S T A T E   O F   N E W   Y O R K
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                                  5535

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the legislative law, the executive  law  and  the  state
  administrative procedure act, in relation to unfunded mandate review

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "unfunded mandate review act".
  S 2. Section 51 of the legislative law, as added by chapter 985 of the
laws of 1983, is amended to read as follows:
  S 51. Fiscal  impact  notes on bills affecting political subdivisions.
1. For the purpose of this section,  the  term  "political  subdivision"
means  THE  STATE,  OR ANY DIVISION, AGENCY OR BODY OF THE STATE; OR any
county, city, town, village, special district or school district.
  2. [The legislature shall by concurrent resolution of the  senate  and
assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
rate form, bills and amendments to bills, except as otherwise prescribed
by  such  rules,  which  would  substantially  affect  the  revenues  or
expenses, or both, of any political subdivision] WHENEVER A COMMITTEE OF
EITHER HOUSE REPORTS A BILL THAT INCLUDES AN UNFUNDED MANDATE  AFFECTING
A POLITICAL SUBDIVISION, THE BILL SHALL BE ACCOMPANIED BY:
  (A)  AN  IDENTIFICATION  AND  DESCRIPTION  OF  ANY MANDATE IN THE BILL
ANTICIPATED TO HAVE A DIRECT OR INDIRECT COST,  A  QUALITATIVE,  AND  IF
PRACTICABLE,  A QUANTITATIVE ASSESSMENT OF THE COSTS AND BENEFITS OF THE
MANDATE; AND
  (B) A FISCAL IMPACT NOTE PROVIDED  BY  THE  COMPTROLLER.  FISCAL  NOTE
ESTIMATES SHALL INCLUDE TOTAL COST OF COMPLYING WITH THE BILL AND FUTURE
PROJECTED  COSTS.  IF THE COMPTROLLER DETERMINES THAT AN ESTIMATE IS NOT
FEASIBLE TO MAKE, THE COMPTROLLER SHALL REPORT REASONS  FOR  DETERMINING
AN ESTIMATE CANNOT BE MADE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11154-01-3
              

S. 5535                             2

  3. Fiscal notes shall not, however, be required for bills: (a) subject
to  the  provisions of section fifty of this chapter, or (b) accompanied
by special home rule requests submitted by  political  subdivisions,  or
(c)  which provide discretionary authority to political subdivisions, or
(d) submitted pursuant to section twenty-four of the state finance law.
  4. If the estimate or estimates contained in a fiscal note are inaccu-
rate,  such  inaccuracies  shall  not  affect, impair or invalidate such
bill.
  5. EXCEPT AS PROVIDED IN SUBDIVISIONS THREE AND FOUR OF THIS  SECTION,
THE  LEGISLATURE SHALL NOT CONSIDER A BILL INCLUDING AN UNFUNDED MANDATE
AFFECTING A  POLITICAL  SUBDIVISION  IF  IT  IS  NOT  ACCOMPANIED  BY  A
DESCRIPTION  AND  FISCAL  IMPACT  NOTE AS PROVIDED IN SUBDIVISION TWO OF
THIS SECTION.
  S 3. The executive law is amended by adding a new section 50-a to read
as follows:
  S 50-A. REVIEW OF LEGISLATION AFFECTING POLITICAL  SUBDIVISIONS.    1.
FISCAL  IMPACT NOTES ON BILLS AFFECTING POLITICAL SUBDIVISIONS. UPON THE
REQUEST OF A LEGISLATIVE COMMITTEE  CHAIRMAN  OR  THE  MINORITY  RANKING
MEMBER,  THE COMPTROLLER SHALL PROVIDE A FISCAL IMPACT NOTE FOR ANY BILL
THAT INCLUDES AN UNFUNDED MANDATE  AFFECTING  A  POLITICAL  SUBDIVISION.
FISCAL  NOTE  ESTIMATES  SHALL  INCLUDE TOTAL COST OF COMPLYING WITH THE
BILL AND FUTURE PROJECTED COSTS. IF THE COMPTROLLER DETERMINES  THAT  AN
ESTIMATE  IS  NOT  FEASIBLE  TO  MAKE,  THE COMPTROLLER SHALL REPORT THE
REASONS FOR DETERMINING AN ESTIMATE CANNOT BE MADE.
  2. CONTINUING MANDATE STUDY. THE COMPTROLLER SHALL CONDUCT A STUDY  OF
LEGISLATIVE  PROPOSALS  CONTAINING  AN UNFUNDED MANDATE UPON A POLITICAL
SUBDIVISION. IN CONDUCTING THIS CONTINUING STUDY, THE COMPTROLLER  SHALL
SOLICIT  AND  CONSIDER  INFORMATION  OR COMMENTS FROM ELECTED OFFICIALS,
ADVISORY PANELS AND STAKEHOLDERS. TO THE EXTENT ACCURATE  ESTIMATES  ARE
REASONABLY  FEASIBLE,  THE  ESTIMATES  SHALL INCLUDE FUTURE COSTS TO THE
EXTENT THAT SUCH DIFFER SIGNIFICANTLY FROM OR EXTEND BEYOND FIVE YEARS.
  3. COST OF REGULATIONS. THE COMPTROLLER  SHALL  PREPARE  A  COMPARISON
BETWEEN THE ESTIMATED COSTS OF IMPLEMENTING A REGULATION PROVIDED BY THE
RELEVANT AGENCY AND THE ADMINISTRATIVE REGULATION REVIEW COMMISSION, AND
PROVIDE  THE  COMPARISON  TO  THE LEGISLATIVE COMMITTEE CHAIRMAN AND THE
RANKING MINORITY MEMBER OF THE COMMITTEE FROM WHICH THE REQUEST PURSUANT
TO SECTION TWO HUNDRED EIGHT OF THE STATE ADMINISTRATIVE  PROCEDURE  ACT
ORIGINATED.
  S 4. The state administrative procedure act is amended by adding a new
section 208 to read as follows:
  S  208.  UNFUNDED  MANDATE  REVIEW.  1. THERE IS HEREBY ESTABLISHED AN
ADMINISTRATIVE REGULATION REVIEW COMMISSION. IT SHALL BE THE DUTY OF THE
COMMISSION, UPON THE REQUEST OF A LEGISLATIVE COMMITTEE CHAIRMAN OR  THE
RANKING  MINORITY  MEMBER,  TO PROVIDE AN ESTIMATED COST OF ANY PROPOSED
REGULATION, AND TO PROVIDE SUCH ESTIMATE TO THE COMPTROLLER FOR  HIS  OR
HER  REVIEW PURSUANT TO SUBDIVISION TWO OF SECTION FIFTY-A OF THE EXECU-
TIVE LAW.
  2. IT SHALL BE  THE  DUTY  OF  THE  ADMINISTRATIVE  REGULATION  REVIEW
COMMISSION  TO  EXAMINE ALL UNFUNDED MANDATES IMPOSED UPON ANY POLITICAL
SUBDIVISION AND REPORT RECOMMENDATIONS  BIENNIALLY  TO  THE  LEGISLATURE
REGARDING:
  (A)  WAYS  TO  ALLOW  FLEXIBILITY  IN COMPLYING WITH SPECIFIC MANDATES
WHICH MAY BE UNNECESSARILY RIGID OR COMPLEX;
  (B) RECONCILING ANY TWO OR MORE MANDATES WHICH IMPOSE CONTRADICTORY OR
INCONSISTENT REQUIREMENTS;

S. 5535                             3

  (C) TERMINATING ANY DUPLICATIVE, OBSOLETE, IMPRACTICAL OR  UNNECESSARY
MANDATES;
  (D)  SUSPENDING  ON A TEMPORARY BASIS THE MANDATES WHICH ARE NOT VITAL
TO PUBLIC HEALTH AND SAFETY;
  (E) CONSOLIDATING OR SIMPLIFYING MANDATES; AND
  (F) MITIGATING NEGATIVE IMPACTS THAT MAY RESULT FROM RELIEVING A POLI-
TICAL SUBDIVISION.
  IN ISSUING THIS REPORT, THE COMMISSION SHALL CONSULT WITH  THE  GOVER-
NOR,  STATE  AGENCIES,  LEGISLATURE,  ANY  RELEVANT  ADVISORY GROUPS AND
STAKEHOLDER GROUPS.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.