assembly Bill A4861A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2014 print number 4861a
Jan 28, 2014 amend and recommit to local governments
Jan 08, 2014 referred to local governments
Feb 11, 2013 referred to local governments

Co-Sponsors

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Multi-Sponsors

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A4861 - Details

See Senate Version of this Bill:
S1294
Law Section:
General Municipal Law
Laws Affected:
Add §25, Gen Muni L; add §1527-a, Ed L; amd §666, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2338, S2295
2017-2018: A2922, S2323
2019-2020: S2017
2021-2022: S3814
2023-2024: S1444

A4861 - 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.

A4861 - Bill Text download pdf

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

                                  4861

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
  tee on Local Governments

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

Co-Sponsors

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Multi-Sponsors

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A4861A (ACTIVE) - Details

See Senate Version of this Bill:
S1294
Law Section:
General Municipal Law
Laws Affected:
Add §25, Gen Muni L; add §1527-a, Ed L; amd §666, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2338, S2295
2017-2018: A2922, S2323
2019-2020: S2017
2021-2022: S3814
2023-2024: S1444

A4861A (ACTIVE) - 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.

A4861A (ACTIVE) - Bill Text download pdf

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

                                 4861--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by  M.  of A. BRINDISI, GUNTHER, FRIEND, PALMESANO, ROBERTS,
  SANTABARBARA,  DIPIETRO,  LUPARDO,  SCHIMMINGER,  GRAF,  LUPINACCI  --
  Multi-Sponsored  by  --  M. of A. BARCLAY, DUPREY, KATZ, LALOR, MAGEE,
  McDONALD, McKEVITT, McLAUGHLIN, MONTESANO, NOJAY, RAIA, STEC  --  read
  once and referred to the Committee on Local Governments -- recommitted
  to the Committee on Local Governments in accordance with Assembly Rule
  3,  sec. 2 -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05844-03-4