senate Bill S4094

Enacts the "unfunded mandate reform act"

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Sponsor

O'BRIEN

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Mar / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Enacts the "unfunded mandate reform act"; authorizes the governor to submit an unfunded mandate reform plan to the legislature when it is in the public interest.

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Bill Details

See Assembly Version of this Bill:
A3106
Versions:
S4094
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add Art 5-A §§75 - 82, Exec L; add §54-c, Leg L
Versions Introduced in 2011-2012 Legislative Cycle:
A8150, A8150

Sponsor Memo

BILL NUMBER:S4094

TITLE OF BILL: An act to amend the executive law and the legislative
law, in relation to enacting the "unfunded mandate reform act"

PURPOSE: To authorize the Governor to submit to the Legislature once
each legislative session a plan to repeal or revise unfunded mandates,
and to require such plan to be voted on by the Legislature within 30
days of its submission.

SUMMARY OF PROVISIONS:

Section 1 adds a news Executive Law article 5-A, entitled the Unfunded
Mandate Reform Act.

This new article authorizes the Governor to submit to the Legislature
annually an unfunded mandate reform plan, which the Legislature must
approve or reject within 30 days of its submission by the Governor.

New Executive Law § 75 sets forth a short title, the Unfunded Mandate
Reform Act.

New Executive Law § 76 states that it is the responsibility of the
Governor to periodically review unfunded mandates imposed by the state
on local governments and school districts.

New Executive Law § 77 defines key terms used in the article,
including "unfunded mandate" and "unfunded mandate reform plan."

New Executive Law § 78 authorizes the Governor to submit to the
Legislature an unfunded mandate reform plan, and provides that nothing
in this article prohibits or limits the authority of the governor or
legislature to repeal, revise or provide funding for unfunded mandates
pursuant to any other lawful process.

New Executive Law § 79 provides that an unfunded mandate reform plan
shall set forth the Governor's findings, a description of the unfunded
mandates that he or she proposes to repeal or revise, a projection of
the anticipated costs and savings resulting from the plan, any other
pertinent information relating to the implementation of the plan, and
a projected timetable for the plan's implementation.

New Executive Law § 80 provides that the Governor may submit an
unfunded mandate reform plan once each year no later than May 30th,
and that such plan must be voted on by the Legislature within 30 days.

New Executive Law § 81 provides that certain programs and services
shall not be considered unfunded mandates for the purposes of this
article.

These include those programs and services:

-that are required to comply with federal laws or rules or to meet
eligibility standards for federal entitlements, so long as such
mandates are not broader than federal eligibility standards;


-that are imposed on both government and non-government entities in
the same or substantially similar circumstances;

-which permit, establish or enable only optional programs or services;

-which stem from failure to comply with previously enacted laws, or
rules or regulations issued pursuant to a law;

-which arise from a ruling by a court of competent jurisdiction;

-which arise from an executive order of the governor exercising his or
her emergency powers;

-which implement provisions of the state Constitution;

-which are passed by a two-thirds vote of both the senate and assembly
after a public hearing process; and

-which are requested by a local government.

New Executive Law § 82 is a severability provision.

Section 2 adds a new Legislation Law s 54-c, which authorizes the
Legislature to prescribe rules for the consideration and disposition
of an unfunded mandate reform plan, as defined in Executive Law
Article 5-A, by concurrent resolution.

Section 3 is the effective date.

JUSTIFICATION:S: Modeled after the Spending and Government Efficiency
(SAGE) Commission that was enacted into law as part of the 2011-12
state budget (Chapter 62 of the Laws of 2011, Part E), this
legislation creates a similar mechanism that would enable the Governor
to propose the repeal or revision of unfunded mandates that are
imposed on local governments and school districts.

Current and future state budget deficits have forced Albany to cut
funding for education and health care, while local governments and
school district face similar funding problems.

In order to avoid property tax increases, it is critically important
that the Governor and Legislature provide local governments and school
districts with real mandate relief.

This legislation provides a mechanism to enable the Governor to
propose and the Legislature to consider real and substantial unfunded
mandate relief to local governments and school districts.

LEGISLATIVE HISTORY: 2011-2012: S5379 referred to Finance

FISCAL IMPLICATIONS: No fiscal implications to the state.

LOCAL FISCAL IMPLICATIONS: This legislation could have significant
local fiscal implications by enabling the repeal or revision of
unfunded mandates.

EFFECTIVE DATE: Immediately upon enactment.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4094

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 8, 2013
                               ___________

Introduced  by  Sen. O'BRIEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law and the legislative law,  in  relation
  to enacting the "unfunded mandate reform act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new article 5-A to
read as follows:

                               ARTICLE 5-A
                       UNFUNDED MANDATE REFORM ACT

SECTION 75. SHORT TITLE.
        76. DUTY OF GOVERNOR TO EXAMINE UNFUNDED  MANDATES;  LEGISLATIVE
              PURPOSE.
        77. DEFINITIONS.
        78. FINDINGS  BY  GOVERNOR;  ISSUANCE OF UNFUNDED MANDATE REFORM
              PLAN.
        79. CONTENTS OF UNFUNDED MANDATE REFORM PLAN.
        80. EFFECTIVE DATE OF UNFUNDED MANDATE REFORM PLAN.
        81. PROGRAMS AND SERVICES THAT SHALL NOT BE THE  SUBJECT  OF  AN
              UNFUNDED MANDATE REFORM PLAN.
        82. SEVERABILITY.
  S 75. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
"UNFUNDED MANDATE REFORM ACT".
  S  76.  DUTY  OF  GOVERNOR  TO  EXAMINE UNFUNDED MANDATES; LEGISLATIVE
PURPOSE. THE GOVERNOR, FROM TIME TO TIME, SHALL EXAMINE  THOSE  MANDATES
IMPOSED  BY THE STATE ON LOCAL GOVERNMENTS AND SCHOOL DISTRICTS THAT THE
STATE DOES NOT PROVIDE ADEQUATE FUNDING TO SUPPORT, AND SHALL  DETERMINE
WHICH  CHANGES  ARE  NECESSARY  TO  REDUCE  THE BURDEN OF THESE UNFUNDED
MANDATES ON POLITICAL SUBDIVISIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06622-01-3

S. 4094                             2

  S 77. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  1.  "POLITICAL  SUBDIVISION"  MEANS  ANY  COUNTY, CITY, TOWN, VILLAGE,
SCHOOL DISTRICT OR SPECIAL DISTRICT.
  2. "ASSEMBLY" MEANS THE NEW YORK STATE ASSEMBLY.
  3. "GOVERNOR" MEANS THE GOVERNOR OF THE STATE OF NEW YORK.
  4. "LEGISLATURE" MEANS THE LEGISLATURE OF THE STATE OF NEW YORK.
  5. "SENATE" MEANS THE NEW YORK STATE SENATE.
  6. "UNFUNDED MANDATE" MEANS ANY PROGRAM OR SERVICE REQUIREMENT IMPOSED
BY THE STATE THROUGH STATUTE, REGULATION OR OTHER DIRECTIVE THAT  HAS  A
DIRECT  FINANCIAL  IMPACT  ON ANY POLITICAL SUBDIVISION IN EXCESS OF TEN
THOUSAND DOLLARS PER YEAR, OR ON  TWO  OR  MORE  POLITICAL  SUBDIVISIONS
COLLECTIVELY  OR  ON  A CITY WITH A POPULATION OF ONE MILLION OR MORE IN
EXCESS OF ONE HUNDRED THOUSAND DOLLARS PER YEAR.
  7. "UNFUNDED MANDATE REFORM  PLAN"  OR  "PLAN"  SHALL  MEAN  THE  BILL
PREPARED  BY THE GOVERNOR, AND SUBMITTED TO THE LEGISLATURE AS A PROGRAM
BILL, THAT CONTAINS THE TERMS AND INFORMATION REGARDING  THE  REPEAL  OR
REVISION OF UNFUNDED MANDATES UPON POLITICAL SUBDIVISIONS.
  S  78. FINDINGS BY GOVERNOR; ISSUANCE OF UNFUNDED MANDATE REFORM PLAN.
1.  WHENEVER THE GOVERNOR FINDS IT TO BE IN THE PUBLIC INTEREST,  HE  OR
SHE MAY SUBMIT TO THE LEGISLATURE AN UNFUNDED MANDATE REFORM PLAN.
  2.  NOTHING  IN  THIS ARTICLE SHALL PROHIBIT OR LIMIT THE AUTHORITY OF
THE GOVERNOR OR LEGISLATURE TO REPEAL, REVISE  OR  PROVIDE  FUNDING  FOR
UNFUNDED MANDATES PURSUANT TO ANY OTHER LAWFUL PROCESS.
  S  79.  CONTENTS  OF UNFUNDED MANDATE REFORM PLAN. AN UNFUNDED MANDATE
REFORM PLAN SHALL:
  1. SET FORTH AS FINDINGS IN SUCH PLAN, A DESCRIPTION OF THE NATURE AND
PURPOSES OF THE UNFUNDED MANDATE REFORM PLAN, TOGETHER WITH AN  EXPLANA-
TION OF THE ADVANTAGES THAT WILL RESULT FROM ITS IMPLEMENTATION, INCLUD-
ING  THE  ANTICIPATED  SAVINGS  AND COSTS ASSOCIATED WITH EACH REPEAL OR
REVISION OF AN UNFUNDED MANDATE;
  2. DESCRIBE IN DETAIL OTHER ACTIONS, IF ANY,  NECESSARY  TO  IMPLEMENT
THAT PLAN;
  3.  ANY  PRELIMINARY ACTIONS WHICH HAVE BEEN TAKEN IN IMPLEMENTING THE
PLAN; AND
  4. PROVIDE A PROJECTED TIMETABLE FOR COMPLETION OF THE  IMPLEMENTATION
PROCESS.
  S  80.  EFFECTIVE DATE OF UNFUNDED MANDATE REFORM PLAN. 1. AN UNFUNDED
MANDATE REFORM PLAN SHALL BE VOTED ON BY EACH HOUSE OF THE  LEGISLATURE,
WITHOUT AMENDMENT AS SUBMITTED BY THE GOVERNOR, WITHIN THIRTY DAYS AFTER
SUCH SUBMISSION. THE GOVERNOR MAY SUBMIT ONLY ONE SUCH PLAN ANNUALLY AND
MAY  AMEND THAT PLAN ONE TIME WITHIN SUCH THIRTY DAY PERIOD. BOTH HOUSES
OF THE LEGISLATURE SHALL HAVE THIRTY DAYS FROM THE  SUBMISSION  OF  SUCH
AMENDMENT  TO  VOTE ON THE AMENDED UNFUNDED MANDATE REFORM PLAN. WITHOUT
THE CONSENT OF BOTH HOUSES OF THE LEGISLATURE, NEITHER  A  PLAN  NOR  AN
AMENDMENT  MAY  BE  SUBMITTED BY THE GOVERNOR AFTER THE THIRTIETH DAY OF
MAY IN ANY YEAR.
  2. UNDER PROVISIONS CONTAINED IN AN UNFUNDED MANDATE  REFORM  PLAN,  A
PROVISION  OF THE PLAN MAY BE EFFECTIVE AT A TIME LATER THAN THE DATE ON
WHICH THE PLAN OTHERWISE IS EFFECTIVE.
  S 81. PROGRAMS AND SERVICES THAT  SHALL  NOT  BE  THE  SUBJECT  OF  AN
UNFUNDED  MANDATE  REFORM  PLAN.  NOTWITHSTANDING ANY OTHER PROVISION OF
THIS ARTICLE TO THE CONTRARY, THE FOLLOWING CATEGORIES OF  PROGRAMS  AND
SERVICES SHALL NOT BE CONSIDERED UNFUNDED MANDATES:

S. 4094                             3

  1. THOSE WHICH ARE REQUIRED TO COMPLY WITH FEDERAL LAWS OR RULES OR TO
MEET  ELIGIBILITY  STANDARDS  FOR  FEDERAL ENTITLEMENTS, SO LONG AS SUCH
MANDATES ARE NOT BROADER THAN FEDERAL ELIGIBILITY STANDARDS;
  2. THOSE WHICH ARE IMPOSED ON BOTH GOVERNMENT AND NON-GOVERNMENT ENTI-
TIES IN THE SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES;
  3.  THOSE  WHICH PERMIT, ESTABLISH OR ENABLE ONLY OPTIONAL PROGRAMS OR
SERVICES;
  4. THOSE WHICH REPEAL, REVISE, OR EASE AN EXISTING MANDATE OR REQUIRE-
MENT, OR WHICH REAPPORTION THE COSTS OF  ACTIVITIES  BETWEEN  BOARDS  OF
EDUCATION, COUNTIES AND MUNICIPALITIES;
  5.  THOSE  WHICH ARISE FROM A RULING BY A COURT OF COMPETENT JURISDIC-
TION;
  6. THOSE WHICH ARE ENACTED AFTER A PUBLIC HEARING, HELD  AFTER  PUBLIC
NOTICE  THAT  UNFUNDED  MANDATES  WILL BE CONSIDERED, FOR WHICH A FISCAL
IMPACT NOTE AS DEFINED IN SECTION FIFTY-ONE OF THE  LEGISLATIVE  LAW  IS
AVAILABLE  AT  THE  TIME OF THE PUBLIC HEARING AND WHICH, IN ADDITION TO
COMPLYING WITH ALL OTHER REQUIREMENTS WITH REGARD TO THE ENACTMENT OF  A
LAW,  ARE  PASSED  BY A TWO-THIRDS VOTE OF BOTH THE SENATE AND ASSEMBLY;
AND
  7. THOSE WHICH ARE THE RESULT OF THE PASSAGE OF A  HOME  RULE  MESSAGE
WHEREBY  A  LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM
OR SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS  ONLY
UPON  THAT  LOCAL  GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE
PROGRAM OR SERVICE.
  S 82. SEVERABILITY. IF ANY CLAUSE, SENTENCE,  PARAGRAPH,  SUBDIVISION,
SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPE-
TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR,
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION  TO  THE  CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART
THEREOF DIRECTLY INVOLVED IN THE  CONTROVERSY  IN  WHICH  SUCH  JUDGMENT
SHALL  HAVE BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE
LEGISLATURE THAT THIS ARTICLE WOULD  HAVE  BEEN  ENACTED  EVEN  IF  SUCH
INVALID PROVISIONS HAD NOT BEEN INCLUDED IN THIS SECTION.
  S  2.  The  legislative law is amended by adding a new section 54-c to
read as follows:
  S 54-C. UNFUNDED MANDATE REFORM PLAN. THE LEGISLATURE MAY  BY  CONCUR-
RENT RESOLUTION PRESCRIBE RULES FOR THE CONSIDERATION AND DISPOSITION OF
AN  UNFUNDED  MANDATE  REFORM  PLAN, AS DEFINED IN ARTICLE FIVE-A OF THE
EXECUTIVE LAW.
  S 3. This act shall take effect immediately.

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