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.
STATE OF NEW YORK
________________________________________________________________________
7053
2011-2012 Regular Sessions
IN ASSEMBLY
April 11, 2011
___________
Introduced by M. of A. J. MILLER, THIELE, DUPREY, BURLING, CALHOUN,
SAYWARD, FITZPATRICK -- Multi-Sponsored by -- M. of A. AMEDORE,
BARCLAY, BUTLER, CONTE, CROUCH, FINCH, GIGLIO, HAYES, KOLB, McDONOUGH,
MOLINARO, RABBITT, RAIA, SALADINO, SPANO, TEDISCO, TOBACCO -- read
once and referred to the Committee on Education
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. 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 creates a new program or
8 requires a higher level of service for an existing program which a
9 municipal corporation is required to provide; or
10 (ii) 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.
13 (b) "Unfunded mandate" shall mean:
14 (i) any state law, rule, or regulation which creates a new program or
15 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 the 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
20 provide, thereby resulting in a net additional cost to the municipal
21 corporation; or
22 (iii) any general law which grants a new property tax exemption or
23 increases an existing property tax exemption which the municipal corpo-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08173-01-1
A. 7053 2
1 ration is required to provide, thereby resulting in a net additional
2 cost to the municipal corporation.
3 (c) "Net additional cost" means the cost or costs incurred or antic-
4 ipated to be incurred within a one year period by a local government in
5 performing or administering a mandate after subtracting therefrom any
6 revenues received or receivable by the local government on account of
7 the mandated program or service, including but not limited to:
8 (i) fees charged to the recipients of the mandated program or service;
9 (ii) state or federal aid paid specifically or categorically in
10 connection with the program or service; and
11 (iii) an offsetting savings resulting from the diminution or elimi-
12 nation of any other program or service directly attributable to the
13 performance or administration of the mandated program.
14 2. Funding of municipal corporation mandates. Notwithstanding any
15 other provision of law, no unfunded mandate shall be enacted which
16 creates an annual net additional cost to any municipal corporation in
17 excess of ten thousand dollars or an aggregate annual net additional
18 cost to all municipal corporations in excess of one million dollars.
19 3. Exemptions to the funding of municipal corporation mandates
20 requirement. (a) The state shall not be required to fund any new or
21 expanded programs if:
22 (i) The mandate is required by a court order or judgment;
23 (ii) The mandate is provided at the option of the local government
24 under a law, regulation, rule, or order that is permissive rather than
25 mandatory;
26 (iii) The mandate results from the passage of a home rule message
27 whereby a local government requests authority to implement the program
28 or service specified in the statute, and the statute imposes costs only
29 upon that local government which requests the authority to impose the
30 program or service;
31 (iv) The mandate is required by, or arises from, an executive order of
32 the governor exercising his or her emergency powers; or
33 (v) The mandate is required by statute or executive order that imple-
34 ments a federal law or regulation and results from costs mandated by the
35 federal government to be borne at the local level, unless the statute or
36 executive order results in costs which exceed the costs mandated by the
37 federal government.
38 (b) Each act establishing a mandate shall provide that the effective
39 date of any such mandate imposed on municipal corporations shall be
40 consistent with the needs of the state and municipal corporations to
41 plan implementation thereof and consistent with the availability of
42 required funds.
43 § 2. The education law is amended by adding a new section 1527-a to
44 read as follows:
45 § 1527-a. Funding of mandates imposed on school districts. 1. Defi-
46 nitions. As used in this section, the following terms shall have the
47 following meanings unless the context shall otherwise require:
48 (a) "Mandate" means:
49 (i) any state law, rule, or regulation which creates a new program or
50 requires a higher level of service for an existing program which a
51 school district organized either by special laws or pursuant to the
52 provisions of a general law, is required to provide; or
53 (ii) any general law which grants a new property tax exemption or
54 increases an existing property tax exemption which any such school
55 district is required to provide.
56 (b) "Unfunded mandate" shall mean:
A. 7053 3
1 (i) any state law, rule, or regulation which creates a new program or
2 requires a higher level of service for an existing program which any
3 such school district is required to provide and which results in a net
4 additional cost to such school district;
5 (ii) any alteration in funding provided to any such school district
6 for the purpose of defraying the costs of a program which it is required
7 to provide, thereby resulting in a net additional cost to such school
8 district; or
9 (iii) 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, thereby resulting in a net additional
12 cost to such school district.
13 (c) "Net additional cost" means the cost or costs incurred or antic-
14 ipated to be incurred within a one year period by a school district in
15 performing or administering a mandate after subtracting therefrom any
16 revenues received or receivable by the school district on account of the
17 mandated program or service, including but not limited to:
18 (i) fees charged to the recipients of the mandated program or service;
19 (ii) state or federal aid paid specifically or categorically in
20 connection with the program or service; and
21 (iii) an offsetting savings resulting from the diminution or elimi-
22 nation of any other program or service directly attributable to the
23 performance or administration of the mandated program.
24 2. Funding of school district mandates. Notwithstanding any other
25 provision of law, no unfunded mandate shall be enacted which creates an
26 annual net additional cost to any school district in excess of ten thou-
27 sand dollars or an aggregate annual net additional cost to all school
28 districts in excess of one million dollars.
29 3. Exemptions to the funding of school district mandates requirement.
30 (a) The state shall not be required to fund any new or expanded programs
31 for school districts if:
32 (i) The mandate is required by a court order or judgment;
33 (ii) The mandate is provided at the option of the school district
34 under a law, regulation, rule, or order that is permissive rather than
35 mandatory;
36 (iii) The mandate results from the passage of a home rule message
37 whereby a school district requests authority to implement the program or
38 service specified in the statute, and the statute imposes costs only
39 upon that school district which requests the authority to impose the
40 program or service;
41 (iv) The mandate is required by, or arises from, an executive order of
42 the governor exercising his or her emergency powers; or
43 (v) The mandate is required by statute or executive order that imple-
44 ments a federal law or regulation and results from costs mandated by the
45 federal government to be borne at the local level, unless the statute or
46 executive order results in costs which exceed the costs mandated by the
47 federal government.
48 (b) Each act establishing a mandate shall provide that the effective
49 date of any such mandate imposed on school districts shall be consistent
50 with the needs of the state and school districts to plan implementation
51 thereof, and also consistent with the availability of required funds.
52 § 3. This act shall take effect April 1, 2012 and shall apply to any
53 general or special law imposing mandates on municipal corporations or
54 school districts enacted on or after such effective date.
