S T A T E O F N E W Y O R K
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5828
2017-2018 Regular Sessions
I N S E N A T E
May 2, 2017
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Introduced by Sen. JACOBS -- 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".
§ 2. Section 51 of the legislative law, as added by chapter 985 of the
laws of 1983, is amended to read as follows:
§ 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.
LBD11327-01-7
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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.
§ 3. The executive law is amended by adding a new section 50-a to read
as follows:
§ 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.
§ 4. The state administrative procedure act is amended by adding a new
section 208 to read as follows:
§ 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;
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(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.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.
