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:
Section 1. The general municipal law is amended by adding a new
section 25 to read as follows:
S 25. FUNDING OF MANDATES. 1. DEFINITIONS. AS USED IN THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
SHALL OTHERWISE REQUIRE:
(A) "MANDATE" MEANS:
(I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW PROGRAM
OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE; OR
(II) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX
EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION
OR ABATEMENT WHICH A MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE.
(B) "UNFUNDED MANDATE" SHALL MEAN:
(I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW PROGRAM
OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE, AND WHICH RESULTS IN A NET
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
(II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO
PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH MUNICIPAL
CORPORATION; OR
(III) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX
EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION
OR ABATEMENT WHICH ANY MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE,
THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH MUNICIPAL CORPO-
RATION.
(C) "NET ADDITIONAL COST" MEANS THE INCREASED COST OR COSTS INCURRED
OR ANTICIPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A MUNICIPAL
CORPORATION IN PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING
THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH MUNICIPAL CORPO-
RATION ON ACCOUNT OF THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT
LIMITED TO:
(I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
(II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
(III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
2. FUNDING OF MUNICIPAL CORPORATION MANDATES. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO UNFUNDED MANDATE SHALL BE
ENACTED WHICH CREATES AN INCREASED ANNUAL NET ADDITIONAL COST TO ANY
MUNICIPAL CORPORATION. EACH MANDATE WHICH IMPOSES A NET ADDITIONAL COST
UPON A MUNICIPAL CORPORATION SHALL PROVIDE FOR COMPENSATION OR FUNDING
BY THE STATE OF THE FULL AMOUNT OF THE NET ADDITIONAL COST THEREOF. IN
THE EVENT SUCH COMPENSATION OR FUNDING IS NOT PROVIDED, THE MANDATE
SHALL BE VOID.
3. EXEMPTIONS TO THE FUNDING OF MUNICIPAL CORPORATION MANDATES
REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY MANDATE IF:
(I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
(II) THE MANDATE IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT
UNDER A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
(III) THE MANDATE RESULTS FROM THE ENACTMENT OF LEGISLATION REQUESTED
BY THE MUNICIPAL CORPORATION IN A HOME RULE MESSAGE REQUESTING AUTHORITY
TO IMPLEMENT THE PROGRAM OR SERVICE SPECIFIED IN THE STATUTE, AND THE
STATUTE IMPOSES COSTS ONLY UPON THAT MUNICIPAL CORPORATION WHICH
REQUESTS THE AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE;
(IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
(V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
(B) EVERY STATUTE, RULE OR REGULATION ESTABLISHING A MANDATE SHALL
PROVIDE THAT THE EFFECTIVE DATE OF ANY SUCH MANDATE IMPOSED ON MUNICIPAL
CORPORATIONS SHALL BE CONSISTENT WITH THE NEEDS OF THE STATE AND MUNICI-
PAL CORPORATIONS TO PLAN IMPLEMENTATION THEREOF AND BE CONSISTENT WITH
THE AVAILABILITY OF REQUIRED FUNDS.
S 2. The education law is amended by adding a new section 1527-a to
read as follows:
S. 1294--A 3
S 1527-A. FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1. DEFI-
NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
(A) "MANDATE" MEANS:
(I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW PROGRAM
OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
SCHOOL DISTRICT IS REQUIRED TO PROVIDE; OR
(II) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX
EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION
OR ABATEMENT WHICH A SCHOOL DISTRICT IS REQUIRED TO PROVIDE.
(B) "UNFUNDED MANDATE" SHALL MEAN:
(I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW PROGRAM
OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
SCHOOL DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET ADDI-
TIONAL COST TO SUCH SCHOOL DISTRICT;
(II) ANY ALTERATION IN FUNDING PROVIDED TO A SCHOOL DISTRICT FOR THE
PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO
PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL
DISTRICT; OR
(III) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX
EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION
OR ABATEMENT WHICH A SCHOOL DISTRICT IS REQUIRED TO PROVIDE, THEREBY
RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL DISTRICT.
(C) "NET ADDITIONAL COST" MEANS THE INCREASED COST OR COSTS INCURRED
OR ANTICIPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL
DISTRICT IN PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING
THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH SCHOOL DISTRICT ON
ACCOUNT OF THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED
TO:
(I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
(II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
(III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
2. FUNDING OF SCHOOL DISTRICT MANDATES. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, NO UNFUNDED MANDATE SHALL BE ENACTED
WHICH CREATES A NET ADDITIONAL COST TO ANY SCHOOL DISTRICT. EACH
MANDATE WHICH IMPOSES A NET ADDITIONAL COST UPON A SCHOOL DISTRICT SHALL
PROVIDE FOR COMPENSATION OR FUNDING BY THE STATE OF THE FULL AMOUNT OF
THE NET ADDITIONAL COSTS THEREOF. IN THE EVENT SUCH COMPENSATION OR
FUNDING IS NOT PROVIDED, THE MANDATE SHALL BE VOID.
3. EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY MANDATE FOR SCHOOL
DISTRICTS IF:
(I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
(II) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT
UNDER A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
(III) THE MANDATE RESULTS FROM THE ENACTMENT OF LEGISLATION REQUESTED
BY THE SCHOOL DISTRICT IN A HOME RULE MESSAGE REQUESTING AUTHORITY TO
IMPLEMENT THE PROGRAM OR SERVICE SPECIFIED IN THE STATUTE, AND THE STAT-
UTE IMPOSES COSTS ONLY UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE
AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE;
(IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
S. 1294--A 4
(V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
(B) EVERY STATUTE, RULE OR REGULATION ESTABLISHING A MANDATE SHALL
PROVIDE THAT THE EFFECTIVE DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL
DISTRICTS SHALL BE CONSISTENT WITH THE NEEDS OF THE STATE AND SCHOOL
DISTRICTS TO PLAN IMPLEMENTATION THEREOF, AND BE CONSISTENT WITH THE
AVAILABILITY OF REQUIRED FUNDS.
S 3. Paragraph b of subdivision 2 and subdivision 7 of section 666 of
the executive law, as amended by section 1 of part B of chapter 68 of
the laws of 2013, are amended to read as follows:
b. The council shall meet regularly upon the call of its chair and as
frequently as its business may require; PROVIDED THAT THE CHAIR SHALL
CALL A MEETING OF THE COUNCILS AT LEAST ONCE EACH CALENDAR YEAR. The
members of the council shall serve without compensation but shall
receive reimbursement for their reasonable and necessary expenses.
7. Reports. The council shall [by] ANNUALLY, ON OR BEFORE December
fifteenth [of each year], SUBMIT A report, to the governor [and legisla-
ture regarding], TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE
ASSEMBLY, MINORITY LEADER OF THE SENATE, MINORITY LEADER OF THE ASSEM-
BLY, CHAIR OF THE SENATE FINANCE COMMITTEE, AND CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, ON its activities, and [regarding] the issues,
statutes, regulations, rules and orders which it HAS reviewed, examined,
proposed, referred[,] and/or considered, AND SPECIFY THE ACTIONS THE
COUNCIL HAS TAKEN THEREON. Such reports, which shall be adopted upon a
majority vote of the members of the council, or their designees in the
case of the director of the division of the budget or the secretary of
state. All reports of the council shall be posted on a publicly accessi-
ble website.
S 4. This act shall take effect immediately and sections one and two
of this act shall apply to mandates enacted on or after such effective
date; and provided, further, that the amendments to section 666 of the
executive law, made by section three of this act, shall not affect the
expiration and repeal of such section, and shall expire and be deemed
repealed therewith.
