BILL NUMBER: S4504
SPONSOR: GRIFFO
 
TITLE OF BILL:
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
 
PURPOSE:
Requires any state mandated program imposed on municipalities and school
districts to be funded by the state, and to establish a mandate review
council to review existing state mandates on local governments.
 
SUMMARY OF PROVISIONS:
Section 1. The general municipal law is amended by adding a new section
26, which specifically defines "mandate," "unfunded mandate," and "net
additional cost" in relation to state funded of school programs.
Section 2. The education law is amended by adding a new section 1527-a.
which states that no unfunded mandate shall be enacted which creates a
net additional cost to any school district:In addition, this section
explains the circumstances under which the state would not be required
to fund any mandate for a school district, such as a mandate required by
a court order or legislation requested by the school district.
Section 3. Establishes the New York State Mandate Review Council. The
section establishes who shall be assigned to the review council and
which state government representative shall have the authority to
appoint a member to the council. The council will he tasked with holding
hearings across the state to review all state mandates and compile a
report detailing those mandates, which shall be made available for
public consumption upon its publication. Additionally, the council will
have the authority to eliminate mandates and make recommendations to the
Legislature to further reduce the burden of unfunded mandates imposed
upon localities by the state.
Section 4 details that there shall be no new mandates imposed on locali-
ties until the report of the New York State Mandate Review Council has
been completed.
Section 5 marks the effective date.
 
JUSTIFICATION:
State mandated programs place local taxpayers and local officials in the
position of paying for services that they do not control. State mandated
programs allow the state rather than local officials to set priorities
for the locality. In turn, this forces municipalities to levy more taxes
on its residents in order to pay for these state mandated programs.
This bill requires programs that originate from the state to be paid for
by the state and not have the burden to find funding fall upon local
municipalities. This bill seeks to protect local municipalities and
school districts from unfunded mandates and allow local officials to set
priorities for their own area.
Additionally, by establishing a mandate review council the state will he
able to eliminate unnecessary, onerous and/or burdensome mandates.
further easing the fiscal constraints that such policies have on local
governments and taxpayers.
 
LEGISLATIVE HISTORY:
2023-24-S.1444 - Local Government Committee
2021-22 - S. 3814 - Local Government Committee.
2019-20 - S. 2017a - Local Government Committee.
2017-18 - S. 2323 Passed Senate/A. 2922 - Local Government Committee.
2015-16 - S. 2295 Passed Senate/A. 2338-A - Local Government Committee.
2013-14 - S. 1294-A Passed Senate/ A. 4861 - Local Government Committee.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
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.