NY State Senate Bill 2023-S5681

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to investigations and government operations
Mar 13, 2023	referred to investigations and government operations

co-Sponsors

2023-S5681 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Amd §51, Leg L; add §50-a, Exec L; add §208, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5535
2015-2016: S1433
2017-2018: S5828
2019-2020: S3775
2021-2022: S6451

2023-S5681 (ACTIVE) - Summary

Provides for the review of unfunded mandates.

2023-S5681 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5681

SPONSOR: CANZONERI-FITZPATRICK
 
TITLE OF BILL:

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

 
PURPOSE:

Establishes the Unfunded Mandated Review Act.

 
SUMMARY OF PROVISIONS:

Section one provides that this act shall be known as the "Unfunded
Mandate Review Act."

Section two amends Legislative Law § 51 to provide that any bill impos-
ing an unfunded mandate upon any political subdivision must include,
unless exempt, a description of the mandate and a fiscal note before it
can be reported by committee.

Section three adds a new § 50-a to the Executive Law. This section
requires the Comptroller to 1) provide fiscal impact notes upon request
of a committee for any bill including an unfunded mandate; 2) conduct a
continuing mandate study of unfunded mandates upon any political subdi-
vision; and 3) prepare comparative costs of proposed regulations.

Section four adds a new § 208 to the State Administrative Procedure Law
to require the Administrative Regulation Review Commission (ARRC) to
provide the Comptroller with the estimated cost of proposed regulations
upon request of a Committee. This section also requires the ARRC to
submit a biennial report to the legislature on ways to find inefficien-
cies and relief from unfunded mandates upon political subdivisions.

 
JUSTIFICATION:

Unfunded mandates imposed by legislation and regulation translate into
higher property taxes for New Yorkers. New York property taxes are
already among the highest in the nation. As New York residents continue
to live in a tough fiscal climate, it is imperative that all levels of
government spending be monitored, contained and minimized where possi-
ble.

This legislation adopts components from the federal Unfunded Mandates
Reform Act of 1995 in order to protect political subdivisions from
mandated policies that they must pay for, and in turn protects taxpayers
from increasing tax levies. In addition to requiring future mandates to
be fiscally analyzed and reviewed, this legislation also requires the
Administrative Regulation and Review Commission to review past mandates
and make recommendations for streamlining and reducing mandates where
appropriate.

 
LEGISLATIVE HISTORY:

2021-22: S.6451, Referred to Investigations and Government Operations

2019-20: S.3775, Referred to Investigations and Government Operations

2017-18: S.5828, passed Senate 2017 and 2018;

2015-16: S.1433, Referred to Investigations and Government Operations

2013-13: S.5535, Referred to Investigations and Government Operations

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
90 days after adoption.

2023-S5681 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5681
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  read  twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government 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.
                                                            LBD09164-01-3

 S. 5681                             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;
 S. 5681                             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.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S5681

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2023-S5681 (ACTIVE) - Details

2023-S5681 (ACTIVE) - Summary

2023-S5681 (ACTIVE) - Sponsor Memo

2023-S5681 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5681

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Sponsored By

Patricia Canzoneri-Fitzpatrick

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

Peter Oberacker

Alexis Weik

2023-S5681 (ACTIVE) - Details

2023-S5681 (ACTIVE) - Summary

2023-S5681 (ACTIVE) - Sponsor Memo

2023-S5681 (ACTIVE) - Bill Text download pdf

Comments