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.

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S2199A-2011 Actions

• Jan 6, 2012: PRINT NUMBER 2199A
• Jan 6, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jan 18, 2011: REFERRED TO LOCAL GOVERNMENT

S2199A-2011 Memo

BILL NUMBER:S2199A

TITLE OF BILL:
An act
to amend the general municipal law and the education law, in
relation to requiring the state to fund certain
programs mandated for
municipal corporations and school districts

PURPOSE:
This legislation would require any state mandated program imposed on
municipalities or school districts, which created an annual net
additional cost in excess of $10,000 or an aggregate annual net
additional cost in excess of $1 million to be funded by the state.

SUMMARY OF PROVISIONS:
Section 1 provides Legislative Intent.

Section 2 amends the General Municipal Law by adding a new section 25.

Section 3 amends the Education Law by adding a new section 1527-a.

Section 4 is the Effective Date.

JUSTIFICATION:
State mandated programs, unlike local service decisions, place local
taxpayers and local officials in the position of paying for services
that they do not control. Increasingly, the state has set local
priorities and forced municipal taxing decisions by mandating
services, programs and standards.
As a result, many local governments and school districts are today in
an acutely difficult fiscal situation. Thus, in order to prevent
irresponsible state actions which prevent localities from making
their own decisions, and which force unwanted local property tax
increases, it is necessary to ensure that state mandates will not be
forced on localities and school districts, unless they are adequately
funded.

LEGISLATIVE HISTORY:
2009-2010: S.1470  - Referred to Local Government
2007-2008: S.1078  - Referred to Local Government
2005-2006: S.464   - Referred to Local Government
2003-2004: S.2822  - Referred to Civil Service and Pensions
2001-2002: S.5060  - Referred to Local Government
1999-2000: S.2322  - Reported to Rules
1997-1998: S.1005  - Reported to Rules
1995-1996: S.4001  - Referred to Local Government
1993-1994: S.1065A - Passed Senate

FISCAL IMPLICATIONS:
State imposed mandates on local governments or school districts with
an annual net additional cost in excess of $10,000 or an aggregate
annual net additional cost in excess of $1 million to be funded by
the State.

EFFECTIVE DATE:


April 1, 2013.

S2199A-2011 Text

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

                                   2199--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 18, 2011
                                 ___________

  Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
    printed to be committed to the Committee on Local Government -- recom-
    mitted to the Committee on Local Government in accordance with  Senate
    Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
    reprinted as amended and recommitted to said committee

  AN ACT to amend the general municipal law  and  the  education  law,  in
    relation  to requiring the state to fund certain programs mandated for
    municipal corporations and school districts

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


    Section  1.  Legislative intent. State mandated programs, unlike local
  service decisions, place local taxpayers  and  local  officials  in  the
  position  of paying for services that they do not control. Increasingly,
  however, the state has set local priorities and forced municipal  taxing
  decisions  by  mandating services, programs, and standards. As a result,
  many local governments and school districts  are  today  in  an  acutely
  difficult fiscal situation.
    Thus,  in  order  to prevent irresponsible state actions which prevent
  localities from making their own decisions,  and  which  force  unwanted
  local  property  tax  increases,  it  is  necessary to ensure that state
  mandates will not be forced on localities and  school  districts  unless
  they are adequately funded.
    S  2.  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 CREATES A NEW PROGRAM OR
  REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
  MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE; OR

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05414-02-2

 S. 2199--A                          2

    (II)  ANY  GENERAL  LAW  WHICH  GRANTS A NEW PROPERTY TAX EXEMPTION OR
  INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL  CORPO-
  RATION IS REQUIRED TO PROVIDE.
    (B) "UNFUNDED MANDATE" SHALL MEAN:

    (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES 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 THE 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 THE MUNICIPAL
  CORPORATION; OR
    (III) ANY GENERAL LAW WHICH GRANTS A NEW  PROPERTY  TAX  EXEMPTION  OR
  INCREASES  AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO-
  RATION IS REQUIRED TO PROVIDE, THEREBY RESULTING  IN  A  NET  ADDITIONAL
  COST TO THE MUNICIPAL CORPORATION.
    (C)  "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  A MANDATE AFTER SUBTRACTING THEREFROM ANY
  REVENUES RECEIVED OR RECEIVABLE BY THE LOCAL GOVERNMENT  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,  NO  UNFUNDED  MANDATE SHALL BE ENACTED WHICH
  CREATES AN ANNUAL NET ADDITIONAL COST TO ANY  MUNICIPAL  CORPORATION  IN
  EXCESS  OF  TEN  THOUSAND  DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL
  COST TO ALL MUNICIPAL CORPORATIONS IN EXCESS OF ONE MILLION DOLLARS.
    3.  EXEMPTIONS  TO  THE  FUNDING  OF  MUNICIPAL  CORPORATION  MANDATES
  REQUIREMENT.  (A)  THE  STATE  SHALL  NOT BE REQUIRED TO FUND ANY NEW OR
  EXPANDED PROGRAMS 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 PASSAGE  OF  A  HOME  RULE  MESSAGE
  WHEREBY  A  LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM
  OR SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS  ONLY
  UPON  THAT  LOCAL  GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE 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) EACH ACT 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  MUNICIPAL  CORPORATIONS  TO
  PLAN  IMPLEMENTATION  THEREOF  AND  CONSISTENT  WITH THE AVAILABILITY OF
  REQUIRED FUNDS.

 S. 2199--A                          3

    S 3. 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 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
    (II) 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.
    (B) "UNFUNDED MANDATE" SHALL MEAN:

    (I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM  OR
  REQUIRES  A  HIGHER  LEVEL  OF SERVICE FOR AN EXISTING PROGRAM WHICH ANY
  SUCH SCHOOL DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN  A  NET
  ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
    (II)  ANY  ALTERATION  IN FUNDING PROVIDED TO ANY SUCH 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  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, THEREBY RESULTING IN A NET ADDITIONAL
  COST TO SUCH SCHOOL DISTRICT.
    (C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED  OR  ANTIC-
  IPATED  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 THE 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, NO UNFUNDED MANDATE SHALL BE ENACTED WHICH CREATES AN
  ANNUAL NET ADDITIONAL COST TO ANY SCHOOL DISTRICT IN EXCESS OF TEN THOU-
  SAND DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL COST  TO  ALL  SCHOOL
  DISTRICTS IN EXCESS OF ONE MILLION DOLLARS.
    3.  EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT.
  (A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS
  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 PASSAGE  OF  A  HOME  RULE  MESSAGE
  WHEREBY A SCHOOL DISTRICT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR
  SERVICE  SPECIFIED  IN  THE  STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
  UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE  AUTHORITY  TO  IMPOSE  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

 S. 2199--A                          4

    (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)  EACH  ACT 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 ALSO CONSISTENT WITH THE AVAILABILITY OF REQUIRED FUNDS.
    S  4.  This act shall take effect April 1, 2013 and shall apply to any
  general or special law imposing mandates on  municipal  corporations  or
  school districts enacted on or after such effective date.