Bill Text: NY A01317 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Slight Partisan Bill (Republican 11-7)

Status: (Introduced - Dead) 2016-01-06 - referred to education [A01317 Detail]

Download: New_York-2015-A01317-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1317
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 9, 2015
                                      ___________
       Introduced  by M. of A. GUNTHER, ZEBROWSKI, GALEF, JAFFEE, HOOPER, COOK,
         McKEVITT, CORWIN, KOLB, CURRAN, MONTESANO -- Multi-Sponsored by --  M.
         of  A. BLANKENBUSH, CROUCH, DUPREY, 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:
    1    Section  1. The education law is amended by adding a new section 308-a
    2  to read as follows:
    3    S 308-A. REGULATORY MANDATES. 1. AS USED IN THIS SECTION,  "REGULATORY
    4  MANDATE"  MEANS  ANY RULE, REGULATION, ORDER, OR ADMINISTRATIVE GUIDANCE
    5  BY THE BOARD OF REGENTS, COMMISSIONER, OR AN EMPLOYEE OF THE  DEPARTMENT
    6  THAT  REQUIRES  A  SCHOOL  DISTRICT  TO CREATE A NEW PROGRAM, REQUIRES A
    7  HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM, OR ALTERS A PROGRAM  OR
    8  A  SERVICE  IN  A MANNER THAT INCREASES THE OPERATIONAL COST TO A SCHOOL
    9  DISTRICT.
   10    2.  IN THE EVENT THAT A REGULATORY MANDATE THAT IMPOSES A COST UPON  A
   11  SCHOOL DISTRICT AND IS ACTED UPON OR PROMULGATED BY THE REGENTS, COMMIS-
   12  SIONER,  OR AN EMPLOYEE OF THE DEPARTMENT AFTER THE ADOPTION OF A SCHOOL
   13  BUDGET, SUCH REGULATORY MANDATE SHALL NOT TAKE EFFECT UNTIL  THE  SUBSE-
   14  QUENT SCHOOL YEAR FOR WHICH SUCH SCHOOL BUDGET WAS ADOPTED.
   15    3.  NOTWITHSTANDING  SUBDIVISION  TWO  OF  THIS  SECTION, A REGULATORY
   16  MANDATE MAY BE IMPOSED IF:
   17    (A) THE REGULATORY MANDATE IS PROVIDED AT THE  OPTION  OF  THE  SCHOOL
   18  DISTRICT  UNDER  A  REGULATION,  RULE, ORDER, OR ADMINISTRATIVE GUIDANCE
   19  THAT IS PERMISSIVE RATHER THAN MANDATORY;
   20    (B) THE REGULATORY MANDATE IS REQUIRED BY, OR ARISES FROM,  AN  EXECU-
   21  TIVE ORDER OF THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
   22    (C)  THE  REGULATORY MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER
   23  THAT IMPLEMENTS A FEDERAL LAW  OR  REGULATION  AND  RESULTS  FROM  COSTS
   24  MANDATED  BY  THE  FEDERAL  GOVERNMENT  TO  BE BORNE AT THE LOCAL LEVEL,
   25  UNLESS THE STATUTE OR EXECUTIVE ORDER IMPOSES  COSTS  WHICH  EXCEED  THE
   26  COSTS MANDATED BY THE FEDERAL GOVERNMENT.
   27    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01675-01-5