S2707A-2011 Actions

• Jan 11, 2012: PRINT NUMBER 2707A
• Jan 11, 2012: AMEND AND RECOMMIT TO FINANCE
• Jan 4, 2012: REFERRED TO FINANCE
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Feb 1, 2011: referred to education
• Jan 31, 2011: DELIVERED TO ASSEMBLY
• Jan 31, 2011: PASSED SENATE
• Jan 31, 2011: ORDERED TO THIRD READING CAL.40
• Jan 31, 2011: REPORTED AND COMMITTED TO RULES
• Jan 28, 2011: REFERRED TO FINANCE

S2707A-2011 Votes

S2707A-2011 Memo

BILL NUMBER:S2707

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; and to amend the education
law, in relation to the effect of mandates on school districts

PURPOSE:
This legislation would require any state mandated program imposed on
municipalities or school districts, which created any net additional
cost in excess 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 amends the Education Law by adding a new section 308-a

Section 5 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.

FISCAL IMPLICATIONS:
State imposed mandates on local governments or school districts with
an excess net additional cost will be funded by the state.

EFFECTIVE DATE:
April 1, 2012

S2707A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2707--A
 2011-2012 Regular Sessions
 I N  SENATE
 January 28, 2011
 
 Introduced  by  Sens. SALAND, ALESI, BALL, BONACIC, DeFRANCISCO, FARLEY,
 FLANAGAN, FUSCHILLO, GALLIVAN, GOLDEN, GRIFFO, GRISANTI, HANNON, JOHN
 SON, LANZA, LARKIN,  LAVALLE,  LIBOUS,  LITTLE,  MARCELLINO,  MARTINS,
 MAZIARZ,  McDONALD,  NOZZOLIO,  O'MARA,  RANZENHOFER, RITCHIE, ROBACH,
 SEWARD, SKELOS, VALESKY, YOUNG,  ZELDIN  --  read  twice  and  ordered
 printed,  and when printed to be committed to the Committee on Finance
 -- recommitted to the Committee on Finance 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; and to amend  the  educa
 tion law, in relation to the effect of mandates on 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05594-08-2
 
       S. 2707--A                          2
 

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
 (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.
 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.
 
       S. 2707--A                          3
 (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  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.
 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
 
       S. 2707--A                          4
 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
 (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.  The  education  law is amended by adding a new section 308-a to
 read as follows:

 

S 308-A. SPECIAL PROVISIONS; MANDATES. 1. AS  USED  IN  THIS  SECTION,
 "MANDATE"  MEANS  (A)  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
 (B) 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.
 2. IN THE EVENT THAT A MANDATE WHICH IMPOSES  A  COST  UPON  A  SCHOOL
 DISTRICT  IS CREATED AFTER THE ADOPTION OF A SCHOOL BUDGET, SUCH MANDATE
 SHALL NOT BE IMPLEMENTED UNTIL THE FOLLOWING YEAR FOR WHICH SUCH  SCHOOL
 BUDGET WAS ADOPTED.
 3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE CAN
 BE IMPOSED IF:

 (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER
 A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATO
 RY;
 (B)  THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
 THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
 (C) 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  IMPOSES  COSTS  WHICH EXCEED THE COSTS MANDATED BY THE
 FEDERAL GOVERNMENT.
 

S 5. This act shall take effect immediately, provided that:

 1. sections one through three of this act shall be deemed to have been
 in full force and effect on and after April 1, 2012 and shall  apply  to
 any  general  or special law imposing mandates on municipal corporations
 or school districts enacted on or after such effective date; and
 2. the commissioner of education shall adopt any regulations needed to
 implement the provisions of this act on or before July 1, 2013.

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