Assembly Bill A9312

2021-2022 Legislative Session

Relates to the effect of mandates on school districts

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A9312 (ACTIVE) - Details

See Senate Version of this Bill:
S5914
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §308-a, Ed L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1252
2011-2012: S1432
2013-2014: S5043
2015-2016: S2968
2017-2018: S1020
2019-2020: S3000
2023-2024: A4767, S7312

2021-A9312 (ACTIVE) - Summary

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

2021-A9312 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9312
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced by M. of A. LAWLER -- 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:
   §  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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08651-01-1

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