NY State Senate Bill 2021-S3814

Senate Bill S3814

2021-2022 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 Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to local government
Jan 31, 2021	referred to local government

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2021-S3814 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §26, Gen Muni L; add §1527-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1294
2015-2016: S2295
2017-2018: S2323
2019-2020: S2017
2023-2024: S1444

2021-S3814 (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; establishes the New York state mandate review council.

2021-S3814 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3814

SPONSOR: GRIFFO
 
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; and to establish the New York state mandate
review council

 
PURPOSE:

Requires any state mandated program imposed on municipalities and school
districts to be funded by the state, and to establish a mandate review
council to review existing state mandates on local governments.

 
SUMMARY OF PROVISIONS:

Section 1. The general municipal law is amended by adding a new section
26, which specifically defines "mandate," "unfunded mandate," and "net

additional cost" in relation to state funded 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. Establishes the New York State Mandate Review Council. The
section establishes who shall be assigned to the review council and
which state government representative shall have the authority to
appoint a member to the council. The council will be tasked with holding
hearings across the state to review all state mandates and compile a
report detailing those mandates, which shall be made available for
public consumption upon its publication. Additionally, the council will
have the authority to eliminate mandates and make recommendations to the
Legislature to further reduce the burden of unfunded mandates imposed
upon localities by the state.

Section 4 details that there shall be no new mandates imposed on locali-
ties until the report of the New York State Mandate Review Council has
been completed.

Section 5 marks 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.

Additionally, by establishing a mandate review council the state will be
able to eliminate unnecessary, onerous and/or burdensome mandates,
further easing the fiscal constraints that such policies have on local
governments and taxpayers.

 
LEGISLATIVE HISTORY:

2019-20 - S. 2017a - Local Government Committee.

2017-18 - S. 2323 Passed Senate/A. 2922 - Local Government Committee.

2015-16 - S. 2295 Passed Senate/A. 2338-A - Local Government Committee.

2013-14 - S. 1294-A Passed Senate/ A. 4861 - Local Government Committee.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
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.

2021-S3814 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3814
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2021
                                ___________
 
 Introduced  by  Sens. GRIFFO, AKSHAR, BROOKS, GALLIVAN, HELMING, JORDAN,
   O'MARA, ORTT, RITCHIE, SERINO,  TEDISCO  --  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; and to establish  the  New  York  state
   mandate review 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 26 to read as follows:
   §  26.  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.
                                                            LBD03988-01-1

 S. 3814                             2
 
 PROVIDE,  THEREBY  RESULTING  IN A NET ADDITIONAL COST TO SUCH MUNICIPAL
 CORPORATION; 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  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.
   §  2.  The  education law is amended by adding a new section 1527-a to
 read as follows:
   § 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. 3814                             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. 3814                             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.
   §  3.  New York state mandate review council. 1. There shall be estab-
 lished a New York state  mandate  review  council.  Such  council  shall
 consist  of  fifteen  members as follows: eight members appointed by the
 governor; three members appointed by the state comptroller;  one  member
 appointed by the temporary president of the senate; one member appointed
 by  the  speaker  of  the assembly; one member appointed by the minority
 leader of the senate; and one member appointed by the minority leader of
 the assembly. Such members shall be  appointed  and  the  council  shall
 first convene no later than ninety days after this act shall have become
 law.
   2.  The  members of the council shall include: at least one current or
 former county executive; at least one current  or  former  county  comp-
 troller;  at least one current or former county legislator; at least one
 current or former mayor; at least  one  current  or  former  city  comp-
 troller;  at  least  one current or former city councilman; at least one
 current or former town supervisor; at least one current or former school
 superintendent; and at least one current or former member  of  a  school
 board.
   3.  The council shall hold at least two hearings in each of New York's
 regional economic development council regions. No single  county,  city,
 town  or village may host both hearings. Additionally, the council shall
 meet in the state capitol as often as  necessary  to  draft  the  report
 required pursuant to subdivision 5 of this section.
   4.  The  council  shall review all mandates in the state and compile a
 report outlining all mandates which have no cost on either the state  or
 localities,  all  mandates whose costs are covered by the state, and all
 mandates which counties, cities, towns and villages are required to  pay
 for.  The  council  shall have the authority to eliminate or suspend any
 mandate; provided, however that the council shall not be allowed to  add
 any new mandates or refine any existing mandates other than to eliminate
 or suspend such mandates.
   5.  The council shall draft a report which provides information on all
 mandates in the state, indicating those mandates imposed by the state on
 localities, the cost of each mandate, the percentage  of  each  county's
 budget  which accounts for state-imposed mandates, legislative recommen-
 dations, and any other information that the council deems relevant.
   6. The report required pursuant to subdivision 5 of this section shall
 be provided to the governor, the state comptroller, the speaker  of  the
 assembly,  the  temporary president of the senate, the assembly minority
 leader, and the senate minority leader and shall  be  published  on  the
 website  of  the  state  comptroller on the same day that such report is
 provided to such state officials.
   § 4. No new mandates may be imposed on localities until the report  of
 the  New  York state mandate review council required pursuant to section
 three of this act has been published.
   § 5. 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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