S T A T E   O F   N E W   Y O R K
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                                  6160

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             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:

  Section 1. The legislative law is amended by adding a new section 51-a
to read as follows:
  S 51-A. MORATORIUM ON UNFUNDED MANDATES. 1. DEFINITIONS.  AS  USED  IN
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "LOCAL  GOVERNMENT"  MEANS  A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
DISTRICT, OR SPECIAL DISTRICT.
  (B) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED  OR  ANTIC-
IPATED  TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN
PERFORMING OR ADMINISTERING ANY  PROGRAM,  PROJECT,  OR  ACTIVITY  AFTER
SUBTRACTING  THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH LOCAL
GOVERNMENT IN RELATION TO SUCH PROGRAM, PROJECT, OR ACTIVITY,  INCLUDING
BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF SUCH PROGRAM, PROJECT, OR ACTIV-
ITY;
  (II)  STATE  OR  FEDERAL  FUNDS RECEIVED FOR SUCH PROGRAM, PROJECT, OR
ACTIVITY; AND
  (III) AN OFFSETTING SAVINGS RESULTING FROM THE  DIMINUTION  OR  ELIMI-
NATION  OF  ANY  OTHER  PROGRAM,  PROJECT,  OR  ACTIVITY  THAT STATE LAW
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

  (C) "UNFUNDED MANDATE" MEANS:
  (I)  ANY  STATE  LAW  THAT  REQUIRES  A LOCAL GOVERNMENT TO PROVIDE OR
UNDERTAKE ANY NEW PROGRAM, PROJECT OR ACTIVITY THAT RESULTS IN AN ANNUAL
NET ADDITIONAL COST TO ANY LOCAL GOVERNMENT IN EXCESS  OF  TEN  THOUSAND
DOLLARS  OR AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL LOCAL GOVERN-
MENTS WITHIN THE STATE IN EXCESS OF ONE MILLION DOLLARS; OR
  (II) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE A HIGH-
ER LEVEL OF SERVICE OR FUNDING  FOR  AN  EXISTING  PROGRAM,  PROJECT  OR
ACTIVITY  THAT  RESULTS  IN  AN  ANNUAL NET ADDITIONAL COST TO ANY LOCAL
GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL  NET
ADDITIONAL  COST  TO ALL LOCAL GOVERNMENTS WITHIN THE STATE IN EXCESS OF
ONE MILLION DOLLARS; OR
  (III) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO GRANT ANY  NEW
PROPERTY TAX EXEMPTION OR THAT BROADENS THE ELIGIBILITY OR INCREASES THE
DOLLAR  AMOUNT  OF ANY EXISTING PROPERTY TAX EXEMPTION, ON PROPERTY THAT
OTHERWISE WOULD HAVE GENERATED REVENUE UNDER THE  CURRENT  PROPERTY  TAX
RATE  OF  SUCH LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS IN ANY
LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS STATEWIDE; OR
  (IV) ANY STATE LAW WITH A LEGAL REQUIREMENT THAT WOULD OTHERWISE LIKE-
LY HAVE THE EFFECT OF RAISING PROPERTY TAXES IN EXCESS OF  TEN  THOUSAND
DOLLARS  IN  ANY  LOCAL  GOVERNMENT  OR IN EXCESS OF ONE MILLION DOLLARS
STATEWIDE.
  2. MORATORIUM ON UNFUNDED MANDATES. FOR A THREE YEAR PERIOD  BEGINNING
WITH  THE ENACTMENT OF THIS SECTION, NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, NO UNFUNDED MANDATES SHALL BE ENACTED.
  3. EXEMPTIONS. (A) A STATE LAW SHALL NOT  BE  CONSIDERED  AN  UNFUNDED
MANDATE WHERE SUCH LAW:
  (I) IS REQUIRED BY A COURT ORDER OR JUDGMENT; OR
  (II)  IS  PROVIDED  AT  THE OPTION OF THE LOCAL GOVERNMENT UNDER A LAW
THAT IS PERMISSIVE RATHER THAN MANDATORY; OR
  (III) RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE WHEREBY A  LOCAL
GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE SPECI-
FIED  IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY UPON THAT LOCAL
GOVERNMENT WHICH  REQUESTS  THE  AUTHORITY  TO  IMPOSE  THE  PROGRAM  OR
SERVICE; OR
  (IV)  IS  REQUIRED  BY  STATUTE  OR  EXECUTIVE ORDER THAT IMPLEMENTS A
FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE FEDERAL
GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR  EXECU-
TIVE  ORDER  RESULTS  IN  COSTS  WHICH  EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT; OR
  (V) IS IMPOSED ON BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES  IN  THE
SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES; OR
  (VI)  REPEALS  OR  REVISES A STATE LAW TO EASE AN EXISTING REQUIREMENT
THAT A LOCAL GOVERNMENT PROVIDE OR  UNDERTAKE  A  PROGRAM,  PROJECT,  OR
ACTIVITY,  OR REAPPORTIONS THE COSTS OF ACTIVITIES BETWEEN LOCAL GOVERN-
MENTS; OR
  (VII) IS NECESSARY TO PROTECT AGAINST AN IMMEDIATE  THREAT  TO  PUBLIC
HEALTH OR SAFETY.
  (B) THE EFFECTIVE DATE OF ANY ACT ESTABLISHING A MANDATE SHALL PROVIDE
A  REASONABLE TIME FOR THE STATE AND ANY LOCAL GOVERNMENT TO PLAN IMPLE-
MENTATION THEREOF AND SHALL  BE  CONSISTENT  WITH  THE  AVAILABILITY  OF
REQUIRED FUNDS.
  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"

A. 6160                             3

means  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] A  BILL  THAT  would  [substantially]  affect  the
revenues  or  expenses,  or  both,  of  any  political subdivision SHALL
CONTAIN A DETAILED FISCAL IMPACT NOTE STATING THE ESTIMATED ANNUAL  COST
TO  THE  POLITICAL SUBDIVISION AFFECTED AND THE SOURCE OF SUCH ESTIMATE.
THE FISCAL IMPACT NOTE MUST CLEARLY IDENTIFY THE FUNDING SOURCE OF  SUCH
ANNUAL  COST  TO  THE POLITICAL SUBDIVISION. AN OMISSION OF SUCH FUNDING
SOURCE IN THE FISCAL IMPACT NOTE, SHALL INVALIDATE SUCH BILL.
  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 IMPACT note are
inaccurate AND RESULT IN AN ANNUAL NET ADDITIONAL COST TO ANY  POLITICAL
SUBDIVISION IN EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL NET
ADDITIONAL COST TO ALL POLITICAL SUBDIVISIONS WITHIN THE STATE IN EXCESS
OF  ONE MILLION DOLLARS, such inaccuracies shall [not affect, impair or]
invalidate such bill.
  S 3.  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 alternate methods for implementing regulatory  mandates,  is
amended to read as follows:
  S  3.  This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the thirtieth day after  it
shall  have  become  a  law and shall expire January 1, 2015 or upon the
departure from office of the fifty-sixth governor whichever comes first,
provided however that section two of this act shall take effect  January
15,  2012  and  shall expire January 1, [2015 or upon the departure from
office of the fifty-sixth governor whichever comes first] 2019.
  S 4. The Mandate Relief Council, pursuant to section 666 of the execu-
tive law, as added by chapter 97 of  the  laws  of  2011,  shall  review
existing mandates on local governments to determine which shall be elim-
inated.
  S  5.  This act shall take effect immediately, provided, however, that
section one of this act shall only apply  to  laws  enacted  after  such
effective date.