A6976-2011 Actions

• Jun 19, 2012: held for consideration in ways and means
• Jan 4, 2012: referred to ways and means
• Apr 7, 2011: referred to ways and means

A6976-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6976
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 April 7, 2011
 
 Introduced by M. of A. McLAUGHLIN, MONTESANO, BURLING, MOLINARO, HAWLEY,
 McDONOUGH -- Multi-Sponsored by -- M. of A. AMEDORE, CERETTO, CONTE -
 read once and referred to the Committee on Ways and Means
 AN  ACT  to  amend  the real property tax law, in relation to enacting a
 real property tax cap; to amend the legislative law,  in  relation  to
 unfunded  mandates  on  local governments and school districts; and to
 amend the social services law, in relation to requiring the  state  to
 allow counties to opt out of certain Medicaid services
 

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

 

Section 1. Legislative Intent. It is the intent of the legislature  to
 provide  real  property  tax  relief  for homeowners and provide mandate
 relief for local governments and school districts. This act caps proper
 ty tax increases by preventing local governments  and  school  districts
 from  increasing tax levies by more than two percent each year or at the
 rate of inflation, whichever is less. This legislation provides  mandate
 relief  to  local  governments  and  school districts by prohibiting new
 unfunded mandates, sunsetting  existing  unfunded  mandates  within  two
 years,  and  allowing  counties to opt out of providing certain optional
 Medicaid benefits to prospective beneficiaries.
 

S 2. This act shall be known and may be cited as the "New  York  state
 property tax cap and mandate relief act".
 

S 3. The real property tax law is amended by adding a new section 1307
 to read as follows:

 

S  1307.  LIMITATIONS UPON LOCAL GOVERNMENT TAX LEVIES. 1.  GENERALLY.
 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, BEGINNING WITH THE
 TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE  FISCAL  YEAR,  THE  AMOUNT  OF
 TAXES  LEVIED  FOR LOCAL GOVERNMENT PURPOSES FOR ANY FISCAL YEAR MAY NOT
 EXCEED THE AMOUNT OF TAXES LEVIED FOR  THE  PRIOR  FISCAL  YEAR  BY  TWO
 PERCENT,  OR  BY  THE  INFLATION  FACTOR,  WHICHEVER  IS  LOWER. FOR THE
 PURPOSES OF THIS SECTION, THE INFLATION FACTOR  SHALL  BE  A  PERCENTAGE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09818-02-1
 
       A. 6976                             2
 THAT  REPRESENTS  THE  AVERAGE  OF  THE  NATIONAL CONSUMER PRICE INDEXES
 DETERMINED BY THE UNITED STATES  DEPARTMENT  OF  LABOR  FOR  THE  TWELVE
 MONTHS  OF  THE  PRIOR  CALENDAR  YEAR. BY THE ONE HUNDRED TWENTIETH DAY
 PRECEDING  THE  COMMENCEMENT OF EACH LOCAL GOVERNMENT'S FISCAL YEAR, THE
 COMMISSIONER  SHALL  DETERMINE  THE  APPLICABLE  LIMITATION  UPON  LOCAL
 GOVERNMENT TAX LEVIES FOR THE ENSUING FISCAL YEAR, AND SHALL NOTIFY EACH
 LOCAL GOVERNMENT ACCORDINGLY.
 2.  DEFINITION.  WHEN USED IN THIS SECTION: "LOCAL GOVERNMENT" MEANS A
 COUNTY, CITY, TOWN, VILLAGE, FIRE DISTRICT, OR SPECIAL DISTRICT  INCLUD
 ING  BUT  NOT LIMITED TO A DISTRICT CREATED PURSUANT TO ARTICLES TWELVE,
 TWELVE-A, TWELVE-C OR THIRTEEN OF THE TOWN LAW, ARTICLES FIVE-A,  FIVE-B
 OR FIVE-D OF THE COUNTY LAW, CHAPTER FIVE HUNDRED SIXTEEN OF THE LAWS OF
 NINETEEN  HUNDRED  TWENTY-EIGHT, OR CHAPTER TWO HUNDRED SEVENTY-THREE OF
 THE LAWS OF NINETEEN HUNDRED THIRTY-NINE.
 3. EXCEPTIONS. (A) VOTER APPROVAL.
 (I) IN ORDER TO IMPOSE A TAX LEVY EXCEEDING THE LIMITATION PURSUANT TO
 THIS SECTION, A LOCAL GOVERNING BODY MUST FIRST AFFIRM  A  THREE-FOURTHS
 MAJORITY VOTE OF THE TOTAL VOTING POWER OF SUCH BODY, A LOCAL RESOLUTION
 TO  OVERRIDE  SUCH  LIMITATION  FOR  SUCH COMING FISCAL YEAR ONLY, TO BE
 SUBJECT TO A MANDATORY REFERENDUM.
 (II) SUCH RESOLUTION MUST BE SUBMITTED  TO  A  VOTE  OF  THE  ELIGIBLE
 VOTERS  OF  THE  LOCAL GOVERNMENT FOR THEIR APPROVAL OR DISAPPROVAL AT A
 GENERAL OR SPECIAL ELECTION TO BE HELD WITHIN THIRTY DAYS OF SUCH RESOL
 UTION'S AFFIRMATION BY THE LOCAL GOVERNING BODY.
 (III)  THE  ELIGIBLE  VOTERS  OF  A  LOCAL  GOVERNMENT   MAY,   BY   A
 THREE-FOURTHS  MAJORITY  VOTE,  SUSPEND  THE LIMITATIONS IMPOSED BY THIS
 SECTION. NO SUCH VOTE SHALL APPLY TO MORE  THAN  ONE  FISCAL  YEAR.  THE
 QUESTION  OF  WHETHER TO SUSPEND THE LIMITATIONS FOR A PARTICULAR FISCAL
 YEAR MAY BE SUBMITTED TO THE VOTERS NO MORE THAN ONCE. WHEN SUCH A QUES
 TION IS SUBMITTED TO THE VOTERS, IT SHALL BE  PRESENTED  AS  A  SEPARATE
 PROPOSITION  IN  SUBSTANTIALLY THE FOLLOWING FORM: "SHALL THE         BE
 ALLOWED TO INCREASE ITS TAX LEVY BY     PERCENT, DESPITE THE  FACT  THAT
 THE   MAXIMUM   INCREASE  OTHERWISE  ALLOWED  BY  LAW  AT  THE  TIME  IS
 PERCENT?"
 (B) VOTER-APPROVED CAPITAL PROJECTS. THE TAX LEVY  LIMITATION  MAY  BE
 INCREASED  IN  PROPORTION  TO  THE  NET  PERCENTAGE  INCREASE IN CAPITAL
 EXPENDITURES  IN  ASSOCIATION  WITH  CAPITAL  PROJECTS  THAT  HAVE  BEEN
 APPROVED  BY THE ELIGIBLE VOTERS OF THE LOCAL GOVERNMENT, WHERE REQUIRED
 BY LAW.
 (C) LARGE LEGAL SETTLEMENTS OR TORT ACTIONS. THE TAX  LEVY  LIMITATION
 MAY BE INCREASED IN PROPORTION TO THE NET PERCENTAGE INCREASE IN EXPEND
 ITURES RESULTING FROM LEGAL SETTLEMENT OR TORT ACTIONS AGAINST THE LOCAL
 GOVERNMENT.
 4. ERRONEOUS LEVIES. IN THE EVENT A LOCAL GOVERNMENT'S ACTUAL TAX LEVY
 FOR  A  GIVEN  FISCAL YEAR EXCEEDS THE MAXIMUM ALLOWABLE LEVY UNDER THIS
 SECTION DUE TO CLERICAL OR TECHNICAL ERRORS, THE LOCAL GOVERNMENT  SHALL
 PLACE  THE  EXCESS AMOUNT OF THE LEVY IN RESERVE IN ACCORDANCE WITH SUCH
 REQUIREMENTS AS THE STATE COMPTROLLER MAY PRESCRIBE, AND SHALL USE  SUCH
 FUNDS  AND  ANY  INTEREST  EARNED THEREON TO OFFSET THE TAX LEVY FOR THE
 FOLLOWING FISCAL YEAR.
 

S 4. The real property tax law is amended by adding a new section 1309
 to read as follows:

 

S 1309. LIMITATIONS UPON SCHOOL DISTRICT TAX LEVIES.  1.    GENERALLY.
 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, BEGINNING WITH THE
 TWO  THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL YEAR, THE AMOUNT OF
 TAXES LEVIED FOR SCHOOL DISTRICT PURPOSES FOR ANY SCHOOL  YEAR  MAY  NOT
 
       A. 6976                             3
 EXCEED  THE  AMOUNT  OF  TAXES  LEVIED  FOR THE PRIOR SCHOOL YEAR BY TWO
 PERCENT, OR BY  THE  INFLATION  FACTOR,  WHICHEVER  IS  LOWER.  FOR  THE
 PURPOSES  OF  THIS  SECTION,  THE INFLATION FACTOR SHALL BE A PERCENTAGE
 THAT  REPRESENTS  THE  AVERAGE  OF  THE  NATIONAL CONSUMER PRICE INDEXES
 DETERMINED BY THE UNITED STATES  DEPARTMENT  OF  LABOR  FOR  THE  TWELVE
 MONTHS  OF  THE  PRIOR  CALENDAR  YEAR. ON OR BEFORE APRIL FIRST OF EACH
 YEAR, THE COMMISSIONER OF EDUCATION SHALL DETERMINE THE APPLICABLE LIMI
 TATION UPON SCHOOL DISTRICT TAX LEVIES FOR THE ENSUING SCHOOL YEAR,  AND
 SHALL NOTIFY EACH SCHOOL DISTRICT ACCORDINGLY.
 2.  DEFINITION.  WHEN  USED IN THIS SECTION: "SCHOOL DISTRICT" MEANS A
 COMMON SCHOOL DISTRICT,  UNION  FREE  SCHOOL  DISTRICT,  CENTRAL  SCHOOL
 DISTRICT,  CENTRAL  HIGH  SCHOOL DISTRICT OR A CITY SCHOOL DISTRICT IN A
 CITY WITH LESS THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS.
 3. EXCEPTIONS. (A) VOTER APPROVAL. THE ELIGIBLE  VOTERS  OF  A  SCHOOL
 DISTRICT  MAY, BY A THREE-FOURTHS MAJORITY VOTE, SUSPEND THE LIMITATIONS
 IMPOSED BY THIS SECTION IN THE SAME MANNER AS IS PROVIDED BY LAW FOR THE
 APPROVAL OF SCHOOL DISTRICT EXPENDITURES. NO SUCH VOTE  SHALL  APPLY  TO
 MORE  THAN ONE SCHOOL YEAR. THE QUESTION OF WHETHER TO SUSPEND THE LIMI
 TATIONS FOR A PARTICULAR SCHOOL YEAR MAY BE SUBMITTED TO THE  VOTERS  NO
 MORE  THAN  ONCE.  WHEN  SUCH  A QUESTION IS SUBMITTED TO THE VOTERS, IT
 SHALL BE PRESENTED  AS  A  SEPARATE  PROPOSITION  IN  SUBSTANTIALLY  THE
 FOLLOWING  FORM:  "SHALL  THE  SCHOOL DISTRICT BE ALLOWED TO
 INCREASE ITS TAX LEVY BY  PERCENT, DESPITE THE FACT  THAT  THE
 MAXIMUM  INCREASE  OTHERWISE  ALLOWED  BY  LAW  AT THIS TIME IS
 PERCENT?"
 (B) VOTER-APPROVED CAPITAL PROJECTS. THE TAX LEVY  LIMITATION  MAY  BE
 INCREASED  IN  PROPORTION  TO  THE  NET  PERCENTAGE  INCREASE IN CAPITAL
 EXPENDITURES  IN  ASSOCIATION  WITH  CAPITAL  PROJECTS  THAT  HAVE  BEEN
 APPROVED  BY  THE ELIGIBLE VOTERS OF THE SCHOOL DISTRICT, WHERE REQUIRED
 BY LAW.
 (C) LARGE LEGAL SETTLEMENTS OR TORT ACTIONS. THE TAX  LEVY  LIMITATION
 MAY BE INCREASED IN PROPORTION TO THE NET PERCENTAGE INCREASE IN EXPEND
 ITURES  RESULTING  FROM  LEGAL  SETTLEMENT  OR  TORT ACTIONS AGAINST THE
 SCHOOL DISTRICT.
 4. ERRONEOUS LEVIES. IN THE EVENT A SCHOOL DISTRICT'S ACTUAL TAX  LEVY
 FOR  A  GIVEN  SCHOOL YEAR EXCEEDS THE MAXIMUM ALLOWABLE LEVY UNDER THIS
 SECTION DUE TO CLERICAL OR TECHNICAL ERRORS, THE SCHOOL  DISTRICT  SHALL
 PLACE  THE  EXCESS AMOUNT OF THE LEVY IN RESERVE IN ACCORDANCE WITH SUCH
 REQUIREMENTS AS THE STATE COMPTROLLER MAY PRESCRIBE, AND SHALL USE  SUCH
 FUNDS  AND  ANY  INTEREST  EARNED THEREON TO OFFSET THE TAX LEVY FOR THE
 FOLLOWING SCHOOL YEAR.
 

S 5. The legislative law is amended by adding a new  section  51-a  to
 read as follows:

 

S  51-A.  MORATORIUM  ON UNFUNDED MANDATES. 1. DEFINITIONS. AS USED IN
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:

 (A) "LOCAL GOVERNMENT" MEANS  A  COUNTY,  CITY,  TOWN,  VILLAGE,  FIRE
 DISTRICT, SPECIAL DISTRICT OR SCHOOL DISTRICT.
 (B)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC
 IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT  IN
 PERFORMING  OR  ADMINISTERING  ANY  PROGRAM,  PROJECT, OR ACTIVITY AFTER
 SUBTRACTING THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH  LOCAL
 GOVERNMENT  IN RELATION TO SUCH PROGRAM, PROJECT, OR ACTIVITY, INCLUDING
 BUT NOT LIMITED TO:

 (I) FEES CHARGED TO THE RECIPIENTS OF SUCH PROGRAM, PROJECT, OR ACTIV
 ITY;
 
       A. 6976                             4
 (II) STATE OR FEDERAL FUNDS RECEIVED FOR  SUCH  PROGRAM,  PROJECT,  OR
 ACTIVITY; AND
 (III)  AN  OFFSETTING  SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI
 NATION OF ANY  OTHER  PROGRAM,  PROJECT,  OR  ACTIVITY  THAT  STATE  LAW
 REQUIRES SUCH LOCAL GOVERNMENT TO PROVIDE OR UNDERTAKE.
 (C) "UNFUNDED MANDATE" MEANS:

 (I)  ANY  STATE  LAW  THAT  REQUIRES  A LOCAL GOVERNMENT TO PROVIDE OR
 UNDERTAKE ANY NEW PROGRAM, PROJECT OR ACTIVITY THAT RESULTS IN AN ANNUAL
 NET ADDITIONAL COST TO ANY LOCAL GOVERNMENT IN EXCESS  OF  TEN  THOUSAND
 DOLLARS  OR AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL LOCAL GOVERN
 MENTS WITHIN THE STATE IN EXCESS OF ONE MILLION DOLLARS; OR
 (II) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE A HIGH
 ER LEVEL OF SERVICE OR FUNDING  FOR  AN  EXISTING  PROGRAM,  PROJECT  OR
 ACTIVITY  THAT  RESULTS  IN  AN  ANNUAL NET ADDITIONAL COST TO ANY LOCAL
 GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL  NET
 ADDITIONAL  COST  TO ALL LOCAL GOVERNMENTS WITHIN THE STATE IN EXCESS OF
 ONE MILLION DOLLARS; OR
 (III) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO GRANT ANY  NEW
 PROPERTY TAX EXEMPTION OR THAT BROADENS THE ELIGIBILITY OR INCREASES THE
 DOLLAR  AMOUNT  OF ANY EXISTING PROPERTY TAX EXEMPTION, ON PROPERTY THAT
 OTHERWISE WOULD HAVE GENERATED REVENUE UNDER THE  CURRENT  PROPERTY  TAX
 RATE  OF  SUCH LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS IN ANY
 LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS STATEWIDE; OR
 (IV) ANY STATE LAW WITH A LEGAL REQUIREMENT THAT WOULD OTHERWISE LIKE
 LY HAVE THE EFFECT OF RAISING PROPERTY TAXES IN EXCESS OF  TEN  THOUSAND
 DOLLARS  IN  ANY  LOCAL  GOVERNMENT  OR IN EXCESS OF ONE MILLION DOLLARS
 STATEWIDE.
 2.  MORATORIUM  ON  UNFUNDED  MANDATES.  NOTWITHSTANDING   ANY   OTHER
 PROVISION OF LAW, NO UNFUNDED MANDATES SHALL BE ENACTED.
 3.  EXEMPTIONS.  (A)  A  STATE LAW SHALL NOT BE CONSIDERED AN UNFUNDED
 MANDATE WHERE SUCH LAW:

 (I) IS REQUIRED BY A COURT ORDER OR JUDGMENT; OR
 (II) IS PROVIDED AT THE OPTION OF THE LOCAL  GOVERNMENT  UNDER  A  LAW
 THAT IS PERMISSIVE RATHER THAN MANDATORY; OR
 (III)  RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE WHEREBY A LOCAL
 GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE SPECI
 FIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY UPON THAT  LOCAL
 GOVERNMENT  WHICH  REQUESTS  THE  AUTHORITY  TO  IMPOSE  THE  PROGRAM OR
 SERVICE; OR
 (IV) IS REQUIRED BY STATUTE  OR  EXECUTIVE  ORDER  THAT  IMPLEMENTS  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 EXECU
 TIVE ORDER RESULTS IN COSTS WHICH  EXCEED  THE  COSTS  MANDATED  BY  THE
 FEDERAL GOVERNMENT; OR
 (V)  IS  IMPOSED ON BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN THE
 SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES; OR
 (VI) REPEALS OR REVISES A STATE LAW TO EASE  AN  EXISTING  REQUIREMENT
 THAT  A  LOCAL  GOVERNMENT  PROVIDE  OR UNDERTAKE A PROGRAM, PROJECT, OR
 ACTIVITY, OR REAPPORTIONS THE COSTS OF ACTIVITIES BETWEEN LOCAL  GOVERN
 MENTS; OR
 (VII)  IS  NECESSARY  TO PROTECT AGAINST AN IMMEDIATE THREAT TO PUBLIC
 HEALTH OR SAFETY.
 (B) THE EFFECTIVE DATE OF ANY ACT ESTABLISHING A MANDATE SHALL PROVIDE
 A REASONABLE TIME FOR THE STATE AND ANY LOCAL GOVERNMENT TO PLAN  IMPLE
 MENTATION  THEREOF  AND  SHALL  BE  CONSISTENT  WITH THE AVAILABILITY OF
 REQUIRED FUNDS.
 
       A. 6976                             5
 

S 6. The legislative law is amended by adding a new  section  51-b  to
 read as follows:

 

S 51-B. SUNSET ON ENACTED UNFUNDED MANDATES. 1. EVERY PROVISION OF LAW
 THAT  IMPOSES  AN UNFUNDED MANDATE RESULTING IN AN ANNUAL NET ADDITIONAL
 COST TO ANY LOCAL GOVERNMENT IN EXCESS OF TEN  THOUSAND  DOLLARS  OR  AN
 AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL LOCAL GOVERNMENTS WITHIN THE
 STATE IN EXCESS OF ONE MILLION DOLLARS, BEYOND REVENUES RECEIVED BY SUCH
 LOCAL GOVERNMENT IN RELATION TO SUCH MANDATE, SHALL EXPIRE AND BE DEEMED
 REPEALED WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
 2.  ANY UNFUNDED MANDATE REPEALED BY THIS SECTION SHALL NOT BE SUBJECT
 TO SECTION FIFTY-ONE-A OF THIS ARTICLE, IN  ANY  ATTEMPT  TO  RENEW  THE
 EXPIRED LAW, WITHIN ONE YEAR OF ITS EXPIRATION.
 

S  7. 

Section 365-a of the social services law is amended by adding a
 new subdivision 10 to read as follows:

 10. (A) NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  SECTION  OR  ANY
 OTHER PROVISION OF LAW, ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVI
 SION,  THE  STATE  IS REQUIRED TO ALLOW COUNTIES TO OPT OUT OF PROVIDING
 OPTIONAL MEDICAL ASSISTANCE SERVICES  TO  ANY  NEW  ENROLLEES  WHO  HAVE
 EITHER NEVER RECEIVED SUCH BENEFITS OR WHO HAVE REENROLLED AFTER A PERI
 OD OF ABSENCE.
 (B)  THE COMMISSIONER OF HEALTH IS AUTHORIZED TO APPLY FOR ANY AND ALL
 FEDERAL WAIVERS REQUIRED TO IMPLEMENT THE PROVISIONS  OF  THIS  SUBDIVI
 SION.
 

S  8.  This act shall take effect immediately, provided, however, that
 section five of this act shall only apply to  laws  enacted  after  such
 effective date.

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