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A02922 Summary:

BILL NOA02922
 
SAME ASSAME AS S02323
 
SPONSORBrindisi
 
COSPNSRGunther, Friend, Palmesano, Santabarbara, DiPietro, Lupardo, Schimminger, Graf, Lupinacci, Skartados, Skoufis, Murray, Goodell, Jenne, Lifton, Stec, Woerner
 
MLTSPNSRBarclay, Blankenbush, Crouch, Lalor, Lawrence, Magee, McDonald, McDonough, McKevitt, McLaughlin, Montesano, Raia
 
Add 25, Gen Muni L; add 1527-a, Ed L
 
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; expands the reporting requirements of the mandate relief council.
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A02922 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2922
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        Introduced  by  M. of A. BRINDISI, GUNTHER, FRIEND, PALMESANO, SANTABAR-
          BARA, DiPIETRO,  LUPARDO,  SCHIMMINGER,  GRAF,  LUPINACCI,  SKARTADOS,
          SKOUFIS,  MURRAY, GOODELL, JENNE, LIFTON, STEC, WOERNER -- Multi-Spon-
          sored by -- M. of A.   BARCLAY, BLANKENBUSH, LALOR,  LAWRENCE,  MAGEE,
          McDONALD,  McDONOUGH,  McKEVITT,  McLAUGHLIN,  MONTESANO, RAIA -- read
          once and referred to the Committee on Local Governments
 
        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
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    The  general  municipal  law is amended by adding a new
     2  section 25 to read as follows:
     3    § 25. Funding of mandates. 1. Definitions. As used  in  this  section,
     4  the following terms shall have the following meanings unless the context
     5  shall otherwise require:
     6    (a) "Mandate" means:
     7    (i)  any state law, rule or regulation which establishes a new program
     8  or requires a higher level of service for an existing  program  which  a
     9  municipal corporation is required to provide; or
    10    (ii)  any  provision  of  general  law which grants a new property tax
    11  exemption or abatement or increases an existing property  tax  exemption
    12  or abatement which a municipal corporation is required to provide.
    13    (b) "Unfunded mandate" shall mean:
    14    (i)  any state law, rule or regulation which establishes a new program
    15  or requires a higher level of service for an existing  program  which  a
    16  municipal corporation is required to provide, and which results in a net
    17  additional cost to such municipal corporation;
    18    (ii) any alteration in funding provided to a municipal corporation for
    19  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.
                                                                   LBD01969-01-7

        A. 2922                             2
 
     1  provide, thereby resulting in a net additional cost  to  such  municipal
     2  corporation; or
     3    (iii)  any  provision  of  general law which grants a new property tax
     4  exemption or abatement or increases an existing property  tax  exemption
     5  or  abatement  which  any  municipal corporation is required to provide,
     6  thereby resulting in a net additional  cost  to  such  municipal  corpo-
     7  ration.
     8    (c)  "Net  additional cost" means the increased cost or costs incurred
     9  or anticipated to be incurred within a one year period  by  a  municipal
    10  corporation  in  performing or administering a mandate after subtracting
    11  therefrom any revenues received or receivable by such  municipal  corpo-
    12  ration  on account of the mandated program or service, including but not
    13  limited to:
    14    (i) fees charged to the recipients of the mandated program or service;
    15    (ii) state or  federal  aid  paid  specifically  or  categorically  in
    16  connection with the program or service; and
    17    (iii)  an  offsetting  savings resulting from the diminution or elimi-
    18  nation of any other program or  service  directly  attributable  to  the
    19  performance or administration of the mandated program.
    20    2.  Funding  of  municipal  corporation  mandates. Notwithstanding any
    21  other provision of law to the contrary, no  unfunded  mandate  shall  be
    22  enacted  which  creates  an  increased annual net additional cost to any
    23  municipal corporation.  Each mandate which imposes a net additional cost
    24  upon a municipal corporation shall provide for compensation  or  funding
    25  by  the  state of the full amount of the net additional cost thereof. In
    26  the event such compensation or funding  is  not  provided,  the  mandate
    27  shall be void.
    28    3.  Exemptions  to  the  funding  of  municipal  corporation  mandates
    29  requirement. (a) The state shall not be required to fund any mandate if:
    30    (i) The mandate is required by a court order or judgment;
    31    (ii) The mandate is provided at the option  of  the  local  government
    32  under  a  law,  regulation, rule or order that is permissive rather than
    33  mandatory;
    34    (iii) The mandate results from the enactment of legislation  requested
    35  by the municipal corporation in a home rule message requesting authority
    36  to  implement  the  program or service specified in the statute, and the
    37  statute  imposes  costs  only  upon  that  municipal  corporation  which
    38  requests the authority to implement the program or service;
    39    (iv) The mandate is required by, or arises from, an executive order of
    40  the governor exercising his or her emergency powers; or
    41    (v)  The mandate is required by statute or executive order that imple-
    42  ments a federal law or regulation and results from costs mandated by the
    43  federal government to be borne at the local level, unless the statute or
    44  executive order results in costs which exceed the costs mandated by  the
    45  federal government.
    46    (b)  Every  statute,  rule  or regulation establishing a mandate shall
    47  provide that the effective date of any such mandate imposed on municipal
    48  corporations shall be consistent with the needs of the state and munici-
    49  pal corporations to plan implementation thereof and be  consistent  with
    50  the availability of required funds.
    51    §  2.  The  education law is amended by adding a new section 1527-a to
    52  read as follows:
    53    § 1527-a. Funding of mandates imposed on school districts. 1.    Defi-
    54  nitions.  As  used  in  this section, the following terms shall have the
    55  following meanings unless the context shall otherwise require:
    56    (a) "Mandate" means:

        A. 2922                             3
 
     1    (i) any state law, rule or regulation which establishes a new  program
     2  or  requires  a  higher level of service for an existing program which a
     3  school district is required to provide; or
     4    (ii)  any  provision  of  general  law which grants a new property tax
     5  exemption or abatement or increases an existing property  tax  exemption
     6  or abatement which a school district is required to provide.
     7    (b) "Unfunded mandate" shall mean:
     8    (i)  any state law, rule or regulation which establishes a new program
     9  or requires a higher level of service for an existing  program  which  a
    10  school  district is required to provide and which results in a net addi-
    11  tional cost to such school district;
    12    (ii) any alteration in funding provided to a school district  for  the
    13  purpose  of  defraying  the  costs  of a program which it is required to
    14  provide, thereby resulting in a  net  additional  cost  to  such  school
    15  district; or
    16    (iii)  any  provision  of  general law which grants a new property tax
    17  exemption or abatement or increases an existing property  tax  exemption
    18  or  abatement  which  a  school district is required to provide, thereby
    19  resulting in a net additional cost to such school district.
    20    (c) "Net additional cost" means the increased cost or  costs  incurred
    21  or  anticipated  to  be  incurred  within  a one year period by a school
    22  district in performing or  administering  a  mandate  after  subtracting
    23  therefrom any revenues received or receivable by such school district on
    24  account  of  the  mandated program or service, including but not limited
    25  to:
    26    (i) fees charged to the recipients of the mandated program or service;
    27    (ii) state or  federal  aid  paid  specifically  or  categorically  in
    28  connection with the program or service; and
    29    (iii)  an  offsetting  savings resulting from the diminution or elimi-
    30  nation of any other program or  service  directly  attributable  to  the
    31  performance or administration of the mandated program.
    32    2.  Funding  of  school  district  mandates. Notwithstanding any other
    33  provision of law to the contrary, no unfunded mandate shall  be  enacted
    34  which  creates  a  net  additional  cost  to any school district.   Each
    35  mandate which imposes a net additional cost upon a school district shall
    36  provide for compensation or funding by the state of the full  amount  of
    37  the  net  additional  costs  thereof.  In the event such compensation or
    38  funding is not provided, the mandate shall be void.
    39    3. Exemptions to the funding of school district mandates  requirement.
    40  (a)  The  state  shall  not  be  required to fund any mandate for school
    41  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 enactment of legislation  requested
    47  by  the  school  district in a home rule message requesting authority to
    48  implement the program or service specified in the statute, and the stat-
    49  ute imposes costs only upon that  school  district  which  requests  the
    50  authority to implement the 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

        A. 2922                             4
 
     1  executive order results in costs which exceed the costs mandated by  the
     2  federal government.
     3    (b)  Every  statute,  rule  or regulation establishing a mandate shall
     4  provide that the effective date of any such mandate  imposed  on  school
     5  districts  shall  be  consistent  with the needs of the state and school
     6  districts to plan implementation thereof, and  be  consistent  with  the
     7  availability of required funds.
     8    §  3.  This act shall take effect immediately and sections one and two
     9  of this act shall apply to mandates enacted on or after  such  effective
    10  date.
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