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A04382 Summary:

BILL NOA04382A
 
SAME ASNo Same As
 
SPONSORRa
 
COSPNSRLawler, Lemondes, Byrne, Tague, Brabenec
 
MLTSPNSR
 
Add §51-a, amd §51, Leg L; add Art 24-A §666, Exec L
 
Requires a three-year moratorium on unfunded mandates from the legislature; invalidates legislation that does not contain a detailed fiscal note identifying a funding source for certain costs to a political subdivision; restores the mandate relief council.
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A04382 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4382--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2021
                                       ___________
 
        Introduced  by  M. of A. RA, LAWLER, LEMONDES, BYRNE, TAGUE, BRABENEC --
          read once and referred to the Committee on Local Governments -- recom-
          mitted to the Committee on Local Governments in accordance with Assem-
          bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to amend the legislative law and the executive law, in relation
          to unfunded mandates on local governments and school districts and the
          restoration of the mandate  relief  council;  and  providing  for  the
          repeal of certain provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The legislative law is amended by adding a new section 51-a
     2  to read as follows:
     3    § 51-a. Moratorium on unfunded mandates. 1. Definitions.  As  used  in
     4  this section, the following terms shall have the following meanings:
     5    (a)  "Local  government"  means  a county, city, town, village, school
     6  district, or special district.
     7    (b) "Net additional cost" means the cost or costs incurred  or  antic-
     8  ipated  to be incurred within a one-year period by a local government in
     9  performing or administering any  program,  project,  or  activity  after
    10  subtracting  therefrom any revenues received or receivable by such local
    11  government in relation to such program, project, or activity,  including
    12  but not limited to:
    13    (i) fees charged to the recipients of such program, project, or activ-
    14  ity;
    15    (ii)  state  or  federal  funds received for such program, project, or
    16  activity; and
    17    (iii) an offsetting savings resulting from the  diminution  or  elimi-
    18  nation  of  any  other  program,  project,  or  activity  that state law
    19  requires such local government to provide or undertake.
    20    (c) "Unfunded mandate" means:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07759-02-2

        A. 4382--A                          2
 
     1    (i) any state law that requires  a  local  government  to  provide  or
     2  undertake any new program, project or activity that results in an annual
     3  net  additional  cost  to any local government in excess of ten thousand
     4  dollars or an aggregate annual net additional cost to all local  govern-
     5  ments within the state in excess of one million dollars; or
     6    (ii) any state law that requires a local government to provide a high-
     7  er  level  of  service  or  funding  for an existing program, project or
     8  activity that results in an annual net  additional  cost  to  any  local
     9  government  in excess of ten thousand dollars or an aggregate annual net
    10  additional cost to all local governments within the state in  excess  of
    11  one million dollars; or
    12    (iii)  any state law that requires a local government to grant any new
    13  property tax exemption or that broadens the eligibility or increases the
    14  dollar amount of any existing property tax exemption, on  property  that
    15  otherwise  would  have  generated revenue under the current property tax
    16  rate of such local government in excess of ten thousand dollars  in  any
    17  local government or in excess of one million dollars statewide; or
    18    (iv) any state law with a legal requirement that would otherwise like-
    19  ly  have  the effect of raising property taxes in excess of ten thousand
    20  dollars in any local government or in  excess  of  one  million  dollars
    21  statewide.
    22    2.  Moratorium on unfunded mandates. For a three-year period beginning
    23  with the enactment of this section, notwithstanding any other  provision
    24  of law, no unfunded mandates shall be enacted.
    25    3.  Exemptions.  (a)  A  state law shall not be considered an unfunded
    26  mandate where such law:
    27    (i) is required by a court order or judgment; or
    28    (ii) is provided at the option of the local  government  under  a  law
    29  that is permissive rather than mandatory; or
    30    (iii)  results from the passage of a home rule message whereby a local
    31  government requests authority to implement the program or service speci-
    32  fied in the statute, and the statute imposes costs only upon that  local
    33  government  which  requests  the  authority  to  impose  the  program or
    34  service; or
    35    (iv) is required by statute  or  executive  order  that  implements  a
    36  federal law or regulation and results from costs mandated by the federal
    37  government  to be borne at the local level, unless the statute or execu-
    38  tive order results in costs which  exceed  the  costs  mandated  by  the
    39  federal government; or
    40    (v)  is  imposed on both government and non-government entities in the
    41  same or substantially similar circumstances; or
    42    (vi) repeals or revises a state law to ease  an  existing  requirement
    43  that  a  local  government  provide  or undertake a program, project, or
    44  activity, or reapportions the costs of activities between local  govern-
    45  ments; or
    46    (vii)  is  necessary  to protect against an immediate threat to public
    47  health or safety.
    48    (b) The effective date of any act establishing a mandate shall provide
    49  a reasonable time for the state and any local government to plan  imple-
    50  mentation  thereof  and  shall  be  consistent  with the availability of
    51  required funds.
    52    § 2. Section 51 of the legislative law, as added by chapter 985 of the
    53  laws of 1983, is amended to read as follows:
    54    § 51. Fiscal impact notes on bills affecting  political  subdivisions.
    55  1.  For  the  purpose  of this section, the term "political subdivision"

        A. 4382--A                          3
 
     1  means any county,  city,  town,  village,  special  district  or  school
     2  district.
     3    2.  [The  legislature shall by concurrent resolution of the senate and
     4  assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
     5  rate form, bills and amendments to bills, except as otherwise prescribed
     6  by such rules, which] A  bill  that  would  [substantially]  affect  the
     7  revenues  or  expenses,  or  both,  of  any  political subdivision shall
     8  contain a detailed fiscal impact note stating the estimated annual  cost
     9  to  the  political subdivision affected and the source of such estimate.
    10  The fiscal impact note must clearly identify the funding source of  such
    11  annual  cost  to  the political subdivision. An omission of such funding
    12  source in the fiscal impact note, shall invalidate such bill.
    13    3. Fiscal notes shall not, however, be required for bills: (a) subject
    14  to the provisions of section fifty of this chapter, or  (b)  accompanied
    15  by  special  home  rule requests submitted by political subdivisions, or
    16  (c) which provide discretionary authority to political subdivisions,  or
    17  (d) submitted pursuant to section twenty-four of the state finance law.
    18    4.  If the estimate or estimates contained in a fiscal impact note are
    19  inaccurate and result in an annual net additional cost to any  political
    20  subdivision in excess of ten thousand dollars or an aggregate annual net
    21  additional cost to all political subdivisions within the state in excess
    22  of  one million dollars, such inaccuracies shall [not affect, impair or]
    23  invalidate such bill.
    24    § 3. The executive law is amended by adding a new article 24-A to read
    25  as follows:
    26                                 ARTICLE 24-A
    27                           MANDATE RELIEF COUNCIL
    28    Section 666. Mandate relief council.
    29    § 666. Mandate relief council. 1. Definitions. a. "Mandate" means  any
    30  requirement  that  a local government perform or administer any program,
    31  project or activity, required or imposed by a state law or state  agency
    32  that requires a higher level of service for an existing local government
    33  program, project or activity.
    34    b.  "Local  government"  means  a  county, city, town, village, school
    35  district, or special district.
    36    c. "State agency" or "agency"  means  any  state  agency,  department,
    37  office,  board, bureau, division, committee, council or office under the
    38  direction or control of the executive.
    39    2. Mandate relief council. There is hereby created within the  depart-
    40  ment  the  mandate  relief  council,  which shall be comprised of eleven
    41  members as follows: the secretary to the governor, who shall  chair  the
    42  council,  the  counsel  to the governor, the director of the division of
    43  the budget, the secretary of state, and three additional members  to  be
    44  appointed by the governor from among his or her executive chamber staff,
    45  one member to be appointed by the temporary president of the senate, one
    46  member  to be appointed by the speaker of the assembly, one member to be
    47  appointed by the minority leader of the senate  and  one  member  to  be
    48  appointed by the minority leader of the assembly.
    49    a.  Six  members of the council, or their designees in the case of the
    50  director of the division of the budget and the secretary of state, shall
    51  constitute a quorum.
    52    b. The council shall meet regularly upon the call of its chair and  as
    53  frequently as its business may require. The members of the council shall
    54  serve  without  compensation  but  shall receive reimbursement for their
    55  reasonable and necessary expenses.

        A. 4382--A                          4
 
     1    c. The council shall, upon request of a local government or one of the
     2  members of the council, identify and review mandates that can be  elimi-
     3  nated  or  reformed,  and make such other and further inquiries, reports
     4  and recommendations as the council may deem  necessary  and  prudent  to
     5  effectuate its mission of mandate relief. In identifying and determining
     6  whether  such  mandates  are  unsound,  unduly burdensome or costly, the
     7  council shall receive and consider public comment about them  and  shall
     8  review  them  in  light  of  cost-benefit  principles and such other and
     9  further factors as the council shall deem  necessary  and  prudent.  The
    10  council  shall  not  make  a  referral to the governor that a mandate be
    11  eliminated or reformed regarding any of the following mandates:
    12    (i) those which are required to comply with federal laws or  rules  or
    13  to meet eligibility standards for federal entitlements;
    14    (ii) those which reapportion the costs of activities between boards of
    15  education, counties, and municipalities;
    16    (iii) those which implement provisions of the state constitution; and
    17    (iv)  those which the council determines are necessary for the mainte-
    18  nance of the public health or safety of the people of New York state.
    19    d. All votes of the council, and all deliberations and reports of  its
    20  proceedings shall be open to the public pursuant to article seven of the
    21  public officers law.
    22    3. Council actions on regulatory mandates. Upon a determination that a
    23  mandate  in  any  regulation, rule or order of any state agency has been
    24  imposed upon any local government in an unsound,  unduly  burdensome  or
    25  costly  manner  so  as to necessitate that it be eliminated or reformed,
    26  the council shall have the power to:
    27    a. refer a request by a local government for a review of such  regula-
    28  tory  mandate,  for  petition  by  such  local  government for a waiver,
    29  modification or repeal of such regulatory mandate  pursuant  to  section
    30  two  hundred  four-a  of  the state administrative procedure act. In the
    31  event the council votes to make such  referral  on  behalf  of  a  local
    32  government, the state agency that is charged with reviewing the petition
    33  shall  provide  the  technical  assistance  and  support  for such local
    34  government to properly prepare and submit such petition.  In  the  event
    35  that  such  state  agency reviewing the petition of the local government
    36  pursuant to section two  hundred  four-a  of  the  state  administrative
    37  procedure  act  does not provide the remedy sought by such local govern-
    38  ment, the council may hear and consider an appeal of such  decision  and
    39  grant  such  relief  as  it deems appropriate, including the making of a
    40  referral to the governor for the waiving, modifying or repealing of such
    41  regulatory mandate.   The council shall adopt  procedures  by  which  it
    42  shall  consider,  decide  and  effectuate  the  remedies of such appeals
    43  consistent with this section.
    44    b. upon a two-thirds vote, refer a  regulation  to  the  governor  for
    45  repeal or modification, where the council has previously determined that
    46  such  regulation  imposes  upon  any  local  government  a mandate in an
    47  unsound, unduly burdensome or costly manner, so as to  necessitate  that
    48  it  be  eliminated  or  reformed.   Upon receipt of such referral by the
    49  council, the governor shall within sixty days, direct the  state  agency
    50  responsible  for  the promulgation, repeal or modification of such regu-
    51  lation to effectuate such  repeal  or  modification  of  the  regulation
    52  pursuant  to the procedures that such agency would otherwise be required
    53  to follow under the law, had such agency on its  own  accord  sought  to
    54  repeal or modify the regulation.
    55    4. Council actions on statutory mandates. The council may, upon a vote
    56  of  seven members, refer a statute to the governor for repeal or modifi-

        A. 4382--A                          5
 
     1  cation, where the council has previously determined  that  such  statute
     2  imposes  upon  any  local  government  a  mandate  in an unsound, unduly
     3  burdensome or costly manner, so as to necessitate that it be  eliminated
     4  or  reformed. Upon receipt of the referral by the council, the governor,
     5  within sixty days, shall have prepared a governor's  program  bill,  for
     6  introduction  in  both  houses  of  the  legislature, to effectuate such
     7  repeal or modification of the statute.
     8    5. Local government request. A local government may, by resolution  of
     9  its  governing body, ask the council to review a specific statute, regu-
    10  lation, rule or order of state  government  to  determine  whether  such
    11  statute,  regulation,  rule  or order of state government is an unfunded
    12  mandate or is otherwise unsound, unduly burdensome or costly  so  as  to
    13  require  that it be eliminated or reformed. No local government may make
    14  more than three such requests in each calendar year. Upon  such  review,
    15  the  council shall, by majority vote, determine whether such mandate has
    16  been imposed upon such local government in an unsound, unduly burdensome
    17  or costly manner,  so  as  to  necessitate  that  it  be  eliminated  or
    18  reformed.    A  determination  of  the council shall resolve any dispute
    19  regarding whether such a statute, regulation, rule or order  constitutes
    20  such  an  unfunded  mandate, but shall not be deemed a judicial determi-
    21  nation under the law.
    22    6. Appeals. Upon an appeal of a petition previously decided by a state
    23  agency pursuant to section two hundred four-a of the  state  administra-
    24  tive  procedure  act, the council, upon request of the local government,
    25  shall review the state agency's determination and may affirm, modify  or
    26  reject  such  determination.   Such appeal shall not preclude or limit a
    27  local government or any other party  with  standing  from  pursuing  any
    28  right it may have pursuant to a proceeding instituted in accordance with
    29  the  provisions  of  article seventy-eight of the civil practice law and
    30  rules or any other statute.
    31    7. Reports. The council shall  by  December  fifteenth  of  each  year
    32  report  to  the  governor  and legislature regarding its activities, and
    33  regarding the issues, statutes, regulations, rules and orders  which  it
    34  reviewed, examined, proposed, referred, and/or considered. Such reports,
    35  which  shall be adopted upon a majority vote of the members of the coun-
    36  cil, or their designees in the case of the director of the  division  of
    37  the  budget  or the secretary of state. All reports of the council shall
    38  be posted on a publicly accessible website.
    39    8. Assistance of other agencies. To effectuate the  purposes  of  this
    40  section,  any state agency shall, at the request of the council, provide
    41  to the council such facilities, assistance and data as will  enable  the
    42  council to properly carry out its responsibilities and duties.
    43    § 4. The mandate relief council, pursuant to section 666 of the execu-
    44  tive  law, shall review existing mandates on local governments to deter-
    45  mine which shall be eliminated.
    46    § 5. This act shall take effect immediately; provided,  however,  that
    47  section  one  of  this  act  shall only apply to laws enacted after such
    48  effective date, provided however that section three of  this  act  shall
    49  expire and be deemed repealed January 1, 2025.
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