Bill Text: NY A04899 | 2015-2016 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Strong Partisan Bill (Republican 19-1)
Status: (Introduced - Dead) 2016-06-02 - held for consideration in education [A04899 Detail]
Download: New_York-2015-A04899-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4899 2015-2016 Regular Sessions I N A S S E M B L Y February 9, 2015 ___________ Introduced by M. of A. WALTER -- 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: 1 Section 1. The education law is amended by adding a new section 308-a 2 to read as follows: 3 S 308-A. SPECIAL PROVISIONS; MANDATES. 1. AS USED IN THIS SECTION, 4 "MANDATE" MEANS (A) ANY STATE LAW, RULE OR REGULATION WHICH CREATES A 5 NEW PROGRAM OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING 6 PROGRAM WHICH A SCHOOL DISTRICT, ORGANIZED EITHER BY SPECIAL LAWS OR 7 PURSUANT TO THE PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE, OR 8 (B) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR 9 INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH ANY SUCH SCHOOL 10 DISTRICT IS REQUIRED TO PROVIDE. 11 2. IN THE EVENT THAT A MANDATE WHICH IMPOSES A COST UPON A SCHOOL 12 DISTRICT IS CREATED AFTER THE ADOPTION OF A SCHOOL BUDGET, SUCH MANDATE 13 SHALL NOT BE IMPLEMENTED UNTIL THE FOLLOWING YEAR FOR WHICH SUCH SCHOOL 14 BUDGET WAS ADOPTED. 15 3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE CAN 16 BE IMPOSED IF: 17 (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER 18 A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATO- 19 RY; 20 (B) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF 21 THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR 22 (C) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE- 23 MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE 24 FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR 25 EXECUTIVE ORDER IMPOSES COSTS WHICH EXCEED THE COSTS MANDATED BY THE 26 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. LBD06350-01-5