S02017 Summary:

BILL NOS02017A
 
SAME ASNo Same As
 
SPONSORGRIFFO
 
COSPNSRAKSHAR, ANTONACCI, BROOKS, FUNKE, GALLIVAN, HELMING, JORDAN, O'MARA, ORTT, RANZENHOFER, RITCHIE, ROBACH, SERINO, SEWARD, TEDISCO
 
MLTSPNSR
 
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; establishes the New York state mandate review council.
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S02017 Actions:

BILL NOS02017A
 
01/18/2019REFERRED TO LOCAL GOVERNMENT
02/28/2019AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
02/28/2019PRINT NUMBER 2017A
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S02017 Committee Votes:

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S02017 Floor Votes:

There are no votes for this bill in this legislative session.
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S02017 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2017--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 18, 2019
                                       ___________
 
        Introduced  by Sens. GRIFFO, AKSHAR, ANTONACCI, BROOKS, FUNKE, GALLIVAN,
          HELMING, O'MARA, ORTT, RANZENHOFER, RITCHIE, ROBACH,  SERINO,  SEWARD,
          TEDISCO  --  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 prohibiting the establishment of certain programs mandated
          for municipal corporations and school districts unless  such  programs
          are  fully  funded  by  the state; and to establish the New York state
          mandate review council
 
          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
    20  provide, thereby resulting in a net additional cost  to  such  municipal
    21  corporation; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06965-02-9

        S. 2017--A                          2
 
     1    (iii)  any  provision  of  general law which grants a new property tax
     2  exemption or abatement or increases an existing property  tax  exemption
     3  or  abatement  which  any  municipal corporation is required to provide,
     4  thereby resulting in a net additional  cost  to  such  municipal  corpo-
     5  ration.
     6    (c)  "Net  additional cost" means the increased cost or costs incurred
     7  or anticipated to be incurred within a one year period  by  a  municipal
     8  corporation  in  performing or administering a mandate after subtracting
     9  therefrom any revenues received or receivable by such  municipal  corpo-
    10  ration  on account of the mandated program or service, including but not
    11  limited to:
    12    (i) fees charged to the recipients of the mandated program or service;
    13    (ii) state or  federal  aid  paid  specifically  or  categorically  in
    14  connection with the program or service; and
    15    (iii)  an  offsetting  savings resulting from the diminution or elimi-
    16  nation of any other program or  service  directly  attributable  to  the
    17  performance or administration of the mandated program.
    18    2.  Funding  of  municipal  corporation  mandates. Notwithstanding any
    19  other provision of law to the contrary, no  unfunded  mandate  shall  be
    20  enacted  which  creates  an  increased annual net additional cost to any
    21  municipal corporation.  Each mandate which imposes a net additional cost
    22  upon a municipal corporation shall provide for compensation  or  funding
    23  by  the  state of the full amount of the net additional cost thereof. In
    24  the event such compensation or funding  is  not  provided,  the  mandate
    25  shall be void.
    26    3.  Exemptions  to  the  funding  of  municipal  corporation  mandates
    27  requirement. (a) The state shall not be required to fund any mandate if:
    28    (i) The mandate is required by a court order or judgment;
    29    (ii) The mandate is provided at the option  of  the  local  government
    30  under  a  law,  regulation, rule or order that is permissive rather than
    31  mandatory;
    32    (iii) The mandate results from the enactment of legislation  requested
    33  by the municipal corporation in a home rule message requesting authority
    34  to  implement  the  program or service specified in the statute, and the
    35  statute  imposes  costs  only  upon  that  municipal  corporation  which
    36  requests the authority to implement the program or service;
    37    (iv) The mandate is required by, or arises from, an executive order of
    38  the governor exercising his or her emergency powers; or
    39    (v)  The mandate is required by statute or executive order that imple-
    40  ments a federal law or regulation and results from costs mandated by the
    41  federal government to be borne at the local level, unless the statute or
    42  executive order results in costs which exceed the costs mandated by  the
    43  federal government.
    44    (b)  Every  statute,  rule  or regulation establishing a mandate shall
    45  provide that the effective date of any such mandate imposed on municipal
    46  corporations shall be consistent with the needs of the state and munici-
    47  pal corporations to plan implementation thereof and be  consistent  with
    48  the availability of required funds.
    49    §  2.  The  education law is amended by adding a new section 1527-a to
    50  read as follows:
    51    § 1527-a. Funding of mandates imposed on school districts. 1.    Defi-
    52  nitions.  As  used  in  this section, the following terms shall have the
    53  following meanings unless the context shall otherwise require:
    54    (a) "Mandate" means:

        S. 2017--A                          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

        S. 2017--A                          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.  New York state mandate review council. 1. There shall be estab-
     9  lished a New York state  mandate  review  council.  Such  council  shall
    10  consist  of  fifteen  members as follows: eight members appointed by the
    11  governor; three members appointed by the state comptroller;  one  member
    12  appointed by the temporary president of the senate; one member appointed
    13  by  the  speaker  of  the assembly; one member appointed by the minority
    14  leader of the senate; and one member appointed by the minority leader of
    15  the assembly. Such members shall be  appointed  and  the  council  shall
    16  first convene no later than ninety days after this act shall have become
    17  law.
    18    2.  The  members of the council shall include: at least one current or
    19  former county executive; at least one current  or  former  county  comp-
    20  troller;  at least one current or former county legislator; at least one
    21  current or former mayor; at least  one  current  or  former  city  comp-
    22  troller;  at  least  one current or former city councilman; at least one
    23  current or former town supervisor; at least one current or former school
    24  superintendent; and at least one current or former member  of  a  school
    25  board.
    26    3.  The council shall hold at least two hearings in each of New York's
    27  regional economic development council regions. No single  county,  city,
    28  town  or village may host both hearings. Additionally, the council shall
    29  meet in the state capitol as often as  necessary  to  draft  the  report
    30  required pursuant to subdivision 5 of this section.
    31    4.  The  council  shall review all mandates in the state and compile a
    32  report outlining all mandates which have no cost on either the state  or
    33  localities,  all  mandates whose costs are covered by the state, and all
    34  mandates which counties, cities, towns and villages are required to  pay
    35  for.  The  council  shall have the authority to eliminate or suspend any
    36  mandate; provided, however that the council shall not be allowed to  add
    37  any new mandates or refine any existing mandates other than to eliminate
    38  or suspend such mandates.
    39    5.  The council shall draft a report which provides information on all
    40  mandates in the state, indicating those mandates imposed by the state on
    41  localities, the cost of each mandate, the percentage  of  each  county's
    42  budget  which accounts for state-imposed mandates, legislative recommen-
    43  dations, and any other information that the council deems relevant.
    44    6. The report required pursuant to subdivision 5 of this section shall
    45  be provided to the governor, the state comptroller, the speaker  of  the
    46  assembly,  the  temporary president of the senate, the assembly minority
    47  leader, and the senate minority leader and shall  be  published  on  the
    48  website  of  the  state  comptroller on the same day that such report is
    49  provided to such state officials.
    50    § 4. No new mandates may be imposed on localities until the report  of
    51  the  New  York state mandate review council required pursuant to section
    52  three of this act has been published.
    53    § 5. This act shall take effect immediately and sections one  and  two
    54  of  this  act shall apply to mandates enacted on or after such effective
    55  date.
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