senate Bill S2707A

Relates to requiring the state to fund certain programs mandated for municipal corporations and school districts

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 28 / Jan / 2011
    • REFERRED TO FINANCE
  • 31 / Jan / 2011
    • REPORTED AND COMMITTED TO RULES
  • 31 / Jan / 2011
    • ORDERED TO THIRD READING CAL.40
  • 31 / Jan / 2011
    • PASSED SENATE
  • 31 / Jan / 2011
    • DELIVERED TO ASSEMBLY
  • 01 / Feb / 2011
    • REFERRED TO EDUCATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 11 / Jan / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 11 / Jan / 2012
    • PRINT NUMBER 2707A

Summary

Relates to requiring the state to fund certain programs mandated for municipal corporations and school districts.

do you support this bill?

Bill Details

Versions:
S2707
S2707A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
General Municipal Law
Laws Affected:
Add §25, Gen Muni L; add §§1527-a & 308-a, Ed L

Sponsor Memo

BILL NUMBER:S2707A

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 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 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.

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:
Immediately, with provisions.

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

                                 2707--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.