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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 08, 2014 |
referred to governmental employees |
| Mar 04, 2013 |
referred to governmental employees |
Assembly Bill A5619
2013-2014 Legislative Session
Enacts the "framework for the future act"; repealer
download bill text pdfSponsored By
ENGLEBRIGHT
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
Actions
co-Sponsors
Michelle Schimel
2013-A5619 (ACTIVE) - Details
- Current Committee:
- Assembly Governmental Employees
- Law Section:
- Education Law
- Laws Affected:
- Add §§521-a & 3602-g, amd §§3602, 305, 1950, 3623-a, 4313 & 4357, rpld §3602 sub 5-a, §1950 sub 4 ¶a sub¶ 2, Ed L; amd §§161, 163, 165-a & 167, Civ Serv L; add §49, amd §51, Leg L; add §§13 & 44-a, amd §40, Exec L; add §201-b, St Ad Proc Act; amd §54, add §§28, 24-a & 29, St Fin L; add §1001-b, amd §2801, Pub Auth L; add §3-d, Gen Muni L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A7209
2011-2012: A5498
2013-A5619 (ACTIVE) - Summary
Enacts the "framework for the future act"; requires the state to pay one-half of the employer contributions to the New York state teachers' retirement system; provides that officers and employees of school districts and boards of cooperative educational services shall participate in the state employee health plan, one-half of which shall be financed by the state; provides an apportionment to school districts for the one-half amount of the additional cost of pupils with a disability
2013-A5619 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5619
2013-2014 Regular Sessions
I N A S S E M B L Y
March 4, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, SCHIMEL -- read once and referred to
the Committee on Governmental Employees
AN ACT to enact the "framework for the future act"; to amend the educa-
tion law, in relation to requiring the state to pay one-half of the
employer contributions to the New York state teachers' retirement
system (Part A); to amend the civil service law, in relation to the
provision of a health insurance plan to the officers and employees of
school districts and boards of cooperative educational services, and
their dependents (Part B); to amend the education law, in relation to
public high cost excess cost aid; and to repeal subdivision 5-a of
section 3602 of such law relating to supplemental public excess cost
aid (Part C); to direct state leaders to lobby for greater federal
funding of state public education (Part D); to direct the governor to
establish a study group to evaluate and make recommendations relating
to the extent to which state mandates exceed federal mandates; to
amend the state finance law, in relation to requiring state reimburse-
ment of localities for additional mandate expenses; and providing for
the repeal of certain provisions upon the expiration thereof (Part E);
to amend the legislative law, in relation to prohibiting unfunded
mandates (Part F); to amend the legislative law, the executive law and
the state administrative procedure act, in relation to requiring
disclosure of the cost and source of funding of any provision requir-
ing a political subdivision of the state to expend additional funds
(Part G); to amend the education law, in relation to directing the
commissioner of education to develop and implement a program to
provide information, expertise and assistance to school districts to
facilitate consolidation (Part H); to amend the state finance law and
the education law, in relation to efficiency study grants for school
districts (Part I); to amend the education law, in relation to expand-
ing the authority of boards of cooperative educational services to
provide shared services to their component school districts; and to
repeal subparagraph 2 of paragraph a of subdivision 4 of section 1950
of such law relating to limitations on the compensation payable to the
superintendent of such board (Part J); to amend the education law, in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09334-01-3
A. 5619 2
relation to providing state aid to boards of cooperative educational
services for career and technical education (Part K); to direct the
commissioner of education to establish a task force to analyze and
report on alternative methods of funding charter schools which do not
reduce the funding of the school districts of residence; and providing
for the repeal of such provisions upon expiration thereof (Part L); to
amend the education law, in relation to providing state aid to school
districts for energy cost increases (Part M); to amend the public
authorities law, in relation to directing the power authority of the
state of New York to provide financing for energy conservation
improvements to schools (Part N); to amend the education law, in
relation to authorizing boards of cooperative educational services to
operate regional transportation systems (Part O); to amend the educa-
tion law, in relation to total foundation aid to school districts
(Part P); to amend the education law, in relation to providing trans-
portation aid based upon school district expenses therefor (Part Q);
to amend the education law, in relation to increasing reorganization
incentive aid (Part R); to amend the education law, in relation to the
financial responsibility for state schools for the blind and the deaf
(Part S); to amend the executive law, in relation to directing the
department of audit and control to compile and publish an annual
taxpayer report card (Part T); to amend the state finance law, the
public authorities law and the general municipal law, in relation to
requiring governmental entities to publish a detailed copy of their
proposed budget not less than 30 days prior to approval thereof (Part
U); to amend the executive law, in relation to directing the depart-
ment of audit and control to publish an annual report on the costs to
municipal corporations of requirements imposed thereon by state law,
rules and regulations (Part V); and to amend the state finance law and
the education law, in relation to appropriations for the support of
school districts (Part W)
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 "framework for the future act".
S 2. This act enacts into law major components of legislation which
are necessary to reform real property taxation for the support of public
schools, and enhancing the efficiency and transparency of the funding of
public education. Each component is wholly contained within a Part iden-
tified as Parts A through W. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision of any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section four of this act sets forth the
general effective date of this act.
PART A
Section 1. The education law is amended by adding a new section 521-a
to read as follows:
A. 5619 3
S 521-A. STATE CONTRIBUTIONS. 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, ON AND AFTER JULY FIRST, TWO THOUSAND THIRTEEN, THE STATE SHALL
PAY ONE-HALF OF ALL EMPLOYER CONTRIBUTIONS, EXCEPT WHEN THE EMPLOYER IS
THE STATE OR A STATE AGENCY, REQUIRED TO BE MADE TO THE RETIREMENT
SYSTEM PURSUANT TO THIS ARTICLE OR ANY OTHER PROVISION OF LAW REQUIRING
CONTRIBUTIONS TO THE RETIREMENT SYSTEM.
2. THE STATE COMPTROLLER SHALL, BY RULE OR REGULATION, ESTABLISH A
SYSTEM FOR THE PAYMENT BY THE STATE OF THE CONTRIBUTIONS REQUIRED BY
SUBDIVISION ONE OF THIS SECTION.
S 2. This act shall take effect immediately.
PART B
Section 1. Subdivision 1 of section 161 of the civil service law, as
amended by section 2 of part T of chapter 56 of the laws of 2010, is
amended to read as follows:
1. The president is hereby authorized and directed to establish a
health benefit plan for state officers and employees and their depen-
dents and officers and employees of the state colleges of agriculture,
home economics, industrial labor relations and veterinary medicine, the
state agricultural experiment station at Geneva, and any other institu-
tion or agency under the management and control of Cornell university as
the representative of the board of trustees of the state university of
New York, and the state college of ceramics under the management and
control of Alfred university as the representative of the board of trus-
tees of the state university of New York and their dependents; AND THE
OFFICERS AND EMPLOYEES OF SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE
EDUCATIONAL SERVICES, AND THEIR DEPENDENTS which, subject to the condi-
tions and limitations contained in this article, and in the regulations
of the president, will provide for group hospitalization, surgical and
medical insurance against the financial costs of hospitalization,
surgery, medical treatment and care, and may include, among other things
prescribed drugs, medicines, prosthetic appliances, hospital in-patient
and out-patient service benefits and medical expense indemnity benefits.
S 2. Subdivisions 1, 2, 4 and 7 of section 163 of the civil service
law, subdivisions 1, 2 and 7 as amended by section 4 of part T of chap-
ter 56 of the laws of 2010, and subdivision 4 as amended by chapter 329
of the laws of 1960, are amended to read as follows:
1. All persons in the service of the state, A SCHOOL DISTRICT OR A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, whether elected, appointed or
employed, who elect to participate in such health benefit plan shall be
eligible to participate therein, provided, however, that the president
may adopt such regulations as he or she may deem appropriate excluding
temporary, part time or intermittent employment.
2. The contract or contracts shall provide for health benefits for
retired employees of the state and of the state colleges of agriculture,
home economics, industrial labor relations and veterinary medicine, the
state agricultural experiment station at Geneva, and any other institu-
tion or agency under the management and control of Cornell university as
the representative of the board of trustees of the state university of
New York, and the state college of ceramics under the management and
control of Alfred university as the representative of the board of trus-
tees of the state university of New York[,]; AND OF THE SCHOOL DISTRICTS
AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES IN THE STATE; and their
spouses and dependent children as defined by the regulations of the
president, on such terms as the president may deem appropriate,
A. 5619 4
PROVIDED, HOWEVER, THAT FOR EMPLOYEES, AND THEIR SPOUSES AND DEPENDENTS,
THE EMPLOYER SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PAY ONE-HALF OF THE EXPENSES OF ADMINISTRATION OF THE
PLAN AS DETERMINED BY THE PRESIDENT, and the president may authorize the
inclusion in the plan of the employees and retired employees of public
authorities, public benefit corporations, [school districts,] special
districts, district corporations, municipal corporations excluding
active employees and retired employees of cities having a population of
one million or more inhabitants whose compensation is or was before
retirement paid out of the city treasury, or other appropriate agencies,
subdivisions or quasi-public organizations of the state, including
active members of volunteer fire and volunteer ambulance companies serv-
ing one or more municipal corporations pursuant to subdivision seven of
section ninety-two-a of the general municipal law, and their spouses and
dependent children as defined by the regulations of the president. Any
such corporation, district, agency or organization electing to partic-
ipate in the plan shall be required to pay its proportionate share of
the expenses of administration of the plan in such amounts and at such
times as determined and fixed by the president. All amounts payable for
such expenses of administration shall be paid to the commissioner of
taxation and finance and shall be applied to the reimbursement of funds
previously advanced for such purposes. Neither the state nor any other
participant in the plan shall be charged with the particular experience
attributable to the employees of the participant, and all dividends or
retroactive rate credits shall be distributed pro-rata based upon the
number of employees of such participant covered by the plan.
4. Any public authority, public benefit corporation, [school
district,] special district, district corporation, municipal corpo-
ration, or other agency, subdivision or quasi-public organization of the
state, whose employees and retired employees are authorized to be
included in the plan as provided by subdivision two OF THIS SECTION, may
elect to participate in such plan. Any such election shall be exercised
by the adoption of a resolution by its governing body and, in the case
of any municipal corporation where a resolution of its governing body is
required by law to be approved by any other body or officer, such resol-
ution shall also be approved by such other body or officer. Any such
election may be made with respect to inclusion in the plan of both its
employees and its retired employees at the same time, or may be made
only with respect to its employees alone and at another time with
respect to its retired employees. Any such authority, corporation,
district, agency, subdivision or organization making such election shall
become a participating employer under such plan, subject to and in
accordance with the regulations of the president relating thereto.
7. For purposes of eligibility for participation in the health benefit
plan no person shall be deemed to be a state officer or employee or to
be in the service of the state unless his OR HER salary or compensation
is paid directly by the state, and no person shall be deemed to be a
retired officer or employee of the state unless his OR HER salary or
compensation immediately preceding his OR HER retirement was paid
directly by the state; provided, however, that all active and retired
justices, judges, officers and employees of the supreme court, surro-
gate's court, county court, family court, civil court of the city of New
York, criminal court of the city of New York and district court in any
county, officers and employees of the office of probation for the courts
of New York city, AND ALL ACTIVE AND RETIRED OFFICERS AND EMPLOYEES OF A
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES shall be
A. 5619 5
eligible for participation in the health benefit plan whether or not
their salaries are paid or before retirement were paid directly by the
state.
S 3. Section 165-a of the civil service law, as amended by section 6
of part T of chapter 56 of the laws of 2010, the closing paragraph as
amended by chapter 582 of the laws of 2011, is amended to read as
follows:
S 165-a. Continuation of state health benefit plans for survivors of
employees of the state, OF A SCHOOL DISTRICT, OF A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES and/or of a political subdivision or of a public
authority. Notwithstanding any other provision of law to the contrary,
the president shall permit the unremarried spouse and the dependents,
otherwise qualified as eligible for coverage under regulations of the
president, of a person who was an employee of the state, OF A SCHOOL
DISTRICT, OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES and/or of a
political subdivision thereof or of a public authority for not less than
ten years, provided however, that the ten-year service requirement shall
not apply to such employees on active military duty in connection with
the Persian Gulf conflict who die on or after August second, nineteen
hundred ninety while in the Persian Gulf combat zone or while performing
such military duties, who had been a participant in any of the state
health benefit plans, to continue under the coverage which such deceased
employee had in effect at the time of death, upon the payment at inter-
vals determined by the president of the full cost of such coverage[,];
provided, however, that the unremarried spouse of an active employee of
the [State] STATE, OF A SCHOOL DISTRICT OR OF A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES who died on or after April first, nineteen hundred
seventy-five and before April first, nineteen hundred seventy-nine who
timely elected to continue dependent coverage, or such unremarried
spouse who timely elected individual coverage shall continue to pay at
intervals determined by the president one-quarter of the full cost of
dependent coverage and provided further, that, with regard to employees
of the [State] STATE, where and to the extent that an agreement pursuant
to article fourteen of this chapter so provides, or where the director
of employee relations, with respect to employees of the [State] STATE,
OF A SCHOOL DISTRICT OR OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES
who are not included within a negotiating unit so recognized or certi-
fied pursuant to article fourteen of this chapter whom the director of
employee relations determines should be declared eligible for the
continuation of health benefit plans for the survivors of such employees
of the [State] STATE, the president shall adopt regulations providing
for the continuation of such health benefit or benefits by the unremar-
ried spouse of an active employee of the [State] STATE, OF A SCHOOL
DISTRICT OR OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES who died on
or after April first, nineteen hundred seventy-nine who elects to
continue dependent coverage, or such unremarried spouse who elects indi-
vidual coverage, and upon such election shall pay at intervals deter-
mined by the president one-quarter of the full cost of dependent cover-
age and, provided further with respect to enrolled employees of a
political subdivision or public authority in a negotiating unit recog-
nized or certified pursuant to article fourteen of this chapter, where
an agreement negotiated pursuant to said article so provides, and with
respect to enrolled employees of a political subdivision or public
authority not included within a negotiating unit so recognized or certi-
fied, at the discretion of the appropriate political subdivision or
public authority, the unremarried spouse of an active employee of the
A. 5619 6
political subdivision or of the public authority who died on or after
April first, nineteen hundred seventy-five, may elect to continue
dependent coverage or such unremarried spouse may elect individual
coverage and upon such election shall pay at intervals determined by the
president one-quarter of the full cost of dependent coverage.
The president shall adopt such regulations as may be required to carry
out the provisions of this [subdivision] SECTION which shall include,
but need not be limited to, provisions for filing application for
continued coverage.
Notwithstanding any law to the contrary, the survivors of any employee
subject to this section shall be entitled to the health benefits granted
pursuant to this section, provided that such employee died while on
active duty pursuant to Title 10 of the United States Code, with the
armed forces of the United States or to service in the uniformed
services pursuant to Chapter 43 of Title 38 of the United States Code,
and such member died on such active duty or service in the uniformed
services on or after June fourteenth, two thousand five as a result of
injuries, disease or other medical condition sustained or contracted in
such active duty with the armed forces of the United States or in the
uniformed services.
S 4. Subdivision 1 of section 167 of the civil service law, as amended
by chapter 582 of the laws of 1988, paragraph (a) as amended by section
7 of part T of chapter 56 of the laws of 2010, and paragraph (b) as
amended by chapter 317 of the laws of 1995, is amended to read as
follows:
1. (a) The full cost of premium or subscription charges for the cover-
age of retired state EMPLOYEES, AND ONE-HALF OF SUCH COSTS FOR COVERAGE
OF SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES employ-
ees who are enrolled in the statewide and the supplementary health bene-
fit plans established pursuant to this article and who retired prior to
January first, nineteen hundred eighty-three shall be paid by the state.
Nine-tenths of the cost of premium or subscription charges for the
coverage of state EMPLOYEES, AND FORTY-FIVE PERCENT OF SUCH COSTS FOR
COVERAGE OF SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
employees and retired state, SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES employees retiring on or after January first, nine-
teen hundred eighty-three who are enrolled in the statewide and supple-
mentary health benefit plans shall be paid by the state. Three-quarters
of the cost of premium or subscription charges for the coverage of
dependents of such state EMPLOYEES, AND THREE-EIGHTHS OF SUCH COSTS FOR
COVERAGE OF SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
employees and retired state, SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES employees shall be paid by the state. Except as
provided in paragraph (b) of this subdivision, the state shall contrib-
ute toward the premium or subscription charges for the coverage of each
state, SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
employee or retired state, SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES employee who is enrolled in an optional benefit
plan and for the dependents of such state, SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES employee or retired state, SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES employee the same
dollar amount which would be paid by the state for the premium or
subscription charges for the coverage of such state, SCHOOL DISTRICT OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES employee or retired state,
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES employee
and his or her dependents if he or she were enrolled in the statewide
A. 5619 7
and the supplementary health benefit plans, but not in excess of the
premium or subscription charges for the coverage of such state, SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES employee or
retired state, SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES employee and his or her dependents under such optional benefit
plan. For purposes of this subdivision, employees of the state colleges
of agriculture, home economics, industrial labor relations, and veteri-
nary medicine, the state agricultural experiment station at Geneva, and
any other institution or agency under the management and control of
Cornell university as the representative of the board of trustees of the
state university of New York, and employees of the state college of
ceramics under the management and control of Alfred university as the
representative of the board of trustees of the state university of New
York, shall be deemed to be state employees whose salaries or compen-
sation are paid directly by the state.
(b) Effective January first, nineteen hundred eighty-nine, notwith-
standing any other law, rule or regulation, and where, and to the extent
that, an agreement between the state and an employee organization
entered into pursuant to article fourteen of this chapter so provides or
where and to the extent the employee health insurance council so directs
with respect to any other state, SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES employees and for retired state, SCHOOL DISTRICT OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES employees retiring on or after
January first, nineteen hundred eighty-three, the state shall contribute
nine-tenths of the cost of premiums or subscription charges for coverage
of each such state EMPLOYEE, AND FORTY-FIVE PERCENT OF SUCH COSTS FOR
COVERAGE OF SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
employee or retired state, SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES employee who is enrolled in an optional benefit
plan and three-fourths of such premium or subscription charges for
dependents of such state EMPLOYEES, AND THREE-EIGHTHS OF SUCH COSTS FOR
COVERAGE OF SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
employees or retired state, SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES employees enrolled in such optional benefit plan;
provided, however, effective January first, nineteen hundred ninety-six,
the contribution rates for the hospitalization and medical components of
each optional benefit plan shall not exceed one hundred percent of the
dollar amount of the state's contribution toward the hospitalization and
medical components of individual and dependent coverage, respectively,
in the Empire Plan. In the case of state employees retiring prior to
January first, nineteen hundred eighty-three, the state shall contribute
one hundred percent of the individual premium and three-fourths of such
premium for dependents of such retired employees enrolled in such
optional benefit plan; however, these contribution rates shall not
exceed one hundred percent of the employer dollar amount contribution
for individual and dependent coverage respectively in the Empire Plan.
S 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
PART C
Section 1. Subdivision 5 of section 3602 of the education law, as
added by section 13 of part B of chapter 57 of the laws of 2007, is
amended to read as follows:
5. Public high cost excess cost aid. A school district having a pupil
with a disability of school age for whom the cost, as approved by the
A. 5619 8
commissioner, of appropriate special services or programs exceeds the
[lesser of ten thousand dollars or four times the expense per pupil
without limits shall be entitled to an additional apportionment for each
such child computed by multiplying the district's excess cost aid ratio
by the amount by which such cost exceeds three times the] district's
expense per pupil [without limits] SHALL BE ENTITLED TO AN ADDITIONAL
APPORTIONMENT FOR EACH SUCH CHILD EQUAL TO ONE-HALF OF THE EXCESS OF THE
COST FOR SUCH CHILD WITH A DISABILITY OVER THE DISTRICT'S EXPENSES PER
PUPIL.
[a.] For the purpose of this subdivision[:
(1) Expense], "EXPENSE per pupil [for the purposes of this subdivi-
sion]" shall be not less than two thousand dollars and not more than the
greater of seven thousand one hundred ten dollars or the statewide aver-
age of such expense per pupil. Such statewide average expense per pupil
shall be computed and rounded to the nearest fifty dollars by the
commissioner using the expense and pupils as estimated by school
districts or as determined by the commissioner for use in determining
the expense per pupil of the district pursuant to paragraph f of subdi-
vision one of this section for all districts eligible for aid pursuant
to this section. For the purposes of calculating such statewide expense
per pupil, the data for the city school district of the city of New York
shall be city-wide data.
[(2) The excess cost aid ratio shall be computed by subtracting from
one the product obtained by multiplying fifty-one per centum by the
combined wealth ratio. This aid ratio shall be expressed as a decimal
carried to three places without rounding, but not less than twenty-five
percent.
b. Notwithstanding section thirty-six hundred nine-a of this part, the
apportionment provided for in this subdivision shall be paid pursuant to
section thirty-six hundred nine-b of this part.]
S 2. Subdivision 5-a of section 3602 of the education law is REPEALED.
S 3. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.
PART D
Section 1. The governor, executive chamber, commissioner of education
and legislative leaders are hereby directed to engage in ongoing contact
with members of the United States House of Representatives, United
States Senators and the President of the United States to maximize
federal funding to the education system of the state of New York for the
purposes of both general education and special education.
S 2. This act shall take effect immediately.
PART E
Section 1. Within 60 days of the effective date of this act the gover-
nor shall establish and convene a study group to evaluate state mandates
as compared to the federal mandates.
S 2. Such study group shall be composed of members who have extensive
experience in the provision of services, required pursuant to federal
law, rules or regulations.
S 3. The lieutenant-governor shall be the chair of the study group
established by this act. The study group shall meet at such times and
places as shall be determined by the lieutenant-governor.
A. 5619 9
S 4. The members of the study group shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this act.
S 5. The study group shall, on or before March 31, 2014, report to the
governor and the legislature. Such report shall include the study
group's findings, conclusions and recommendations.
S 6. The state finance law is amended by adding a new section 28 to
read as follows:
S 28. MANDATE RELIEF. 1. DEFINITION. FOR THE PURPOSES OF THIS SECTION,
"POLITICAL SUBDIVISION" SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
DISTRICT OR SPECIAL DISTRICT, AND SHALL INCLUDE ANY AGENCY, AUTHORITY,
COMMISSION, DEPARTMENT OR INSTRUMENTALITY THEREOF.
2. EACH FISCAL YEAR THE BUDGET SUBMITTED BY THE GOVERNOR AND ENACTED
BY THE LEGISLATURE SHALL CONTAIN SEPARATE AND DISTINCT APPROPRIATIONS TO
REIMBURSE POLITICAL SUBDIVISIONS FOR THE ENTIRETY OF ANY ADDITIONAL
EXPENSES INCURRED BY SUCH POLITICAL SUBDIVISIONS PURSUANT TO ANY STATE
LAW, RULE OR REGULATION ENACTED TO COMPLY WITH A REQUIREMENT ESTABLISHED
BY FEDERAL LAWS, RULES OR REGULATIONS TO THE EXTENT THAT SUCH STATE
LAWS, RULES OR REGULATIONS REQUIRE THE ASSUMPTION OF ADDITIONAL COSTS
ABOVE THOSE IMPOSED BY SUCH FEDERAL REQUIREMENTS.
S 7. This act shall take effect immediately and sections one through
five of this act shall expire and be deemed repealed April 1, 2014.
PART F
Section 1. The legislative law is amended by adding a new section 49
to read as follows:
S 49. PROHIBITION ON UNFUNDED MANDATES. 1. (A) ANY PROVISION OF LAW
DETERMINED IN ACCORDANCE WITH THIS SECTION TO BE AN UNFUNDED MANDATE
SHALL BE VOID.
(B) A PROVISION OF LAW THAT REQUIRES ONE OR MORE POLITICAL SUBDIVI-
SIONS TO EXPEND FUNDS OR TO TAKE ACTIONS REQUIRING THE EXPENDITURE OF
FUNDS SHALL BE DEEMED AN UNFUNDED MANDATE IF SUCH PROVISION OF LAW
RESULTS IN AN AGGREGATE NET INCREASE IN NECESSARY DIRECT EXPENDITURES BY
ANY POLITICAL SUBDIVISION OF THE STATE. ANY SUCH AGGREGATE NET INCREASE
IN EXPENDITURES SHALL BE OFFSET BY: (I) MONIES PROVIDED TO POLITICAL
SUBDIVISIONS FOR THE SPECIFIC PURPOSE OF FUNDING SUCH PROVISION OF LAW;
AND (II) DECREASES IN EXPENDITURES EXPECTED TO RESULT FROM OTHER
PROVISIONS OF LAW ENACTED CONCURRENTLY THEREWITH THAT REPEAL, REDUCE OR
MODIFY EXISTING MANDATES ON POLITICAL SUBDIVISIONS. FOR PURPOSES OF THIS
SECTION, ALL BUDGET BILLS AND LEGISLATION NECESSARY TO IMPLEMENT THE
BUDGET ENACTED PURSUANT TO ARTICLE SEVEN OF THE CONSTITUTION SHALL BE
DEEMED TO HAVE BEEN CONCURRENTLY ENACTED INTO LAW.
(C) FOR PURPOSES OF THIS SECTION, THE TERM "POLITICAL SUBDIVISION"
SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR SPECIAL
DISTRICT, AND SHALL INCLUDE ANY AGENCY, AUTHORITY, COMMISSION, DEPART-
MENT OR INSTRUMENTALITY THEREOF.
(D) FOR PURPOSES OF THIS SECTION, THE TERM "LAW" SHALL MEAN A STATUTE
ENACTED BY THE LEGISLATURE, AN EXECUTIVE ORDER ISSUED BY THE GOVERNOR,
AND A RULE OR REGULATION PROMULGATED BY A STATE AGENCY, DEPARTMENT,
BOARD, BUREAU, OFFICER, AUTHORITY OR COMMISSION.
2. NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRARY, THE
FOLLOWING TYPES OF LAWS SHALL NOT BE CONSIDERED UNFUNDED MANDATES:
(A) THOSE THAT HAVE BEEN REQUESTED THROUGH A HOME RULE MESSAGE OR
OTHER RESOLUTION OF THE AFFECTED POLITICAL SUBDIVISION, OR WHICH HAVE
BEEN ACCEPTED BY THE AFFECTED POLITICAL SUBDIVISION;
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(B) THOSE APPLICABLE TO BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN
THE SAME OR A SUBSTANTIALLY SIMILAR MANNER; AND
(C) THOSE IN FULL FORCE AND EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION, INCLUDING ANY PROVISION OF LAW THAT EXTENDS OR REAUTHORIZES
SUCH A LAW.
S 2. This act shall take effect immediately.
PART G
Section 1. Section 51 of the legislative law, as added by chapter 985
of the laws of 1983, is amended to read as follows:
S 51. Fiscal impact notes on bills affecting political subdivisions.
1. For the purpose of this section, the term "political subdivision"
means any county, city, town, village, special district or school
district.
2. The legislature shall by concurrent resolution of the senate and
assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
rate form, bills and amendments to bills, [except as otherwise
prescribed by such rules,] which would [substantially] affect the reven-
ues or expenses, or both, of any political subdivision.
3. Fiscal notes shall not, however, be required for bills: (a) subject
to the provisions of section fifty of this [chapter] ARTICLE, or (b)
accompanied by special home rule requests submitted by political subdi-
visions, or (c) which provide discretionary authority to political
subdivisions[, or (d) submitted pursuant to section twenty-four of the
state finance law].
4. [If the estimate or estimates contained in a fiscal note are inac-
curate, such inaccuracies shall not affect, impair or invalidate such
bill] SUCH FISCAL NOTES SHALL FULLY DISCLOSE THE COSTS AND SOURCE OF
FUNDING OF EVERY PROVISION OF THE BILL OR AMENDMENT THERETO, WHICH WOULD
AFFECT THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
S 2. The executive law is amended by adding a new section 13 to read
as follows:
S 13. FISCAL NOTES ON EXECUTIVE ORDERS AFFECTING POLITICAL SUBDIVI-
SIONS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "POLITICAL SUBDIVI-
SION" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, SPECIAL DISTRICT OR SCHOOL
DISTRICT.
2. THE GOVERNOR SHALL ATTACH A FISCAL NOTE TO EVERY EXECUTIVE ORDER
WHICH WOULD AFFECT THE REVENUES OR EXPENSES, OR BOTH, OF ANY POLITICAL
SUBDIVISION. SUCH FISCAL NOTES SHALL FULLY DISCLOSE THE COSTS AND SOURCE
OF FUNDING OF EVERY PROVISION OF THE EXECUTIVE ORDER WHICH WOULD AFFECT
THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
3. FISCAL NOTES SHALL NOT, HOWEVER, BE REQUIRED FOR EXECUTIVE ORDERS
WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL SUBDIVISIONS.
S 3. The state administrative procedure act is amended by adding a new
section 201-b to read as follows:
S 201-B. FISCAL NOTES ON PROPOSED RULES. 1. FOR THE PURPOSES OF THIS
SECTION, THE TERM "POLITICAL SUBDIVISION" MEANS ANY COUNTY, CITY, TOWN,
VILLAGE, SPECIAL DISTRICT OR SCHOOL DISTRICT.
2. EACH AGENCY PROPOSING A RULE SHALL ATTACH A FISCAL NOTE TO A
PROPOSED RULE WHICH WOULD AFFECT THE REVENUES OR EXPENSES, OR BOTH, OF
ANY POLITICAL SUBDIVISION. SUCH FISCAL NOTES SHALL FULLY DISCLOSE THE
COSTS AND SOURCE OF FUNDING OF EVERY PROVISION OF THE PROPOSED RULE
WHICH WOULD AFFECT THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
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3. FISCAL NOTES SHALL NOT, HOWEVER, BE REQUIRED FOR PROPOSED RULES
WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL SUBDIVISIONS.
S 4. This act shall take effect on the sixtieth day after it shall
have become a law.
PART H
Section 1. Section 305 of the education law is amended by adding a new
subdivision 43 to read as follows:
43. THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT, ON OR BEFORE JULY
FIRST, TWO THOUSAND FOURTEEN, A PROGRAM WITHIN THE DEPARTMENT WHICH
PROVIDES INFORMATION, EXPERTISE AND ASSISTANCE TO SCHOOL DISTRICTS IN
THE CONSOLIDATION OF FUNCTIONS WITHIN AND AMONG SUCH DISTRICTS.
S 2. This act shall take effect immediately.
PART I
Section 1. Clause 1 of subparagraph (i) of paragraph o of subdivision
10 of section 54 of the state finance law, as amended by section 7 of
part GG of chapter 56 of the laws of 2009, is amended to read as
follows:
(1) For the purposes of this paragraph, "municipality" shall mean
counties, cities, towns, villages, special improvement districts, fire
districts, public libraries, association libraries, water authorities,
sewer authorities, AND regional planning and development boards[, school
districts, and boards of cooperative educational services; provided,
however, that for the purposes of this definition, a board of cooper-
ative educational services shall be considered a municipality only in
instances where such board of cooperative educational services advances
a joint application on behalf of school districts and other munici-
palities within the board of cooperative educational services region;
provided, however, that any agreements with a board of cooperative
educational services: shall not generate additional state aid; shall be
deemed not to be a part of the program, capital and administrative budg-
ets of the board of cooperative educational services for the purposes of
computing charges upon component school districts pursuant to subpara-
graph seven of paragraph b of subdivision four of section nineteen
hundred fifty and subdivision one of section nineteen hundred fifty and
subdivision one of section nineteen hundred fifty-one of the education
law; and shall be deemed to be a cooperative municipal service for
purposes of subparagraph two of paragraph d of subdivision four of
section nineteen hundred fifty of the education law].
S 2. Clause 3 of subparagraph (ii) of paragraph o of subdivision 10 of
section 54 of the state finance law, as added by section 7 of part O of
chapter 56 of the laws of 2008, is amended to read as follows:
(3) High priority planning grants may be used to cover costs includ-
ing, but not limited to, legal and consultant services and other neces-
sary expenses. [The amounts awarded to a school district pursuant to
this subparagraph shall not be included in the approved operating
expense of the school district as defined in paragraph t of subdivision
one of section thirty-six hundred two of the education law.] No part of
the grant shall be used by the applicant for recurring expenses such as
salaries.
S 3. Clause 3 of subparagraph (iii) of paragraph o of subdivision 10
of section 54 of the state finance law, as added by section 7 of part O
of chapter 56 of the laws of 2008, is amended to read as follows:
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(3) General efficiency planning grants may be used to cover costs
including, but not limited to, legal and consultant services and other
necessary expenses. [The amounts awarded to a school district pursuant
to this subparagraph shall not be included in the approved operating
expense of the school district as defined in paragraph t of subdivision
one of section thirty-six hundred two of the education law.] No part of
the grant shall be used by the applicant for recurring expenses such as
salaries.
S 4. Clause 2 of subparagraph (iv) of paragraph o of subdivision 10 of
section 54 of the state finance law, as added by section 7 of part O of
chapter 56 of the laws of 2008, is amended to read as follows:
(2) Efficiency implementation grants may be used to cover costs
including, but not limited to, legal and consultant services, capital
improvements, transitional personnel costs essential for the implementa-
tion of the approved efficiency implementation grant work plan, and
other necessary expenses. Grants may be used for capital improvements,
transitional personnel costs or joint equipment purchases only where
such expenses are integral to the coordinated or consolidated service
delivery. [The amounts awarded to a school district pursuant to this
subparagraph shall not be included in the approved operating expense of
the school district as defined in paragraph t of subdivision one of
section thirty-six hundred two of the education law.]
S 5. Clause 1 of subparagraph (v) of paragraph o of subdivision 10 of
section 54 of the state finance law, as added by section 7 of part O of
chapter 56 of the laws of 2008, is amended to read as follows:
(1) Within the amounts appropriated therefor, subject to a plan devel-
oped in consultation with the commission on local government efficiency
and competitiveness and approved by the director of the budget, the
secretary of state may award competitive grants to municipalities to
cover costs associated with a functional consolidation or a shared
services agreement having great potential to achieve financial savings
and serve as a model for other municipalities, including the consol-
idation of services on a multi-county basis, the consolidation of
certain services countywide as identified in such plan, the creation of
a regional entity empowered to provide multiple functions on a county-
wide or regional basis, the creation of a regional or city-county
consolidated municipal government, [the consolidation of school
districts or supporting services for school districts encompassing the
area served by a board of cooperative educational services,] or the
creation of a regional smart growth compact or program.
S 6. Subdivision 14 of section 3602 of the education law is amended by
adding a new paragraph h to read as follows:
H. EFFICIENCY STUDY GRANTS. (1) ANY SCHOOL DISTRICT WHICH IS ELIGIBLE
TO RECEIVE AN APPORTIONMENT UNDER THIS SECTION OR SECTION THIRTY-SIX
HUNDRED TWO-B OF THIS ARTICLE MAY SUBMIT PLANS TO THE COMMISSIONER FOR
THE PURPOSE OF RECEIVING A GRANT TO STUDY REORGANIZATION OF THE DISTRICT
WITH ONE OR MORE SCHOOL DISTRICTS OR THE SHARING OF PROGRAMS BETWEEN
SUCH DISTRICTS AND OTHER SCHOOL DISTRICTS.
(2) EFFICIENCY GRANTS MAY ALSO BE AWARDED PURSUANT TO THIS PARAGRAPH
TO A SCHOOL DISTRICT, A GROUP OF SCHOOL DISTRICTS, OR TO A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES FOR A PROJECT IN WHICH A COUNTY OR
OTHER MUNICIPALITY IS A PARTNER FOR THE PURPOSE OF STUDYING A COLLABORA-
TIVE SERVICE DELIVERY SYSTEM FOR SCHOOL AGED AT-RISK YOUTH AND THEIR
FAMILIES.
A. 5619 13
(3) PLANS SHALL BE IN THE FORM PRESCRIBED BY THE COMMISSIONER AND
APPROVED BY HIM OR HER IN ACCORDANCE WITH REGULATIONS ADOPTED FOR SUCH
PURPOSES.
(4) AFTER HIS OR HER APPROVAL OF A PLAN, THE COMMISSIONER MAY AWARD A
MAXIMUM GRANT OF FIFTY THOUSAND DOLLARS PER STUDY PURSUANT TO SUBPARA-
GRAPH ONE OF THIS PARAGRAPH AND A MAXIMUM GRANT OF TWENTY THOUSAND
DOLLARS PER STUDY PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH.
(5) THE COMMISSIONER SHALL ENSURE THAT OF THE TOTAL AMOUNT ALLOCATED
FOR GRANTS AWARDED UNDER THIS PARAGRAPH, THE AMOUNT OF GRANTS AWARDED
PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL CONSTITUTE NO MORE
THAN THIRTY-FIVE PERCENT OF SUCH TOTAL AMOUNT.
S 7. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.
PART J
Section 1. Subdivision 1 of section 1950 of the education law, as
amended by chapter 396 of the laws of 1974, is amended to read as
follows:
1. The boards of education and school trustees of a supervisory
district which is not part of an intermediate district, meeting at a
time and place to be designated by the district superintendent of
schools, may, by a majority vote of their members present and voting,
file with the commissioner [of education] a petition for the establish-
ment of a board of cooperative educational services for the purpose of
carrying out a program of SUCH shared educational services [in] AS the
schools of the supervisory district ELECT TO HAVE PROVIDED BY SUCH BOARD
and for providing instruction in such special subjects as the commis-
sioner may approve. NO PROVISION OF LAW, RULE OR REGULATION, OTHER THAN
THE PROVISIONS OF THIS SECTION SHALL LIMIT THE SHARED SERVICES THAT A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES IS AUTHORIZED TO PROVIDE OF
ITS COMPONENT SCHOOL DISTRICTS. The commissioner, by order, may estab-
lish such a board with membership of not less than five nor more than
fifteen, upon such application and when a vacancy occurs in the office
of district superintendent of schools shall establish such a board,
unless the commissioner shall issue an order pursuant to section twen-
ty-two hundred one OF THIS TITLE redistricting the county so as to
provide for a lesser number of supervisory districts. The commissioner,
by order, may authorize a board, established prior to July second, nine-
teen hundred sixty-five, to increase its membership to not less than
five nor more than fifteen.
S 2. Subparagraph 2 of paragraph a of subdivision 4 of section 1950 of
the education law is REPEALED.
S 3. Paragraph c of subdivision 4 of section 1950 of the education
law, as amended by chapter 378 of the laws of 2010, is amended to read
as follows:
c. Make or cause to be made surveys to determine the need for cooper-
ative educational services in the supervisory district and present the
findings of their surveys to local school authorities. Each board of
cooperative educational services shall prepare long range program plans,
including special education and career education program plans, to meet
the projected need for such cooperative educational services in the
supervisory district for the next five years [as may be specified by the
commissioner,] and shall keep on file and make available for public
inspection and review by the commissioner such plans and thereafter
annual revisions of such plans on or before the first day of December of
A. 5619 14
each year, provided that such plans may be incorporated into a board of
cooperative educational services district-wide comprehensive plan.
S 4. 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,
attendance supervisor, supervisor of teachers, dental hygienist,
psychologist, teachers of art, music, physical education, career educa-
tion 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; maintenance and operation of cafeteria or restau-
rant service for the use of pupils and teachers while at school[,];
OPERATION OF A REGIONAL TRANSPORTATION SYSTEM FOR THE BENEFIT OF THE
COMPONENT SCHOOL DISTRICTS and such other services as the [commissioner
may approve] COMPONENT SCHOOL DISTRICTS MAY REQUEST. Such cafeteria or
restaurant service may be used by the community for school related func-
tions and activities and to furnish meals to the elderly residents of
the district, sixty years of age or older. Utilization by elderly resi-
dents 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 avail-
able reimbursements.
S 5. Subparagraph 2 of paragraph d of subdivision 4 of section 1950 of
the education law, as amended by chapter 396 of the laws of 2012, is
amended to read as follows:
(2) [Certain] ADDITIONAL SHARED services [prohibited] AUTHORIZED.
[Commencing with the nineteen hundred ninety-seven--ninety-eight school
year, the] THE commissioner shall [not be authorized to] approve as an
aidable shared service pursuant to this subdivision any cooperative
maintenance services or municipal services, including but not limited
to, lawn mowing services and heating, ventilation or air conditioning
repair or maintenance or trash collection, or any other municipal
services [as defined by the commissioner. On and after the effective
date of this paragraph, the commissioner shall not approve, as an aida-
ble shared service, any new cooperative maintenance or municipal
services for the nineteen hundred ninety-six--ninety-seven school year,
provided that the commissioner may approve the continuation of such
services for one year if provided in the nineteen hundred ninety-five--
ninety-six school year. No service provided to an out-of-state school
district pursuant to subparagraph ten of paragraph h of this subdivision
shall be eligible for aid] REQUESTED BY THE COMPONENT SCHOOL DISTRICTS.
S 6. Subparagraph 2 of paragraph d of subdivision 4 of section 1950 of
the education law, as added by chapter 474 of the laws of 1996, is
amended to read as follows:
(2) [Certain] ADDITIONAL SHARED services [prohibited] AUTHORIZED.
[Commencing with the nineteen hundred ninety-seven--ninety-eight school
year, the] THE commissioner shall [not be authorized to] approve as an
aidable shared service pursuant to this subdivision any cooperative
maintenance services or municipal services, including but not limited
to, lawn mowing services and heating, ventilation or air conditioning
repair or maintenance or trash collection, or any other municipal
services [as defined by the commissioner. On and after the effective
date of this paragraph, the commissioner shall not approve, as an aida-
A. 5619 15
ble shared service, any new cooperative maintenance or municipal
services for the nineteen hundred ninety-six--ninety-seven school year,
provided that the commissioner may approve the continuation of such
services for one year if provided in the nineteen hundred ninety-five--
ninety-six school year] REQUESTED BY THE COMPONENT SCHOOL DISTRICTS.
S 7. Subparagraph 3 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:
(3) Requests for shared services; operating plan; required notice.
Requests for such shared services shall be filed by component school
districts with the board of cooperative educational services not later
than the first day of February of each year, provided that such requests
shall not be binding upon the component school district. The board of
cooperative educational services shall submit its proposed annual oper-
ating plan for the ensuing school year to the department [for approval]
not later than the fifteenth day of February of each year. Such board
shall, through its executive officer, notify each component school
district on or before the tenth day of March concerning the services
which have been approved by the [commissioner] BOARD to be made avail-
able for the ensuing school year. Such notice shall set forth the local
uniform cost of each such service, based on (i) anticipated partic-
ipation in the ensuing school year, or (ii) participation in the current
year, or (iii) a two or three year average including participation in
the current year, which unit cost shall be the same for all participat-
ing component districts and shall be based upon a uniform methodology
approved annually by at least three-quarters of the participating compo-
nent school districts after consultation by local school officials with
their respective boards; provided, however, such unit cost shall be
subject to final adjustment for programs for students with disabilities
based on actual participation in accordance with regulations of the
commissioner. [Notwithstanding the determination of the local uniform
unit cost methodology selected in accordance with this paragraph, each
board of cooperative education services shall annually report to the
commissioner the budgeted unit cost and, when available, the actual unit
cost of such programs and services, in accordance with both the local
uniform unit cost methodology and a statewide uniform unit cost method-
ology prescribed by the commissioner by regulation, where the budgeted
statewide unit cost shall be based on the anticipated participation in
the ensuing year and the actual statewide unit cost shall be based on
actual participation through the end of each year.]
S 8. Paragraph r of subdivision 4 of section 1950 of the education
law, as amended by chapter 53 of the laws of 1990, is amended to read as
follows:
r. With the approval of the district superintendent of schools [and of
the commissioner of education] to furnish any of the educational
services provided for in this section or any other section of law which
authorizes such board to provide services to school districts outside of
the supervisory district, upon such terms as may be agreed upon pursuant
to contracts executed by such board of cooperative educational services
and the trustees or boards of education of such school districts.
S 9. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided that the
amendments to subparagraph 2 of paragraph d of subdivision 4 of section
1950 of the education law, made by section five of this act, shall not
affect the expiration of such subparagraph and shall expire therewith,
when upon such date section six of this act shall take effect.
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PART K
Section 1. The education law is amended by adding a new section 3602-g
to read as follows:
S 3602-G. CAREER AND TECHNICAL EDUCATION. THE COMMISSIONER SHALL OUT
OF FUNDS APPROPRIATED THEREFOR, DISBURSE STATE ASSISTANCE TO BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES FOR THE ESTABLISHMENT AND IMPLEMENTA-
TION OF PARTNERSHIPS BETWEEN SCHOOL DISTRICTS, SUCH BOARDS AND INSTI-
TUTIONS OF HIGHER EDUCATION FOR THE PROVISION AND COORDINATION OF
SCHOOL-BASED CAREER ACADEMIES WITH CAREER AND TECHNICAL EDUCATION
PROGRAMS.
S 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.
PART L
Section 1. The commissioner of education shall establish a task force
to examine, evaluate and make recommendations concerning the various
alternative methods for funding charter schools which do not reduce the
funding provided to the school districts of residence of the charter
school students. Such task force shall review, with particular care, the
impact on charter schools and public schools of the funding methodology
for charter schools established pursuant to section 2856 of the educa-
tion law.
S 2. The task force shall be composed of the commissioner of educa-
tion, the commissioner of taxation and finance, the deputy commissioner
for real property services, and such members as the commissioner of
education shall appoint. The members of the task force appointed by the
commissioner of education shall include representatives of school
districts, charter schools, parents of students attending charter
schools and residents of this state.
S 3. The task force shall hold public hearings and shall have all the
powers of a legislative committee pursuant to the legislative law.
S 4. The members of the task force shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this act.
S 5. The task force shall submit a report, to the governor and the
legislature, of its findings, conclusions and recommendations on or
before April 1, 2014, and shall submit with its report such legislative
proposals as it deems necessary to implement such recommendations.
S 6. This act shall take effect immediately, and shall expire and be
deemed repealed April 2, 2014.
PART M
Section 1. Section 3602 of the education law is amended by adding a
new subdivision 27 to read as follows:
27. AID FOR ENERGY COST INCREASES. COMMENCING WITH AID PAYABLE IN THE
TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND ALL SCHOOL
YEARS THEREAFTER, THE COMMISSIONER SHALL APPORTION AID TO EACH SCHOOL
DISTRICT EQUAL TO THE AMOUNT BY WHICH THE COST OF ELECTRICITY, PROPANE,
NATURAL GAS AND HEATING OIL USED BY THE SCHOOL DISTRICT DURING THE
SCHOOL YEAR EXCEEDS THE LESSER OF, ONE HUNDRED FOUR PERCENT OF THE COST
THEREOF DURING THE PRECEDING SCHOOL YEAR OR ONE HUNDRED TWENTY PERCENT
OF THE CONSUMER PRICE INDEX WITH REGARD TO THE COST THEREOF DURING THE
PRECEDING SCHOOL YEAR.
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S 2. This act shall take effect immediately.
PART N
Section 1. The public authorities law is amended by adding a new
section 1001-b to read as follows:
S 1001-B. ENERGY CONSERVATION IMPROVEMENTS FOR SCHOOLS. THE AUTHORITY
SHALL ESTABLISH AND IMPLEMENT A PLAN THAT PROVIDES FINANCING TO SCHOOL
DISTRICTS FOR THE COSTS OF ENERGY CONSERVATION IMPROVEMENTS MADE TO ANY
SCHOOL IN THE SCHOOL DISTRICT, PROVIDED THAT NO COSTS ASSOCIATED WITH
SUCH FINANCIAL ASSISTANCE SHALL BE CHARGED TO THE AUTHORITY'S CUSTOMERS.
FINANCIAL ASSISTANCE SHALL BE REPAID TO THE AUTHORITY, OVER A PERIOD NOT
TO EXCEED TEN YEARS, WITH SAVINGS IN ENERGY COSTS AND RELATED COSTS
WHICH ACCRUE TO THE SCHOOL DISTRICT AS A RESULT OF SUCH ENERGY CONSERVA-
TION IMPROVEMENTS.
S 2. This act shall take effect immediately.
PART O
Section 1. Paragraph q of subdivision 4 of section 1950 of the educa-
tion law, as separately amended by chapters 367 and 563 of the laws of
1979, is amended to read as follows:
q. To provide transportation for pupils to and from classes maintained
by such board of cooperative educational services at the request of one
or more school districts. School districts and boards of cooperative
educational services are authorized to enter into contracts with one or
more school districts, private contractors, and one or more boards of
cooperative educational services and any municipal corporation and
authority to provide such transportation. Boards of cooperative educa-
tional services may operate joint or regional transportation systems for
the transportation authorized by articles seventy-three and eighty-nine
of this chapter. Such transportation, except when provided by a poli-
tical subdivision or a board of cooperative educational services, shall
be subject to the requirements of subdivision fourteen of section three
hundred five of [the education law] THIS CHAPTER. IN ADDITION, EACH
BOARD SHALL, IN COOPERATION WITH ITS COMPONENT SCHOOL DISTRICTS, CONDUCT
A STUDY OF THE FEASIBILITY AND SAVINGS DERIVED FROM ESTABLISHING A
REGIONAL TRANSPORTATION SYSTEM. THE GOAL OF SUCH STUDY AND THE ESTAB-
LISHMENT OF ANY REGIONAL TRANSPORTATION SYSTEM SHALL BE MAXIMIZATION OF
COST EFFICIENCIES AND CONSERVATION OF FUEL.
S 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.
PART P
Section 1. The opening paragraph of subdivision 4 of section 3602 of
the education law, as amended by section 6-a of part A of chapter 57 of
the laws of 2012, is amended to read as follows:
In addition to any other apportionment pursuant to this chapter, a
school district, other than a special act school district as defined in
subdivision eight of section four thousand one of this chapter, shall be
eligible for total foundation aid equal to the product of total aidable
foundation pupil units multiplied by the district's selected foundation
aid, which shall be the greater of five hundred dollars ($500) or foun-
dation formula aid, provided, however that for the two thousand seven--
two thousand eight through two thousand eight--two thousand nine school
A. 5619 18
years, no school district shall receive total foundation aid in excess
of the sum of the total foundation aid base for aid payable in the two
thousand seven--two thousand eight school year computed pursuant to
subparagraph (i) of paragraph j of subdivision one of this section, plus
the phase-in foundation increase computed pursuant to paragraph b of
this subdivision, and provided further that for the two thousand twelve-
-two thousand thirteen school year and thereafter, no school district
shall receive total foundation aid in excess of the sum of the total
foundation aid base for aid payable in the two thousand eleven--two
thousand twelve school year computed pursuant to paragraph j of subdivi-
sion one of this section, plus the phase-in foundation increase computed
pursuant to paragraph b of this subdivision, and provided further that
total foundation aid shall not be less than the product of the total
foundation aid base computed pursuant to paragraph j of subdivision one
of this section and one hundred and six-tenths percent (1.006) subject
to allocation pursuant to the provisions of subdivision eighteen of this
section and any provisions of a chapter of the laws of New York as
described therein, nor more than the product of such total foundation
aid base and one hundred fifteen percent, and provided further that for
the two thousand nine--two thousand ten through two thousand eleven--two
thousand twelve school years, each school district shall receive total
foundation aid in an amount equal to the amount apportioned to such
school district for the two thousand eight--two thousand nine school
year pursuant to this subdivision. Total aidable foundation pupil units
shall be calculated pursuant to paragraph g of subdivision two of this
section. For the purposes of calculating aid pursuant to this subdivi-
sion, aid for the city school district of the city of New York shall be
calculated on a citywide basis. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS SUBDIVISION, TOTAL FOUNDATION AID SHALL BE INCREASED TO REFLECT THE
REGIONAL COST INDEX OF THE SCHOOL DISTRICT.
S 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.
PART Q
Section 1. Section 3623-a of the education law is amended by adding a
new subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRA-
RY, FOR SCHOOL YEARS COMMENCING AFTER JUNE THIRTIETH, TWO THOUSAND THIR-
TEEN, STATE TRANSPORTATION AID SHALL BE EQUAL TO ALL TRANSPORTATION
COSTS INCURRED BY A SCHOOL DISTRICT.
S 2. This act shall take effect April 1, 2013.
PART R
Section 1. Paragraph j of subdivision 14 of section 3602 of the educa-
tion law, as amended by section 17-b of part B of chapter 57 of the laws
of 2007, is amended to read as follows:
j. For school districts which reorganize on or after July first,
[nineteen hundred ninety-two] TWO THOUSAND THIRTEEN, the percent
increase in apportionment pursuant to paragraph c of this subdivision
shall be [thirty] SIXTY DURING THE YEAR OF SUCH REORGANIZATION, FIFTY
DURING THE FIRST YEAR AFTER SUCH REORGANIZATION, FORTY DURING THE
SECOND YEAR AFTER SUCH REORGANIZATION, THIRTY DURING THE THIRD YEAR
AFTER SUCH REORGANIZATION, TWENTY DURING THE FOURTH YEAR AFTER SUCH
REORGANIZATION, AND NO ADDITIONAL APPORTIONMENT THEREOF; provided that
A. 5619 19
such school districts meet all other requirements of the provisions of
such paragraph c. All other requirements of paragraph c OF THIS SUBDIVI-
SION shall apply. School districts which receive an apportionment under
this paragraph shall not be eligible for an apportionment under para-
graph c[, e] or f of this subdivision.
S 2. This act shall take effect July 1, 2013.
PART S
Section 1. Subparagraph 6 of paragraph n of subdivision 1 of section
3602 of the education law, as amended by section 11 of part B of chapter
57 of the laws of 2007, is amended to read as follows:
(6) "Additional public school enrollment" shall mean resident students
with disabilities placed by public school districts in approved private
schools, [the New York state school for the blind at Batavia, or the New
York state school for the deaf at Rome] and resident students placed in
schools subject to the provisions of chapter five hundred sixty-three of
the laws of nineteen hundred eighty as amended.
S 2. Section 4313 of the education law, as amended by chapter 53 of
the laws of 1990, paragraph a of subdivision 1 as amended by section 42
of part B of chapter 57 of the laws of 2007, is amended to read as
follows:
S 4313. [School district and social services district financial]
FINANCIAL responsibility. [1. Financial responsibilities. School
districts] THE DEPARTMENT and [social services districts] THE OFFICE OF
CHILDREN AND FAMILY SERVICES shall be responsible for the cost of
tuition and maintenance, respectively, for children in attendance at the
New York state school for the blind during the September first through
June thirtieth session. [Such costs shall be established pursuant to
section forty-four hundred five of this chapter. a.] 1. The [school
district of which any such child is resident at the time of admission or
readmission to the New York State school for the blind pursuant to this
article] DEPARTMENT shall [be required to reimburse the state in an
amount equal to the] MAKE tuition payments [made] to the state school
[by the state on behalf of the school district] FOR EACH CHILD WHO IS A
RESIDENT OF THE STATE. [The comptroller shall deduct the appropriate
tuition amounts from any state funds which become due to a school
district for each year in which such child is in attendance at such
school, and shall deposit such funds to the special revenue accounts
established for such purpose. Any tuition amounts deducted pursuant to
this subdivision shall be included in the approved operating expense of
the school district pursuant to paragraph t of subdivision one of
section thirty-six hundred two of this chapter.
b.] 2. The [social services district in which any such child is resi-
dent at the time of admission or readmission to the New York state
school for the blind pursuant to this article] OFFICE OF CHILDREN AND
FAMILY SERVICES shall be required to reimburse the [state] DEPARTMENT in
an amount equal to the maintenance payments made to the state school by
the [state] DEPARTMENT on behalf of [the social services district] SUCH
OFFICE. [The comptroller may deduct the appropriate maintenance amounts
from any state funds which become due to a social services district for
each year in which such child is in attendance at such school only upon
notification by the commissioner of social services after receiving
notice by the commissioner of education that such social services
district has failed to remit the required maintenance payments to the
state within ninety days of the date on which such social services
A. 5619 20
district was billed by the state for services rendered, and shall depos-
it such funds to the special revenue accounts established for such
purpose.]
S 3. Section 4357 of the education law, as amended by chapter 53 of
the laws of 1990, paragraph a of subdivision 1 as amended by section 43
of part B of chapter 57 of the laws of 2007, is amended to read as
follows:
S 4357. [School district and social services district financial]
FINANCIAL responsibility. 1. Financial responsibilities. [School
districts] THE DEPARTMENT and [social services districts] THE OFFICE OF
CHILDREN AND FAMILY SERVICES shall be responsible for the costs of
tuition and maintenance, respectively, for children attending the New
York state school for the deaf during the September first through June
thirtieth session. [Such costs shall be established pursuant to section
forty-four hundred five of this chapter.] a. The [school district of
which any such child is resident at the time of admission or readmission
to the New York State school for the deaf pursuant to this article]
DEPARTMENT shall [be required to reimburse the state in an amount equal
to the] MAKE tuition payments [made] to the state school [by the state
on behalf of the school district] FOR EACH CHILD WHO IS A RESIDENT OF
THE STATE. [The comptroller shall deduct the appropriate tuition amounts
from any state funds which become due to a school district for each year
in which such child is in attendance at such school, and shall deposit
such funds to the special revenue accounts established for such purpose.
Any tuition amounts deducted pursuant to this subdivision shall be
included in the approved operating expense of the school district pursu-
ant to paragraph t of subdivision one of section thirty-six hundred two
of this chapter.]
b. The [social services district in which any such child is resident
at the time of admission or readmission to the New York state school for
the deaf pursuant to this article] OFFICE OF CHILDREN AND FAMILY
SERVICES shall be required to reimburse the [state] DEPARTMENT in an
amount equal to the maintenance payments made to the state school by the
[state] DEPARTMENT on behalf of [the social services district] SUCH
OFFICE. [The comptroller may deduct the appropriate maintenance amounts
from any state funds which become due to a social services district for
each year in which such child is in attendance at such school only upon
notification by the commissioner of social services after receiving
notice by the commissioner of education that such social services
district has failed to remit the required maintenance payments within
ninety days of the date on which such social services district is billed
by the state for services rendered, and shall deposit such amount to the
special revenue accounts established for such purpose.]
2. Payment for preschool children with handicapping conditions. The
state [share of] SHALL PAY the costs of tuition, maintenance and trans-
portation for preschool children attending the New York state school for
the deaf during the July and August summer session and the September
through June session [shall be paid from the state moneys appropriated
in support of the provisions of section forty-four hundred ten of this
chapter. The remaining share shall be a charge on the county, or the
city of New York, of which any such child is resident at the time of
admission or readmission to such school. The state share shall be as set
forth in paragraph b of subdivision eleven of section forty-four hundred
ten of this chapter]. For the purposes of this subdivision "preschool
child" shall mean a child not eligible, by reason of age, for the deaf-
infant program pursuant to section forty-two hundred four-a of this
A. 5619 21
[chapter] TITLE and not eligible, by reason of age, to attend the public
schools pursuant to section thirty-two hundred two of this chapter,
provided that a child shall be deemed a preschool child through the
month of August of the school year in which the child first becomes
eligible to attend the public schools. [Preschool education charges on a
county, or the city of New York, pursuant to this subdivision shall be
deducted by the comptroller within thirty days of the issuance of a
warrant by the commissioner from any state funds which become due to a
county, or the city of New York, and be credited to the special revenue
account established for such purpose.] Such tuition, maintenance and
transportation costs shall be determined pursuant to section forty-four
hundred five of this [chapter] TITLE.
3. Deaf infants. The full costs of a deaf-infant program, as deter-
mined by the commissioner [of education and approved by the director of
the budget], for children below the age of three served by the New York
state school for the deaf pursuant to section forty-two hundred four-a
of this [chapter] TITLE shall be paid from the state moneys appropriated
in support of such section forty-two hundred four-a.
S 4. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.
PART T
Section 1. The executive law is amended by adding a new section 44-a
to read as follows:
S 44-A. TAXPAYER REPORT CARD. 1. ANNUALLY, ON OR BEFORE MARCH FIRST,
THE DEPARTMENT OF AUDIT AND CONTROL SHALL COMPILE AND PUBLISH IN BOTH
WRITTEN AND ELECTRONIC FORMS THE INFORMATION DERIVED FROM REPORTS TO THE
COMPTROLLER OR SUCH DEPARTMENT, AND FROM AUDITS CONDUCTED BY THE COMP-
TROLLER OR SUCH DEPARTMENT, RELATING TO THE STATE AND ITS POLITICAL
SUBDIVISIONS AND ALL AGENCIES AND PUBLIC AUTHORITIES THEREOF. SUCH
INFORMATION SHALL, IN PARTICULAR, RELATE TO GOVERNMENT FINANCES DURING
THE IMMEDIATELY PRECEDING CALENDAR YEAR.
2. THE INFORMATION PUBLISHED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL BE KNOWN AS THE "TAXPAYER REPORT CARD". IT SHALL BE WRIT-
TEN IN CLEAR AND EASILY UNDERSTANDABLE LANGUAGE, AND INCLUDE A COMPRE-
HENSIVE INDEX WHICH FACILITATES ACCESS TO SPECIFIC INFORMATION WITHIN
THE TAXPAYER REPORT CARD.
3. THE TAXPAYER REPORT CARD SHALL INCLUDE DETAILED INFORMATION ON ALL
EXPENDITURES AND REVENUE OF THE STATE AND ITS POLITICAL SUBDIVISIONS,
AND ALL AGENCIES AND PUBLIC AUTHORITIES THEREOF.
S 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.
PART U
Section 1. The state finance law is amended by adding a new section
24-a to read as follows:
S 24-A. PUBLISHING OF PROPOSED BUDGET BILLS. NO LESS THAN THIRTY DAYS
PRIOR TO THE ENACTMENT OF THE BUDGET BILLS, AS SPECIFIED IN SECTION
TWENTY-FOUR OF THIS ARTICLE, BY THE LEGISLATURE, THE BUDGET BILLS THAT
THE LEGISLATURE HAS AGREED TO ENACT SHALL BE PUBLISHED IN BOTH WRITTEN
AND ELECTRONIC FORMS AND MADE AVAILABLE TO THE PUBLIC BY THE SENATE AND
THE ASSEMBLY, AND SHALL ALSO BE POSTED ON THE INTERNET WEBSITES OF THE
SENATE AND ASSEMBLY. SUCH PUBLISHING AND POSTING OF THE AGREED UPON
A. 5619 22
BUDGET BILLS SHALL INCLUDE A DETAILED EXPLANATION OF THE BILLS AND THE
SOURCES OF REVENUE THEREFOR.
S 2. Section 2801 of the public authorities law is amended by adding a
new subdivision 4 to read as follows:
4. ALL AUTHORITIES. EVERY STATE OR LOCAL AUTHORITY HERETOFORE OR
HEREAFTER CONTINUED OR CREATED BY THIS CHAPTER SHALL, NOT LESS THAN
THIRTY DAYS PRIOR TO THE APPROVAL OF THE ANNUAL BUDGET OF SUCH AUTHORITY
OR COMMISSION, PUBLISH IN BOTH WRITTEN AND ELECTRONIC FORMS AND MAKE
AVAILABLE TO THE PUBLIC THE PROPOSED BUDGET OF THE AUTHORITY OR COMMIS-
SION, AND SHALL ALSO POST SUCH PROPOSED BUDGET ON THE INTERNET WEBSITE
OF THE COMMISSION OR AUTHORITY. SUCH PUBLISHING AND POSTING OF THE
PROPOSED BUDGET SHALL INCLUDE SUCH DETAILED INFORMATION AS IS REQUIRED
BY SUBDIVISION ONE OF THIS SECTION.
S 3. The general municipal law is amended by adding a new section 3-d
to read as follows:
S 3-D. PUBLISHING OF PROPOSED BUDGET. NO LESS THAN THIRTY DAYS PRIOR
TO THE APPROVAL OF ANY ANNUAL BUDGET OF A MUNICIPAL CORPORATION, SUCH
CORPORATION SHALL PUBLISH IN BOTH WRITTEN AND ELECTRONIC FORMS AND MAKE
AVAILABLE TO THE PUBLIC THE PROPOSED BUDGET OF THE MUNICIPAL CORPO-
RATION, AND SHALL ALSO POST SUCH PROPOSED BUDGET ON THE INTERNET WEBSITE
OF THE MUNICIPAL CORPORATION. SUCH PUBLISHING AND POSTING OF THE
PROPOSED BUDGET SHALL INCLUDE A DETAILED EXPLANATION OF THE PROPOSED
BUDGET AND THE SOURCES OF REVENUE THEREFOR.
S 4. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a law.
PART V
Section 1. Section 40 of the executive law is amended by adding a new
subdivision 4 to read as follows:
4. ANNUALLY, ON OR BEFORE FEBRUARY FIFTEENTH, THE DEPARTMENT SHALL
COMPILE AND PUBLISH, IN WRITTEN FORM AND ON ITS DEPARTMENTAL INTERNET
WEBSITE, A REPORT ON THE COSTS DURING THE IMMEDIATELY PRECEDING CALENDAR
YEAR TO EACH MUNICIPAL CORPORATION, AS DEFINED IN SECTION TWO OF THE
GENERAL MUNICIPAL LAW, OF THE REQUIREMENTS IMPOSED THEREUPON BY STATE
LAWS, RULES AND REGULATIONS. SUCH REPORT SHALL BE MADE AVAILABLE TO THE
PUBLIC, AND SUBMITTED TO THE GOVERNOR AND THE LEGISLATURE.
S 2. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.
PART W
Section 1. The state finance law is amended by adding a new section 29
to read as follows:
S 29. APPROPRIATIONS FOR PUBLIC ELEMENTARY AND SECONDARY EDUCATION. 1.
EACH FISCAL YEAR THE BUDGET SUBMITTED BY THE GOVERNOR AND ENACTED BY THE
LEGISLATURE SHALL CONTAIN APPROPRIATIONS FOR THE SUPPORT OF SCHOOL
DISTRICTS WHICH EQUAL OR EXCEED THE APPROPRIATIONS THEREFOR IN THE IMME-
DIATELY PRECEDING FISCAL YEAR.
2. EACH FISCAL YEAR THE BUDGET SUBMITTED BY THE GOVERNOR AND ENACTED
BY THE LEGISLATURE SHALL CONTAIN, TO THE EXTENT PRACTICABLE, APPROPRI-
ATIONS FOR THE SUPPORT OF SCHOOL DISTRICTS WHICH PROVIDE AN ALLOCATION
OF STATE FUNDS TO EACH SCHOOL DISTRICT EQUAL TO ONE-HALF OF THE EXPENDI-
TURES OF SUCH DISTRICT DURING THE FISCAL YEAR.
3. IN ANY FISCAL YEAR IN WHICH THE APPROPRIATIONS FOR THE SUPPORT OF
SCHOOL DISTRICTS IN THE BUDGET ENACTED BY THE LEGISLATURE ARE GREATER
A. 5619 23
THAN THOSE IN THE BUDGET FOR THE IMMEDIATELY PRECEDING FISCAL YEAR, THE
DIFFERENCE BETWEEN SUCH APPROPRIATIONS SHALL BE ALLOCATED TO THE SCHOOL
DISTRICTS OF THE STATE FOR THE EXPENSES OF EMPLOYEE HEALTH INSURANCE
PREMIUMS, PUBLIC RETIREMENT SYSTEM CONTRIBUTIONS AND THE EXPENSES OF
PROVIDING SPECIAL EDUCATION. NO ADDITIONAL ALLOCATION TO ANY SCHOOL
DISTRICT PURSUANT TO THIS SUBDIVISION SHALL AUTHORIZE THE REDUCTION OF
ANY ALLOCATION OTHERWISE PROVIDED AND REQUIRED TO BE DISBURSED TO A
SCHOOL DISTRICT. NOR SHALL THE PROVISIONS OF THIS SUBDIVISION, PREVENT
ANY SCHOOL DISTRICT FROM ELECTING TO RECEIVE INCREASED ALLOCATIONS
PURSUANT TO THE PROVISIONS OF THE EDUCATION LAW.
S 2. Subparagraph 2 of paragraph b of subdivision 4 of section 3602 of
the education law, as amended by section 26 of part A of chapter 58 of
the laws of 2011, the closing paragraph as amended by section 6-a of
part A of chapter 57 of the laws of 2012, is amended to read as follows:
(2) The phase-in foundation percent shall equal one hundred thirteen
and fourteen one hundredths percent (1.1314) for the two thousand
eleven--two thousand twelve school year, one hundred ten and thirty-
eight hundredths percent (1.1038) for the two thousand twelve--two thou-
sand thirteen school year, one hundred seven and sixty-eight hundredths
percent (1.0768) for the two thousand thirteen--two thousand fourteen
school year, one hundred five and six hundredths percent (1.0506) for
the two thousand fourteen--two thousand fifteen school year, and one
hundred two and five tenths percent (1.0250) for the two thousand
fifteen--two thousand sixteen school year.
For the two thousand eleven--two thousand twelve school year, the
phase-in foundation increase factor shall equal [thirty-seven and one-
half] FORTY-ONE AND SIX-TENTHS percent [(0.375)] (0.416) and the phase-
in due minimum percent shall equal nineteen and forty-one hundredths
percent (0.1941), for the two thousand twelve--two thousand thirteen
school year the phase-in foundation increase factor shall equal [one and
seven-tenths] FORTY-ONE AND SIX-TENTHS percent [(0.017)] (0.416), and
for the two thousand thirteen--two thousand fourteen school year and
thereafter the commissioner shall annually determine the phase-in foun-
dation increase factor subject to allocation pursuant to the provisions
of subdivision eighteen of this section and any provisions of a chapter
of the laws of New York as described therein.
S 3. This act shall take effect immediately.
S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through W of this act shall be
as specifically set forth in the last section of such Parts.
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