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:

  Section 1. The education law is amended by adding a new section  308-a
to read as follows:
  S  308-A.  SPECIAL  PROVISIONS;  MANDATES. 1. AS USED IN THIS SECTION,
"MANDATE" MEANS (A) ANY STATE LAW, RULE OR REGULATION  WHICH  CREATES  A
NEW  PROGRAM  OR  REQUIRES  A  HIGHER  LEVEL  OF SERVICE FOR AN EXISTING
PROGRAM WHICH A SCHOOL DISTRICT, ORGANIZED EITHER  BY  SPECIAL  LAWS  OR
PURSUANT TO THE PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE, OR
  (B)  ANY  GENERAL  LAW  WHICH  GRANTS  A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION  WHICH  ANY  SUCH  SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  2.  IN  THE  EVENT  THAT  A MANDATE WHICH IMPOSES A COST UPON A SCHOOL
DISTRICT IS CREATED AFTER THE ADOPTION OF A SCHOOL BUDGET, SUCH  MANDATE
SHALL  NOT BE IMPLEMENTED UNTIL THE FOLLOWING YEAR FOR WHICH SUCH SCHOOL
BUDGET WAS ADOPTED.
  3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE CAN
BE IMPOSED IF:
  (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER
A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATO-
RY;
  (B) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER  OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (C)  THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER IMPOSES COSTS WHICH EXCEED THE  COSTS  MANDATED  BY  THE
FEDERAL GOVERNMENT.
  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