[ ] is old law to be omitted.
LBD16292-02-2
S. 7783 2
services law, in relation to the training of persons assigned to be
supervisors by a child protective service
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 810 of the education law, as amended by chapter 616
of the laws of 1969 and subdivision 1 as amended by chapter 96 of the
laws of 1978, is amended to read as follows:
S 810. [Conservation] EARTH day. [1. The last Friday in April each
year is hereby made and declared to be known as Conservation day, and
observed in accordance with the provisions of this chapter, except that
for the year nineteen hundred seventy-eight, Conservation day shall be
May third.
2. It shall be the duty of the authorities of every public school in
this state to assemble the pupils in their charge on that day in the
school building, or elsewhere, as they may deem proper, and to provide
for and conduct (1) such exercises as shall tend to encourage the plant-
ing, protection and preservation of trees and shrubs, and an acquaint-
ance with the best methods to be adopted to accomplish such results, and
(2) such lectures, pictures or tours, as shall tend to increase the
interest and knowledge of such pupils in the fish and wild life, soil
and water of the state.
3. The commissioner of education may prescribe from time to time a
course of exercises and instruction in the subjects hereinbefore
mentioned, which shall be adopted and observed by the public school
authorities on Conservation day. Upon receipt of copies of such course
sufficient in number to supply all the schools under their supervision,
the school authorities aforesaid shall promptly provide each of the
schools under their charge with a copy, and cause it to be observed]
ANNUALLY, IT SHALL BE THE DUTY OF THE AUTHORITIES OF EVERY PUBLIC SCHOOL
IN THIS STATE TO OBSERVE EARTH DAY AS THEY MAY DEEM PROPER AND TO
ENCOURAGE INSTRUCTION ON THE EARTH'S NATURAL ENVIRONMENT AS APPROPRIATE.
S 2. Section 3035 of the education law is amended by adding a new
subdivision 3-b to read as follows:
3-B. UPON REQUEST FROM A PROSPECTIVE EMPLOYEE WHO HAS BEEN CLEARED BY
THE COMMISSIONER OF MOTOR VEHICLES PURSUANT TO SECTION FIVE HUNDRED
NINE-CC OR SECTION TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAF-
FIC LAW, THE DEPARTMENT OF MOTOR VEHICLES SHALL BE AUTHORIZED TO FORWARD
A COPY OF SUCH INDIVIDUAL'S CRIMINAL HISTORY RECORD AND SUCH INDIVID-
UAL'S FINGERPRINTS TO THE COMMISSIONER FOR PURPOSES OF CONDUCTING A
CRIMINAL HISTORY RECORD CHECK PURSUANT TO THIS SECTION. FURTHERMORE,
UPON NOTIFICATION THAT SUCH PROSPECTIVE EMPLOYEE HAS BEEN CLEARED FOR
EMPLOYMENT BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL HAVE THE AUTHORITY TO PROVIDE SUBSEQUENT
CRIMINAL HISTORY NOTIFICATIONS DIRECTLY TO THE COMMISSIONER.
S 3. Paragraph d of subdivision 4 of section 3641 of the education law
is REPEALED.
S 4. Subdivision 1-b of section 103 of the general municipal law, as
added by section 4 of subpart A of part C of chapter 97 of the laws of
2011, is amended read as follows:
1-b. A political subdivision or any district therein shall have the
option of purchasing information technology and telecommunications hard-
ware, software and professional services through cooperative purchasing
permissible pursuant to federal general services administration informa-
S. 7783 3
tion technology schedule seventy or any successor schedule. A political
subdivision or any district therein that purchases through general
services administration schedule seventy, information technology and
consolidated schedule contracts shall comply with federal schedule
ordering procedures as provided in federal acquisition regulation
8.405-1 or 8.405-2 or successor regulations, whichever is applicable.
Adherence to such procedures shall constitute compliance with the
competitive bidding requirements under this section. IN ADDITION, A
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE
THE OPTION OF PURCHASING OTHER GOODS OR SERVICES THROUGH COOPERATIVE
PURCHASING PERMISSIBLE PURSUANT TO A GENERAL SERVICES ADMINISTRATION
CONTRACT. A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
THAT PURCHASES OTHER SERVICES THROUGH GENERAL SERVICE ADMINISTRATION
CONTRACTS SHALL COMPLY WITH THE APPLICABLE FEDERAL SCHEDULE ORDERING
PROCEDURES AS PROVIDED IN THE FEDERAL ACQUISITION REGULATIONS AS APPLI-
CABLE.
S 5. Subdivision 17 of section 1950 of the education law is REPEALED.
S 6. Section 2215 of the education law is amended by adding a new
subdivision 17 to read as follows:
17. TO DETERMINE THE ADEQUACY AND APPROPRIATENESS OF THE FACILITIES
SPACE AVAILABLE TO HOUSE SPECIAL EDUCATION PROGRAMS IN THE GEOGRAPHIC
AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CONSISTENT
WITH THE LEAST RESTRICTIVE ENVIRONMENT REQUIREMENT AND TO ENSURE THE
STABILITY AND CONTINUITY OF PROGRAM PLACEMENTS FOR STUDENTS WITH DISA-
BILITIES, INCLUDING PROCEDURES THAT ENSURE THAT SPECIAL EDUCATION
PROGRAMS AND SERVICES LOCATED IN APPROPRIATE FACILITIES WILL NOT BE
RELOCATED WITHOUT ADEQUATE CONSIDERATION OF THE NEEDS OF PARTICIPATING
STUDENTS WITH DISABILITIES.
S 7. Subdivision 8 of section 3604 of the education law, as amended by
section 46 of part H of chapter 83 of the laws of 2002, is amended to
read as follows:
8. No school shall be in session on a Saturday or a legal holiday,
except general election day, Washington's birthday and Lincoln's birth-
day, and except that driver education classes may be conducted on a
Saturday. A deficiency not exceeding [three] FOUR days during any school
year caused by teachers' attendance upon conferences held by superinten-
dents of schools of city school districts or other school districts
employing superintendents of schools shall be excused by the commission-
er, NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, A SCHOOL DISTRICT MAY ELECT TO SCHEDULE SUCH CONFERENCE DAYS
IN THE LAST TWO WEEKS OF AUGUST AND SUCH DAYS SHALL BE COUNTED TOWARDS
THE REQUIRED ONE HUNDRED EIGHTY DAYS OF SESSION, provided however,
[notwithstanding any other provision of law, that during the nineteen
hundred ninety-two--ninety-three through the two thousand two--two thou-
sand three school years and thereafter, the] THAT SUCH SCHEDULING SHALL
NOT ALTER THE OBLIGATION OF THE SCHOOL DISTRICT TO PROVIDE TRANSPORTA-
TION TO STUDENTS IN NON-PUBLIC ELEMENTARY AND SECONDARY SCHOOLS OR CHAR-
TER SCHOOLS. THE commissioner shall excuse a deficiency not exceeding
four days during such school year caused by teachers' attendance upon
conferences held by such superintendents, provided that at least two
such conference days during such school year shall be dedicated to staff
attendance upon conferences providing staff development relating to
implementation of the new high learning standards and assessments, as
adopted by the board of regents. Notwithstanding any other provision of
law, rule or regulation to the contrary, school districts may elect to
use one or more of such allowable conference days in units of not less
S. 7783 4
than one hour each to provide staff development activities relating to
implementation of the new high learning standards and assessments. A
district making such election may provide such staff development during
the regularly scheduled daily session and apply such units to satisfy a
deficiency in the length of one or more daily sessions of instruction
for pupils as specified in regulations of the commissioner. The commis-
sioner shall assure that such conference days include appropriate school
violence prevention and intervention training, and may require that up
to one such conference day be dedicated for such purpose.
S 8. Clause (d-2) of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
S 9. Paragraph a of subdivision 2 of section 4402 of the education
law, as amended by chapter 243 of the laws of 1989, is amended to read
as follows:
a. The board of education or trustees of each school district shall be
required to furnish suitable educational opportunities for [children
with handicapping conditions] STUDENTS WITH DISABILITIES by one of the
special services or programs listed in subdivision two of section
forty-four hundred one. The need of the individual child shall determine
which of such services shall be rendered. Each district shall provide to
the maximum extent appropriate such services in a manner which enables
[children with handicapping conditions] STUDENTS WITH DISABILITIES to
participate in regular education services when appropriate. Such
services or programs shall be furnished between the months of September
and June of each year, except that for the nineteen hundred eighty-sev-
en--eighty-eight school year and thereafter, with respect to the
students whose [handicapping conditions] DISABILITIES are severe enough
to exhibit the need for a structured learning environment of twelve
months duration to maintain developmental levels, the board of education
or trustees of each school district upon the recommendation of the
committee on special education [and, in the first instance, the consent
of the parent] shall also provide, either directly or by contract, for
the provision of special services and programs as defined in section
forty-four hundred one of this article during the months of July and
August as contained in the individualized education program for each
eligible [child] STUDENT, and with prior approval by the commissioner if
required; provided that [(i) a student with a handicapping condition who
is first eligible to attend public school in the nineteen hundred eight-
y-seven--eighty-eight school year shall not be eligible to receive
services pursuant to this paragraph during the months of July and August
nineteen hundred eighty-seven and (ii) a student with a handicapping
condition who is first eligible to attend public school in the nineteen
hundred eighty-eight--eighty-nine school year shall not be eligible to
receive services pursuant to this paragraph during the months of July
and August nineteen hundred eighty-eight and (iii) a student with a
handicapping condition who is eligible for services during the months of
July and August nineteen hundred eighty-nine pursuant to the provisions
of subdivision six of section forty-four hundred ten of this article
shall not be eligible to receive services pursuant to this paragraph
during such months and (iv)] a student with a [handicapping condition]
DISABILITY who is eligible for services, including services during the
months of July and August, pursuant to section forty-four hundred ten of
this article shall not be eligible to receive services pursuant to this
paragraph during the months of July and August.
S 10. Paragraphs (a) and (c) of subdivision 9-a of section 4410 of the
education law, paragraph (a) as amended by chapter 581 of the laws of
S. 7783 5
2011 and paragraph (c) as added by chapter 82 of the laws of 1995, are
amended to read as follows:
(a) A [school district or a] group of appropriately licensed and/or
certified professionals associated with a public or private agency may
apply to the commissioner for approval as an evaluator on a form
prescribed by the commissioner. The commissioner shall approve evalu-
ators pursuant to this subdivision consistent with the approval process
for the multi-disciplinary evaluation component of programs approved
pursuant to subdivision nine of this section consistent with regulations
adopted pursuant to such subdivision. ALL SCHOOL DISTRICTS ARE DEEMED
APPROVED EVALUATORS OF PRESCHOOL STUDENTS SUSPECTED OF HAVING A DISABIL-
ITY WITHOUT THE NEED TO SUBMIT AN APPLICATION TO THE COMMISSIONER.
Such application shall include, but not be limited to, a description
of the multi-disciplinary evaluation services proposed to be provided
and a demonstration that all agency employees and staff who provide such
evaluation services shall have appropriate licensure and/or certif-
ication and that the individual who shall have direct supervision
responsibilities over such staff shall have an appropriate level of
experience in providing evaluation or services to preschool or kinder-
garten-aged children with disabilities. To be eligible for approval as
an evaluator under this subdivision on and after July first, two thou-
sand eleven, a group of appropriately licensed or certified profes-
sionals shall be formed as a limited liability company or professional
services corporation established pursuant to article fifteen of the
business corporation law, article twelve or thirteen of the limited
liability company law or article eight-B of the partnership law. The
approval of any groups of licensed or certified professionals that are
in existence on July first, two thousand eleven and would not be eligi-
ble for approval thereafter shall terminate on July first, two thousand
thirteen.
(c) The commissioner shall establish a billing and reimbursement
system for services provided by SCHOOL DISTRICTS AND evaluators approved
pursuant to the provisions of this subdivision consistent with billing
and reimbursement for evaluation services provided by evaluators
approved pursuant to the provisions of subdivision nine of this section.
S 11. Subclause (viii) of clause (a) of subparagraph 1 of paragraph b
of subdivision 1 of section 4402 of the education law, as amended by
chapter 194 of the laws of 2004, is amended to read as follows:
(viii) IF REQUESTED BY THE PARENT OR PERSON IN PARENTAL RELATIONSHIP
TO THE STUDENT, an additional parent, residing in the school district or
a neighboring school district, of a student with a disability, of a
student who has been declassified and is no longer eligible for an indi-
vidualized education program (IEP), or a parent of a disabled child who
has graduated, for a period of five years beyond the student's declassi-
fication or graduation, provided such parent shall not be employed by or
under contract with the school district[, and provided further that such
additional parent shall not be a required member if the parents request
that such additional parent member not participate]. DISTRICTS SHALL
PROVIDE PARENTS AND PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENT
NOTICE OF THE RIGHT TO REQUEST THE PARTICIPATION OF AN ADDITIONAL
PARENT;
S 12. Paragraph a of subdivision 7 of section 4402 of the education
law, as added by chapter 408 of the laws of 2002, is amended to read as
follows:
a. The board of education or trustees of each school district and the
board of trustees of each charter school shall adopt a policy to ensure
S. 7783 6
that each regular education teacher, special education teacher, related
service provider, and other service provider who is responsible for the
implementation of a student's individualized education program shall be
given a copy of such student's individualized education program prior to
the implementation of such program OR SHALL BE ABLE TO ACCESS SUCH
STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM ELECTRONICALLY; PROVIDED,
HOWEVER, IF THE POLICY PROVIDES THAT THE STUDENT'S INDIVIDUALIZED EDUCA-
TION PROGRAM IS TO BE ACCESSED ELECTRONICALLY, THEN SUCH POLICY SHALL
ALSO ENSURE THAT THE INDIVIDUALS RESPONSIBLE FOR THE IMPLEMENTATION OF A
STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM SHALL BE NOTIFIED AND TRAINED
ON HOW TO ACCESS SUCH INDIVIDUALIZED EDUCATION PROGRAMS ELECTRONICALLY.
S 13. Subdivision 2 of section 2116-b of the education law, as added
by chapter 263 of the laws of 2005, is amended to read as follows:
2. School districts of less than eight teachers, school districts with
actual general fund expenditures totaling less than five million dollars
in the previous school year, or school districts with actual enrollment
of less than [three hundred] ONE THOUSAND students in the previous
school year shall be exempt from this requirement. Any school district
claiming such exemption shall annually certify to the commissioner that
such school district meets the requirements set forth in this subdivi-
sion. ANY SCHOOL DISTRICT WITH ACTUAL ENROLLMENT OF LESS THAN ONE THOU-
SAND STUDENTS IN THE PREVIOUS SCHOOL YEAR THAT HAS ESTABLISHED AN INTER-
NAL AUDIT FUNCTION MAY DISCONTINUE SUCH FUNCTION, UPON NOTICE TO THE
STATE COMPTROLLER AND THE COMMISSIONER.
S 14. The general municipal law is amended by adding a new section 25
to read as follows:
S 25. FUNDING OF MANDATES. 1. DEFINITIONS. AS USED IN THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
SHALL OTHERWISE REQUIRE:
(A) "MANDATE" MEANS:
(I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE; OR
(II) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO-
RATION IS REQUIRED TO PROVIDE.
(B) "UNFUNDED MANDATE" SHALL MEAN:
(I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO THE MUNICIPAL CORPORATION;
(II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO
PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO THE MUNICIPAL
CORPORATION; OR
(III) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO-
RATION IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL
COST TO THE MUNICIPAL CORPORATION.
(C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN
PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE LOCAL GOVERNMENT ON ACCOUNT OF
THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
(I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
S. 7783 7
(II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
(III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
2. FUNDING OF MUNICIPAL CORPORATION MANDATES. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, NO UNFUNDED MANDATE SHALL BE ENACTED WHICH
CREATES AN ANNUAL NET ADDITIONAL COST TO ANY MUNICIPAL CORPORATION.
3. EXEMPTIONS TO THE FUNDING OF MUNICIPAL CORPORATION MANDATES
REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR
EXPANDED PROGRAMS IF:
(I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
(II) THE MANDATE IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT
UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
(III) THE MANDATE RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM
OR SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT LOCAL GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE
PROGRAM OR SERVICE;
(IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
(V) 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 RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
(B) EACH ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED ON MUNICIPAL CORPORATIONS SHALL BE
CONSISTENT WITH THE NEEDS OF THE STATE AND MUNICIPAL CORPORATIONS TO
PLAN IMPLEMENTATION THEREOF AND CONSISTENT WITH THE AVAILABILITY OF
REQUIRED FUNDS.
S 15. The education law is amended by adding a new section 1527-a to
read as follows:
S 1527-A. FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1. DEFI-
NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
(A) "MANDATE" MEANS:
(I) 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
(II) 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.
(B) "UNFUNDED MANDATE" SHALL MEAN:
(I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH ANY
SUCH SCHOOL DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
(II) ANY ALTERATION IN FUNDING PROVIDED TO ANY SUCH SCHOOL DISTRICT
FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED
TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL
DISTRICT; OR
(III) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH ANY SUCH SCHOOL
S. 7783 8
DISTRICT IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL
COST TO SUCH SCHOOL DISTRICT.
(C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL DISTRICT IN
PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE SCHOOL DISTRICT ON ACCOUNT OF THE
MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
(I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
(II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
(III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
2. FUNDING OF SCHOOL DISTRICT MANDATES. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, NO UNFUNDED MANDATE SHALL BE ENACTED WHICH CREATES AN
ANNUAL NET ADDITIONAL COST TO ANY SCHOOL DISTRICT.
3. EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS
FOR SCHOOL DISTRICTS IF:
(I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
(II) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT
UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
(III) THE MANDATE RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A SCHOOL DISTRICT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR
SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE
PROGRAM OR SERVICE;
(IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
(V) 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 RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
(B) EACH ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL DISTRICTS SHALL BE CONSISTENT
WITH THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN IMPLEMENTATION
THEREOF, AND ALSO CONSISTENT WITH THE AVAILABILITY OF REQUIRED FUNDS.
S 16. 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 THE FOLLOWING YEAR FOR WHICH SUCH SCHOOL
BUDGET WAS ADOPTED.
3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE CAN
BE IMPOSED IF:
S. 7783 9
(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.
S 17. Subdivision 6 of section 2.30 of the criminal procedure law, as
amended by chapter 491 of the laws of 2010, is amended to read as
follows:
6. A certificate attesting to satisfactory completion of the training
requirements imposed under this section awarded to any peace officer by
the [executive director] CHAIRMAN of the municipal police training coun-
cil pursuant to this section shall remain valid:
(a) during the holder's continuous service as a peace officer; and
(b) for [two] FIVE years after the date of the commencement of an
interruption in such service where the holder had, immediately prior to
such interruption, served as a peace officer [for less than two consec-
utive years; or
(c) for four years after the date of the commencement of an inter-
ruption in such service where the holder had, immediately prior to such
interruption, served as a peace officer for two consecutive years or
longer].
As used in this subdivision, the term "interruption" shall mean a
period of separation from employment as a peace officer by reason of
such officer's leave of absence, resignation or removal, other than
removal for cause.
S 18. Subdivisions 1 and 1-a of section 209-q of the general municipal
law, subdivision 1 as amended by chapter 735 of the laws of 1988, para-
graphs (b) and (c) of subdivision 1 as amended by chapter 551 of the
laws of 2001 and subdivision 1-a as added by chapter 671 of the laws of
1967, are amended to read as follows:
1. (a) Notwithstanding the provisions of any general, special or local
law or charter to the contrary, no person shall[, after July first,
nineteen hundred sixty,] receive an original appointment on a permanent
basis as a police officer of any county, city, town, village or police
district unless such person has previously been awarded a certificate by
the [executive director] CHAIRMAN of the municipal police training coun-
cil created under article thirty-five of the executive law, attesting to
his OR HER satisfactory completion of an approved municipal police basic
training program; and every person who is appointed [on a temporary
basis or for a probationary term or on other than a permanent basis] as
a police officer [of any county, city, town, village or police district]
shall forfeit his OR HER position as such unless he OR SHE previously
has satisfactorily completed, or within the time prescribed by regu-
lations promulgated by the governor pursuant to section eight hundred
forty-two of the executive law, satisfactorily completes[, a] AN
APPROVED municipal police basic training program [for temporary or
probationary police officers] and is awarded a certificate by such
[director] CHAIRMAN attesting thereto.
(b) A certificate attesting to satisfactory completion of an approved
municipal police basic training program awarded by the [executive direc-
S. 7783 10
tor] CHAIRMAN of the municipal police training council pursuant to this
subdivision shall remain valid:
(i) during the holder's continuous service as a police officer [or
peace officer who has an equivalency certificate for police officer
training or an approved course for state university of New York public
safety officers issued in accordance with subdivision three of section
eight hundred forty-one of the executive law]; and
(ii) for [two] FIVE years after the date of the commencement of an
interruption in such service where the holder had, immediately prior to
such interruption, served as a police officer [or peace officer who has
an equivalency certificate for police officer training or an approved
course for state university of New York public safety officers issued in
accordance with subdivision three of section eight hundred forty-one of
the executive law, for less than two consecutive years]; or
(iii) [for four years after the date of the commencement of an inter-
ruption in such service where the holder had, immediately prior to such
interruption, served as a police officer or peace officer who has an
equivalency certificate for police officer training or an approved
course for state university of New York public safety officers issued in
accordance with subdivision three of section eight hundred forty-one of
the executive law, for two consecutive years or longer; or
(iv)] where the holder, whose interruption in continuous service as a
police officer does not exceed ten years, has satisfactorily completed
an approved police officer refresher course [or where a peace officer,
who seeks an equivalency certificate for police officer training or an
approved course for state university of New York public safety officers
issued in accordance with subdivision three of section eight hundred
forty-one of the executive law, has satisfactorily completed relevant
police officer training courses,] as prescribed by the municipal police
training council.
(c) As used in this subdivision, the term "interruption" shall mean a
period of separation from employment as a police officer [or peace offi-
cer who has an equivalency certificate for police officer training or an
approved course for state university of New York public safety officers
issued in accordance with subdivision three of section eight hundred
forty-one of the executive law,] by reason of such officer's leave of
absence, resignation or removal, other than removal for cause.
1-a. Notwithstanding the provisions of any general, special or local
law or charter, the promotion of any police officer to a first-line
supervisory position [on or after July first, nineteen hundred sixty-
seven,] shall not become permanent unless such police officer has previ-
ously been awarded a certificate by the [executive director] CHAIRMAN of
the municipal police training council created under article [nineteen-f]
THIRTY-FIVE of the executive law, attesting to his OR HER satisfactory
completion of an approved course in police supervision as prescribed by
the municipal police training council. Any police officer who is
promoted on any basis to a first-line supervisory position [on or after
July first, nineteen hundred sixty-seven] shall forfeit such promotion
unless he OR SHE previously has satisfactorily completed, or within the
time prescribed by regulations promulgated by the governor pursuant to
section [four hundred eighty-four] EIGHT HUNDRED FORTY-TWO of the execu-
tive law satisfactorily completes, the prescribed course in police
supervision and is awarded a certificate by such [director] CHAIRMAN
attesting thereto.
S. 7783 11
S 19. Subdivision 1 of section 103 of the general municipal law, as
amended by section 1 of chapter 2 of the laws of 2012, is amended to
read as follows:
1. Except as otherwise expressly provided by an act of the legislature
or by a local law adopted prior to September first, nineteen hundred
fifty-three, all contracts for public work involving an expenditure of
more than [thirty-five] ONE HUNDRED thousand dollars and all purchase
contracts involving an expenditure of more than [twenty] FIFTY thousand
dollars, shall be awarded by the appropriate officer, board or agency of
a political subdivision or of any district therein including but not
limited to a soil conservation district to the lowest responsible bidder
furnishing the required security after advertisement for sealed bids in
the manner provided by this section, provided, however, that purchase
contracts (including contracts for service work, but excluding any
purchase contracts necessary for the completion of a public works
contract pursuant to article eight of the labor law) may be awarded on
the basis of best value, as defined in section one hundred sixty-three
of the state finance law, to a responsive and responsible bidder or
offerer in the manner provided by this section except that in a poli-
tical subdivision other than a city with a population of one million
inhabitants or more or any district, board or agency with jurisdiction
exclusively therein the use of best value for awarding a purchase
contract or purchase contracts must be authorized by local law or, in
the case of a district corporation, school district or board of cooper-
ative educational services, by rule, regulation or resolution adopted at
a public meeting. In any case where a responsible bidder's or responsi-
ble offerer's gross price is reducible by an allowance for the value of
used machinery, equipment, apparatus or tools to be traded in by a poli-
tical subdivision, the gross price shall be reduced by the amount of
such allowance, for the purpose of determining the best value. In cases
where two or more responsible bidders furnishing the required security
submit identical bids as to price, such officer, board or agency may
award the contract to any of such bidders. Such officer, board or agency
may, in his or her or its discretion, reject all bids or offers and
readvertise for new bids or offers in the manner provided by this
section. In determining whether a purchase is an expenditure within the
discretionary threshold amounts established by this subdivision, the
officer, board or agency of a political subdivision or of any district
therein shall consider the reasonably expected aggregate amount of all
purchases of the same commodities, services or technology to be made
within the twelve-month period commencing on the date of purchase.
Purchases of commodities, services or technology shall not be arti-
ficially divided for the purpose of satisfying the discretionary buying
thresholds established by this subdivision. A change to or a renewal of
a discretionary purchase shall not be permitted if the change or renewal
would bring the reasonably expected aggregate amount of all purchases of
the same commodities, services or technology from the same provider
within the twelve-month period commencing on the date of the first
purchase to an amount greater than the discretionary buying threshold
amount. For purposes of this section, "sealed bids" and "sealed offers",
as that term applies to purchase contracts, (including contracts for
service work, but excluding any purchase contracts necessary for the
completion of a public works contract pursuant to article eight of the
labor law) shall include bids and offers submitted in an electronic
format including submission of the statement of non-collusion required
by section one hundred three-d of this article, provided that the
S. 7783 12
governing board of the political subdivision or district, by resolution,
has authorized the receipt of bids and offers in such format. Submission
in electronic format may, for technology contracts only, be required as
the sole method for the submission of bids and offers. Bids and offers
submitted in an electronic format shall be transmitted by bidders and
offerers to the receiving device designated by the political subdivision
or district. Any method used to receive electronic bids and offers shall
comply with article three of the state technology law, and any rules and
regulations promulgated and guidelines developed thereunder and, at a
minimum, must (a) document the time and date of receipt of each bid and
offer received electronically; (b) authenticate the identity of the
sender; (c) ensure the security of the information transmitted; and (d)
ensure the confidentiality of the bid or offer until the time and date
established for the opening of bids or offers. The timely submission of
an electronic bid or offer in compliance with instructions provided for
such submission in the advertisement for bids or offers and/or the spec-
ifications shall be the responsibility solely of each bidder or offerer
or prospective bidder or offerer. No political subdivision or district
therein shall incur any liability from delays of or interruptions in the
receiving device designated for the submission and receipt of electronic
bids and offers.
S 20. Subdivision 1 of section 103 of the general municipal law, as
amended by section 2 of chapter 2 of the laws of 2012, is amended to
read as follows:
1. Except as otherwise expressly provided by an act of the legislature
or by a local law adopted prior to September first, nineteen hundred
fifty-three, all contracts for public work involving an expenditure of
more than [thirty-five] ONE HUNDRED thousand dollars and all purchase
contracts involving an expenditure of more than [twenty] FIFTY thousand
dollars, shall be awarded by the appropriate officer, board or agency of
a political subdivision or of any district therein including but not
limited to a soil conservation district to the lowest responsible bidder
furnishing the required security after advertisement for sealed bids in
the manner provided by this section, provided, however, that purchase
contracts (including contracts for service work, but excluding any
purchase contracts necessary for the completion of a public works
contract pursuant to article eight of the labor law) may be awarded on
the basis of best value, as defined in section one hundred sixty-three
of the state finance law, to a responsive and responsible bidder or
offerer in the manner provided by this section except that in a poli-
tical subdivision other than a city with a population of one million
inhabitants or more or any district, board or agency with jurisdiction
exclusively therein the use of best value of awarding a purchase
contract or purchase contracts must be authorized by local law or, in
the case of a district corporation, school district or board of cooper-
ative educational services, by rule, regulation or resolution adopted at
a public meeting. In determining whether a purchase is an expenditure
within the discretionary threshold amounts established by this subdivi-
sion, the officer, board or agency of a political subdivision or of any
district therein shall consider the reasonably expected aggregate amount
of all purchases of the same commodities, services or technology to be
made within the twelve-month period commencing on the date of purchase.
Purchases of commodities, services or technology shall not be arti-
ficially divided for the purpose of satisfying the discretionary buying
thresholds established by this subdivision. A change to or a renewal of
a discretionary purchase shall not be permitted if the change or renewal
S. 7783 13
would bring the reasonably expected aggregate amount of all purchases of
the same commodities, services or technology from the same provider
within the twelve-month period commencing on the date of the first
purchase to an amount greater than the discretionary buying threshold
amount. In any case where a responsible bidder's or responsible
offerer's gross price is reducible by an allowance for the value of used
machinery, equipment, apparatus or tools to be traded in by a political
subdivision, the gross price shall be reduced by the amount of such
allowance, for the purpose of determining the low bid or best value. In
cases where two or more responsible bidders furnishing the required
security submit identical bids as to price, such officer, board or agen-
cy may award the contract to any of such bidders. Such officer, board or
agency may, in his, her or its discretion, reject all bids or offers and
readvertise for new bids or offers in the manner provided by this
section.
S 21. Paragraph (c) of subdivision 5 of section 421 of the social
services law, as added by chapter 525 of the laws of 2006, is amended to
read as follows:
(c) require all persons assigned to be a supervisor by a child protec-
tive service on or after April first, nineteen hundred eighty-six, shall
have satisfactorily completed, within the first three months of employ-
ment as a supervisor or within three months of the effective date of
this paragraph, whichever shall occur first, a course in the fundamen-
tals of child protection developed by the office of children and family
services. Such training course shall, among other things, strengthen and
expand current training procedures for child protective service supervi-
sors; provide the skills, knowledge and standards to practice effective
case planning and case management; provide comprehensive assessment
tools needed in critical decision making; require participation in the
existing common core training required by child protective service case-
workers ONLY WHEN SUCH SUPERVISOR HAS NEVER HAD SUCH TRAINING OR MORE
THAN FIVE YEARS HAVE ELAPSED SINCE SUCH TRAINING; strengthen recognition
and response to safety and risk indicators; improve skills to promote
consistent implementation of training and practice; provide the neces-
sary tools and assistance to build the ability to coach and monitor
child protective service caseworkers and model effective investigation
practice; increase cultural competency and sensitivity; and establish an
annual in service training program specifically focused on child protec-
tive service supervisors.
S 22. This act shall take effect July 1, 2012; provided that in the
event this act shall become a law after such date, it shall take effect
immediately and shall be deemed to have been in full force and effect on
and after July 1, 2012; and provided further that:
(a) the amendments to subdivision 1-b of the general municipal law
made by section four of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith;
(b) sections fourteen through sixteen of this act shall be deemed to
have been in full force and effect on and after April 1, 2012 and shall
apply to any general or special law imposing mandates on municipal
corporations or school districts enacted on or after such effective
date;
(c) the commissioner of education shall adopt any regulations needed
to implement the provisions of sections sixteen through twenty-one of
this act on or before July 1, 2013; and
(d) provided further that the amendments to subdivision 1 of section
103 of the general municipal law, made by section nineteen of this act,
S. 7783 14
shall be subject to the expiration and reversion of such subdivision
pursuant to subdivision (a) of section 41 of part X of chapter 62 of the
laws of 2003, as amended, when upon such date the provisions of section
twenty of this act shall take effect.
