This bill has been amended

Bill S1294-2013

Requires any state mandated program imposed on municipalities and school districts to be funded by the state

Requires that the state fund any program which imposes a mandate upon municipal corporations or school districts; establishes criteria for any exemption from such law if such mandate is ordered by the judiciary, pursuant to an executive order or requested by the locality; expands the reporting requirements of the mandate relief council.

Details

Actions

  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 10, 2013: referred to local governments
  • Jun 10, 2013: DELIVERED TO ASSEMBLY
  • Jun 10, 2013: PASSED SENATE
  • Jun 4, 2013: ORDERED TO THIRD READING CAL.1027
  • Jun 4, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 22, 2013: REPORTED AND COMMITTED TO FINANCE
  • Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT

Votes

VOTE: COMMITTEE VOTE: - Local Government - May 22, 2013
Ayes (9): Martins, Ball, Boyle, Marchione, Ritchie, Valesky, Gipson, Latimer, O'Brien

Memo

BILL NUMBER:S1294

TITLE OF BILL: An act to amend the general municipal law and the education law, in relation to prohibiting the establishment of certain programs mandated for municipal corporations and school districts unless such programs are fully funded by the state; and to amend the executive law, in relation to the mandate relief council

PURPOSE: Requires any state mandated program imposed on municipalities and school districts to be funded by the state.

SUMMARY OF PROVISIONS:

Section 1. The general municipal law is amended by adding a new section 25 which specifically defines "mandate", "unfunded mandate", and "net additional cost" in relation to state funding of school programs.

Section 2. The education law is amended by adding a new section 1527-a which states that no unfunded mandate shall be enacted which creates a net additional cost to any school district. In addition, this section explains the circumstances under which the state would not be required to fund any mandate for a school district, such as a mandate required by a court order or legislation requested by the school district.

Section 3. Paragraph b of subdivision 2 and subdivision 7 of section 666 of the executive law, as added by section 2 of subpart H of part C of chapter 97 of the laws of 2011 are amended to provide that the chair shall call a meeting of the councils at least once each calendar year and submit an annual report describing the actions the council has taken.

Section 4. Sets forth the effective date.

JUSTIFICATION: State mandated programs place local taxpayers and local officials in the position of paying for services that they do not control. State mandated programs allow the state rather than local officials to set priorities for the locality. In turn, this forces municipalities to levy more taxes on its residents in order to pay for these state mandated programs.

This bill requires programs that originate from the state to be paid for by the state and not have the burden to find funding fall upon local municipalities. This bill seeks to protect local municipalities and school districts from unfunded mandates and allow local officials to set priorities for their own area.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately. Sections one and two of this act shall apply to mandates enacted on or after such effective date; and provided, further, that the amendments to section 666 of the executive law, made by section three of this act, shall not

affect the expiration and repeal of such section, and shall expire and be deemed repealed therewith.


Text

STATE OF NEW YORK ________________________________________________________________________ 1294 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law and the education law, in relation to prohibiting the establishment of certain programs mandated for municipal corporations and school districts unless such programs are fully funded by the state; and to amend the executive law, in relation to the mandate relief council THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general municipal law is amended by adding a new section 25 to read as follows: S 25. FUNDING OF MANDATES. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE: (A) "MANDATE" MEANS: (I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW PROGRAM OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE; OR (II) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION OR ABATEMENT WHICH A MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE. (B) "UNFUNDED MANDATE" SHALL MEAN: (I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW PROGRAM OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE, AND WHICH RESULTS IN A NET ADDITIONAL COST TO SUCH MUNICIPAL CORPORATION; (II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH MUNICIPAL CORPORATION; OR
(III) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION OR ABATEMENT WHICH ANY MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH MUNICIPAL CORPO- RATION. (C) "NET ADDITIONAL COST" MEANS THE INCREASED COST OR COSTS INCURRED OR ANTICIPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A MUNICIPAL CORPORATION IN PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH MUNICIPAL CORPO- RATION ON ACCOUNT OF THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO: (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE; (II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN CONNECTION WITH THE PROGRAM OR SERVICE; AND (III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI- NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM. 2. FUNDING OF MUNICIPAL CORPORATION MANDATES. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO UNFUNDED MANDATE SHALL BE ENACTED WHICH CREATES AN INCREASED ANNUAL NET ADDITIONAL COST TO ANY MUNICIPAL CORPORATION. EACH MANDATE WHICH IMPOSES A NET ADDITIONAL COST UPON A MUNICIPAL CORPORATION SHALL PROVIDE FOR COMPENSATION OR FUNDING BY THE STATE OF THE FULL AMOUNT OF THE NET ADDITIONAL COST THEREOF. IN THE EVENT SUCH COMPENSATION OR FUNDING IS NOT PROVIDED, THE MANDATE SHALL BE VOID. 3. EXEMPTIONS TO THE FUNDING OF MUNICIPAL CORPORATION MANDATES REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY MANDATE IF: (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT; (II) THE MANDATE IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT UNDER A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATORY; (III) THE MANDATE RESULTS FROM THE ENACTMENT OF LEGISLATION REQUESTED BY THE MUNICIPAL CORPORATION IN A HOME RULE MESSAGE REQUESTING AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY UPON THAT MUNICIPAL CORPORATION WHICH REQUESTS THE AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE; (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR (V) 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 RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE FEDERAL GOVERNMENT. (B) EVERY STATUTE, RULE OR REGULATION ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE DATE OF ANY SUCH MANDATE IMPOSED ON MUNICIPAL CORPORATIONS SHALL BE CONSISTENT WITH THE NEEDS OF THE STATE AND MUNICI- PAL CORPORATIONS TO PLAN IMPLEMENTATION THEREOF AND BE CONSISTENT WITH THE AVAILABILITY OF REQUIRED FUNDS. S 2. The education law is amended by adding a new section 1527-a to read as follows: S 1527-A. FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1. DEFI- NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE: (A) "MANDATE" MEANS:
(I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW PROGRAM OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A SCHOOL DISTRICT IS REQUIRED TO PROVIDE; OR (II) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION OR ABATEMENT WHICH A SCHOOL DISTRICT IS REQUIRED TO PROVIDE. (B) "UNFUNDED MANDATE" SHALL MEAN: (I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW PROGRAM OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A SCHOOL DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET ADDI- TIONAL COST TO SUCH SCHOOL DISTRICT; (II) ANY ALTERATION IN FUNDING PROVIDED TO A SCHOOL DISTRICT FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL DISTRICT; OR (III) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION OR ABATEMENT WHICH A SCHOOL DISTRICT IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL DISTRICT. (C) "NET ADDITIONAL COST" MEANS THE INCREASED COST OR COSTS INCURRED OR ANTICIPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL DISTRICT IN PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH SCHOOL DISTRICT ON ACCOUNT OF THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO: (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE; (II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN CONNECTION WITH THE PROGRAM OR SERVICE; AND (III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI- NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM. 2. FUNDING OF SCHOOL DISTRICT MANDATES. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO UNFUNDED MANDATE SHALL BE ENACTED WHICH CREATES A NET ADDITIONAL COST TO ANY SCHOOL DISTRICT. EACH MANDATE WHICH IMPOSES A NET ADDITIONAL COST UPON A SCHOOL DISTRICT SHALL PROVIDE FOR COMPENSATION OR FUNDING BY THE STATE OF THE FULL AMOUNT OF THE NET ADDITIONAL COSTS THEREOF. IN THE EVENT SUCH COMPENSATION OR FUNDING IS NOT PROVIDED, THE MANDATE SHALL BE VOID. 3. EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY MANDATE FOR SCHOOL DISTRICTS IF: (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT; (II) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATORY; (III) THE MANDATE RESULTS FROM THE ENACTMENT OF LEGISLATION REQUESTED BY THE SCHOOL DISTRICT IN A HOME RULE MESSAGE REQUESTING AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE SPECIFIED IN THE STATUTE, AND THE STAT- UTE IMPOSES COSTS ONLY UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE; (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR (V) 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 RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE FEDERAL GOVERNMENT. (B) EVERY STATUTE, RULE OR REGULATION ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL DISTRICTS SHALL BE CONSISTENT WITH THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN IMPLEMENTATION THEREOF, AND BE CONSISTENT WITH THE AVAILABILITY OF REQUIRED FUNDS. S 3. Paragraph b of subdivision 2 and subdivision 7 of section 666 of the executive law, as added by section 2 of subpart H of part C of chap- ter 97 of the laws of 2011, are amended to read as follows: b. The council shall meet regularly upon the call of its chair and as frequently as its business may require; PROVIDED THAT THE CHAIR SHALL CALL A MEETING OF THE COUNCILS AT LEAST ONCE EACH CALENDAR YEAR. The members of the council shall serve without compensation but shall receive reimbursement for their reasonable and necessary expenses. 7. Reports. The council shall [by] ANNUALLY, ON OR BEFORE December fifteenth [of each year], SUBMIT A report, to the governor [and legisla- ture regarding], TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, MINORITY LEADER OF THE SENATE, MINORITY LEADER OF THE ASSEM- BLY, CHAIR OF THE SENATE FINANCE COMMITTEE, AND CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, ON its activities, and [regarding] the issues, statutes, regulations, rules and orders which it HAS reviewed, examined, proposed, referred[,] and/or considered, AND SPECIFY THE ACTIONS THE COUNCIL HAS TAKEN THEREON. Such reports, which shall be adopted upon a majority vote of the members of the council, or their designees in the case of the director of the division of the budget or the secretary of state. All reports of the council shall be posted on a publicly accessi- ble website. S 4. This act shall take effect immediately and sections one and two of this act shall apply to mandates enacted on or after such effective date; and provided, further, that the amendments to section 666 of the executive law, made by section three of this act, shall not affect the expiration and repeal of such section, and shall expire and be deemed repealed therewith.

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