(1)No new state
mandate or an increase in the level of service for an existing state mandate beyond
the existing level of service required by law shall be mandated by the general
assembly or any state agency on any local government unless the state provides
additional moneys to reimburse such local government for the costs of such new
state mandate or such increased level of service. In the event that such additional
moneys for reimbursement are not provided, such mandate or increased level of
service for an existing state mandate shall be optional on the part of the local
government.
(2)The provisions of subsection (1) of this section shall not apply to:
(a)Any new state mandate or any increase in the level of service for an
existing state mandate beyond the existing level o
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(1) No new state
mandate or an increase in the level of service for an existing state mandate beyond
the existing level of service required by law shall be mandated by the general
assembly or any state agency on any local government unless the state provides
additional moneys to reimburse such local government for the costs of such new
state mandate or such increased level of service. In the event that such additional
moneys for reimbursement are not provided, such mandate or increased level of
service for an existing state mandate shall be optional on the part of the local
government.
(2) The provisions of subsection (1) of this section shall not apply to:
(a) Any new state mandate or any increase in the level of service for an
existing state mandate beyond the existing level of service which is the result of
any requirement of federal law;
(b) Any new state mandate or any increase in the level of service for an
existing state mandate beyond the existing level of service which is the result of
any requirement of a final state or federal court order;
(c) Any modification in the share of school districts for financing the state
public school system;
(d) Any new state mandate or any increase in the level of service for an
existing state mandate beyond the existing level or service which is the result of
any state law enacted prior to the second regular session of the fifty-eighth general
assembly or any rule or regulation promulgated thereunder;
(e) Any new state mandate or any increase in the level of service for an
existing state mandate beyond the existing level of service which is undertaken at
the option of a local government which results in additional requirements or
standards; and
(f) Any order from the state board of education pertaining to the
establishment, operation, or funding of a charter school or any modification of the
statutory or regulatory responsibilities of school districts pertaining to charter
schools.
(3) For purposes of this section:
(a) Increase in the level of service for an existing state mandate does not
include any increase in expenditures necessary to offset an increase in costs to
provide such service due to inflation or any increase in the number of recipients of
such service unless such increase results from any requirement of law which either
enlarges an existing class of recipients or adds a new class of recipients.
(b) Local government means any county, city and county, city, or town,
whether home rule or statutory, or any school district, special district, authority, or
other political subdivision of the state.
(c) Requirement of federal law means any federal law, rule, regulation,
executive order, guideline, standard, or other federal action which has the force and
effect of law and which either requires the state to take action or does not directly
require the state to take action but will, according to federal law, result in the loss
of federal funds if state action is not taken to comply with such federal action.
(d) State mandate means any legal requirement established by statutory
provision or administrative rule or regulation which requires any local government
to undertake a specific activity or to provide a specific service which satisfies
minimum state standards, including, but not limited to:
(I) Program mandates which result from orders or conditions specified by the
state as to what activity shall be performed, the quality of the program, or the
quantity of services to be provided; and
(II) Procedural mandates which regulate and direct the behavior of any local
government in providing programs or services, including, but not limited to,
reporting, fiscal, personnel, planning and evaluation, record-keeping, and
performance requirements.