S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3775
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2019
                                ___________
 
 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.
              

                                                            LBD05750-01-9

 S. 3775                             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.
   § 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.