Bill Text: NY S05042 | 2013-2014 | General Assembly | Amended


Bill Title: Relates to requiring the state to fund certain programs mandated for municipal corporations and school districts.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO LOCAL GOVERNMENT [S05042 Detail]

Download: New_York-2013-S05042-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5042--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      May 7, 2013
                                      ___________
       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be committed  to  the  Committee  on  Local  Government  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       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    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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03729-03-3
       S. 5042--A                          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    S 3. The education law is amended by adding a new  section  1527-a  to
   56  read as follows:
       S. 5042--A                          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.
   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 OR
       S. 5042--A                          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    S  4.  The  education  law is amended by adding a new section 308-a to
    8  read as follows:
    9    S 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    S 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, 2014 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, 2015.
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