Restricts the imposition of additional unfunded mandates on local governments by the state until such time as those mandates are fully funded by the state; provides for certain exceptions; provides that a three-fifths majority in each house shall override this restriction.
TITLE OF BILL: An act to amend the legislative law, in relation to restricting the imposition of unfunded mandates on political subdivisions of the state
PURPOSE OR GENERAL IDEA OF BILL: Restricts the imposition of certain unfunded mandates by the legislature on localities; and provides that a three-fifths (3/5) super majority in each house shall override this restriction.
SUMMARY OF SPECIFIC PROVISIONS: Amends the Legislative Law by adding a new section 51-a that provides as follows:
* Defines "political subdivision" and "qualifying bill".
* Prohibits the legislature from passing any bill - except those explicitly exempted - that establishes a state program, significantly changes services required to be provided by such program, or results in a change in revenues or expenses of a political subdivision, if the direct impact of the bill exceeds $10,000 per year for any subdivision or $100,000 if more than one subdivision is affected, unless the bill provides for state reimbursement to the affected political subdivision for reasonable and necessary costs of complying with the mandates that bill imposes.
* Requires the state to include in bills subject to this section an initial appropriation to cover the costs of implementation for the current fiscal year, and to include funding for continuing programs in the budget for subsequent fiscal years.
* Exempts from the new section certain categories of bills, including:
- bills required to comply with federal laws or rules or to meet eligibility standards for federal entitlements;
- bills similarly affecting both government and non-government entities;
- bills concerning only optional programs or services; budget bills submitted by the Governor pursuant to Article XII of the state constitution, so long as they do not impose any new mandates which, if taken by themselves, would be subject to the restrictions of the new section;
- bills that repeal, revise or ease an existing mandate, or reapportion the costs of activities among local entities; bills that stem from failure to comply with previously enacted laws or rules;
- bills arising from court rulings or from executive orders of the governor exercising emergency powers;
- bills that implement the state's constitution;
- bills which are enacted after a public hearing wish a fiscal analysis, held after public notice that. unfunded mandates will be considered, in addition to complying with all other requirements with regard to the enactment of law, are passed by a 3/5 vote of both the Senate and Assembly;
- and lastly, bills that are the result of a passage of a home rule message.
JUSTIFICATION: New York imposes numerous program and service requirements on local governments with.out fully considering the fiscal impacts. These unfunded mandates require localities already experiencing economic hardship to provide new or significantly expanded programs and services without the funding necessary to carry out these mandates. Arguably, the State is better able to finance any new program than are local governments, because of its broader and more equitable tax base, which draws on the income wealth of the entire State. In contrast, local governments rely heavily on burdensome property taxes and regressive sales taxes. Moreover, the State is equipped to utilize cost containment measures and economies of scale.
Bills that have an impact of more than $10,000 per year on one locality, or more than $100,000 in total, should in general include an appropriation to cover reasonable and necessary costs of compliance. In this proposal, if necessary, the legislature can override this restriction after a public hearing and a three-fifths vote of both houses.
This proposal does NOT apply to currently existing programs.
PRIOR LEGISLATIVE HISTORY: A.5789 of 2009/2010 A.2508 and S.3084 of 2007/2008 A.2055 and S.2329 of 2005/2006 A.6310 and S.1270 of 2003/2004 A.6628 and S.1306 of 2001/2002 A.2719 and S.1264 of 1999/2000 A.2417 and S.4236 of 1997/1998 A.9296 and S.6469 of 1995/1996
FISCAL IMPLICATIONS: The State will be required to appropriate funds for new mandates on localities, and the localities will commensurately realize savings.
This act shall take effect on the 1st of January next succeeding the date on which it shall become a law.
STATE OF NEW YORK ________________________________________________________________________ 3211 2011-2012 Regular Sessions IN SENATE February 11, 2011 ___________Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the legislative law, in relation to restricting the imposition of unfunded mandates on political subdivisions of the state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and intent. The legislature finds that state government imposes numerous program and service requirements on its local governments without fully considering the fiscal impacts of these requirements. Such unfunded mandates require local governments already experiencing considerable economic hardship to provide new or significantly expanded programs and services without the funding neces- sary to carry out those mandates. Because unfunded mandates aggravate the fiscal difficulty that some local governments are now experiencing, the state must consider the burdens of unfunded mandates before imposing additional such requirements on local governments. The legislature therefore declares that it is appropriate that state government provide funding for mandates it imposes on local governments. The legislature also finds that some mandates are critical to preserv- ing the health, safety and welfare of the people of the state. Because it is impractical to shift immediately to full state funding of all state mandates, and recognizing the need to curtail the transfer of program and service expenses from the state to local governments, the legislature declares its intent to restrict the imposition of additional unfunded mandates on local governments until such time as these mandates are fully funded by the state. S 2. The legislative law is amended by adding a new section 51-a to read as follows: S 51-A. STATE MANDATES ON POLITICAL SUBDIVISIONS OF THE STATE. 1. DEFINITIONS. AS USED IN THIS SECTION:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00353-01-1 S. 3211 2
(A) THE TERM "POLITICAL SUBDIVISION" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR SPECIAL DISTRICT, OR ANY AGENCY, AUTHORITY, COMMISSION, DEPARTMENT OR INSTRUMENTALITY THEREOF. (B) THE TERM "QUALIFYING BILL" MEANS ANY BILL OR AMENDMENT TO A BILL FILED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION WHICH ESTABLISHES A STATE PROGRAM, SIGNIFICANTLY CHANGES SERVICES REQUIRED TO BE PROVIDED BY SUCH PROGRAM, OR RESULTS IN A CHANGE IN REVENUES OR EXPENSES OF ANY POLITICAL SUBDIVISION. 2. NO QUALIFYING BILL HAVING A DIRECT IMPACT ON ANY POLITICAL SUBDIVI- SION IN EXCESS OF TEN THOUSAND DOLLARS PER YEAR, OR ON TWO OR MORE POLI- TICAL SUBDIVISIONS COLLECTIVELY OR ON A CITY WITH A POPULATION OF ONE MILLION OR MORE IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS PER YEAR, SHALL BE OPERATIVE ON SUCH POLITICAL SUBDIVISION OR CITY UNLESS THE LEGISLATION HAVING SUCH IMPACT REQUIRES THE STATE TO PROVIDE A FULL SUBVENTION OF FUNDS FROM THE STATE TO REIMBURSE ANY AFFECTED POLITICAL SUBDIVISION OR CITY FOR THE REASONABLE AND NECESSARY COST THEREOF. 3. A LAW SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL MAKE AN INITIAL APPROPRIATION THEREIN IN THE AMOUNT SUFFICIENT TO PAY IN FULL ANY NET ADDITIONAL COST OF COMPLIANCE NECESSARILY INCURRED BY THE AFFECTED POLITICAL SUBDIVISION IN THAT FISCAL YEAR. THEREAFTER, THE STATE SHALL PROVIDE FUNDING FOR CONTINUING PROGRAMS OR SERVICES SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION IN THE ANNUAL APPROPRIATIONS ACT OR SUPPLEMENTAL ACTS THERETO OR IN APPROPRI- ATIONS OF BOND MONEYS OR OTHER DESIGNATED SOURCES OF FUNDING. 4. NOTWITHSTANDING ANY OTHER PROVISION IN THIS SECTION TO THE CONTRA- RY, THE FOLLOWING CATEGORIES OF BILLS SHALL NOT BE CONSIDERED UNFUNDED MANDATES: (A) THOSE WHICH ARE REQUIRED TO COMPLY WITH FEDERAL LAWS OR RULES OR TO MEET ELIGIBILITY STANDARDS FOR FEDERAL ENTITLEMENTS; (B) THOSE WHICH ARE IMPOSED ON BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN THE SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES; (C) THOSE WHICH PERMIT, ESTABLISH OR ENABLE ONLY OPTIONAL PROGRAMS OR SERVICES; (D) THOSE WHICH ARE BUDGET BILLS SUBMITTED BY THE GOVERNOR PURSUANT TO ARTICLE SEVEN OF THE CONSTITUTION, BUT ONLY IF SUCH BILLS IMPLEMENT, REVISE, AMEND OR CONTINUE PROGRAMS OR MANDATES WHICH CURRENTLY EXIST AND SUCH BILLS DO NOT IMPOSE ANY NEW MANDATES WHICH, IF TAKEN BY THEMSELVES, WOULD OTHERWISE BE SUBJECT TO THE RESTRICTIONS OF THIS SECTION; (E) THOSE WHICH REPEAL, REVISE, OR EASE AN EXISTING MANDATE OR REQUIREMENT, OR WHICH REAPPORTION THE COSTS OF ACTIVITIES BETWEEN BOARDS OF EDUCATION, COUNTIES AND MUNICIPALITIES; (F) THOSE WHICH STEM FROM FAILURE TO COMPLY WITH PREVIOUSLY ENACTED LAWS, OR RULES OR REGULATIONS ISSUED PURSUANT TO A LAW; (G) THOSE WHICH ARISE FROM A RULING BY A COURT OF COMPETENT JURISDIC- TION; (H) THOSE WHICH ARISE FROM AN EXECUTIVE ORDER OF THE GOVERNOR EXERCIS- ING HIS EMERGENCY POWERS; (I) THOSE WHICH IMPLEMENT PROVISIONS OF THE CONSTITUTION OF THE STATE OF NEW YORK; (J) THOSE WHICH ARE ENACTED AFTER A PUBLIC HEARING, HELD AFTER PUBLIC NOTICE THAT UNFUNDED MANDATES WILL BE CONSIDERED, FOR WHICH A FISCAL ANALYSIS IS AVAILABLE AT THE TIME OF THE PUBLIC HEARING AND WHICH, IN ADDITION TO COMPLYING WITH ALL OTHER REQUIREMENTS WITH REGARD TO THE ENACTMENT OF A LAW, ARE PASSED BY A THREE-FIFTHS VOTE OF BOTH THE SENATE AND ASSEMBLY; ANDS. 3211 3
(K) THOSE WHICH ARE THE RESULT OF 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. S 3. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.