Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, New York State's municipalities and school
districts are encumbered with unfunded and underfunded mandates from state
government;
WHEREAS, New York State's municipalities and school
districts should administer services in the most efficient and effective manner
possible so as to minimize the impact on local property taxpayers;
WHEREAS, property tax levies in New York grew by 73 percent
from 1998 to 2008-- more than twice the rate of inflation during that
period;
WHEREAS, New York has the second highest combined state and
local taxes in the nation and the highest local taxes in America as a
percentage of personal income --79 percent above the national average;
WHEREAS, the median property taxes paid by New Yorkers are
96 percent above the national median;
WHEREAS, when measured in absolute dollars paid,
Westchester, Nassau and Rockland are among the five highest taxed counties in
the nation, ranking first, second and fifth, respectively;
WHEREAS, in 2009, when property taxes were measured as a
percentage of home value, nine out of the top ten counties in the nation were
all in Upstate New York;
WHEREAS, New York State government now faces unprecedented
budgetary challenges, requiring fundamental changes in the way it does
business, eliminating failed approaches and creating improved ways to serve the
public;
WHEREAS, in order to reduce the burden of local property
taxes, it is of compelling public importance that New York State conducts a
rigorous, systematic and comprehensive review of mandates imposed on local
governments, school districts and other local taxing districts, the reasons for
such mandates and the costs on local governments, school districts and other
local taxing districts that are associated with complying with such mandates;
and
WHEREAS, such a review will look for the best and most
cost- efficient and cost- effective ways to deliver mandated programs and
services and identify mandates that are ineffective, unnecessary, outdated and
duplicative;
NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State
of New York, by virtue of the authority vested in me by the Constitution and
statutes of the State of New York, do hereby order as follows:
A. Definitions
As used herein, the following terms shall have the
following meanings:
1. "State agency"
or "agency" shall mean any state agency, department, office, board, bureau,
division, committee, council or office.
2. "State officer or employee" shall have the
meaning given in Section
73 of the
Public Officers Law.
3. "Local
government" shall mean a county, city, town, village or special
district.
4. "School district"
shall mean a common, union free, central, city or central high school
district.
5. "Unfunded mandate"
shall mean (i) any legal requirement that a local government provide or
undertake any program, project or activity, or increase spending for an
existing program, project, regulation or activity on behalf of New York State;
or (ii) any legal requirement that a local government grant a new property tax
exemption or broaden the eligibility, or increase the value of an existing
property tax exemption; or (iii) any legal requirement that otherwise would
likely have the effect of raising property taxes, and which fails to provide
any funding.
6. "Underfunded
mandate" shall mean (i) any legal requirement that a local government provide
or undertake any program, project or activity, or increase spending for an
existing program, project, regulation or activity on behalf of New York State;
or (ii) any legal requirement that a local government grant a new property tax
exemption or broaden the eligibility, or increase the value of an existing
property tax exemption; or (iii) any legal requirement that otherwise would
likely have the effect of raising property taxes, and which fails to provide
sufficient funding.
B.
Mandate Relief Redesign Team
1. There is
hereby established the Mandate Relief Redesign Team ("Team") that shall provide
independent guidance for, and advice to, the Governor.
2. The Governor shall appoint up to 20 voting
members of the Team. The members of the Team shall include: state officers or
employees with relevant expertise; two members of the New York State Assembly,
one recommended by the Speaker of the Assembly and one recommended by the
Minority Leader of the Assembly; two members of the New York State Senate, one
recommended by the Temporary President of the Senate and one recommended by the
Minority Leader of the Senate; and stakeholders, including representatives of:
a. cities;
b. counties;
c. towns and villages;
d. school districts;
e. organized labor;
f. businesses; and
g. other relevant sectors.
3. Vacancies shall be filled by
the Governor, and the Governor may appoint additional voting and non-voting
members to the Team as necessary. Members of the Team shall serve at the
pleasure of the Governor.
4. The
Governor shall designate a Chair or Co-Chairs from among the members of the
Team.
5. The Lieutenant Governor
and the Director of the Budget shall serve as ex officio, non-voting members of
the Team.
6. A majority of the
total members of the Team who have been appointed shall constitute a quorum,
and all recommendations of the Team shall require approval of a majority of its
total members.
7. The Team shall
attempt to engage and solicit the input of a broad and diverse range of groups,
organizations and individuals.
C. Cooperation with the Team
1. Every agency or authority of New York
State shall provide to the Team every assistance and cooperation, including use
of New York State facilities, which may be necessary or desirable for the
accomplishment of the duties or purposes of this Executive Order.
2. Staff support necessary for the conduct of
the Team's work may be furnished by agencies and authorities (subject to the
approval of the boards of directors of such authorities).
D. Duties and Purpose
1. The Team shall focus on the New York
State's service delivery structure that requires school districts, local
governments and other local taxing districts to administer and fund mandated
programs. The Team shall look for ways to reduce the costs of mandated programs
on schools and local governments by determining how school districts and local
governments may be given greater ability to control costs. The Team shall look
at the reason for delays in state reimbursement for mandated programs. The Team
shall look at the practice of cost-shifting of mandated programs.
2. In performing its work, the Team shall
identify opportunities for eliminating or reducing unfunded and underfunded
mandates imposed by the New York State government on local governments and
school districts.
3. The Team shall
commence its work no later than January 7, 2011. On or before March 1, 2011,
the Team shall submit its first report to the Governor of its findings and
recommendations for consideration in the budget process for New York State
Fiscal Year 2011-12. The Team shall submit quarterly reports on its continuing
review thereafter. The Team shall make its final recommendations to the
Governor not later than the end of the State Fiscal Year 2011-12, at which time
it shall terminate its work and be relieved of all responsibilities and duties
hereunder.
Signed: Andrew M. CuomoDated: January 5,
2011