S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5447
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BARCLAY,  PALMESANO,  BRABENEC, BLANKENBUSH,
   FRIEND, GOODELL, DiPIETRO, NORRIS, MILLER, WALSH, MANKTELOW, GALLAHAN,
   LEMONDES, DeSTEFANO, SIMPSON, J. M. GIGLIO, TAGUE  --  Multi-Sponsored
   by  --  M. of A. ANGELINO, K. BROWN, FITZPATRICK, HAWLEY, McDONOUGH --
   read once and referred to the Committee on Governmental Operations

 AN ACT to amend the legislative law, in relation to unfunded mandates on
   local governments and school districts
 
   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:
   §  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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03809-01-3
              

 A. 5447                             2
 
 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.  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.
   § 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 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-
 A. 5447                             3

 rate form, bills and amendments to bills, except as otherwise prescribed
 by such rules, which] A BILL THAT would substantially affect the  reven-
 ues  or  expenses, or both, of any political subdivision SHALL CONTAIN A
 FISCAL  NOTE STATING THE ESTIMATED ANNUAL COST TO THE POLITICAL SUBDIVI-
 SION AFFECTED AND THE SOURCE OF SUCH ESTIMATE.
   3. Fiscal notes shall not, however, be required for bills: (a) subject
 to the provisions of section fifty of this  [chapter]  ARTICLE,  or  (b)
 accompanied  by special home rule requests submitted by political subdi-
 visions, 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.
   §  3.  This act shall take effect immediately, provided, however, that
 section one of this act shall only apply  to  laws  enacted  after  such
 effective date.