S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    855
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by M. of A. GUNTHER, ZEBROWSKI, GALEF, JAFFEE, HOOPER, COOK,
   McKEVITT, KOLB, CURRAN, MONTESANO -- Multi-Sponsored by --  M.  of  A.
   BLANKENBUSH,  CROUCH,  GIGLIO,  RAIA,  STEC,  TITONE  -- read once and
   referred 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:
 
   Section  1. The education law is amended by adding a new section 308-a
 to read as follows:
   § 308-A. REGULATORY MANDATES. 1. AS USED IN THIS SECTION,  "REGULATORY
 MANDATE"  MEANS  ANY RULE, REGULATION, ORDER, OR ADMINISTRATIVE GUIDANCE
 BY THE BOARD OF REGENTS, COMMISSIONER, OR AN EMPLOYEE OF THE  DEPARTMENT
 THAT  REQUIRES  A  SCHOOL  DISTRICT  TO CREATE A NEW PROGRAM, REQUIRES A
 HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM, OR ALTERS A PROGRAM  OR
 A  SERVICE  IN  A MANNER THAT INCREASES THE OPERATIONAL COST TO A SCHOOL
 DISTRICT.
   2.  IN THE EVENT THAT A REGULATORY MANDATE THAT IMPOSES A COST UPON  A
 SCHOOL DISTRICT AND IS ACTED UPON OR PROMULGATED BY THE REGENTS, COMMIS-
 SIONER,  OR AN EMPLOYEE OF THE DEPARTMENT AFTER THE ADOPTION OF A SCHOOL
 BUDGET, SUCH REGULATORY MANDATE SHALL NOT TAKE EFFECT UNTIL  THE  SUBSE-
 QUENT SCHOOL YEAR FOR WHICH SUCH SCHOOL BUDGET WAS ADOPTED.
   3.  NOTWITHSTANDING  SUBDIVISION  TWO  OF  THIS  SECTION, A REGULATORY
 MANDATE MAY BE IMPOSED IF:
   (A) THE REGULATORY MANDATE IS PROVIDED AT THE  OPTION  OF  THE  SCHOOL
 DISTRICT  UNDER  A  REGULATION,  RULE, ORDER, OR ADMINISTRATIVE GUIDANCE
 THAT IS PERMISSIVE RATHER THAN MANDATORY;
   (B) THE REGULATORY MANDATE IS REQUIRED BY, OR ARISES FROM,  AN  EXECU-
 TIVE ORDER OF THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
   (C)  THE  REGULATORY MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER
 THAT IMPLEMENTS 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.
   § 2. This act shall take effect immediately.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03132-01-7