S05568 Summary:

BILL NOS05568
 
SAME ASNo same as
 
SPONSORMARTINS
 
COSPNSR
 
MLTSPNSR
 
Add Art 19-C SS991 - 999, Gen Muni L; amd S51, add S54-c, Leg L
 
Establishes the New York State mandate relief act.
Go to top    

S05568 Actions:

BILL NOS05568
 
06/02/2011REFERRED TO LOCAL GOVERNMENT
01/04/2012REFERRED TO LOCAL GOVERNMENT
Go to top

S05568 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S05568 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5568
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                      June 2, 2011
                                       ___________
 
        Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
 
        AN ACT to amend the general municipal law and the  legislative  law,  in
          relation to mandate relief
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1. The general municipal law is amended by adding a new  arti-
     2  cle 19-C to read as follows:
     3                                 ARTICLE 19-C
     4                               MANDATE RELIEF
     5  Section 991. Short title.
     6          992. Legislative findings and determinations.
     7          993. New York state mandate relief council.
     8          993-a. Powers and duties of the council.
     9          993-b. Assistance of other agencies.
    10          994. Determination of unfunded mandate.
    11          994-a. Request by a city, town, village or county government.
    12          994-b. Request by a school district.
    13          994-c. Request  by  a  fire  district,  water  district or other

    14                   special district.
    15          994-d. New Regulations proposed by state government.
    16          995. Consideration  of  the  issue  of  repeal  of  an  unfunded
    17                mandate.
    18          995-a. Repeal  of  unfunded  mandates contained in current regu-
    19                   lations.
    20          995-b. Repeal of unfunded mandates contained in  proposed  regu-
    21                   lations.
    22          995-c. Repeal of unfunded mandates contained in statute.
    23          996. Reports  and  recommendations of the New York state mandate
    24                 relief council.
    25          997. Comptroller report of unfunded mandates.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD11668-04-1

        S. 5568                             2
 
     1          998. Fiscal notes for bills enacting mandates upon local govern-
     2                 ments.
     3          999. Severability.
     4    §  991.  Short  title. This article shall be known and may be cited as
     5  the "New York State mandate relief act".
     6    § 992. Legislative findings and determinations. The legislature hereby
     7  finds and determines that unfunded mandates  established  by  the  state
     8  upon  its local governments, school districts, and fire districts, pres-
     9  ent a tremendous financial burden upon these localities, as well as  the

    10  people of the state of New York.
    11    The  legislature  hereby further finds and determines that the cost of
    12  these unfunded mandates has seriously contributed to the financial chal-
    13  lenges of these local governments, school districts, and fire districts,
    14  and have cost the taxpayers of the state of New York an enormous  burden
    15  in  real  property taxes, as well as limiting the ability of these local
    16  governments, school districts, and  fire  districts  to  enact  measures
    17  which  would  save  both  taxpayer  dollars and responsively provide for
    18  improved community services.
    19    The legislature hereby additionally finds and determines that there is
    20  a pressing need to develop comprehensive legislative and  administrative

    21  changes to end unfunded mandates and accomplish mandate relief, and that
    22  important  mandate relief measures are immediately necessary in order to
    23  accomplish this goal. That is the goal of this  legislation,  in  estab-
    24  lishing  the council on mandate relief, to create an effective mechanism
    25  to eliminate unfunded mandates, and to begin to  relieve  local  govern-
    26  ments,  school  districts,  and  fire  districts, and the taxpayers they
    27  represent, of the crushing burden that  real  property  taxes  currently
    28  place upon all New Yorkers.
    29    §  993. New York state mandate relief council.  There shall be a coun-
    30  cil of mandate relief, which shall be independent  of  the  legislative,

    31  executive  and  judicial branches of state government. The council shall
    32  consist of eleven members appointed by the  governor,  upon  advice  and
    33  consent of the senate, as follows:
    34    1. Five members upon nomination of the governor;
    35    2.  Two  members  upon  nomination  of  the temporary president of the
    36  senate;
    37    3. Two members upon nomination of the speaker of the assembly;
    38    4. One member upon nomination of the minority leader  of  the  senate;
    39  and
    40    5. One member upon nomination of the minority leader of the assembly.
    41    Of the members appointed upon nomination of the governor, no more than
    42  two shall be appointed from the same political party. The term of office

    43  of  the  members  of  the  council shall be five years. Vacancies in the
    44  council occurring otherwise than by expiration of term, shall be  filled
    45  for the unexpired term in the same manner as their original appointment.
    46  The  council  shall elect a chair and vice-chair from among its members.
    47  The chair shall be the executive officer  of  the  council.  The  chair,
    48  within  budget  appropriations  therefore,  may  appoint such employees,
    49  prescribe their duties, and fix their compensation, as necessary for the
    50  successful operation of the council. No  member  of  the  council  shall
    51  receive  a salary, but may be reimbursed for their necessary and reason-
    52  able expenses.
    53    § 993-a.  Powers and duties of the council. The council shall have the

    54  following powers and duties:
    55    1. To make a determination, upon a review, pursuant  to  section  nine
    56  hundred  ninety-four  of  this  article,  as to whether a statute, regu-

        S. 5568                             3
 
     1  lation, rule or order  identified  in  the  resolution,  constitutes  an
     2  unfunded mandate;
     3    2.  To  repeal  a regulation, rule, or order, determined, according to
     4  section nine hundred ninety-four of this  article,  to  be  an  unfunded
     5  mandate,  pursuant  to  section  nine  hundred ninety-five, section nine
     6  hundred ninety-five-a and/or section nine hundred ninety-five-b of  this
     7  article;
     8    3.  To  recommend to the state legislature to repeal a statute, deter-

     9  mined according to section nine hundred ninety-four of this  article  to
    10  be an unfunded mandate, pursuant to section nine hundred ninety-five and
    11  section nine hundred ninety-five-c of this article;
    12    4. To issue reports and recommendations to the governor and members of
    13  the  legislature  regarding  mandate  relief,  pursuant  to section nine
    14  hundred ninety-six of this article;
    15    5. To meet as a public body not less than twice a month for the accom-
    16  plishment of the purposes and provisions of this article;
    17    6. To establish rules, regulations  and  procedures  as  necessary  to
    18  accomplish the purposes and provisions of this article;
    19    7. To enter into contracts, within amounts appropriated therefor, with

    20  individuals, partnerships, corporations or organizations as necessary to
    21  accomplish the purposes and provisions of this article;
    22    8. To make and sign any agreements, and to do and to perform any acts,
    23  that  may be necessary, desirable or proper to carry out the purposes of
    24  this article;
    25    9. To maintain an official record of its meetings, discussions, delib-
    26  erations and determinations;
    27    10. To maintain an  official  website  and  email  addresses  for  its
    28  members;
    29    11.  To accept gifts, contributions and bequests of unrestricted funds
    30  from individuals, partnerships, corporations or organizations as  neces-
    31  sary to accomplish the purposes and provisions of this article; and

    32    12.  To exercise and perform such other powers and duties as necessary
    33  to accomplish the purposes and provisions of this article.
    34    § 993-b.  Assistance of other agencies. To effectuate the purposes  of
    35  this  article,  the  council  may  request  from  any department, board,
    36  bureau, commission or other agency  of  the  state,  and  the  same  are
    37  authorized to provide, such assistance, services and data as will enable
    38  the  council  properly to carry out its powers and duties as provided in
    39  subdivision two of this section.
    40    § 994.  Determination of unfunded mandate. 1. Upon the request of  the
    41  governing  body  of a city, town, village or county government, pursuant

    42  to section nine hundred ninety-four-a of this article, or upon a request
    43  of a school district, pursuant to section nine hundred ninety-four-b  of
    44  this  article,  or  upon a request of a fire district, water district or
    45  other special district pursuant to section nine hundred ninety-four-c of
    46  this article, the council shall make a determination  as  to  whether  a
    47  statute, regulation, rule or order is an unfunded mandate.
    48    2.  Upon  the  submission of a department, division, office, bureau or
    49  other agency of state government, pursuant to section nine hundred nine-
    50  ty-four-d of this article, the council shall make a determination as  to
    51  whether a statute, regulation, rule or order is an unfunded mandate.

    52    3.  The council, upon receipt of the request or submission pursuant to
    53  section nine hundred ninety-four-a, section nine hundred  ninety-four-b,
    54  section nine hundred ninety-four-c or nine hundred ninety-four-d of this
    55  article shall have ninety days to make a determination as to whether the
    56  statute,   regulation,  rule  or  order  contained  in  the  request  or

        S. 5568                             4
 
     1  submission shall be deemed to constitute an unfunded mandate. In  making
     2  such  determination,  the  council  shall consider if the statute, regu-
     3  lation, rule or order legally requires the city, town, village or county
     4  government,  school  district,  fire  district,  water district or other

     5  special district to perform an act, or refrain from acting, in a materi-
     6  al manner and with a material cost. In further making its determination,
     7  the council shall further consider if the cost incurred as a  result  of
     8  the  government or district complying with the statute, regulation, rule
     9  or order is not reimbursed to the government or district by  either  the
    10  federal  or  state  government, or if such government or district is not
    11  otherwise provided with the ability to collect a fee or other monies  in
    12  return for the compliance with such statute, regulation, rule or order.
    13    4.  The council need not consider a request for determination pursuant
    14  to subdivision one of this section if the council has previously made  a

    15  determination within five years of the request, regarding the same exact
    16  statutory  provision  or  regulation.  In  the  event  that  the council
    17  declines to consider a request for a determination pursuant to  subdivi-
    18  sion  one  of  this  section,  the  council shall notify the city, town,
    19  village or county, in  writing,  of  its  declination  to  consider  the
    20  request, and shall provide the city, town, village or county within such
    21  notification  with a copy of the council's previous determination on the
    22  same exact statutory provision or regulation.
    23    5. The council shall make its determination as to whether the statute,
    24  regulation, rule or order contained in the request or submission consti-

    25  tutes an unfunded mandate, by means  of  a  majority  vote  of  all  the
    26  members  of  the  council, after due consideration of the facts and upon
    27  due deliberation and discussion of the members. The meeting to  consider
    28  whether  a requested statute, regulation, rule or order contained in the
    29  request constitutes an unfunded mandate, and all the  deliberations  and
    30  discussions at such meeting, shall be subject to the provisions of arti-
    31  cle  seven  of  the  public  officers law. In the event that the council
    32  determines that the statute, regulation, rule or  order  constitutes  an
    33  unfunded  mandate,  it  shall notify the government or district who made
    34  the request, or the department, division, office, bureau or other agency

    35  of state government that made the submission, and  post  and  publish  a
    36  record of such determination on the official website of the council.
    37    6.  Notwithstanding  anything in this subdivision to the contrary, the
    38  following categories of statutes, regulations, rules  or  orders,  shall
    39  not be considered unfunded mandates:
    40    a. Those which are required to comply with federal laws or rules or to
    41  meet eligibility standards for federal entitlements;
    42    b.  Those  which  repeal,  revise  or  ease an existing requirement or
    43  mandate or which reapportion the costs of activities between  boards  of
    44  education, counties, and municipalities;
    45    c.  Those  which  stem  from failure to comply with previously enacted

    46  laws or rules or regulations issued pursuant to law;
    47    d. Those which implement the provisions of the state constitution; and
    48    e. Those statutes which are enacted after a public hearing, held after
    49  public notice that unfunded mandates will be  considered,  for  which  a
    50  fiscal  analysis  is  available  at  the  time of the public hearing and
    51  which, in addition to complying with all other  constitutional  require-
    52  ments with regard to the enactment of laws, are passed by an affirmative
    53  vote of the members of each house of the legislature and signed into law
    54  by the governor.
    55    7.  Notwithstanding the determination of any court of competent juris-
    56  diction, the council shall resolve any dispute regarding whether such  a

        S. 5568                             5
 
     1  statute, regulation, rule or order constitutes such an unfunded mandate.
     2  The  decisions  of  the council with respect to whether a statute, regu-
     3  lation, rule or order, which constitutes an unfunded mandate  shall  not
     4  be judicial determinations.
     5    §  994-a.  Request  by a city, town, village or county government. Any
     6  city, town, village or county government may make a request of the coun-
     7  cil to review a statute, regulation, rule or order of state  government,
     8  to determine whether such statute, regulation, rule or order constitutes
     9  an unfunded state mandate. The request for a determination shall be made
    10  by  means  of  a resolution passed by a majority of the total members of

    11  the governing body of the city, town, village or county and  transmitted
    12  to the council within ninety days of the passing of such resolution. The
    13  request of the governing body shall also specifically identify the stat-
    14  ute,  regulation,  rule or order in question. A request of the governing
    15  body shall further contain only one statute, regulation, rule  or  order
    16  upon  which  a determination is sought. No city, town, village or county
    17  government, shall make more than ten  requests  of  the  council  for  a
    18  determination in any calendar year.
    19    §  994-b. Request by a school district. Any school district may make a
    20  request of the council to review a statute, regulation, rule or order of

    21  state government, to determine whether such statute, regulation, rule or
    22  order constitutes an unfunded state mandate. The request for a  determi-
    23  nation  shall  be  made by means of a resolution passed by a majority of
    24  the total members of the governing body of the school district and tran-
    25  smitted to the council within ninety days of the passing of such  resol-
    26  ution. The request of the governing body shall also specifically identi-
    27  fy  the statute, regulation, rule or order in question. A request of the
    28  governing body shall further contain only one statute, regulation,  rule
    29  or  order  upon  which  a determination is sought.   No school district,
    30  shall make more than five requests of the council for a determination in
    31  any calendar year.

    32    § 994-c. Request by a fire district, water district or  other  special
    33  district.  Any  fire  district, water district or other special district
    34  may make a request of the council to review a statute, regulation,  rule
    35  or  order  of state government, to determine whether such statute, regu-
    36  lation, rule or order constitutes an unfunded state mandate. The request
    37  for a determination shall be made by means of a resolution passed  by  a
    38  majority  of  the  total  members  of  the  governing  body  of the fire
    39  district, water district or other special district  and  transmitted  to
    40  the  council  within  ninety days of the passing of such resolution. The
    41  request of the governing body shall also specifically identify the stat-

    42  ute, regulation, rule or order in question. A request of  the  governing
    43  body  shall  further contain only one statute, regulation, rule or order
    44  upon which a determination is sought. No fire district,  water  district
    45  or  other  special  district,  shall  make more than two requests of the
    46  council for a determination in any calendar year.
    47    § 994-d. New regulations proposed by  state  government.  All  depart-
    48  ments,  divisions,  offices,  bureaus or other agencies of state govern-
    49  ment, upon the promulgation of a new regulation, rule or order,  or  the
    50  amendment  of an existing regulation, rule or order, which would require
    51  any city, town, village or county, school district, fire district, water

    52  district or other special district, to  take  any  action,  perform  any
    53  duty,  make any expenditure, or incur any cost, must be submitted to the
    54  council for a determination, pursuant to section  nine  hundred  ninety-
    55  four  of this article, as to whether such new regulation, rule or order,
    56  or the amendment of an existing regulation, rule or order constitutes an

        S. 5568                             6
 
     1  unfunded mandate. The submission by the  department,  division,  office,
     2  bureau  or  other  agency  of  state government, shall provide the regu-
     3  lation, rule or order in question, together with an analysis and  justi-
     4  fication  for  regulation,  rule  or  order in question, prepared by the

     5  counsel for the department, division, office, bureau or other agency  of
     6  the  state  government, a counsel within the governor's counsel's office
     7  or an attorney from the New York state department of law. No regulation,
     8  rule or order required to be submitted pursuant to  this  section  shall
     9  take  effect  prior  to  a  determination of the council that such regu-
    10  lation, rule or order is not an unfunded mandate, or prior to a determi-
    11  nation of the council that such regulation, rule or order is an unfunded
    12  mandate but that such regulation, rule or order should not  be  repealed
    13  pursuant  to  section nine hundred ninety-five-b of this article, unless
    14  the counsel for the department, division, office, bureau or other agency

    15  of state government, a counsel within the governor's counsel's office or
    16  an attorney from the New York state department of law, provides a  legal
    17  determination  with  the  submission  required pursuant to this section,
    18  that the failure to immediately establish the regulation, rule or  order
    19  would  result  in  substantial  and  immediate harm to the people of the
    20  state of New York.
    21    § 995. Consideration of the issue of repeal of  an  unfunded  mandate.
    22  Within  twenty-one  days of making a determination that a statute, regu-
    23  lation, rule or order constitutes an unfunded mandate, the council shall
    24  meet to consider the issue of the repeal  of  the  statute,  regulation,
    25  rule  or  order.  The meeting to consider the issue of the repeal of the

    26  statute, regulation, rule or order determined to be an unfunded mandate,
    27  and all the deliberations and discussions  at  such  meeting,  shall  be
    28  subject to the provisions of article seven of the public officers law.
    29    § 995-a. Repeal of unfunded mandates contained in current regulations.
    30  Upon  meeting  to consider the issue of a repeal of an unfunded mandate,
    31  pursuant to section nine hundred ninety-five of this article, the  coun-
    32  cil  shall  make its determination as to whether the regulation, rule or
    33  order determined to be an unfunded mandate pursuant to  a  request  made
    34  under  subdivision one of section nine hundred ninety-four of this arti-
    35  cle, shall be repealed, by means of a majority vote of all  the  members

    36  of the council, after due consideration of the facts and upon due delib-
    37  eration  and  discussion of the members. In the event the council deter-
    38  mines that the regulation, rule or order in question shall be  repealed,
    39  the  council shall inform, in writing, the department, division, office,
    40  bureau or other agency of state government which promulgated  or  issued
    41  the  regulation, rule or order in question, as well as the government or
    42  district that requested it to be determined  an  unfunded  mandate,  and
    43  thereafter  such  regulation,  rule  or order shall expire and be deemed
    44  repealed, within sixty days of the date upon which the council informed,
    45  in writing, the department, division, office, bureau or other agency  of

    46  state  government  which  promulgated  or issued the regulation, rule or
    47  order in question. In no event shall the department,  division,  office,
    48  bureau  or  other agency of state government which promulgated or issued
    49  the original regulation, rule or order in question, repromulgate,  reis-
    50  sue  or  reinstate  the  regulation,  rule or order in question, without
    51  having first obtained statutory permission to do the same by means of an
    52  act of the state legislature.
    53    § 995-b. Repeal of  unfunded  mandates  contained  in  proposed  regu-
    54  lations.   Upon meeting to consider the issue of a repeal of an unfunded
    55  mandate, pursuant to section nine hundred ninety-five of  this  article,

    56  the  council  shall make its determination as to whether the regulation,

        S. 5568                             7
 
     1  rule or order, determined to  be  an  unfunded  mandate  pursuant  to  a
     2  submission  made  under  subdivision two of section nine hundred ninety-
     3  four of this article, shall be repealed, by means of a majority vote  of
     4  all the members of the council, after due consideration of the facts and
     5  upon  due  deliberation  and discussion of the members. In the event the
     6  council determines that the regulation, rule or order in question  shall
     7  be repealed, the council shall inform, in writing, the department, divi-
     8  sion,  office,  bureau or other agency of state government which promul-

     9  gated or issued the regulation, rule or order in question, and thereaft-
    10  er such regulation, rule or order shall expire and be  deemed  repealed,
    11  within  sixty  days of the date upon which the council informs, in writ-
    12  ing, the department, division, office, bureau or other agency  of  state
    13  government  which promulgated or issued the regulation, rule or order in
    14  question. In no event shall the department, division, office, bureau  or
    15  other  agency  of  state  government  which  promulgated  or  issued the
    16  original regulation, rule or order in question, repromulgate, reissue or
    17  reinstate the regulation, rule or  order  in  question,  without  having
    18  first obtained statutory permission to do the same by means of an act of
    19  the state legislature.

    20    §  995-c.  Repeal  of  unfunded mandates contained in statute. 1. Upon
    21  meeting to consider the issue of a repeal of an unfunded mandate, pursu-
    22  ant to section nine hundred ninety-five of  this  article,  the  council
    23  shall  make its determination as to whether the statute determined to be
    24  an unfunded mandate pursuant to section nine hundred ninety-four of this
    25  article, should be endorsed by the council for repeal,  by  means  of  a
    26  majority vote of all the members of the council, after due consideration
    27  of the facts and upon due deliberation and discussion of the members. In
    28  the  event the council determines that the statute should be endorsed by
    29  the council for repeal, the council shall inform, in  writing,  all  the

    30  entities affected by such statute in question, as well as the government
    31  or  district  that  requested  it  to  be determined an unfunded mandate
    32  pursuant to section nine hundred ninety-four of this article, and there-
    33  after the council shall forward such statute, together with its endorse-
    34  ment, to the legislature, as provided by this section.
    35    2. Whenever the council votes to endorse the repeal of a statute as an
    36  unfunded mandate, pursuant to the procedures of subdivision one of  this
    37  section, it shall prepare a bill for possible submission to the legisla-
    38  ture,  concerning the repeal of the statute endorsed for repeal that the
    39  council determined to be an unfunded mandate pursuant  to  section  nine

    40  hundred ninety-four of this article.  Such bill shall include the neces-
    41  sary  provisions  for  repeal  of  such  statute,  as  well as any other
    42  provisions necessary to effectuate the continued operations of state  or
    43  local government, which would be required as a result of the repeal.
    44    3.  Upon  the  drafting  of the bill as provided in subdivision two of
    45  this section, the council shall consider whether it should present  such
    46  bill  to the legislature as an endorsed statutory repeal bill. The meet-
    47  ing to consider whether the council shall present such bill to the state
    48  legislature as an endorsed statutory repeal bill of the council, and all
    49  the deliberations and discussions at such meeting, shall be  subject  to

    50  the  provisions of article seven of the public officers law. The council
    51  shall make its determination as to whether the  council  should  present
    52  such bill to the legislature as an endorsed statutory repeal bill of the
    53  council,  by means of a majority vote of all the members of the council,
    54  after due consideration of the  facts  and  upon  due  deliberation  and
    55  discussion  of the members. In the event the council determines that the
    56  council shall present such bill to the state legislature as an  endorsed

        S. 5568                             8
 
     1  statutory repeal bill of the council, the council shall inform, in writ-
     2  ing,  all  the  entities affected by the repeal of such statute in ques-

     3  tion, as well as the government or district  that  requested  it  to  be
     4  determined an unfunded mandate, and thereafter the council shall forward
     5  such  endorsed  statutory  repeal bill of the council, to both houses of
     6  the legislature, by means of the office of the speaker of  the  assembly
     7  and  by  means  of  the office of the temporary president of the senate,
     8  together with copies of such  endorsed  statutory  repeal  bill  of  the
     9  commission  to the office of the governor and the office of the minority
    10  leader of the assembly and the office of  the  minority  leader  in  the
    11  senate.
    12    4.  In no event shall the council present an endorsed statutory repeal
    13  bill to the legislature:
    14    a. More than twice in any month;

    15    b. If the legislature is not in regular session; and/or
    16    c. If more than sixty days has elapsed since the vote was taken by the
    17  council to endorse the repeal of the statute  in  question  pursuant  to
    18  subdivision one of this section.
    19    5.  In the event the legislature was not in regular session within the
    20  sixty days after the vote was taken by the council to endorse the repeal
    21  of the statute in question, the council may present such endorsed statu-
    22  tory repeal bill to the legislature, in the manner provided in  subdivi-
    23  sion  three  of  this  section, any time within the first seven days the
    24  legislature next convenes or reconvenes in regular session. In no  event
    25  however,  may  the  council present more than fifteen endorsed statutory

    26  repeal bills to the legislature in any calendar year.
    27    6. Upon its proper presentment to the legislature, the endorsed statu-
    28  tory repeal bill shall be voted on by each  house  of  the  legislature,
    29  without  amendment as presented by the council, within thirty days after
    30  its proper presentment. The council may  amend  the  endorsed  statutory
    31  repeal bill one time within such thirty day period, whereupon both hous-
    32  es of the legislature shall then have thirty days from the submission of
    33  such  amendment  to  vote on the amended endorsed statutory repeal bill.
    34  Without the consent of  both  houses  of  the  legislature,  neither  an
    35  endorsed statutory repeal bill, nor an amendment may be submitted by the

    36  council after the thirtieth day of May in any year.
    37    7.  Under provisions contained in an endorsed statutory repeal bill, a
    38  provision of such bill may be effective at a time later than the date on
    39  which the bill otherwise is effective.
    40    § 996. Reports and recommendations  of  the  New  York  state  mandate
    41  relief  council.  In addition to all other activities of the council, it
    42  shall also make, upon a majority vote of the members of its board,  such
    43  public  reports  and  recommendations  as  it  deems  necessary  for the
    44  advancement of its powers and duties. All meetings to  consider  whether
    45  to  make  or  issue  such a public report or recommendation, and all the
    46  deliberations and discussions at such meetings, shall be subject to  the

    47  provisions  of  article seven of the public officers law. In addition to
    48  all other reports and recommendations that the council may vote to make,
    49  the council shall produce and provide an annual report of  the  council,
    50  its  activities, and the issues, statutes, regulations, rules and orders
    51  which it examined and considered. Such annual report shall  be  produced
    52  and  issued  no  later  than the fifteenth day of December, and shall be
    53  presented to each house of the legislature, by means of  the  office  of
    54  the  speaker of the assembly and by means of the office of the temporary
    55  president of the senate, together with copies of such annual  report  to
    56  the  office of the governor and the office of the minority leader of the


        S. 5568                             9
 
     1  assembly and the office of the minority leader in the senate. The annual
     2  report of the council shall also be posted for public  review  upon  the
     3  council's website.
     4    § 997. Comptroller report of unfunded mandates. On or before the thir-
     5  ty-first day of December, two thousand eleven, and then every five years
     6  thereafter,  the office of the state comptroller shall issue a report to
     7  the legislature, by means of the office of the speaker of  the  assembly
     8  and  by  means  of  the office of the temporary president of the senate,
     9  together with copies of such annual report to the office of the governor
    10  and the office of the minority leader of the assembly and the office  of

    11  the  minority  leader in the senate on the issue of unfunded mandates by
    12  the federal and state government upon the cities,  towns,  villages  and
    13  county  governments,  school districts, fire districts, water districts,
    14  and other special districts throughout New York state. Such report shall
    15  detail, in specificity, the financial implications of such mandates upon
    16  such governments and districts, and their real  property  taxpayers,  as
    17  well  at  the  methods and means that have been used by such governments
    18  and districts to address such mandates. Such report shall further  offer
    19  recommendations  to the state legislature and to cities, towns, villages
    20  and  county  governments,  school  districts,  fire   districts,   water

    21  districts and other special districts throughout New York state.
    22    §  998.  Fiscal  notes  for bills enacting mandates upon local govern-
    23  ments.  Any bill which requires a city, town, village or county  govern-
    24  ment,  school  district,  fire district, water district or other special
    25  district to take any action, or refrain  from  taking  any  action,  and
    26  which  does not contain an appropriation for such city, town, village or
    27  county government, school district, fire  district,  water  district  or
    28  other special district to cover the cost of taking such required action,
    29  or  refraining  from  taking  such  action, shall contain a fiscal note,
    30  printed on the bottom of the bill, stating  the  estimated  annual  cost

    31  such  city,  town,  village  or county government, school district, fire
    32  district, water district or other special district  will  incur  in  the
    33  event  such  bill  is  enacted, and the source of such estimate. For the
    34  purpose of complying with this section, the office of  the  state  comp-
    35  troller, upon a request from a member of the senate or assembly for such
    36  a  fiscal  note, shall issue and provide such fiscal note to such member
    37  of the senate or assembly, within fifteen days of such request.
    38    § 999. Severability. If any clause, sentence, paragraph,  subdivision,
    39  section or part of this article shall be adjudged by any court of compe-
    40  tent jurisdiction to be invalid, such judgment shall not affect, impair,

    41  or invalidate the remainder thereof, but shall be confined in its opera-
    42  tion  to  the  clause, sentence, paragraph, subdivision, section or part
    43  thereof directly involved in the  controversy  in  which  such  judgment
    44  shall  have been rendered. It is hereby declared to be the intent of the
    45  legislature that this article would  have  been  enacted  even  if  such
    46  invalid provisions had not been included in this section.
    47    § 2. Section 51 of the legislative law, as added by chapter 985 of the
    48  laws of 1983, is amended to read as follows:
    49    § 51. Fiscal  impact  notes on bills affecting political subdivisions.
    50  1. For the purpose of this section,  the  term  "political  subdivision"
    51  means  any  county,  city,  town,  village,  special  district or school
    52  district.

    53    2. [The] In addition to the provisions of section nine  hundred  nine-
    54  ty-eight  of  the  general municipal law, the legislature [shall] may by
    55  concurrent resolution of the senate and assembly prescribe rules requir-
    56  ing fiscal notes to accompany, on a separate form, bills and  amendments

        S. 5568                            10
 
     1  to  bills,  except  as  otherwise  prescribed by such rules, which would
     2  substantially affect the revenues or expenses, or both, of any political
     3  subdivision.
     4    3.  [Fiscal]  Except  as  to  the extent required in the provisions of
     5  section nine hundred ninety-eight of the general municipal  law,  fiscal
     6  notes  shall  not,  however,  be  required for bills: (a) subject to the

     7  provisions of section fifty of  this  chapter,  or  (b)  accompanied  by
     8  special  home  rule requests submitted by political subdivisions, or (c)
     9  which provide discretionary authority to political subdivisions, or  (d)
    10  submitted pursuant to section twenty-four of the state finance law.
    11    4. If the estimate or estimates contained in a fiscal note are inaccu-
    12  rate,  such  inaccuracies  shall  not  affect, impair or invalidate such
    13  bill.
    14    § 3. The legislative law is amended by adding a new  section  54-c  to
    15  read as follows:
    16    §  54-c.  Endorsed  statutory  repeal  bills  from  the New York state
    17  mandate relief council. The legislature  may  by  concurrent  resolution
    18  prescribe rules for the consideration and disposition of endorsed statu-
    19  tory  repeal  bills  from  the New York State mandate relief council, as

    20  defined in article nineteen-C of the general municipal law.
    21    § 4. This act shall take effect immediately.
Go to top