Relates to school district and local government tax levies and exemptions, and to the imposition of a sales and compensating use tax; mandate relief; repealer

waivers from certain non-statutory regulations; to amend the general municipal law, the education law and the retirement and social security law, in relation to establishing an optional retirement program for employees of municipalities, local governments and schools; to amend the education law, in relation to certain regional transportation services; to amend the education law, in relation to the evaluation of certain students who have individualized education programs; to amend the education law, in relation to the transportation of students based upon patterns of actual ridership; to amend the education law, in relation to authorizing boards of cooperative educational services to engage in collective bargaining with employee organizations representing teachers and other employees of component school districts; to require school districts to conform with all federal laws and regulations relating to special education programs and services to students with disabilities; to amend the executive law, in relation to modernizing code enforcement training programs; to amend the insurance law, in relation to excepting from community rating requirements group health insurance policies issued to multiple employer trusts consisting of municipal corporations and public benefit corporations; to amend the general municipal law, in relation to advertising for bids; to amend the education law, in relation to health care premium contribution; to amend the highway law, in relation to services and reimbursement; to amend the labor law, in relation to prevailing wages; to amend the general municipal law and the civil service law, in relation to real property tax relief and local government mandate reform; to amend the labor law, in relation to requiring employers to provide safety ropes and system components to firefighters; and to repeal certain provisions of the penal law relating to the storage and destruction of goods and articles relating to the offenses of trademark counterfeiting and unauthorized recordings (Part C); and to amend the general municipal law, in relation to contracts for public work projects; to amend the insurance law, in relation to authorizing the state, public corporations and public authorities to provide wrap-up insurance programs and surety bonds for their public building and construction projects; to amend the New York city charter, in relation to the publication of the City Record; to amend the general municipal law, in relation to acquisition and use of credit cards by local governments;

to amend the local finance law, in relation to credit card agreements by municipalities and school districts; to amend the municipal home rule law, in relation to filing and publication of local laws; to repeal subdivision 5 of section 27 of the municipal home rule law relating thereto; to amend the general municipal law, in relation to the validity of police officer and peace officer training certificates; to amend the correction law and the criminal procedure law, in relation to permitting sex offenders to make electronic appearances in lieu of a personal appearance in certain circumstances; to amend the correction law, in relation to the placement of inmates; to amend the general municipal law, in relation to apportioning the expenses of police department members in attending police training schools; to repeal section 207-m of the general municipal law relating to salary increases for heads of police departments of municipalities, districts or authorities; to amend the criminal procedure law, in relation to the storage and destruction of goods and articles relating to the offenses of trademark counterfeiting and unauthorized recordings; to amend the county law, in relation to residence of assistant district attorneys and to repeal subdivision 6 of section 702 of the county law relating thereto; to amend the criminal procedure law, in relation to the prosecution of the offense of identity theft; to amend the family court act, in relation to inter-county probation; to amend the general municipal law and the public housing law, in relation to filing requirements for municipalities regarding urban renewal plans and creation of urban renewal agencies and authorities; to amend the social services law, in relation to a wage reporting system; to amend the social services law and the eligibility for child care assistance; to amend the state finance law, in relation to the quality child care and protection fund; to amend the tax law, in relation to utilization of wage information for determining eligibility for child care assistance; to amend the family court act, in relation to court ordered investigations; to amend the family court act and the social services law, in relation to testimony and attendance by telephone, audio-visual means, or other electronic means; to amend the social services law, in relation to the length of licenses to board children, training of child protective service caseworkers and non-residential services for victims of domestic violence; to repeal subdivision 5 of section 423 of the social services law relating to the responsibilities of child protective services; to amend the education law, in relation

to census reporting; to amend the education law, in relation to funding of certain capital projects and auditing of claims; to amend the education law, in relation to children with disabilities; and to repeal certain provisions of the education law relating thereto (Part D); to amend the general municipal law, in relation to the municipal redevelopment law authorizing tax increment bonds payable from and secured by real property taxes levied by a school district within a project area (Part E); to amend the real property tax law, in relation to establishing a residential-commercial exemption program (Part F); to amend the tax law, in relation to authorizing certain counties, cities and school districts to impose up to a three percent rate of sales and compensating use taxes pursuant to the authority of article 29 of such law and to preserve the authority of certain counties and a city to impose such taxes at rates in excess of three percent; and to repeal certain provisions of such law relating thereto (Part G); to amend the real property tax law, in relation to tax exemption for new multiple dwellings (Subpart A); to amend the real property tax law, in relation to eliminating the expiration of exemptions of new multiple dwellings from local taxation; to amend chapter 576 of the laws of 1974 amending the emergency housing rent control law relating to the control of and stabilization of rent in certain cases, chapter 329 of the laws of 1963 amending the emergency housing rent control law relating to recontrol of rents in Albany, chapter 555 of the laws of 1982 amending the general business law and the administrative code of the city of New York relating to conversion of residential property to cooperative or condominium ownership in the city of New York, chapter 402 of the laws of 1983 amending the general business law relating to conversions of rental residential property to cooperative or condominium ownership in certain municipalities in the counties of Nassau, Westchester and Rockland, in relation to making the provisions thereof permanent; and to repeal certain provisions of the emergency housing rent control law and the rent regulation reform act of 1997 relating to the expiration of such provisions, to amend the public housing law, in relation to succession; to amend the administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to rent increases for substantial modifications or improvements, in relation to limiting rent increase after vacancy of a housing accommodation, and lease terms; and to amend the emergency tenant protection act of nineteen seventy-four, the emergency housing rent control law and the administrative code of the city of New York, in relation to the deregulation of rents

(Subpart B); and to amend the administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to determining primary residency of rent regulated housing accommodations (Subpart C)(Part H)

Purpose or General Idea of Bill:

This Act enacts into law major components of legislation necessary to effectuate mandate relief to localities throughout New York State. Property taxes in New York State are too high, and the burden they place upon our citizens, homeowners and businesses, is making it difficult for New York State to thrive and promote growth. The only way to realistically reduce the real property tax burden is to establish a meaningful and comprehensive approach which controls costs and spending for localities and increases efficiencies for programs which benefit all New Yorkers.

Summary of Specific Provisions:

Part A: Property Tax Cap - Limits tax levy growth to the lesser of 2 percent or the annual increase in the consumer price index (CPI). This is a tax levy cap. It would shift the focus of school districts, local governments and voters from total spending, to the actual property taxes levied to support school district and local government expenses. There are limited exemptions for physical\quantity growth, unusually high pension growth and unusually large tort judgments.

Part B

Section 1: Mandate Relief Council: Article 19-C of the GML

Part C

Section 1: Ban on Unfunded Mandates: Section 25 GML

Section 4: Require Fiscals on unfunded regulatory mandates

Section 2 and 3, Require fiscal notes on all bills with a mandate upon local governments and school districts

Section 5; Allows electronic notice when individuals provide authorization: authorize governing agencies to send notices, bills and other communications by electronic means to any person who has authorized it to do so

Section 6: removes ability of Department of State to require certain reporting related to the administration and enforcement of the New York state uniform fire prevention and building code and the New York state energy conservation construction code

Section 7: Intentionally Omitted

Section 8: Removes restriction on localities related to their ability to make purchases through the county of certain Public Works and Building Service Contracts

Section 9: permit a local government, including school districts to directly purchase from certain federal contracts and schedules (Schedule 70)

Section 10: Permit a local governments to directly purchase from Federal General Services Administration Supply Contracts

Section 11: Removes restriction on localities related to their ability to make purchases through the county of certain Public Works and Building Service Contracts

Section 12: enhance OGS' ability to do centralized contracts for local governments, including school districts to make aggregate purchases for electricity off of centralized contracts

Section 13: authorize a local government, including school districts, to directly purchase from a competitively bid contract established by another state or political subdivision when certain facts are certified

Section 14: Authorizing NYC to purchase "Wrap Up" insurance

Section 15: Ban unfunded mandates to School Districts

Section 16: Allow school districts to create professional development and mentoring plans once every three years, rather than annually

Section 17: Allow the certain positions to administer more than one school district

Section 18: Amend section 2554(6) of the Education Law to allow NY C DOE to execute a lease on the same day as the resolution and still be reimbursed from the State

Section 19: Amend General Municipal Law to provide a uniform 12 year validity on all police and peace officer basic training certificates of completion

Section 20: Allow locality to recover restitution from a party in violation of trademark provisions in relation to storage of contraband goods

Section 21: Defines Representative Sample (Trademark)

Section 22: Authority to destroy contraband goods to the representative sample level

Section 23: Authority to destroy contraband goods to the representative sample level

Section 24: Hearing Procedure (Trademark)

Section 25: Hearing Procedure (Trademark)

Section 26: Hearing Procedure (Trademark)

Section 27: promote primary and urgent care to reduce non-necessary ER visits by Medicaid recipients. ($50 co-pay in certain situations)

Section 28: Co-pays defined for non-emergency ER Visits

Section 29-35: Promote and Incentivize Long Term Care Insurance

Section 36: Promote Health Benefit Trusts for school districts

Section 37-38: Face to Face interviews for reauthorizations

Section 39-41: Allow local social services districts discretion to provide certain Medicaid services

Section 42: Submission of Evidence at Fair Hearings: (Electronic Submission)

Section 43: Cost of Prosecution of Inmate -Patients

Section 44, 45, 46: Allow municipalities to designate maintenance standards for low volume roads

Section 47: Increase joint highway equipment purchasing between Municipalities

Section 48: For Consolidated Local Street and Highway Improvement Program (CHIPS) - Increase the existing cap of $100,000 to $250,000 on work that may be performed under force account by municipalities

Section 49, 50: Removes requirement that municipalities provide certification for Operations and Maintenance activities related to CHIPS

Section 51: Ease barriers to the creation of municipal cooperative agreements between counties, school districts, towns and villages in order to provide health insurance for their employees.

Section 52: Flexibility in municipal recordkeeping

Section 53: Amend the definition of"fiscal officer" in Article 9 to match the language in Article 8 which refers only to the Commissioner except in cities of over one million people

Section 54: Require Notification of Local Social Service Districts of Deceased Individuals in Guardianship

Section 55, 56: authorizes LOSS to make payments to providers of child care or to parent or caretaker relatives using debit cards or direct deposit

Section 57; Permit LDSSs to close a public assistance case upon the repeated failure of a parent/caretaker to comply with work requirements

Section 58; encourage counties to merge local agencies, develop innovative programs, or provide cross-county services

Section 59: permit LOSS to enter into multi-year contracts for the purchase of services; current requirements limit contract terms to 12 months

Section 60-61-62; Intentionally Omitted

Section 63, 64: Allows for regional school district collective bargaining through BOCES

Section 65: removes requirement that school district provide duplicative programs when evaluating a student's IEP against programs provided for academic intervention services

Section 66: School Bus Mandate Relief (Riders and Routes)

Section 67, 68,69; Intentionally Omitted

Section 70: Modernize Code Enforcement Training

Section 71-72; amends insurance law: Municipalities with 50 or less employees to join local government health insurance pools

Section 73-74; GML 103 Thresholds

Section 75; Intentionally Omitted

Section 76; amends Highway Law to allow DOT to enter into joint agreements with municipalities and vice versa

Section 77-78-79: Prevailing wage Calculation

Section 80-81: Ability to Pay

Section 82-83; Ropes Rules

Part D

Section 1; Removes the requirement for sealed bids for certain contracts go to the lowest responsible bidder.

Section 2: Allows the State, public corporations and public authorities to purchase surety bonds or insurance policies relating to all contracts concerning a construction contract (commonly referred to as "wrap around" insurance). State law already requires any bidder or subcontractors connected to a public project to carry assurances.

Section 3: Authorizes NYC to publish and distribute the City Record - a paper published by the NYC department of citywide administrative services Monday through Friday of each week - electronically. Publishing the city record electronically would meet any newspaper publication requirement.

Section 4,5: Authorizes local governments and school districts to use credit cards for the procurement of commodities and services and use by local officers in connection with travel expenses. Section 6, 7: Removes the requirement that a certificate, completed by local counsel which verifies particular information related to the local law, be included as a document along with the certified copy of local law itself must be filed with the clerk of the locality. Repeals requirement that the Secretary of State physically publish all local laws annually.

Section 8: Requires use of existing Pre-employment Police Basic Training Program for both prospective police recruits and peace officer candidates. Costs are borne by students, relieving the municipality. It is currently voluntary and only utilized by 8 of 22 municipal academies. Also an option for peace officers.

Section 9: Allows Sex Offender Registration Act (SORA) hearing for a court appearance to be conducted by video conference (at the court's discretion). SORA requires sentencing court to conduct due process hearing for each sex offender to determine his or her risk level.

Section 10: Allows judges to dispense with personal court appearance by defendant when video teleconference is deemed appropriate.

Section 11, 12: Allows male and female inmates to be confined together, (only) when necessary for care or treatment in facility operated infirmary, but not housed in same room. No person under 19 shall be placed or kept with prisoners 21 or older. Those 19, 20 and 21 may at the discretion of the chief admin. Officer by placed with those under 19 or persons 22 or older, but have to consider necessary factors. The Chief Administrator could apply for permission to comingle if overcrowding conditions exist.

Section 13: Allows municipalities with over 10,000 population to recover cost of police training when a member of a police department of a municipal corporation terminates employment and commences employment with any other municipal corporation or county sheriff from the new municipal employers.

Section 14: Removes statutory salary requirements for municipal chiefs of police.

Section 15: Deals with arraignment during trademark violations.

Section 16: Removes the resident requirement for an assistant district attorney.

Section 17: Changes venue requirements for identity theft crimes to allow one District Attorney to prosecute crimes that occur in multiple counties.

Section 18: Allows intrastate transfers of people sentenced to interim probation supervision (authorized by family court or probation upon request).

Section 19: Requires that a municipality or agency, file with the Commissioner of DHCR a proposed urban renewal program plan only in instances where the program is assisted by state loans, periodic subsidies or capital grants.

Section 20: Eliminates the requirement that a locality file a certificate of appointment or reappointment of members of the Municipal Urban Renewal Agency with the Commissioner of DHCR.

Section 21: Limits the requirement that an authority file a copy of their by-laws, rules and regulations and amendments, to those which supervise, manage, operate or hold any interest in at least one state project.

Section 22: Eliminates the requirement that a Mayor file a certificate of appointment for local housing authority members with the DHCR.

Section 23: Requires project filings with the DHCR on public housing projects only if State funds are involved.

Section 24: Requires a local housing authority to file by-laws or rules and amendments to by-laws and rules only if they meaningfully participate in at least one State housing project.

Section 25, 26: Authorizes the Department of Taxation and Finance to provide Local Social Services Districts (LSSDs) and the Office of Children and Family Services (OCFS) with information obtained from the wage reporting system to verify eligibility of a family for child care assistance.

Section 27: Authorizes child care assistance payments to be made by direct deposit or debit card, as elected by recipient.

Section 28: Authorizes OCFS and LSSDs to request and receive information in order to determine eligibility of a family for child care assistance, including wage reporting information.

Section 29: Expands the allowable use of Quality Child Care and Protection funds to include activities of State and LSSDs that improve the integrity of child care assistance program, including fraud prevention.

Section 30: Require the Commissioner of Taxation and Finance to maintain cooperative agreements with the Office of Temporary and Disability Assistance (OTDA) for utilization of family assistance information to assist in determining child care assistance eligibility.

Section 31: Makes the changes made in other sections of Part F related to wage reporting information sharing for child care eligibility compliant with Tax Law.

Section 32: Allows a family court judge, upon reasonable cause that child in a custody proceeding may be abused or neglected, to order child protective services to conduct an investigation and report findings to the court, Section 33: Allows a family court judge, upon reasonable cause that child in a custody proceeding may be abused or neglected, to order child protective services to conduct an investigation and report findings to the court,

Section 34: Provides additional and clarifying procedures for child protective services investigations,

Section 35: Establishes general provisions to allow for remote appearance in certain Family Court proceedings. Instances apply to parties to the proceeding, interested persons, or to witnesses. Allows upon application and approval by the court, appearance by telephonic, audio-visual, or other electronic means.

Section 36: Authorizes an interested person or witness to testify in family court by telephone, audio-visual or other electronic means in juvenile delinquency proceedings and hearings, provided that the person meets certain standards.

Section 37: Authorizes an interested person or witness to testify in family court by telephone, audio-visual or other electronic means in Persons in Need of Supervision (PINS) proceedings, provided that the person meets certain standards.

Section 38: Authorizes an interested person or witness to testify in family court by telephone, audio-visual or other electronic means in Child Protective (Abuse or Neglect) proceedings, provided that the person meets certain standards.

Section 39: Authorizes an interested person or witness to testify in family court by telephone, audio-visual or other electronic means in Permanency proceedings (whether to terminate parental rights), provided that the person meets certain standards.

Section 40: Authorizes family courts to permit incarcerated parent or guardian to attend a fact finding hearing under similar circumstances to those described in section 14 by telephone or electronically.

Section 41: Increases a boarding home's renewal period from one to two years for certificates or licenses to receive, board, or keep any child and/or minor.

Section 42: Changes the training requirements for new child protective services supervisors. Current law requires common core training be completed within three months of assuming a supervisory position. Amendment only requires training if the supervisor has never before received common core training or if it has been more than five years since the supervisor has received such training.

Section 43: Allows for continuation of 50% reimbursement from OCFS to local LSSDs if local funds are exhausted for non-residential domestic violence services as included in required reports or approved updates,

Section 44: Requires city boards of education submit a census regarding pre-k students from birth to 5 be prepared every 2 years. For cities with less than 125,000. Currently a census is done annually.

Section 45: Relates to the apportionment for capital outlays and debt service for school building purposes; eases school building aid penalties for late filing of final cost reports.

Section 46, 47, 48,50,51,52,53,54,55,56,57,58,59,60,61 (intentionally omitted).

Section 49: School district of 10,000 students or more authorized to perform claims sampling

Section 62: Increases the exemption from those districts under 300 students to those under 1000 students required to perform internal audit functions under the section,

Section 63: Intentionally Omitted

Section 64: Repeals the requirement that BOCES submit a "special education space requirements plan" to the Commissioner of Education.

Section 65: Gives district superintendent authority to determine adequacy and appropriateness of the facility space available to house special education programs in the area served by his respective BOCES.

Part E: Tax Incremental Financing - Includes a school district's real estate taxes in the allocation of taxes available to pay bonds authorized and issued under the Municipal Redevelopment Law (MRL), to expand the purposes for which proceeds of such bonds may be applied, provide

alternative Sources for payment of tax increment finance (TIF) bonds. and to clarify the process of allocation of taxes.

Part F: Tax Abatement - Allow any municipality, except New York City, to opt in through adoption of a local law, to a real property tax abatement program for residential and commercial properties. This abatement program would be offered in a designated benefit area, as identified by the local governing board, for properties that are converted, created, modernized, rehabilitated, expanded or otherwise improved. The properties would be exempt from increase in real property taxes and special ad valorem levies for twelve years.

Part G: Permanent Local Sales Tax Authorization. Permanently authorize counties, cities, and school districts to impose sales and compensating use taxes at rates up to 3% and to preserve the current authority of counties and cities to impose such taxes at rates in excess of 3%.

Part H:

Subpart A: This part amends Section 421-a of the Real Property Tax Law by extending the benefits indefinitely. It also (a) eliminates the requirement that a separate application be filed with the assessors; (b) authorizes cities with a population of one million or more to require the electronic filing of applications; and (c) changes a section reference to reflect renumbering in the New York City Zoning Resolution.

Subpart B: Permanent Rent Regulation - Eliminates the sunset on various provisions of law relating to rent regulations.

Subpart C: Voter Residency - Provides that for the purpose of determining whether a rent regulated apartment is occupied by the tenant as their primary residence, the failure to file a tax return or casting of a vote in an election district other than the one designated for that apartment shall result in a determination that the tenant does not occupy the apartment as their primary residence.

Part I: Exempt New Construction - Adds a new section 421-1 to the Real Property Tax Law to exempt newly constructed private homes containing no more than three dwelling units in cities with a population of one million or more from all local and municipal taxes, other than assessments for local improvements.

Justification: This legislation is necessary to effectuate relief to municipalities subject to unfunded state mandates. Providing mandate relief will promote the controlling of cost and spending for local governments and school districts, as well has helping to provide fiscal relief to future fiscal obligations.

Prior Legislative History:

None.

Fiscal Implications: To be determined.

Effective Date: Immediately with exceptions.