S T A T E   O F   N E W   Y O R K
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                                  10130

                          I N  A S S E M B L Y

                              March 5, 2010
                               ___________

Introduced by M. of A. PAULIN, THIELE, WEISENBERG, ZEBROWSKI, SKARTADOS,
  KOON,  JAFFEE, GUNTHER, GALEF, DelMONTE -- Multi-Sponsored by -- M. of
  A. BOYLAND, GABRYSZAK, HOOPER, REILLY -- read once and referred to the
  Committee on Education

AN ACT to amend the education law and  the  general  municipal  law,  in
  relation  to  enacting  the  education mandate relief act of 2010; and
  providing for the repeal of certain  provisions  upon  the  expiration
  thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "education mandate relief act of 2010."
  S  2.  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 NO SOONER THAN  THE  FOLLOWING  YEAR  FOR
WHICH SUCH SCHOOL BUDGET WAS ADOPTED.
  3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE MAY
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11869-03-0
              

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  (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  3.  Paragraph  h of subdivision 25 of section 1709 of the education
law, as added by chapter 700 of the laws of 1993, is amended to read  as
follows:
  h.  (1)  The board of education is authorized to enter into a contract
with another school district, a county, municipality, or the state divi-
sion for youth to provide transportation for children, provided that the
contract cost is appropriate. In determining the appropriate transporta-
tion contract cost, the transportation service provider school  district
shall  use  a  calculation  consistent  with  regulations adopted by the
commissioner for the purpose of assuring that charges reflect  the  true
costs  that  would  be  incurred by a prudent person in the conduct of a
competitive transportation business.
  (2) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOURTEEN OF  SECTION
THREE  HUNDRED  FIVE  OF  THIS CHAPTER, SECTION ONE HUNDRED THREE OF THE
GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,
THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO ENTER INTO A SHARED TRANS-
PORTATION SERVICES CONTRACT WITH ANOTHER SCHOOL DISTRICT THAT TRANSPORTS
STUDENTS  PURSUANT  TO A CONTRACT WITH A PRIVATE TRANSPORTATION CONTRAC-
TOR, PROVIDED THAT THE BOARD FINDS THAT THE CONTRACT COST IS APPROPRIATE
AND ENTRY INTO A SHARED TRANSPORTATION SERVICES CONTRACT WILL RESULT  IN
A COST SAVINGS TO THE SCHOOL DISTRICT. FOR PURPOSES OF THIS PARAGRAPH, A
"SHARED  TRANSPORTATION  SERVICES  CONTRACT"  MEANS  A  CONTRACT FOR THE
TRANSPORTATION OF  STUDENTS  THAT:  (1)  PROVIDES  TRANSPORTATION  TO  A
LOCATION  OUTSIDE  THE  STUDENTS'  SCHOOL DISTRICT OF RESIDENCE TO WHICH
ANOTHER SCHOOL DISTRICT IS ALREADY PROVIDING TRANSPORTATION TO  ITS  OWN
STUDENTS  THROUGH  AN  EXISTING  CONTRACT  WITH A PRIVATE TRANSPORTATION
CONTRACTOR, OTHER THAN A COOPERATIVELY BID CONTRACT; (2) IS ENTERED INTO
BY THE  PRIVATE  TRANSPORTATION  CONTRACTOR  AND  EACH  SCHOOL  DISTRICT
INVOLVED;  AND  (3)  PROVIDES  FOR TRANSPORTATION IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF SUCH EXISTING TRANSPORTATION CONTRACT.
  S 4. Paragraph f of subdivision 2-a of section 1950 of  the  education
law,  as  amended by chapter 602 of the laws of 1994, is amended to read
as follows:
  f. [In the event of a vacancy in the membership of a board of  cooper-
ative  educational  services  which occurs prior to January first in any
school year or during the period commencing five days prior to the  date
designated  for  submission of nominations of candidates to the board of
cooperative educational services and ending  on  the  last  day  of  the
school  year, a special election to fill such vacancy shall be conducted
in accordance with the provisions of paragraphs  b,  c  and  d  of  this
subdivision  on a date designated by the president of the board of coop-
erative educational services not late than  forty-five  days  after  the
date  the vacancy occurred.] In the event of a vacancy in the membership
of a board of cooperative educational services [which occurs on or after
January first and prior to the fifth day preceding the  date  designated
for  submission  of  nominations  of candidates the board of cooperative
educational services], SUCH BOARD may fill such vacancy  by  appointment
and  the  person  so  appointed  shall hold office until the next annual
election of the board of  cooperative  educational  services.  [Notwith-
standing  any  other  provision  of  this subdivision, any vacancy which
occurs on or after July first, nineteen hundred ninety-three  and  prior

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to  January  first,  nineteen  hundred  ninety-four shall be filled by a
special election in accordance with paragraphs b, c and d of this subdi-
vision.]
  S  5. Subdivision 4 of section 1950 of the education law is amended by
adding a new paragraph oo to read as follows:
  OO. THE BOARDS OF COOPERATIVE EDUCATIONAL SERVICES (BOCES) IN  COOPER-
ATION  WITH  THE  DISTRICT  SUPERINTENDENT APPOINTED PURSUANT TO SECTION
TWENTY-TWO HUNDRED FOUR OF THIS  CHAPTER  SHALL  CONVENE  COMMITTEES  OF
SCHOOL  AND  COMMUNITY LEADERS IN EACH BOCES REGION TO RECOMMEND OPTIONS
FOR SCHOOL DISTRICT CONSOLIDATION AND SHARED SERVICES AND ISSUE A REPORT
BASED ON SUCH FINDINGS TO THE COMMISSIONER, NO LATER  THAN  JULY  FIRST,
TWO  THOUSAND ELEVEN.   SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO
AN EXAMINATION OF THE VIABILITY OF REGIONAL  ADMINISTRATIVE  OPERATIONS,
TRANSPORTATION,   ENERGY  PROCUREMENT  AND  HEALTH  INSURANCE  PROGRAMS,
INCLUDING THE BULK PURCHASE OF PRESCRIPTION DRUGS.
  S 6. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of
the education law, as amended by chapter 474 of the  laws  of  1996,  is
amended to read as follows:
  (1)  Aidable  shared  services.  At  the  request  of component school
districts, and with the approval of the commissioner, provide any of the
following services on a cooperative basis: school nurse teacher, attend-
ance supervisor, supervisor of teachers, dental hygienist, psychologist,
teachers of art, music, physical education, career  education  subjects,
guidance  counsellors,  operation  of  special classes for students with
disabilities, as such term is defined in  article  eighty-nine  of  this
chapter;  pupil  and financial accounting service by means of mechanical
equipment; CLAIMS AUDITING OR INTERNAL  AUDITING  SERVICES;  maintenance
and  operation  of cafeteria or restaurant service for the use of pupils
and teachers while at school, and such other services as the commission-
er may approve. Such cafeteria or restaurant service may be used by  the
community  for  school  related  functions and activities and to furnish
meals to the elderly residents of the district, sixty years  of  age  or
older.  Utilization  by elderly residents or school related groups shall
be subject to the approval of the board of education. Charges  shall  be
sufficient  to  bear  the direct cost of preparation and serving of such
meals, exclusive of any other available reimbursements.
  S 7. Paragraph a of subdivision 4 of section  2023  of  the  education
law,  as  added  by  section  24 of part A of chapter 436 of the laws of
1997, is amended to read as follows:
  a. The contingency budget shall not result in a percentage increase in
total spending over the  district's  total  spending  under  the  school
district  budget  for  the prior school year that exceeds the lesser of:
(i) THE AVERAGE OF THE PREVIOUS FIVE YEARS OF the result  obtained  when
one  hundred  twenty percent is multiplied by the percentage increase in
the consumer price index, with the result rounded to two decimal places;
or (ii) four percent.
  S 8. Paragraphs b and c of subdivision 1 of section 6-r of the general
municipal law, as added by chapter 260 of the laws of 2004, are  amended
to read as follows:
  b.  "Participating  employer"  means:  (I) a participating employer as
defined in subdivision twenty of  section  two  of  the  retirement  and
social  security  law  or in subdivision twenty of section three hundred
two of such law; OR (II) AN EMPLOYER AS DEFINED IN SUBDIVISION THREE  OF
SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW.
  c.  "Retirement  contribution"  shall  mean  all or any portion of the
amount payable by a municipal corporation to: (I) either  the  New  York

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state  and  local employees' retirement system or the New York state and
local police and fire retirement system pursuant to section seventeen or
three hundred seventeen of the retirement and social  security  law;  OR
(II)  THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION
FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW.
  S 9.  This act shall take effect immediately, provided, however, that:
  a. section six of this act shall take effect July 1, 2011; and
  b. section seven of this act shall take effect May 1, 2010  and  shall
apply  to  school  district budget votes for the 2010-11 school year and
shall expire June 30, 2011 when upon such date the  provisions  of  such
section shall be deemed repealed.