Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 06, 2016 |
referred to local governments delivered to assembly passed senate |
May 03, 2016 |
advanced to third reading |
Apr 12, 2016 |
2nd report cal. |
Apr 11, 2016 |
1st report cal.580 |
Feb 09, 2016 |
reported and committed to finance |
Jan 06, 2016 |
referred to local government returned to senate died in assembly |
Jun 17, 2015 |
referred to local governments delivered to assembly passed senate |
May 18, 2015 |
advanced to third reading |
May 13, 2015 |
2nd report cal. |
May 12, 2015 |
1st report cal.572 |
Apr 21, 2015 |
reported and committed to finance |
Jan 22, 2015 |
referred to local government |
Senate Bill S2295
2015-2016 Legislative Session
Requires any state mandated program imposed on municipalities and school districts to be funded by the state
download bill text pdfSponsored By
(R, C) 53rd Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 6, 2016
aye (49)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Croci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hannon
- Kaminsky
- Kennedy
- Klein
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Peralta
- Persaud
- Ranzenhofer
- Ritchie
- Robach
- Savino
- Serino
- Seward
- Stewart-Cousins
- Valesky
- Venditto
- Young
nay (12)
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Floor Vote: Jun 17, 2015
aye (51)- Addabbo Jr.
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Croci
- DeFrancisco
- Diaz
- Dilan
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hannon
- Kennedy
- Klein
- LaValle
- Lanza
- Larkin
- Latimer
- Libous
- Little
- Marcellino
- Marchione
- Martins
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Ranzenhofer
- Ritchie
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serino
- Seward
- Skelos
- Stewart-Cousins
- Valesky
- Venditto
- Young
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Feb 9, 2016 - Local Government Committee Vote
S22958Aye1Nay0Aye with Reservations0Absent0Excused0AbstainedApr 21, 2015 - Local Government Committee Vote
S22958Aye1Nay0Aye with Reservations0Absent0Excused0AbstainedApr 11, 2016 - Finance Committee Vote
S229527Aye5Nay3Aye with Reservations0Absent2Excused0Abstained-
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Finance Committee Vote: Apr 11, 2016
aye (27)nay (5)aye wr (3)
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May 12, 2015 - Finance Committee Vote
S229527Aye6Nay4Aye with Reservations0Absent0Excused0Abstained -
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co-Sponsors
(R, C, IP, RFM) Senate District
(R) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C) 60th Senate District
(R, C, IP) Senate District
(D) Senate District
(R, C, IP) Senate District
(R, C) 7th Senate District
(R, C, G, IP, SC) Senate District
(R, C) 58th Senate District
(R, C, IP) 62nd Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C, IP, RFM) Senate District
(R, C, IP) Senate District
2015-S2295 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2338
- Current Committee:
- Assembly Local Governments
- 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:
S1294, A4861
2017-2018: S2323, A2922
2019-2020: S2017
2021-2022: S3814
2023-2024: S1444
2015-S2295 (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.
2015-S2295 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2295 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 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. 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: 2013 - S. 1294a Passed Senate/A. 4861 - Local Government Committee. 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.
2015-S2295 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2295 2015-2016 Regular Sessions I N S E N A T E January 22, 2015 ___________ Introduced by Sens. GRIFFO, DeFRANCISCO, FUNKE, HANNON, MARCHIONE, MARTINS, O'MARA, ORTT, RITCHIE, SERINO, SEWARD, VENDITTO -- 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 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. LBD03453-02-5
S. 2295 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. 2295 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. 2295 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. 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.
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