NY State Senate Bill 2019-S6056

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to education
May 16, 2019	referred to education

2019-S6056 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §3602-g, Ed L

2019-S6056 (ACTIVE) - Summary

Enacts the "Transparent Report on Unfunded Mandates and Programs Act" or "TRUMP Act"; provides that school districts shall identify costs of federal unfunded mandates while drafting budgets and tax levies; makes related provisions.

2019-S6056 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6056

SPONSOR: BROOKS
 
TITLE OF BILL:  An act to amend the education law, in relation to
enacting the "TRUMP Act"

 
PURPOSE:

Requires all public school districts to file expense allocation reports
with details of all financial costs of educating immigrant students in
order to provide a basis to seek federal funds to assist these students
and develop funding programs for education.

 
SUMMARY OF PROVISIONS:

Section 1. provides that this bill shall be known as the "Transparent
Report on Unfunded Mandates and Programs Act" or "TRUMP Act".

Section 2. provides the legislative findings.

Section 3. provides that school districts identify costs of federal

unfunded mandates. Section 4. is the enacting clause.

 
JUSTIFICATION:

For more than one hundred years, New York has made use of state and
local taxes (SALT) as the primary funding sources for education.
Deductions on federal tax bills provided the lynchpin for the funding
system by allowing the state to levy high taxes to benefit schools while
limiting the cost to local communities. This system was ended abruptly
in 2017 by the Tax Cuts and Jobs Act, which capped SALT deductions for
families and individuals to $10,000, though the Trump administration
made carve-outs for corporations. This policy hit New York particularly
hard, with an estimated statewide price tag of $18 Billion falling
directly on citizens.

Unfunded mandates from the Federal government compound the cost of the
tax plan in the state. As an example, it is the exclusive province of
the federal government to control immigration policy and work to settle
individuals and families where they see fit, but it falls on state and
local authorities to render services to these new arrivals. New York has
received a disproportionately high number of minors and children through
federal resettlement. These individuals are entitled to receive an
education and other needed social services, but local governments and
school districts can only provide benefits commensurate to their limited
resources.

It is the position of the state of New York that it is unconstitutional
for the federal government to declare that funding their mandates
through SALT is categorically and arbitrarily subject to limitation.
This act has been created to establish a methodology for tracking all
expenses associated with the management of immigration by the federal
government. This act allows the state to identify any and all expenses
incurred upon school districts to better respond to this costly and
unfair regime.

 
FISCAL IMPLICATIONS:

To be determined.
 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6056 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6056
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to  enacting  the  "TRUMP
   Act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the  "Transparent  Report  of  Unfunded  Mandated Program Act" or "TRUMP
 Act".
   § 2. Legislative findings. The State  of  New  York  has  historically
 funded  public  education  by  means  of state and local taxes. Over the
 years residential property taxes have become the primary funding  method
 for schools statewide. For more than 100 years all taxes paid in support
 of  education  have  been  fully  deductible  in terms of both state and
 federal taxes. In 2017 the federal government  changed  that  when  they
 enacted  the  Federal  Tax Cuts and Jobs Act of 2017, which dramatically
 changed how federal taxes are determined. The new  tax  law  capped  the
 deductibility  of  all state and local taxes (SALT) at $10,000. As resi-
 dential property taxes are considered a state and local tax, the revised
 tax law had a significant impact on the residents of the  state  of  New
 York.  The  increasing  dependence on residential property taxes to fund
 public education coupled with changes  in  the  federal  tax  laws  have
 resulted in a significant number of New York residential property owners
 now paying taxes on their taxes.
   As  Congress  considered  the changes in the Federal Tax Cuts and Jobs
 Act of 2017, many in Congress stated that New York State's high property
 taxes were the result of excessive spending. They justified the  limita-
 tion  of $10,000 for deductibility with that assumption. This reading of
 the facts ignores an essential and often ignored issue: federal  misman-
 agement of immigration policy.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11200-02-9

 S. 6056                             2
 
   While  the  federal  tax  plan  severely hinders our education funding
 structure, federal  immigration  policy  increases  schools'  needs  and
 responsibilities.  A significant number of unaccompanied minors who have
 immigrated to this country have settled in New York,  and  they  deserve
 the  same  access  to a quality public education as children born in the
 United States. Due to disorganized and  negligent  policy,  minor  immi-
 grants  and  unaccompanied minors are often settled in the same communi-
 ties and schools but are deprived of the additional resources needed  to
 help  them succeed. Most of these students are behind in their education
 level, need additional classes in English, and have other learning disa-
 bilities or other social services  needs  that  result  in  higher  than
 normal educational costs.
   The  management  of  immigration  is the responsibility of the federal
 government, which has failed the immigrants that come to our  state  and
 schools.   Providing an education to these relocated minors is a mandate
 to the local communities, and one that has come without  any  help  from
 federal  sources. As a result, many communities, which already have very
 limited financial resources, have struggled to provide  the  funding  to
 educate  these  students.  As  the  State of New York utilizes state and
 local taxes to fund  public  education,  the  added  cost  from  federal
 actions and mandates falls directly upon taxpayers. The same New Yorkers
 are saddled with the new $10,000 cap on state and local tax deductibili-
 ty when they file their income taxes.
   §  3.  The  education law is amended by adding a new section 3602-g to
 read as follows:
   § 3602-G. TRANSPARENT REPORT OF UNFUNDED MANDATED PROGRAM (TRUMP).  1.
 (A) ALL PUBLIC SCHOOL DISTRICTS IN THE STATE SHALL FILE AN EXPENSE ALLO-
 CATION  REPORT  WITH  THE  DEPARTMENT PROVIDING DETAILS ON ALL FINANCIAL
 COSTS ASSOCIATED WITH THE EDUCATION OF STUDENTS WHO HAVE  LOCATED  THEM-
 SELVES  WITHIN  THE  BOUNDARIES  OF  THE SCHOOL DISTRICTS AND WHO CAN BE
 IDENTIFIED AS IMMIGRANTS TO THIS COUNTRY REGARDLESS OF THE LEGAL  STATUS
 OF  SUCH STUDENTS. SUCH REPORTS SHALL IDENTIFY ALL COSTS OF ANY SERVICES
 AND PROGRAMS PROVIDED TO SUCH STUDENTS. THE DEPARTMENT SHALL ESTABLISH A
 REPORTING SYSTEM THAT INCLUDES ALL EDUCATIONAL COSTS INCLUDING TRANSPOR-
 TATION, ADDITIONAL EDUCATION AND SUPPORT RELATED COSTS  ASSOCIATED  WITH
 THESE  STUDENTS.    THE  REPORTING  SYSTEM MAY BE BASED ON AN ALLOCATION
 SYSTEM THAT ALLOWS FOR THE USE OF PERCENTAGES  BASED  ON  STUDENT  POPU-
 LATION  FOR  GENERAL  OPERATING  COSTS  AND  STUDENT  SPECIFIC COSTS FOR
 SERVICES PROVIDED TO  INDIVIDUAL  STUDENTS.    THE  FINAL  REPORT  SHALL
 PROVIDE A TOTAL "IMMIGRATION SUPPORT COST" EXPENSE AND SHOW THE PERCENT-
 AGE  OF  TOTAL EDUCATIONAL SPENDING FOR IMMIGRATION SUPPORT TO THE TOTAL
 EDUCATIONAL COST FOR THE DISTRICT.
   (B) SUCH REPORT SHALL PROVIDE AN UNDERSTANDING OF THE EXPENSES ASSOCI-
 ATED WITH EDUCATING AND ASSISTING THESE STUDENTS. INFORMATION FROM  SUCH
 REPORTS SHALL BE USED SOLELY TO SEEK FEDERAL REFORMS IN INCOME TAX REGU-
 LATIONS, REQUEST FEDERAL FUNDS FOR EDUCATION, AND ASSIST IN THE DEVELOP-
 MENT OF FUNDING PROGRAMS FOR PUBLIC EDUCATION.
   2.  THE  DEPARTMENT  SHALL  PROVIDE TO ALL SCHOOL DISTRICTS THE REPORT
 FORMAT AND INSTRUCTIONS NO LATER THAN DECEMBER FIRST, TWO THOUSAND NINE-
 TEEN AND EACH SCHOOL DISTRICT SHALL COMPLETE  THE  REPORT  FOR  THE  TWO
 THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR BY MARCH FIRST, TWO
 THOUSAND TWENTY. THE REPORT INFORMATION WILL BE PROVIDED TO THE GOVERNOR
 AND THE ATTORNEY GENERAL FOR USE IN LEGAL ACTION ASSOCIATED WITH APPEALS
 OF  THE  FEDERAL  TAX  LAWS,  AND TO THE LEGISLATURE FOR USE IN REVISING
 SCHOOL FUNDING METHODS REFLECTIVE OF THE FINDING OF THESE REPORTS.

 S. 6056                             3
 
   3. BEGINNING WITH SCHOOL YEAR TWO THOUSAND TWENTY--TWO THOUSAND  TWEN-
 TY-ONE,  ALL  SCHOOL  DISTRICTS SHALL REPORT IN THEIR PROPOSED EDUCATION
 BUDGETS SUBMITTED FOR VOTER APPROVAL THE PROJECTED ALLOCATED COSTS ASSO-
 CIATED WITH EDUCATIONAL COSTS FOR IMMIGRATION  RELATED  STUDENTS.    FOR
 PURPOSES  OF THIS SECTION, AN "IMMIGRATION RELATED STUDENT" SHALL MEAN A
 STUDENT LOCATED IN THE SCHOOL DISTRICT WHO  HAS  COME  TO  THE  DISTRICT
 DIRECTLY OR INDIRECTLY, WHETHER LEGALLY OR ILLEGALLY, FROM ANOTHER COUN-
 TRY AND REQUIRED ASSISTANCE WITH LEARNING THE ENGLISH LANGUAGE.
   § 4. This act shall take effect immediately.

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Senate Bill S6056

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

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2019-S6056 (ACTIVE) - Details

2019-S6056 (ACTIVE) - Summary

2019-S6056 (ACTIVE) - Sponsor Memo

2019-S6056 (ACTIVE) - Bill Text download pdf

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Sponsored By

John E. Brooks

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2019-S6056 (ACTIVE) - Details

2019-S6056 (ACTIVE) - Summary

2019-S6056 (ACTIVE) - Sponsor Memo

2019-S6056 (ACTIVE) - Bill Text download pdf

Comments