S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6503
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 8, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ROMEO,  SAYEGH,  WILLIAMS, D'URSO, ARROYO --
   Multi-Sponsored by -- M. of A. THIELE -- read once and referred to the
   Committee on Governmental Operations
 
 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.
   § 75. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
 "UNFUNDED MANDATE REFORM ACT".
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08407-01-9
              

 A. 6503                             2
 
 WHICH  CHANGES  ARE  NECESSARY  TO  REDUCE  THE BURDEN OF THESE UNFUNDED
 MANDATES ON POLITICAL SUBDIVISIONS.
   §  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.
   § 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.
   § 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.
   § 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.
   §  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:

 A. 6503                             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.
   § 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.
   §  2.  The  legislative law is amended by adding a new section 54-b to
 read as follows:
   § 54-B. 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.
   § 3. This act shall take effect immediately.