A06503 Summary:

BILL NOA06503
 
SAME ASNo Same As
 
SPONSORRomeo (MS)
 
COSPNSRSayegh, Williams, D'Urso, Arroyo, Stern
 
MLTSPNSRThiele
 
Add Art 5-A §§75 - 82, Exec L; add §54-b, Leg L
 
Enacts the "unfunded mandate reform act"; authorizes the governor to submit an unfunded mandate reform plan to the legislature when it is in the public interest.
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A06503 Actions:

BILL NOA06503
 
03/08/2019referred to governmental operations
01/08/2020referred to governmental operations
02/11/2020enacting clause stricken
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A06503 Committee Votes:

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A06503 Floor Votes:

There are no votes for this bill in this legislative session.
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A06503 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6503
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 8, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  ROMEO,  SAYEGH,  WILLIAMS, D'URSO, ARROYO --
          Multi-Sponsored by -- M. of A. THIELE -- read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the executive law and the legislative law,  in  relation
          to enacting the "unfunded mandate reform act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The executive law is amended by adding a new article 5-A to
     2  read as follows:
 
     3                                 ARTICLE 5-A
     4                         UNFUNDED MANDATE REFORM ACT
 
     5  Section 75. Short title.
     6          76. Duty of governor to examine unfunded  mandates;  legislative
     7                purpose.
     8          77. Definitions.
     9          78. Findings  by  governor;  issuance of unfunded mandate reform
    10                plan.
    11          79. Contents of unfunded mandate reform plan.
    12          80. Effective date of unfunded mandate reform plan.
    13          81. Programs and services that shall not be the  subject  of  an
    14                unfunded mandate reform plan.
    15          82. Severability.
    16    § 75. Short title. This article shall be known and may be cited as the
    17  "unfunded mandate reform act".
    18    §  76.  Duty  of  governor  to  examine unfunded mandates; legislative
    19  purpose. The governor, from time to time, shall examine  those  mandates
    20  imposed  by the state on local governments and school districts that the
    21  state does not provide adequate funding to support, and shall  determine
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08407-01-9

        A. 6503                             2
 
     1  which  changes  are  necessary  to  reduce  the burden of these unfunded
     2  mandates on political subdivisions.
     3    §  77. Definitions. As used in this article, the following terms shall
     4  have the following meanings:
     5    1. "Political subdivision" means  any  county,  city,  town,  village,
     6  school district or special district.
     7    2. "Assembly" means the New York state assembly.
     8    3. "Governor" means the governor of the state of New York.
     9    4. "Legislature" means the legislature of the state of New York.
    10    5. "Senate" means the New York state senate.
    11    6. "Unfunded mandate" means any program or service requirement imposed
    12  by  the  state through statute, regulation or other directive that has a
    13  direct financial impact on any political subdivision in  excess  of  ten
    14  thousand  dollars  per  year,  or  on two or more political subdivisions
    15  collectively or on a city with a population of one million  or  more  in
    16  excess of one hundred thousand dollars per year.
    17    7.  "Unfunded  mandate  reform  plan"  or  "plan"  shall mean the bill
    18  prepared by the governor, and submitted to the legislature as a  program
    19  bill,  that  contains  the terms and information regarding the repeal or
    20  revision of unfunded mandates upon political subdivisions.
    21    § 78. Findings by governor; issuance of unfunded mandate reform  plan.
    22  1.    Whenever the governor finds it to be in the public interest, he or
    23  she may submit to the legislature an unfunded mandate reform plan.
    24    2. Nothing in this article shall prohibit or limit  the  authority  of
    25  the  governor  or  legislature  to repeal, revise or provide funding for
    26  unfunded mandates pursuant to any other lawful process.
    27    § 79. Contents of unfunded mandate reform plan.  An  unfunded  mandate
    28  reform plan shall:
    29    1. set forth as findings in such plan, a description of the nature and
    30  purposes  of the unfunded mandate reform plan, together with an explana-
    31  tion of the advantages that will result from its implementation, includ-
    32  ing the anticipated savings and costs associated  with  each  repeal  or
    33  revision of an unfunded mandate;
    34    2.  describe  in  detail other actions, if any, necessary to implement
    35  that plan;
    36    3. any preliminary actions which have been taken in  implementing  the
    37  plan; and
    38    4.  provide a projected timetable for completion of the implementation
    39  process.
    40    § 80. Effective date of unfunded mandate reform plan. 1.  An  unfunded
    41  mandate  reform plan shall be voted on by each house of the legislature,
    42  without amendment as submitted by the governor, within thirty days after
    43  such submission. The governor may submit only one such plan annually and
    44  may amend that plan one time within such thirty day period. Both  houses
    45  of  the  legislature  shall have thirty days from the submission of such
    46  amendment to vote on the amended unfunded mandate reform  plan.  Without
    47  the  consent  of  both  houses of the legislature, neither a plan nor an
    48  amendment may be submitted by the governor after the  thirtieth  day  of
    49  May in any year.
    50    2.  Under  provisions  contained in an unfunded mandate reform plan, a
    51  provision of the plan may be effective at a time later than the date  on
    52  which the plan otherwise is effective.
    53    §  81.  Programs  and  services  that  shall  not be the subject of an
    54  unfunded mandate reform plan. Notwithstanding  any  other  provision  of
    55  this  article  to the contrary, the following categories of programs and
    56  services shall not be considered unfunded mandates:

        A. 6503                             3
 
     1    1. those which are required to comply with federal laws or rules or to
     2  meet eligibility standards for federal entitlements,  so  long  as  such
     3  mandates are not broader than federal eligibility standards;
     4    2. those which are imposed on both government and non-government enti-
     5  ties in the same or substantially similar circumstances;
     6    3.  those  which permit, establish or enable only optional programs or
     7  services;
     8    4. those which repeal, revise, or ease an existing mandate or require-
     9  ment, or which reapportion the costs of  activities  between  boards  of
    10  education, counties and municipalities;
    11    5.  those  which arise from a ruling by a court of competent jurisdic-
    12  tion;
    13    6. those which are enacted after a public hearing, held  after  public
    14  notice  that  unfunded  mandates  will be considered, for which a fiscal
    15  impact note as defined in section fifty-one of the  legislative  law  is
    16  available  at  the  time of the public hearing and which, in addition to
    17  complying with all other requirements with regard to the enactment of  a
    18  law,  are  passed  by a two-thirds vote of both the senate and assembly;
    19  and
    20    7. those which are the result of the passage of a  home  rule  message
    21  whereby  a  local government requests authority to implement the program
    22  or service specified in the statute, and the statute imposes costs  only
    23  upon  that  local  government which requests the authority to impose the
    24  program or service.
    25    § 82. Severability. If any clause, sentence,  paragraph,  subdivision,
    26  section or part of this article shall be adjudged by any court of compe-
    27  tent jurisdiction to be invalid, such judgment shall not affect, impair,
    28  or invalidate the remainder thereof, but shall be confined in its opera-
    29  tion  to  the  clause, sentence, paragraph, subdivision, section or part
    30  thereof directly involved in the  controversy  in  which  such  judgment
    31  shall  have been rendered. It is hereby declared to be the intent of the
    32  legislature that this article would  have  been  enacted  even  if  such
    33  invalid provisions had not been included in this section.
    34    §  2.  The  legislative law is amended by adding a new section 54-b to
    35  read as follows:
    36    § 54-b. Unfunded mandate reform plan. The legislature may  by  concur-
    37  rent resolution prescribe rules for the consideration and disposition of
    38  an  unfunded  mandate  reform  plan, as defined in article five-A of the
    39  executive law.
    40    § 3. This act shall take effect immediately.
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