Bill Text: NY S01470 | 2009-2010 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LOCAL GOVERNMENT [S01470 Detail]
Download: New_York-2009-S01470-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1470 2009-2010 Regular Sessions I N S E N A T E February 2, 2009 ___________ Introduced by Sen. SALAND -- 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 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 S 2. The general municipal law is amended by adding a new section 25 14 to read as follows: 15 S 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 22 (II) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR 23 INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO- 24 RATION IS REQUIRED TO PROVIDE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07266-01-9 S. 1470 2 1 (B) "UNFUNDED MANDATE" SHALL MEAN: 2 (I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR 3 REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A 4 MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET 5 ADDITIONAL COST TO THE MUNICIPAL CORPORATION; 6 (II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR 7 THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO 8 PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO THE MUNICIPAL 9 CORPORATION; OR 10 (III) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR 11 INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO- 12 RATION IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL 13 COST TO THE MUNICIPAL CORPORATION. 14 (C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC- 15 IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN 16 PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING THEREFROM ANY 17 REVENUES RECEIVED OR RECEIVABLE BY THE LOCAL GOVERNMENT ON ACCOUNT OF 18 THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO: 19 (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE; 20 (II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN 21 CONNECTION WITH THE PROGRAM OR SERVICE; AND 22 (III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI- 23 NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE 24 PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM. 25 2. FUNDING OF MUNICIPAL CORPORATION MANDATES. NOTWITHSTANDING ANY 26 OTHER PROVISION OF LAW, NO UNFUNDED MANDATE SHALL BE ENACTED WHICH 27 CREATES AN ANNUAL NET ADDITIONAL COST TO ANY MUNICIPAL CORPORATION IN 28 EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL 29 COST TO ALL MUNICIPAL CORPORATIONS IN EXCESS OF ONE MILLION DOLLARS. 30 3. EXEMPTIONS TO THE FUNDING OF MUNICIPAL CORPORATION MANDATES 31 REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR 32 EXPANDED PROGRAMS IF: 33 (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT; 34 (II) THE MANDATE IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT 35 UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN 36 MANDATORY; 37 (III) THE MANDATE RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE 38 WHEREBY A LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM 39 OR SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY 40 UPON THAT LOCAL GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE 41 PROGRAM OR SERVICE; 42 (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF 43 THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR 44 (V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE- 45 MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE 46 FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR 47 EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE 48 FEDERAL GOVERNMENT. 49 (B) EACH ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE 50 DATE OF ANY SUCH MANDATE IMPOSED ON MUNICIPAL CORPORATIONS SHALL BE 51 CONSISTENT WITH THE NEEDS OF THE STATE AND MUNICIPAL CORPORATIONS TO 52 PLAN IMPLEMENTATION THEREOF AND CONSISTENT WITH THE AVAILABILITY OF 53 REQUIRED FUNDS. 54 S 3. The education law is amended by adding a new section 1527-a to 55 read as follows: S. 1470 3 1 S 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 IN EXCESS OF TEN THOU- 39 SAND DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL SCHOOL 40 DISTRICTS IN EXCESS OF ONE MILLION DOLLARS. 41 3. EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT. 42 (A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS 43 FOR SCHOOL DISTRICTS IF: 44 (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT; 45 (II) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT 46 UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN 47 MANDATORY; 48 (III) THE MANDATE RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE 49 WHEREBY A SCHOOL DISTRICT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR 50 SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY 51 UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE 52 PROGRAM OR SERVICE; 53 (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF 54 THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR 55 (V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE- 56 MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE S. 1470 4 1 FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR 2 EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE 3 FEDERAL GOVERNMENT. 4 (B) EACH ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE 5 DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL DISTRICTS SHALL BE CONSISTENT 6 WITH THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN IMPLEMENTATION 7 THEREOF, AND ALSO CONSISTENT WITH THE AVAILABILITY OF REQUIRED FUNDS. 8 S 4. This act shall take effect April 1, 2010 and shall apply to any 9 general or special law imposing mandates on municipal corporations or 10 school districts enacted on or after such effective date.