S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4861--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by  M.  of A. BRINDISI, GUNTHER, FRIEND, PALMESANO, ROBERTS,
  SANTABARBARA,  DIPIETRO,  LUPARDO,  SCHIMMINGER,  GRAF,  LUPINACCI  --
  Multi-Sponsored  by  --  M. of A. BARCLAY, DUPREY, KATZ, LALOR, MAGEE,
  McDONALD, McKEVITT, McLAUGHLIN, MONTESANO, NOJAY, RAIA, STEC  --  read
  once and referred to the Committee on Local Governments -- recommitted
  to the Committee on Local Governments in accordance with Assembly Rule
  3,  sec. 2 -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05844-03-4

              

A. 4861--A                          2

MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE, AND WHICH RESULTS IN A NET
ADDITIONAL COST TO SUCH MUNICIPAL CORPORATION;
  (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:

A. 4861--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

A. 4861--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.