2011-J400
LEGISLATIVE RESOLUTION urging the Governor of the State of New York, and
His Mandate Relief and Medicaid Redesign Teams, to Comprehensively
Address a Real Property Tax Cap and Mandate Relief Reform, in order to
Provide the Taxpayers of New York State with Lasting and Meaningful Real
Property Tax Relief
WHEREAS, Real property taxes in New York State are too high; and
WHEREAS, According to Governor Andrew M. Cuomo, New York citizens,
homeowners, businesses and taxpayers are required to pay real property
taxes 96 percent above the national median; and
WHEREAS, The fact that New Yorkers pay among the highest real property
taxes in the nation is a problem that needs immediate, effective and
long lasting correction; and
WHEREAS, The burden which oppressive real property taxes place upon
our citizens, homeowners, businesses and taxpayers, is creating an
unsustainable business and living climate in New York State, and makes
it dramatically difficult for New York State and its citizens to thrive,
prosper, create jobs and succeed; and
WHEREAS, New York State desperately needs to take immediate action to
significantly reduce this real property tax burden imposed upon its
taxpayers; and
WHEREAS, The only way to realistically achieve a long term, meaningful
reduction of this oppressive real property tax burden, presently placed
upon our citizens, homeowners, businesses and taxpayers, is to establish
in state law, a comprehensive approach, which would both cap the growth
of real property taxes, and provide significant mandate relief reform
for local governments and school districts with respect to their fiscal
obligations; and
WHEREAS, It is only through a comprehensive approach, of capping the
real property tax growth, while simultaneously developing measures to
control costs and spending for both local governments and school
districts, that a permanent, and long term reduction in real property
taxes can be achieved; and
WHEREAS, Recognizing the reality that New York's real property taxes
are too high, and that immediate steps must be enacted to address this
problem, on January 28, 2011, Senate Bill 2706, Governor Andrew Cuomo's
Program Bill Number 1, was introduced for consideration by the New York
State Senate, to begin this process of developing a comprehensive
solution to provide a permanent and long term reduction in real property
taxes for New York taxpayers, through the enactment of a real property
tax cap of 2 percent; and
WHEREAS, On January 5, 2011, in further recognition of the need for a
comprehensive approach, that will encompass far more than a real proper-
ty tax cap law, and thereby allow for real property reductions to take
place in a meaningful and long term manner, Governor Andrew Cuomo,
established, pursuant to Executive Order No. 6, a Mandate Relief Rede-
sign Team, to commence the process of crafting additional elements of
this comprehensive approach; and
WHEREAS, Such Mandate Relief Redesign Team, pursuant to such executive
order, in an effort to develop such comprehensive legislative and admin-
istrative proposals for mandate relief, is directed to:
1. Focus on the New York State's service delivery structure that
requires school districts, local governments and other local taxing
districts to administer and fund mandated programs;
2. Look for ways to reduce the costs of mandated programs on schools
and local governments by determining how school districts and local
governments may be given greater ability to control costs;
3. Examine the reason for delays in state reimbursement for mandated
programs;
4. Consider the practice of cost-shifting of mandated programs;
5. Identify opportunities for eliminating or reducing unfunded and
underfunded mandates imposed by the New York State government on local
governments and school districts; and
6. Commence its work no later than January 7, 2011, and submit its
first report on or before March 1, 2011, making findings and recommenda-
tions for consideration in the budget process for New York State Fiscal
Year 2011-12, with respect to mandate relief proposals; and
WHEREAS, Also on January 5, 2011, in further recognition of the need
for a comprehensive approach, that will encompass far more than a real
property tax cap law and thereby allow for real property reductions to
take place in a meaningful and long term manner, Governor Andrew Cuomo,
also established, pursuant to Executive Order No. 5, a Medicaid Rede-
sign Team, further commence the process of crafting the other additional
elements of this comprehensive approach; and
WHEREAS, Such Medicaid Redesign Team, pursuant to such executive
order, in an effort to develop such comprehensive legislative and admin-
istrative proposals for mandate relief in the specific area of medicaid
expenditures, aid and programs, is directed to:
1. Engage Medicaid program stakeholders for the purpose of conducting
a comprehensive review of and making recommendations regarding the Medi-
caid program, which shall include specific cost saving and quality
improvement measures for redesigning the Medicaid program to meet
specific budget reductions for Medicaid spending, providing review and
recommendations which shall address matters including but not limited
to:
a. Existing programs in New York State and across the country that
have resulted in Medicaid savings and improved quality;
b. Existing programs in New York State that consume a disproportionate
share of Medicaid dollars;
c. Opportunities in the federal Patient Protection and Affordable Care
Act that can help strengthen both the fiscal and care delivery models of
New York State's Medicaid program;
d. The utilization of Medicaid services by overall volume, site of
service, and beneficiary group;
e. New models of health care delivery to improve care management for
beneficiaries with complex health conditions;
f. Existing regulations that are outdated, redundant, or hinder the
modernization of the Medicaid program;
g. Potential cooperative efforts with the federal government to
improve coverage, cost, and quality with the Medicaid program; and
h. The possible restructuring of Medicaid to achieve short-term
solutions and long term systemic changes; and
2. Notify stakeholders of the purposes of the Medicaid Redesign Team,
the opportunities for stakeholder participation and the means and sched-
ule for such participation, with meetings with stakeholders to be held
in various regions of New York State, and with the assignment to partic-
ipating stakeholders of specific working groups, consistent with their
areas of expertise and interest; and
3. Provide parameters for the submission of proposals and recommenda-
tions by stakeholders and other interested parties, and provide for the
evaluation of whether such proposals can be feasibly implemented and if
so, the savings that may be realized therefrom; and
4. Commence its work later no later than January 7, 2011, and submit
its first report on or before March 1, 2011 making findings and recom-
mendations for consideration in the budget process for New York State
Fiscal Year 2011-12, with respect to mandate relief proposals involving
Medicaid issues; and
WHEREAS, In order to further provide this comprehensive approach
necessary to provide for meaningful, long term real property tax relief,
the Governor, his redesign teams, and this Legislature, need to addi-
tionally develop solutions to address further taxpayer protections and
mandate relief measures that are necessary in order to accomplish this
long term, comprehensive approach, including measures to:
1. Empower local governments and school districts to unilaterally
control their costs and expenditures, including, but not limited to,
non-wage benefits costs of government employees;
2. Reduce, control and eliminate mandates by state government upon
local governments and school districts;
3. Empower local governments and school districts to establish indi-
vidual practices to best administrate programs performed on behalf of
state government;
4. Empower local governments and school districts to unilaterally
improve efficiencies, either by means of their own action or in cooper-
ation with other local governments and school districts;
5. Authorize local governments and school districts to address judg-
ments concerning tort actions or tax certiorari actions, or any other
contingency for which such local government or school district could not
be reasonably expected to plan;
6. Promote inter-municipal and inter-school district cooperation,
coordination, and consolidation, so as to reduce costs and expenses,
including, but not limited to contracting, purchasing and personnel
costs; and
7. Reduce, control and eliminate regulations imposed by state law upon
local governments and school districts, which negatively impact the
operations and services they provide; and
WHEREAS, This comprehensive approach of capping property taxes,
controlling governmental costs and spending, and providing significant
mandate reform relief to local governments and school districts, offers
the most effective solution to the problem that real property taxes are
too high, and provides the long term fiscal program necessary to perma-
nently reduce the real property tax burden upon all the citizens, home-
owners, businesses and taxpayers of New York State; and
WHEREAS, A real property tax cap, of the type offered in Senate Bill
2706, the Governor's Program Bill Number 1, is only a foundational and
fundamental first step, of what needs to be enacted in order to accom-
plish this comprehensive approach; and
WHEREAS, That in addition to what is contained in such proposed tax
cap legislation, Senate Bill 2706, this Legislature and the Governor
need be committed to further enacting, in the immediate near future, the
additional taxpayer protections and mandate relief measures necessary to
assure that the problem of oppressive real property taxes will be quick-
ly corrected in a comprehensive, lasting and effective manner; and
WHEREAS, It is only through the enactment of this comprehensive
approach of a real property tax cap law, together with effective mandate
reform relief measures to control costs and spending for both local
governments and school districts, that New York can realize the long
term and meaningful real property tax reductions that our state and its
taxpayers so desperately need; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
hereby urge Governor Andrew M. Cuomo, and his Mandate Relief and Medi-
caid Redesign Teams, to comprehensively address a real property tax cap
and mandate relief reform, in order to promote the development of effec-
tive legislation, which embodies this comprehensive approach; and be it
further
RESOLVED, That this Legislative Body pause further to hereby urge
Governor Andrew M. Cuomo, and his Mandate Relief and Medicaid Redesign
Teams, to comprehensively address a real property tax cap and mandate
relief reform, in order to promote the development of effective legis-
lation, that contains both a real property tax cap, and extensive and
effective mandate relief measures to control costs and spending for both
local governments and school districts; and be it further
RESOLVED, That this Legislative Body pause further to hereby urge
Governor Andrew M. Cuomo, and his Mandate Relief and Medicaid Redesign
Teams, to comprehensively address a real property tax cap and mandate
relief reform in order to promote the development of effective legis-
lation, that accordingly provides the taxpayers of New York State with
the lasting and meaningful real property tax relief that our state, its
taxpayers, and our economy so desperately need; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to the Honorable Andrew M. Cuomo, Governor of the State of New
York, and the members of his Mandate Relief and Medicaid Redesign Teams.