S T A T E O F N E W Y O R K
________________________________________________________________________
1294--A
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. GRIFFO, BALL, DeFRANCISCO, GRISANTI, MARCHIONE,
MARTINS, O'MARA, RITCHIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government -- recom-
mitted to the Committee on Local Government in accordance with Senate
Rule 6, sec. 8 -- 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 amend the executive law, in
relation to the mandate relief 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 S 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05844-02-4
S. 1294--A 2
1 (II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
2 THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO
3 PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH MUNICIPAL
4 CORPORATION; OR
5 (III) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX
6 EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION
7 OR ABATEMENT WHICH ANY MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE,
8 THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH MUNICIPAL CORPO-
9 RATION.
10 (C) "NET ADDITIONAL COST" MEANS THE INCREASED COST OR COSTS INCURRED
11 OR ANTICIPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A MUNICIPAL
12 CORPORATION IN PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING
13 THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH MUNICIPAL CORPO-
14 RATION ON ACCOUNT OF THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT
15 LIMITED TO:
16 (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
17 (II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN
18 CONNECTION WITH THE PROGRAM OR SERVICE; AND
19 (III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
20 NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
21 PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
22 2. FUNDING OF MUNICIPAL CORPORATION MANDATES. NOTWITHSTANDING ANY
23 OTHER PROVISION OF LAW TO THE CONTRARY, NO UNFUNDED MANDATE SHALL BE
24 ENACTED WHICH CREATES AN INCREASED ANNUAL NET ADDITIONAL COST TO ANY
25 MUNICIPAL CORPORATION. EACH MANDATE WHICH IMPOSES A NET ADDITIONAL COST
26 UPON A MUNICIPAL CORPORATION SHALL PROVIDE FOR COMPENSATION OR FUNDING
27 BY THE STATE OF THE FULL AMOUNT OF THE NET ADDITIONAL COST THEREOF. IN
28 THE EVENT SUCH COMPENSATION OR FUNDING IS NOT PROVIDED, THE MANDATE
29 SHALL BE VOID.
30 3. EXEMPTIONS TO THE FUNDING OF MUNICIPAL CORPORATION MANDATES
31 REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY MANDATE IF:
32 (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
33 (II) THE MANDATE IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT
34 UNDER A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN
35 MANDATORY;
36 (III) THE MANDATE RESULTS FROM THE ENACTMENT OF LEGISLATION REQUESTED
37 BY THE MUNICIPAL CORPORATION IN A HOME RULE MESSAGE REQUESTING AUTHORITY
38 TO IMPLEMENT THE PROGRAM OR SERVICE SPECIFIED IN THE STATUTE, AND THE
39 STATUTE IMPOSES COSTS ONLY UPON THAT MUNICIPAL CORPORATION WHICH
40 REQUESTS THE AUTHORITY TO IMPLEMENT THE 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) EVERY STATUTE, RULE OR REGULATION ESTABLISHING A MANDATE SHALL
49 PROVIDE THAT THE EFFECTIVE DATE OF ANY SUCH MANDATE IMPOSED ON MUNICIPAL
50 CORPORATIONS SHALL BE CONSISTENT WITH THE NEEDS OF THE STATE AND MUNICI-
51 PAL CORPORATIONS TO PLAN IMPLEMENTATION THEREOF AND BE CONSISTENT WITH
52 THE AVAILABILITY OF REQUIRED FUNDS.
53 S 2. The education law is amended by adding a new section 1527-a to
54 read as follows:
S. 1294--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 ESTABLISHES A NEW PROGRAM
6 OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
7 SCHOOL DISTRICT IS REQUIRED TO PROVIDE; OR
8 (II) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX
9 EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION
10 OR ABATEMENT WHICH A SCHOOL DISTRICT IS REQUIRED TO PROVIDE.
11 (B) "UNFUNDED MANDATE" SHALL MEAN:
12 (I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW PROGRAM
13 OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
14 SCHOOL DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET ADDI-
15 TIONAL COST TO SUCH SCHOOL DISTRICT;
16 (II) ANY ALTERATION IN FUNDING PROVIDED TO A SCHOOL DISTRICT FOR THE
17 PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO
18 PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL
19 DISTRICT; OR
20 (III) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX
21 EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION
22 OR ABATEMENT WHICH A SCHOOL DISTRICT IS REQUIRED TO PROVIDE, THEREBY
23 RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL DISTRICT.
24 (C) "NET ADDITIONAL COST" MEANS THE INCREASED COST OR COSTS INCURRED
25 OR ANTICIPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL
26 DISTRICT IN PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING
27 THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH SCHOOL DISTRICT ON
28 ACCOUNT OF THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED
29 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 TO THE CONTRARY, NO UNFUNDED MANDATE SHALL BE ENACTED
38 WHICH CREATES A NET ADDITIONAL COST TO ANY SCHOOL DISTRICT. EACH
39 MANDATE WHICH IMPOSES A NET ADDITIONAL COST UPON A SCHOOL DISTRICT SHALL
40 PROVIDE FOR COMPENSATION OR FUNDING BY THE STATE OF THE FULL AMOUNT OF
41 THE NET ADDITIONAL COSTS THEREOF. IN THE EVENT SUCH COMPENSATION OR
42 FUNDING IS NOT PROVIDED, THE MANDATE SHALL BE VOID.
43 3. EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT.
44 (A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY MANDATE FOR SCHOOL
45 DISTRICTS IF:
46 (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
47 (II) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT
48 UNDER A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN
49 MANDATORY;
50 (III) THE MANDATE RESULTS FROM THE ENACTMENT OF LEGISLATION REQUESTED
51 BY THE SCHOOL DISTRICT IN A HOME RULE MESSAGE REQUESTING AUTHORITY TO
52 IMPLEMENT THE PROGRAM OR SERVICE SPECIFIED IN THE STATUTE, AND THE STAT-
53 UTE IMPOSES COSTS ONLY UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE
54 AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE;
55 (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
56 THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
S. 1294--A 4
1 (V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
2 MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
3 FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
4 EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
5 FEDERAL GOVERNMENT.
6 (B) EVERY STATUTE, RULE OR REGULATION ESTABLISHING A MANDATE SHALL
7 PROVIDE THAT THE EFFECTIVE DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL
8 DISTRICTS SHALL BE CONSISTENT WITH THE NEEDS OF THE STATE AND SCHOOL
9 DISTRICTS TO PLAN IMPLEMENTATION THEREOF, AND BE CONSISTENT WITH THE
10 AVAILABILITY OF REQUIRED FUNDS.
11 S 3. Paragraph b of subdivision 2 and subdivision 7 of section 666 of
12 the executive law, as amended by section 1 of part B of chapter 68 of
13 the laws of 2013, are amended to read as follows:
14 b. The council shall meet regularly upon the call of its chair and as
15 frequently as its business may require; PROVIDED THAT THE CHAIR SHALL
16 CALL A MEETING OF THE COUNCILS AT LEAST ONCE EACH CALENDAR YEAR. The
17 members of the council shall serve without compensation but shall
18 receive reimbursement for their reasonable and necessary expenses.
19 7. Reports. The council shall [by] ANNUALLY, ON OR BEFORE December
20 fifteenth [of each year], SUBMIT A report, to the governor [and legisla-
21 ture regarding], TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE
22 ASSEMBLY, MINORITY LEADER OF THE SENATE, MINORITY LEADER OF THE ASSEM-
23 BLY, CHAIR OF THE SENATE FINANCE COMMITTEE, AND CHAIR OF THE ASSEMBLY
24 WAYS AND MEANS COMMITTEE, ON its activities, and [regarding] the issues,
25 statutes, regulations, rules and orders which it HAS reviewed, examined,
26 proposed, referred[,] and/or considered, AND SPECIFY THE ACTIONS THE
27 COUNCIL HAS TAKEN THEREON. Such reports, which shall be adopted upon a
28 majority vote of the members of the council, or their designees in the
29 case of the director of the division of the budget or the secretary of
30 state. All reports of the council shall be posted on a publicly accessi-
31 ble website.
32 S 4. This act shall take effect immediately and sections one and two
33 of this act shall apply to mandates enacted on or after such effective
34 date; and provided, further, that the amendments to section 666 of the
35 executive law, made by section three of this act, shall not affect the
36 expiration and repeal of such section, and shall expire and be deemed
37 repealed therewith.