STATE OF NEW YORK ________________________________________________________________________ 6201 2023-2024 Regular Sessions IN ASSEMBLY April 3, 2023 ___________ Introduced by M. of A. K. BROWN -- read once and referred to the Commit- tee on Education AN ACT to amend the education law, in relation to reimbursement of school districts for expenditures resulting from certain civil action settlements or jury awards The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs (iii) and (iv) of paragraph i of subdivision 2 2 of section 2023-a of the education law, as added by section 2 of part 3 A of chapter 97 of the laws of 2011, are amended to read as follows: 4 (iii) in years in which the normal contribution rate of the New York 5 state teachers' retirement system, as defined by paragraph a of subdivi- 6 sion two of section five hundred seventeen of this chapter, increases by 7 more than two percentage points from the previous year, a tax levy 8 necessary for expenditures for the coming fiscal year for school 9 district employer contributions to the New York state teachers' retire- 10 ment system caused by growth in the normal contribution rate minus two 11 percentage points; [and] 12 (iv) a capital tax levy; and 13 (v) a tax levy necessary for expenditures resulting from civil action 14 settlements or jury awards made pursuant to section two hundred four- 15 teen-g of the civil practice law and rules for any amount that exceeds 16 five percent of the total tax levied in the prior school year. 17 § 2. The education law is amended by adding a new section 3615 to read 18 as follows: 19 § 3615. Reimbursement to school districts for civil action settlements 20 or jury awards. 1. Notwithstanding any provision of law to the contra- 21 ry, subject to available appropriation, the commissioner shall reimburse 22 school districts for expenditures made to pay for civil settlements or 23 jury awards related to section two hundred fourteen-g of the civil prac- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10081-01-3
A. 6201 2 1 tice law and rules. Such payments to school districts shall only be made 2 when: 3 a. it can be demonstrated that no insurance policy for the covered 4 period can be located, or such settlement or jury award exceeds the 5 policy limit of the established insurance policy; 6 b. there was a monetary judgment issued or settlement agreement with 7 regard to such settlement or jury award; and 8 c. it can be demonstrated that the settlement or jury award would put 9 a substantial financial burden on the school district. 10 2. Each school district shall report to the commissioner annually, by 11 a date to be established by the commissioner, the amount of expenditures 12 made by the district that are directly related to settlements or jury 13 awards made pursuant to section two hundred fourteen-g of the civil 14 practice law and rules. 15 3. The commissioner shall report to the governor and the legislature, 16 by August first of each year, on the administration and funding of the 17 reimbursement program. 18 § 3. This act shall take effect immediately.