Add S51-a, amd S51, Leg L; amd Part C subpart H S3, Chap 97 of 2011
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.
STATE OF NEW YORK
________________________________________________________________________
6160
2015-2016 Regular Sessions
IN ASSEMBLY
March 16, 2015
___________
Introduced by M. of A. MURRAY, OAKS, BARCLAY, CORWIN, GIGLIO, MONTESANO,
THIELE, CERETTO, LOPEZ, CROUCH, GRAF, DUPREY, KOLB, PALMESANO, BLANK-
ENBUSH, KATZ, McDONOUGH, McLAUGHLIN -- read once and referred to the
Committee on Local Governments
AN ACT to amend the legislative law, in relation to unfunded mandates on
local governments and school districts; and to amend section 3 of
subpart H of part C of chapter 97 of the laws of 2011 amending the
state administrative procedure act and other laws relating to alter-
nate methods for implementing regulatory mandates, in relation to the
effectiveness 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06358-02-5
A. 6160 2
1 (c) "Unfunded mandate" means:
2 (i) any state law that requires a local government to provide or
3 undertake any new program, project or activity that results in an annual
4 net additional cost to any local government in excess of ten thousand
5 dollars or an aggregate annual net additional cost to all local govern-
6 ments within the state in excess of one million dollars; or
7 (ii) any state law that requires a local government to provide a high-
8 er level of service or funding for an existing program, project or
9 activity that results in an annual net additional cost to any local
10 government in excess of ten thousand dollars or an aggregate annual net
11 additional cost to all local governments within the state in excess of
12 one million dollars; or
13 (iii) any state law that requires a local government to grant any new
14 property tax exemption or that broadens the eligibility or increases the
15 dollar amount of any existing property tax exemption, on property that
16 otherwise would have generated revenue under the current property tax
17 rate of such local government in excess of ten thousand dollars in any
18 local government or in excess of one million dollars statewide; or
19 (iv) any state law with a legal requirement that would otherwise like-
20 ly have the effect of raising property taxes in excess of ten thousand
21 dollars in any local government or in excess of one million dollars
22 statewide.
23 2. Moratorium on unfunded mandates. For a three year period beginning
24 with the enactment of this section, notwithstanding any other provision
25 of law, no unfunded mandates shall be enacted.
26 3. Exemptions. (a) A state law shall not be considered an unfunded
27 mandate where such law:
28 (i) is required by a court order or judgment; or
29 (ii) is provided at the option of the local government under a law
30 that is permissive rather than mandatory; or
31 (iii) results from the passage of a home rule message whereby a local
32 government requests authority to implement the program or service speci-
33 fied in the statute, and the statute imposes costs only upon that local
34 government which requests the authority to impose the program or
35 service; or
36 (iv) is required by statute or executive order that implements a
37 federal law or regulation and results from costs mandated by the federal
38 government to be borne at the local level, unless the statute or execu-
39 tive order results in costs which exceed the costs mandated by the
40 federal government; or
41 (v) is imposed on both government and non-government entities in the
42 same or substantially similar circumstances; or
43 (vi) repeals or revises a state law to ease an existing requirement
44 that a local government provide or undertake a program, project, or
45 activity, or reapportions the costs of activities between local govern-
46 ments; or
47 (vii) is necessary to protect against an immediate threat to public
48 health or safety.
49 (b) The effective date of any act establishing a mandate shall provide
50 a reasonable time for the state and any local government to plan imple-
51 mentation thereof and shall be consistent with the availability of
52 required funds.
53 § 2. Section 51 of the legislative law, as added by chapter 985 of the
54 laws of 1983, is amended to read as follows:
55 § 51. Fiscal impact notes on bills affecting political subdivisions.
56 1. For the purpose of this section, the term "political subdivision"
A. 6160 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. Section 3 of subpart H of part C of chapter 97 of the laws of
25 2011, amending the state administrative procedure act and other laws
26 relating to alternate methods for implementing regulatory mandates, is
27 amended to read as follows:
28 § 3. This act shall take effect immediately; provided, however, that
29 section one of this act shall take effect on the thirtieth day after it
30 shall have become a law and shall expire January 1, 2015 or upon the
31 departure from office of the fifty-sixth governor whichever comes first,
32 provided however that section two of this act shall take effect January
33 15, 2012 and shall expire January 1, [2015 or upon the departure from
34 office of the fifty-sixth governor whichever comes first] 2019.
35 § 4. The Mandate Relief Council, pursuant to section 666 of the execu-
36 tive law, as added by chapter 97 of the laws of 2011, shall review
37 existing mandates on local governments to determine which shall be elim-
38 inated.
39 § 5. This act shall take effect immediately, provided, however, that
40 section one of this act shall only apply to laws enacted after such
41 effective date.
