senate Bill S3211

Restricts the imposition of unfunded mandates on local governments

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 11 / Feb / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A1592
Versions:
S3211
Legislative Cycle:
2011-2012
Current Committee:
Senate Investigations And Government Operations
Law Section:
Legislative Law
Laws Affected:
Add ยง51-a, Leg L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A5789, A5789
2007-2008: A2508, A2508

Sponsor Memo

BILL NUMBER:S3211

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.

EFFECTIVE DATE;

This act shall take effect on the 1st of January next
succeeding the date on which it shall become a law.

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

                                  3211

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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; AND

S. 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.

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