assembly Bill A2338A

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to local governments
Feb 11, 2015 print number 2338a
Feb 11, 2015 amend (t) and recommit to local governments
Jan 16, 2015 referred to local governments

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A2338 - Details

See Senate Version of this Bill:
S2295
Law Section:
General Municipal Law
Laws Affected:
Add §25, Gen Muni L; add §1527-a, Ed L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4861, S1294
2017-2018: A2922, S2323
2019-2020: S2017

A2338 - 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.

A2338 - Bill Text download pdf

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

                                  2338

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03453-01-5

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A2338A (ACTIVE) - Details

See Senate Version of this Bill:
S2295
Law Section:
General Municipal Law
Laws Affected:
Add §25, Gen Muni L; add §1527-a, Ed L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4861, S1294
2017-2018: A2922, S2323
2019-2020: S2017

A2338A (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.

A2338A (ACTIVE) - Bill Text download pdf

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

                                 2338--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M.  of A. BRINDISI, GUNTHER, FRIEND, PALMESANO, ROBERTS,
  SANTABARBARA, DiPIETRO, LUPARDO, SCHIMMINGER, GRAF, LUPINACCI, SKARTA-
  DOS, SKOUFIS, MURRAY --  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 -- 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

  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03453-04-5