to  the  New  York  state
school  for  the  blind pursuant to this article] OFFICE OF CHILDREN AND
FAMILY SERVICES shall be required to reimburse the [state] DEPARTMENT in
an amount equal to the maintenance payments made to the state school  by
the  [state] DEPARTMENT on behalf of [the social services district] SUCH
OFFICE. [The comptroller may deduct the appropriate maintenance  amounts
from  any state funds which become due to a social services district for

S. 5716--A                         20

each year in which such child is in attendance at such school only  upon
notification  by  the  commissioner  of  social services after receiving
notice by the  commissioner  of  education  that  such  social  services
district  has  failed  to remit the required maintenance payments to the
state within ninety days of the  date  on  which  such  social  services
district was billed by the state for services rendered, and shall depos-
it  such  funds  to  the  special  revenue accounts established for such
purpose.]
  S 3. Section 4357 of the education law, as amended by  chapter  53  of
the  laws of 1990, paragraph a of subdivision 1 as amended by section 43
of part B of chapter 57 of the laws of  2007,  is  amended  to  read  as
follows:
  S 4357. [School  district  and  social  services  district  financial]
FINANCIAL  responsibility.  1.   Financial   responsibilities.   [School
districts]  THE DEPARTMENT and [social services districts] THE OFFICE OF
CHILDREN AND FAMILY SERVICES shall  be  responsible  for  the  costs  of
tuition  and  maintenance,  respectively, for children attending the New
York state school for the deaf during the September first  through  June
thirtieth  session. [Such costs shall be established pursuant to section
forty-four hundred five of this chapter.] a.  The  [school  district  of
which any such child is resident at the time of admission or readmission
to  the  New  York  State  school for the deaf pursuant to this article]
DEPARTMENT shall [be required to reimburse the state in an amount  equal
to  the]  MAKE tuition payments [made] to the state school [by the state
on behalf of the school district] FOR EACH CHILD WHO IS  A  RESIDENT  OF
THE STATE. [The comptroller shall deduct the appropriate tuition amounts
from any state funds which become due to a school district for each year
in  which  such child is in attendance at such school, and shall deposit
such funds to the special revenue accounts established for such purpose.
Any tuition amounts deducted  pursuant  to  this  subdivision  shall  be
included in the approved operating expense of the school district pursu-
ant  to paragraph t of subdivision one of section thirty-six hundred two
of this chapter.]
  b. The [social services district in which any such child  is  resident
at the time of admission or readmission to the New York state school for
the  deaf  pursuant  to  this  article]  OFFICE  OF  CHILDREN AND FAMILY
SERVICES shall be required to reimburse the  [state]  DEPARTMENT  in  an
amount equal to the maintenance payments made to the state school by the
[state]  DEPARTMENT  on  behalf  of  [the social services district] SUCH
OFFICE. [The comptroller may deduct the appropriate maintenance  amounts
from  any state funds which become due to a social services district for
each year in which such child is in attendance at such school only  upon
notification  by  the  commissioner  of  social services after receiving
notice by the  commissioner  of  education  that  such  social  services
district  has  failed  to remit the required maintenance payments within
ninety days of the date on which such social services district is billed
by the state for services rendered, and shall deposit such amount to the
special revenue accounts established for such purpose.]
  2. Payment for preschool children with  handicapping  conditions.  The
state  [share of] SHALL PAY the costs of tuition, maintenance and trans-
portation for preschool children attending the New York state school for
the deaf during the July and August summer  session  and  the  September
through  June  session [shall be paid from the state moneys appropriated
in support of the provisions of section forty-four hundred ten  of  this
chapter.  The  remaining  share  shall be a charge on the county, or the
city of New York, of which any such child is resident  at  the  time  of

S. 5716--A                         21

admission or readmission to such school. The state share shall be as set
forth in paragraph b of subdivision eleven of section forty-four hundred
ten  of  this  chapter]. For the purposes of this subdivision "preschool
child"  shall mean a child not eligible, by reason of age, for the deaf-
infant program pursuant to section  forty-two  hundred  four-a  of  this
[chapter] TITLE and not eligible, by reason of age, to attend the public
schools  pursuant  to  section  thirty-two  hundred two of this chapter,
provided that a child shall be deemed  a  preschool  child  through  the
month  of  August  of  the  school year in which the child first becomes
eligible to attend the public schools. [Preschool education charges on a
county, or the city of New York, pursuant to this subdivision  shall  be
deducted  by  the  comptroller  within  thirty days of the issuance of a
warrant by the commissioner from any state funds which become due  to  a
county,  or the city of New York, and be credited to the special revenue
account established for such purpose.]  Such  tuition,  maintenance  and
transportation  costs shall be determined pursuant to section forty-four
hundred five of this [chapter] TITLE.
  3. Deaf infants. The full costs of a deaf-infant  program,  as  deter-
mined  by the commissioner [of education and approved by the director of
the budget], for children below the age of three served by the New  York
state  school  for the deaf pursuant to section forty-two hundred four-a
of this [chapter] TITLE shall be paid from the state moneys appropriated
in support of such section forty-two hundred four-a.
  S 4. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.

                                 PART T

  Section  1.  The executive law is amended by adding a new section 44-a
to read as follows:
  S 44-A. TAXPAYER REPORT CARD. 1. ANNUALLY, ON OR BEFORE  MARCH  FIRST,
THE  DEPARTMENT  OF  AUDIT AND CONTROL SHALL COMPILE AND PUBLISH IN BOTH
WRITTEN AND ELECTRONIC FORMS THE INFORMATION DERIVED FROM REPORTS TO THE
COMPTROLLER OR SUCH DEPARTMENT, AND FROM AUDITS CONDUCTED BY  THE  COMP-
TROLLER  OR  SUCH  DEPARTMENT,  RELATING  TO THE STATE AND ITS POLITICAL
SUBDIVISIONS AND ALL  AGENCIES  AND  PUBLIC  AUTHORITIES  THEREOF.  SUCH
INFORMATION  SHALL,  IN PARTICULAR, RELATE TO GOVERNMENT FINANCES DURING
THE IMMEDIATELY PRECEDING CALENDAR YEAR.
  2. THE INFORMATION PUBLISHED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
SECTION  SHALL BE KNOWN AS THE "TAXPAYER REPORT CARD". IT SHALL BE WRIT-
TEN IN CLEAR AND EASILY UNDERSTANDABLE LANGUAGE, AND INCLUDE  A  COMPRE-
HENSIVE  INDEX  WHICH  FACILITATES ACCESS TO SPECIFIC INFORMATION WITHIN
THE TAXPAYER REPORT CARD.
  3. THE TAXPAYER REPORT CARD SHALL INCLUDE DETAILED INFORMATION ON  ALL
EXPENDITURES  AND  REVENUE  OF THE STATE AND ITS POLITICAL SUBDIVISIONS,
AND ALL AGENCIES AND PUBLIC AUTHORITIES THEREOF.
  S 2. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.

                                 PART U

  Section  1.  The  state finance law is amended by adding a new section
24-a to read as follows:
  S 24-A. PUBLISHING OF PROPOSED BUDGET BILLS. NO LESS THAN THIRTY  DAYS
PRIOR  TO  THE  ENACTMENT  OF  THE BUDGET BILLS, AS SPECIFIED IN SECTION
TWENTY-FOUR OF THIS ARTICLE, BY THE LEGISLATURE, THE BUDGET  BILLS  THAT

S. 5716--A                         22

THE  LEGISLATURE  HAS AGREED TO ENACT SHALL BE PUBLISHED IN BOTH WRITTEN
AND ELECTRONIC FORMS AND MADE AVAILABLE TO THE PUBLIC BY THE SENATE  AND
THE  ASSEMBLY,  AND SHALL ALSO BE POSTED ON THE INTERNET WEBSITES OF THE
SENATE  AND  ASSEMBLY.  SUCH  PUBLISHING  AND POSTING OF THE AGREED UPON
BUDGET BILLS SHALL INCLUDE A DETAILED EXPLANATION OF THE BILLS  AND  THE
SOURCES OF REVENUE THEREFOR.
  S 2. Section 2801 of the public authorities law is amended by adding a
new subdivision 4 to read as follows:
  4.  ALL  AUTHORITIES.    EVERY  STATE OR LOCAL AUTHORITY HERETOFORE OR
HEREAFTER CONTINUED OR CREATED BY THIS  CHAPTER  SHALL,  NOT  LESS  THAN
THIRTY DAYS PRIOR TO THE APPROVAL OF THE ANNUAL BUDGET OF SUCH AUTHORITY
OR  COMMISSION,  PUBLISH  IN  BOTH WRITTEN AND ELECTRONIC FORMS AND MAKE
AVAILABLE TO THE PUBLIC THE PROPOSED BUDGET OF THE AUTHORITY OR  COMMIS-
SION,  AND  SHALL ALSO POST SUCH PROPOSED BUDGET ON THE INTERNET WEBSITE
OF THE COMMISSION OR AUTHORITY.  SUCH  PUBLISHING  AND  POSTING  OF  THE
PROPOSED  BUDGET  SHALL INCLUDE SUCH DETAILED INFORMATION AS IS REQUIRED
BY SUBDIVISION ONE OF THIS SECTION.
  S 3. The general municipal law is amended by adding a new section  3-c
to read as follows:
  S  3-C.  PUBLISHING OF PROPOSED BUDGET. NO LESS THAN THIRTY DAYS PRIOR
TO THE APPROVAL OF ANY ANNUAL BUDGET OF A  MUNICIPAL  CORPORATION,  SUCH
CORPORATION  SHALL PUBLISH IN BOTH WRITTEN AND ELECTRONIC FORMS AND MAKE
AVAILABLE TO THE PUBLIC THE PROPOSED  BUDGET  OF  THE  MUNICIPAL  CORPO-
RATION, AND SHALL ALSO POST SUCH PROPOSED BUDGET ON THE INTERNET WEBSITE
OF  THE  MUNICIPAL  CORPORATION.  SUCH  PUBLISHING  AND  POSTING  OF THE
PROPOSED BUDGET SHALL INCLUDE A DETAILED  EXPLANATION  OF  THE  PROPOSED
BUDGET AND THE SOURCES OF REVENUE THEREFOR.
  S  4. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a law.

                                 PART V

  Section 1. Section 40 of the executive law is amended by adding a  new
subdivision 4 to read as follows:
  4.  ANNUALLY,  ON  OR  BEFORE FEBRUARY FIFTEENTH, THE DEPARTMENT SHALL
COMPILE AND PUBLISH, IN WRITTEN FORM AND ON  ITS  DEPARTMENTAL  INTERNET
WEBSITE, A REPORT ON THE COSTS DURING THE IMMEDIATELY PRECEDING CALENDAR
YEAR  TO  EACH  MUNICIPAL  CORPORATION, AS DEFINED IN SECTION TWO OF THE
GENERAL MUNICIPAL LAW, OF THE REQUIREMENTS IMPOSED  THEREUPON  BY  STATE
LAWS,  RULES AND REGULATIONS. SUCH REPORT SHALL BE MADE AVAILABLE TO THE
PUBLIC, AND SUBMITTED TO THE GOVERNOR AND THE LEGISLATURE.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.

                                 PART W

  Section 1. The state finance law is amended by adding a new section 29
to read as follows:
  S 29. APPROPRIATIONS FOR PUBLIC ELEMENTARY AND SECONDARY EDUCATION. 1.
EACH FISCAL YEAR THE BUDGET SUBMITTED BY THE GOVERNOR AND ENACTED BY THE
LEGISLATURE  SHALL  CONTAIN  APPROPRIATIONS  FOR  THE  SUPPORT OF SCHOOL
DISTRICTS WHICH EQUAL OR EXCEED THE APPROPRIATIONS THEREFOR IN THE IMME-
DIATELY PRECEDING FISCAL YEAR.
  2. EACH FISCAL YEAR THE BUDGET SUBMITTED BY THE GOVERNOR  AND  ENACTED
BY  THE  LEGISLATURE SHALL CONTAIN, TO THE EXTENT PRACTICABLE, APPROPRI-
ATIONS FOR THE SUPPORT OF SCHOOL DISTRICTS WHICH PROVIDE  AN  ALLOCATION

S. 5716--A                         23

OF STATE FUNDS TO EACH SCHOOL DISTRICT EQUAL TO ONE-HALF OF THE EXPENDI-
TURES OF SUCH DISTRICT DURING THE FISCAL YEAR.
  3.  IN  ANY FISCAL YEAR IN WHICH THE APPROPRIATIONS FOR THE SUPPORT OF
SCHOOL DISTRICTS IN THE BUDGET ENACTED BY THE  LEGISLATURE  ARE  GREATER
THAN  THOSE IN THE BUDGET FOR THE IMMEDIATELY PRECEDING FISCAL YEAR, THE
DIFFERENCE BETWEEN SUCH APPROPRIATIONS SHALL BE ALLOCATED TO THE  SCHOOL
DISTRICTS  OF  THE  STATE  FOR THE EXPENSES OF EMPLOYEE HEALTH INSURANCE
PREMIUMS, PUBLIC RETIREMENT SYSTEM CONTRIBUTIONS  AND  THE  EXPENSES  OF
PROVIDING  SPECIAL  EDUCATION.  NO  ADDITIONAL  ALLOCATION TO ANY SCHOOL
DISTRICT PURSUANT TO THIS SUBDIVISION SHALL AUTHORIZE THE  REDUCTION  OF
ANY  ALLOCATION  OTHERWISE  PROVIDED  AND  REQUIRED TO BE DISBURSED TO A
SCHOOL DISTRICT. NOR SHALL THE PROVISIONS OF THIS  SUBDIVISION,  PREVENT
ANY  SCHOOL  DISTRICT  FROM  ELECTING  TO  RECEIVE INCREASED ALLOCATIONS
PURSUANT TO THE PROVISIONS OF THE EDUCATION LAW.
  S 2. Subparagraph 2 of paragraph b of subdivision 4 of section 3602 of
the education law, as amended by section 13 of part A of chapter  57  of
the laws of 2009, is amended to read as follows:
  (2)  For  the  two thousand seven--two thousand eight school year, the
phase-in foundation percent shall equal one  hundred  seven  and  sixty-
eight  hundredths  percent  (1.0768),  the  phase-in foundation increase
factor shall equal twenty percent (0.20), and the  phase-in  due-minimum
percent shall equal twelve and fifty-five hundredths percent (0.1255);
  for  the two thousand eight--two thousand nine school year, the phase-
in foundation percent  shall  equal  one  hundred  five  and  twenty-six
hundredths  percent  (1.0526),  the  phase-in foundation increase factor
shall equal thirty-seven and one-half percent (0.375), and the  phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
  for  the two thousand nine--two thousand ten school year, the phase-in
foundation percent shall equal one hundred two and five  tenths  percent
(1.025), the phase-in foundation increase factor shall equal thirty-sev-
en  and  one-half  percent (0.375), and the phase-in due-minimum percent
shall equal twelve and fifty-five hundredths percent (0.1255)
  for the two thousand ten--two thousand eleven school year, the  phase-
in  foundation  percent  shall  equal  one hundred seven and sixty-eight
hundredths percent (1.0768), the  phase-in  foundation  increase  factor
shall equal [thirty-seven and one-half] FORTY-ONE AND SIX-TENTHS percent
[(0.375)]  (0.416),  and  the  phase-in  due-minimum percent shall equal
twelve and fifty-five hundredths percent (0.1255);
  for the two thousand eleven--two  thousand  twelve  school  year,  the
phase-in  foundation  percent  shall  equal  one  hundred  five  and six
hundredths percent (1.0506), the  phase-in  foundation  increase  factor
shall  equal fifty-three and one-tenth percent (0.531), and the phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255); and
  for the two thousand twelve--two thousand thirteen  school  year,  the
phase-in  foundation  percent  shall  equal  one  hundred  two  and five
hundredths percent (1.0250), the  phase-in  foundation  increase  factor
shall  equal  seventy-five  percent (0.75), and the phase-in due-minimum
percent shall equal twelve and fifty-five hundredths percent (0.1255).
  S 3. This act shall take effect immediately.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section

S. 5716--A                         24

or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  4.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through W of this act shall  be
as specifically set forth in the last section of such Parts.