Bill Text: NY S01347 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to requiring the state to fund certain programs mandated for municipal corporations and school districts.
Spectrum: Moderate Partisan Bill (Republican 14-4)
Status: (Engrossed - Dead) 2018-02-13 - referred to local governments [S01347 Detail]
Download: New_York-2017-S01347-Introduced.html
Bill Title: Relates to requiring the state to fund certain programs mandated for municipal corporations and school districts.
Spectrum: Moderate Partisan Bill (Republican 14-4)
Status: (Engrossed - Dead) 2018-02-13 - referred to local governments [S01347 Detail]
Download: New_York-2017-S01347-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1347 2017-2018 Regular Sessions IN SENATE January 9, 2017 ___________ Introduced by Sens. FUNKE, GALLIVAN, KAMINSKY, MARCHIONE, MURPHY, O'MARA, RITCHIE, ROBACH, SERINO -- 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 requiring the state to fund certain programs mandated for municipal corporations and school districts; and to amend the educa- tion law, in relation to the effect of mandates on school districts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. State mandated programs, unlike local 2 service decisions, place local taxpayers and local officials in the 3 position of paying for services that they do not control. Increasingly, 4 however, the state has set local priorities and forced municipal taxing 5 decisions by mandating services, programs, and standards. As a result, 6 many local governments and school districts are today in an acutely 7 difficult fiscal situation. 8 Thus, in order to prevent irresponsible state actions which prevent 9 localities from making their own decisions, and which force unwanted 10 local property tax increases, it is necessary to ensure that state 11 mandates will not be forced on localities and school districts unless 12 they are adequately funded. 13 § 2. The general municipal law is amended by adding a new section 25 14 to read as follows: 15 § 25. Funding of mandates. 1. Definitions. As used in this section, 16 the following terms shall have the following meanings unless the context 17 shall otherwise require: 18 (a) "Mandate" means: 19 (i) any state law, rule, or regulation which creates a new program or 20 requires a higher level of service for an existing program which a 21 municipal corporation is required to provide; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04177-01-7S. 1347 2 1 (ii) any general law which grants a new property tax exemption or 2 increases an existing property tax exemption which the municipal corpo- 3 ration is required to provide. 4 (b) "Unfunded mandate" shall mean: 5 (i) any state law, rule, or regulation which creates a new program or 6 requires a higher level of service for an existing program which a 7 municipal corporation is required to provide and which results in a net 8 additional cost to the municipal corporation; 9 (ii) any alteration in funding provided to a municipal corporation for 10 the purpose of defraying the costs of a program which it is required to 11 provide, thereby resulting in a net additional cost to the municipal 12 corporation; or 13 (iii) any general law which grants a new property tax exemption or 14 increases an existing property tax exemption which the municipal corpo- 15 ration is required to provide, thereby resulting in a net additional 16 cost to the municipal corporation. 17 (c) "Net additional cost" means the cost or costs incurred or antic- 18 ipated to be incurred within a one year period by a local government in 19 performing or administering a mandate after subtracting therefrom any 20 revenues received or receivable by the local government on account of 21 the mandated program or service, including but not limited to: 22 (i) fees charged to the recipients of the mandated program or service; 23 (ii) state or federal aid paid specifically or categorically in 24 connection with the program or service; and 25 (iii) an offsetting savings resulting from the diminution or elimi- 26 nation of any other program or service directly attributable to the 27 performance or administration of the mandated program. 28 2. Funding of municipal corporation mandates. Notwithstanding any 29 other provision of law, no unfunded mandate shall be enacted which 30 creates an annual net additional cost to any municipal corporation. 31 3. Exemptions to the funding of municipal corporation mandates 32 requirement. (a) The state shall not be required to fund any new or 33 expanded programs if: 34 (i) The mandate is required by a court order or judgment; 35 (ii) The mandate is provided at the option of the local government 36 under a law, regulation, rule, or order that is permissive rather than 37 mandatory; 38 (iii) The mandate results from the passage of a home rule message 39 whereby a local government requests authority to implement the program 40 or service specified in the statute, and the statute imposes costs only 41 upon that local government which requests the authority to impose the 42 program or service; 43 (iv) The mandate is required by, or arises from, an executive order of 44 the governor exercising his or her emergency powers; or 45 (v) The mandate is required by statute or executive order that imple- 46 ments a federal law or regulation and results from costs mandated by the 47 federal government to be borne at the local level, unless the statute or 48 executive order results in costs which exceed the costs mandated by the 49 federal government. 50 (b) Each act establishing a mandate shall provide that the effective 51 date of any such mandate imposed on municipal corporations shall be 52 consistent with the needs of the state and municipal corporations to 53 plan implementation thereof and consistent with the availability of 54 required funds. 55 § 3. The education law is amended by adding a new section 1527-a to 56 read as follows:S. 1347 3 1 § 1527-a. Funding of mandates imposed on school districts. 1. Defi- 2 nitions. As used in this section, the following terms shall have the 3 following meanings unless the context shall otherwise require: 4 (a) "Mandate" means: 5 (i) any state law, rule, or regulation which creates a new program or 6 requires a higher level of service for an existing program which a 7 school district organized either by special laws or pursuant to the 8 provisions of a general law, is required to provide; or 9 (ii) any general law which grants a new property tax exemption or 10 increases an existing property tax exemption which any such school 11 district is required to provide. 12 (b) "Unfunded mandate" shall mean: 13 (i) any state law, rule, or regulation which creates a new program or 14 requires a higher level of service for an existing program which any 15 such school district is required to provide and which results in a net 16 additional cost to such school district; 17 (ii) any alteration in funding provided to any such school district 18 for the purpose of defraying the costs of a program which it is required 19 to provide, thereby resulting in a net additional cost to such school 20 district; or 21 (iii) any general law which grants a new property tax exemption or 22 increases an existing property tax exemption which any such school 23 district is required to provide, thereby resulting in a net additional 24 cost to such school district. 25 (c) "Net additional cost" means the cost or costs incurred or antic- 26 ipated to be incurred within a one year period by a school district in 27 performing or administering a mandate after subtracting therefrom any 28 revenues received or receivable by the school district on account of the 29 mandated program or service, including but not limited to: 30 (i) fees charged to the recipients of the mandated program or service; 31 (ii) state or federal aid paid specifically or categorically in 32 connection with the program or service; and 33 (iii) an offsetting savings resulting from the diminution or elimi- 34 nation of any other program or service directly attributable to the 35 performance or administration of the mandated program. 36 2. Funding of school district mandates. Notwithstanding any other 37 provision of law, no unfunded mandate shall be enacted which creates an 38 annual net additional cost to any school district. 39 3. Exemptions to the funding of school district mandates requirement. 40 (a) The state shall not be required to fund any new or expanded programs 41 for school districts if: 42 (i) The mandate is required by a court order or judgment; 43 (ii) The mandate is provided at the option of the school district 44 under a law, regulation, rule, or order that is permissive rather than 45 mandatory; 46 (iii) The mandate results from the passage of a home rule message 47 whereby a school district requests authority to implement the program or 48 service specified in the statute, and the statute imposes costs only 49 upon that school district which requests the authority to impose the 50 program or service; 51 (iv) The mandate is required by, or arises from, an executive order of 52 the governor exercising his or her emergency powers; or 53 (v) The mandate is required by statute or executive order that imple- 54 ments a federal law or regulation and results from costs mandated by the 55 federal government to be borne at the local level, unless the statute orS. 1347 4 1 executive order results in costs which exceed the costs mandated by the 2 federal government. 3 (b) Each act establishing a mandate shall provide that the effective 4 date of any such mandate imposed on school districts shall be consistent 5 with the needs of the state and school districts to plan implementation 6 thereof, and also consistent with the availability of required funds. 7 § 4. The education law is amended by adding a new section 308-a to 8 read as follows: 9 § 308-a. Special provisions; mandates. 1. As used in this section, 10 "mandate" means (a) any state law, rule or regulation which creates a 11 new program or requires a higher level of service for an existing 12 program which a school district, organized either by special laws or 13 pursuant to the provisions of a general law, is required to provide, or 14 (b) any general law which grants a new property tax exemption or 15 increases an existing property tax exemption which any such school 16 district is required to provide. 17 2. In the event that a mandate which imposes a cost upon a school 18 district is created after the adoption of a school budget, such mandate 19 shall not be implemented until the following year for which such school 20 budget was adopted. 21 3. Notwithstanding subdivision two of this section, such a mandate can 22 be imposed if: 23 (a) The mandate is provided at the option of the school district under 24 a law, regulation, rule or order that is permissive rather than mandato- 25 ry; 26 (b) The mandate is required by, or arises from, an executive order of 27 the governor exercising his or her emergency powers; or 28 (c) The mandate is required by statute or executive order that imple- 29 ments a federal law or regulation and results from costs mandated by the 30 federal government to be borne at the local level, unless the statute or 31 executive order imposes costs which exceed the costs mandated by the 32 federal government. 33 § 5. This act shall take effect immediately, provided that: 34 1. sections one through three of this act shall be deemed to have been 35 in full force and effect on and after April 1, 2018 and shall apply to 36 any general or special law imposing mandates on municipal corporations 37 or school districts enacted on or after such effective date; and 38 2. the commissioner of education shall adopt any regulations needed to 39 implement the provisions of this act on or before July 1, 2019.
