senate Bill S2968

2015-2016 Legislative Session

Relates to the effect of mandates on school districts

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Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2016 referred to education
delivered to assembly
passed senate
May 25, 2016 advanced to third reading
May 24, 2016 2nd report cal.
May 23, 2016 1st report cal.1033
Jan 06, 2016 referred to education
returned to senate
died in assembly
Jun 08, 2015 referred to education
delivered to assembly
passed senate
Jun 01, 2015 ordered to third reading cal.1156
committee discharged and committed to rules
Jan 30, 2015 referred to education

Co-Sponsors

S2968 - Bill Details

See Assembly Version of this Bill:
A4899
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §308-a, Ed L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5043, A7701
2011-2012: S1432
2009-2010: S1252

S2968 - Bill Texts

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Provides that state mandates shall not be implemented in school districts after such district has passed a budget; provides that any such mandates shall be implemented in the following fiscal year.

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BILL NUMBER:S2968

TITLE OF BILL:

An act to amend the education law, in relation to the effect of
mandates on school districts

PURPOSE:

This bill would require that any state mandate imposing a cost upon a
school district may not be imposed after the adoption of a school
budget. This provision allows school districts to plan for and
incorporate a new state imposed mandate in their upcoming school
budget.

SUMMARY OF PROVISIONS:

Section one amends the Education Law by adding a new section 308-a
which defines mandates and prohibits implementation of unfunded
mandates during a school fiscal year in which a budget has already
been adopted. Allows implementation of a new mandate which imposes
costs on school districts in the following school fiscal year.

Section two provides that the act shall become effective immediately.

JUSTIFICATION:

Over the last several years, the State Legislature has been
particularly sensitive to school districts' concerns regarding the
imposition of unfunded state mandates, however, the federal government
and the State Education Department continue to impose new fiscal
requirements on public schools without regard to their ability to plan
for the fiscal implications. Without adequate funding and time to plan
for unforeseen costs, school districts have, at times, been forced to
reduce programs, services and personnel to contend with new unfunded
mandates imposed by the State.

In December 2006, the State Education Department directed all public
school districts to provide students taking mandated state math exams
with graphing and/or scientific calculators to the extent that such
calculators are a necessary part of the educational program.
Specifically, school districts were informed by the State Education
Department that the calculators must be provided to students when
required in order to complete mandated State math and science
assessments and course work. This particular regulation imposed a cost
of roughly $100 million statewide. Some school districts reported
spending in excess of $100,000 on graphing and scientific calculators
to fulfill this unforeseen requirement.

In order to ensure that school districts and taxpayers do not have to
contend with costly new mandates once a school budget has been
adopted, this legislation provides schools with the time to adjust and
plan for any new state mandates imposing a cost on a school district.

LEGISLATIVE HISTORY:

2013-2014: S.5043 Referred to Education.


2011-2012: S.1432 Referred to Education.
2009-2010: S.1252 Referred to Education.
2007-200B: S.5671 - Passed Senate.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  2968

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to the effect of mandates
  on school districts

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

  Section  1. 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:
  (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 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06350-01-5

senate Bill S3084

2015-2016 Legislative Session

Relates to conducting appeals, within the department of family assistance, by means of electronic communications systems conference with independent hearing officers

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Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 08, 2016 referred to social services
delivered to assembly
passed senate
May 09, 2016 advanced to third reading
May 05, 2016 2nd report cal.
May 04, 2016 1st report cal.665
Jan 06, 2016 referred to social services
returned to senate
died in assembly
Jun 08, 2015 referred to social services
delivered to assembly
passed senate
Jun 01, 2015 ordered to third reading cal.1157
committee discharged and committed to rules
Feb 02, 2015 referred to social services

Co-Sponsors

S3084 - Bill Details

See Assembly Version of this Bill:
A5111
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §22, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S2611, A5630
2011-2012: S6882, A9492

S3084 - Bill Texts

view summary

Relates to permitting appeals to the department to be conducted by means of a conference telephone, video conference or similar communications systems with and by independent hearing officers.

view sponsor memo
BILL NUMBER:S3084

TITLE OF BILL: An act to amend the social services law, in relation
to permitting appeals to the department of family assistance to be
conducted by means of a conference telephone, video conference or
similar communications systems with and by independent hearing
officers

PURPOSE: The purpose of this bill is to enable the commissioner of
the Office of Temporary and Disability Assistance (OTDA) to embrace
existing technology, reduce administrative costs, increase
efficiencies, and provide a faster and more efficient fair hearing
process for the benefit of all parties by conducting appeal hearings
using teleconferencing or video conferencing equipment or independent
fair hearing officers.

SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 2 of section 22 of the Social Services
Law to enable the commissioner of the Office of Temporary and
Disability Assistance (OTDA) to conduct appeals using teleconferencing
or video conferencing equipment, or use independent fair hearing
officers for due process hearings.

Section 2: Establishes an immediate effective date

JUSTIFICATION: Currently, OTDA conducts all fair hearing appeals
using members of the commissioner's staff. As a result, fair hearings
are sometimes delayed for several weeks pending the scheduling of
these hearings. In addition, OTDA incurs extensive travel and related
expenses.

Other State agencies routinely conduct hearings using teleconferencing
or video conference equipment, saving the State time and money.
Often, these hearings are more convenient to the parties since they
enable the parties to participate using their own telephone, computer,
or similar equipment.

Corporations and other business entities have been authorized to use
teleconference equipment pursuant to the Business Corporation Law for
over 30 years, and such use is commonplace in the private sector.

LEGISLATIVE HISTORY: 2014: S.2611/A.5630 Referred to Social
Services/held for consideration
in social services 2013: S.2611/A.5630 Passed the
Senate/referred to social services 2012: S.6882/A.9492 Passed the
Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3084

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the social  services  law,  in  relation  to  permitting
  appeals  to  the  department  of  family assistance to be conducted by
  means of a conference telephone, video conference or similar  communi-
  cations systems with and by independent hearing officers

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

  Section 1. Subdivision 2 of section 22 of the social services law,  as
added by chapter 473 of the laws of 1978, is amended to read as follows:
  2.  In  connection  with  any appeal pursuant to this section, with or
without a fair  hearing,  [the]  EACH  commissioner  may  designate  and
authorize  one  or more appropriate members of his OR HER staff OR INDE-
PENDENT FAIR HEARING OFFICERS to consider and decide such  appeals.  Any
staff  member  OR  INDEPENDENT  FAIR  HEARING  OFFICER so designated and
authorized shall have authority to decide such appeals on behalf of  the
commissioner  with  the same force and effect as if the commissioner had
made the decisions.  Fair hearings held in connection with such  appeals
shall  be  held on behalf of the commissioner by members of his staff OR
INDEPENDENT FAIR HEARING OFFICERS who are employed for such purposes  or
who have been designated and authorized by him therefor.  THE FAIR HEAR-
ING  MAY  BE CONDUCTED BY MEANS OF A CONFERENCE TELEPHONE, VIDEO CONFER-
ENCE EQUIPMENT OR SIMILAR COMMUNICATIONS EQUIPMENT ALLOWING ALL  PERSONS
PARTICIPATING  IN  SUCH HEARING TO HEAR EACH OTHER AT THE SAME TIME. The
provisions of this subdivision shall apply to  fair  hearings  conducted
pursuant to subdivision eight of section four hundred twenty-two of this
chapter, and to any hearing required pursuant to this chapter concerning
the  denial,  suspension  or  revocation  of  any permit, certificate or
license, and to any  hearing  held  pursuant  to  section  four  hundred
fifty-five of this chapter.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05982-01-5