senate Bill S1294

Amended

Requires any state mandated program imposed on municipalities and school districts to be funded by the state

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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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actions

  • 09 / Jan / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 22 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 04 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1027
  • 10 / Jun / 2013
    • PASSED SENATE
  • 10 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2013
    • REFERRED TO LOCAL GOVERNMENTS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 27 / Jan / 2014
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 27 / Jan / 2014
    • PRINT NUMBER 1294A
  • 20 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

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; expands the reporting requirements of the mandate relief council.

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Bill Details

See Assembly Version of this Bill:
A4861
Versions:
S1294
S1294A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
General Municipal Law
Laws Affected:
Add §25, Gen Muni L; add §1527-a, Ed L; amd §666, Exec L

Sponsor Memo

BILL NUMBER:S1294

TITLE OF BILL: An act to amend the general municipal law and the
education law, in relation to prohibiting the establishment of certain
programs mandated for municipal corporations and school districts
unless such programs are fully funded by the state; and to amend the
executive law, in relation to the mandate relief council

PURPOSE: Requires any state mandated program imposed on municipalities
and school districts to be funded by the state.

SUMMARY OF PROVISIONS:

Section 1. The general municipal law is amended by adding a new
section 25 which specifically defines "mandate", "unfunded mandate",
and "net additional cost" in relation to state funding of school
programs.

Section 2. The education law is amended by adding a new section 1527-a
which states that no unfunded mandate shall be enacted which creates a
net additional cost to any school district. In addition, this section
explains the circumstances under which the state would not be required
to fund any mandate for a school district, such as a mandate required
by a court order or legislation requested by the school district.

Section 3. Paragraph b of subdivision 2 and subdivision 7 of section
666 of the executive law, as added by section 2 of subpart H of part C
of chapter 97 of the laws of 2011 are amended to provide that the
chair shall call a meeting of the councils at least once each calendar
year and submit an annual report describing the actions the council
has taken.

Section 4. Sets forth the effective date.

JUSTIFICATION: State mandated programs place local taxpayers and
local officials in the position of paying for services that they do
not control. State mandated programs allow the state rather than local
officials to set priorities for the locality. In turn, this forces
municipalities to levy more taxes on its residents in order to pay for
these state mandated programs.

This bill requires programs that originate from the state to be paid
for by the state and not have the burden to find funding fall upon
local municipalities. This bill seeks to protect local municipalities
and school districts from unfunded mandates and allow local officials
to set priorities for their own area.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately. Sections one
and two of this act shall apply to mandates enacted on or after such
effective date; and provided, further, that the amendments to section
666 of the executive law, made by section three of this act, shall not


affect the expiration and repeal of such section, and shall expire and
be deemed repealed therewith.

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

                                  1294

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law  and  the  education  law,  in
  relation to prohibiting the establishment of certain programs mandated
  for  municipal  corporations and school districts unless such programs
  are fully funded by the state; and to  amend  the  executive  law,  in
  relation to the mandate relief council

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

  Section 1.   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 ESTABLISHES 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 PROVISION OF GENERAL LAW WHICH  GRANTS  A  NEW  PROPERTY  TAX
EXEMPTION  OR  ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION
OR ABATEMENT WHICH A MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES 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 SUCH 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 SUCH MUNICIPAL
CORPORATION; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05844-01-3

S. 1294                             2

  (III) ANY PROVISION OF GENERAL LAW WHICH GRANTS  A  NEW  PROPERTY  TAX
EXEMPTION  OR  ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION
OR ABATEMENT WHICH ANY MUNICIPAL CORPORATION  IS  REQUIRED  TO  PROVIDE,
THEREBY  RESULTING  IN  A  NET  ADDITIONAL COST TO SUCH MUNICIPAL CORPO-
RATION.
  (C)  "NET  ADDITIONAL COST" MEANS THE INCREASED COST OR COSTS INCURRED
OR ANTICIPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD  BY  A  MUNICIPAL
CORPORATION  IN  PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING
THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH  MUNICIPAL  CORPO-
RATION  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 TO THE CONTRARY, NO  UNFUNDED  MANDATE  SHALL  BE
ENACTED  WHICH  CREATES  AN  INCREASED ANNUAL NET ADDITIONAL COST TO ANY
MUNICIPAL CORPORATION.  EACH MANDATE WHICH IMPOSES A NET ADDITIONAL COST
UPON A MUNICIPAL CORPORATION SHALL PROVIDE FOR COMPENSATION  OR  FUNDING
BY  THE  STATE OF THE FULL AMOUNT OF THE NET ADDITIONAL COST THEREOF. IN
THE EVENT SUCH COMPENSATION OR FUNDING  IS  NOT  PROVIDED,  THE  MANDATE
SHALL BE VOID.
  3.  EXEMPTIONS  TO  THE  FUNDING  OF  MUNICIPAL  CORPORATION  MANDATES
REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY MANDATE 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 ENACTMENT OF LEGISLATION  REQUESTED
BY THE MUNICIPAL CORPORATION IN A HOME RULE MESSAGE REQUESTING AUTHORITY
TO  IMPLEMENT  THE  PROGRAM OR SERVICE SPECIFIED IN THE STATUTE, AND THE
STATUTE  IMPOSES  COSTS  ONLY  UPON  THAT  MUNICIPAL  CORPORATION  WHICH
REQUESTS THE AUTHORITY TO IMPLEMENT 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)  EVERY  STATUTE,  RULE  OR REGULATION 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 MUNICI-
PAL CORPORATIONS TO PLAN IMPLEMENTATION THEREOF AND BE  CONSISTENT  WITH
THE AVAILABILITY OF REQUIRED FUNDS.
  S  2.  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:

S. 1294                             3

  (I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW  PROGRAM
OR  REQUIRES  A  HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
SCHOOL DISTRICT IS REQUIRED TO PROVIDE; OR
  (II)  ANY  PROVISION  OF  GENERAL  LAW WHICH GRANTS A NEW PROPERTY TAX
EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION
OR ABATEMENT WHICH A SCHOOL DISTRICT IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I)  ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW PROGRAM
OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING  PROGRAM  WHICH  A
SCHOOL  DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET ADDI-
TIONAL COST TO SUCH SCHOOL DISTRICT;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO A 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  PROVISION  OF  GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX
EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION
OR  ABATEMENT  WHICH  A  SCHOOL DISTRICT IS REQUIRED TO PROVIDE, THEREBY
RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL DISTRICT.
  (C) "NET ADDITIONAL COST" MEANS THE INCREASED COST OR  COSTS  INCURRED
OR  ANTICIPATED  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 SUCH 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 TO THE CONTRARY, NO UNFUNDED MANDATE SHALL  BE  ENACTED
WHICH  CREATES  A  NET  ADDITIONAL  COST  TO ANY SCHOOL DISTRICT.   EACH
MANDATE WHICH IMPOSES A NET ADDITIONAL COST UPON A SCHOOL DISTRICT SHALL
PROVIDE FOR COMPENSATION OR FUNDING BY THE STATE OF THE FULL  AMOUNT  OF
THE  NET  ADDITIONAL  COSTS  THEREOF.  IN THE EVENT SUCH COMPENSATION OR
FUNDING IS NOT PROVIDED, THE MANDATE SHALL BE VOID.
  3. EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES  REQUIREMENT.
(A)  THE  STATE  SHALL  NOT  BE  REQUIRED TO FUND ANY MANDATE 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 ENACTMENT OF LEGISLATION  REQUESTED
BY  THE  SCHOOL  DISTRICT IN A HOME RULE MESSAGE REQUESTING AUTHORITY TO
IMPLEMENT THE PROGRAM OR SERVICE SPECIFIED IN THE STATUTE, AND THE STAT-
UTE IMPOSES COSTS ONLY UPON THAT  SCHOOL  DISTRICT  WHICH  REQUESTS  THE
AUTHORITY TO IMPLEMENT 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

S. 1294                             4

EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY  THE
FEDERAL GOVERNMENT.
  (B)  EVERY  STATUTE,  RULE  OR REGULATION 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  BE  CONSISTENT  WITH  THE
AVAILABILITY OF REQUIRED FUNDS.
  S  3. Paragraph b of subdivision 2 and subdivision 7 of section 666 of
the executive law, as added by section 2 of subpart H of part C of chap-
ter 97 of the laws of 2011, are amended to read as follows:
  b. The council shall meet regularly upon the call of its chair and  as
frequently  as  its  business may require; PROVIDED THAT THE CHAIR SHALL
CALL A MEETING OF THE COUNCILS AT LEAST ONCE  EACH  CALENDAR  YEAR.  The
members  of  the  council  shall  serve  without  compensation but shall
receive reimbursement for their reasonable and necessary expenses.
  7. Reports. The council shall [by] ANNUALLY,  ON  OR  BEFORE  December
fifteenth [of each year], SUBMIT A report, to the governor [and legisla-
ture  regarding],  TEMPORARY  PRESIDENT  OF  THE  SENATE, SPEAKER OF THE
ASSEMBLY, MINORITY LEADER OF THE SENATE, MINORITY LEADER OF  THE  ASSEM-
BLY,  CHAIR  OF  THE SENATE FINANCE COMMITTEE, AND CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, ON its activities, and [regarding] the issues,
statutes, regulations, rules and orders which it HAS reviewed, examined,
proposed, referred[,] and/or considered, AND  SPECIFY  THE  ACTIONS  THE
COUNCIL  HAS  TAKEN THEREON. Such reports, which shall be adopted upon a
majority vote of the members of the council, or their designees  in  the
case  of  the director of the division of the budget or the secretary of
state. All reports of the council shall be posted on a publicly accessi-
ble website.
  S 4. This act shall take effect immediately and sections one  and  two
of  this  act shall apply to mandates enacted on or after such effective
date; and provided, further, that the amendments to section 666  of  the
executive  law,  made by section three of this act, shall not affect the
expiration and repeal of such section, and shall expire  and  be  deemed
repealed therewith.

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