S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4572--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced  by M. of A. DURSO, BENDETT, E. BROWN, GRAY, MANKTELOW, SIMP-
   SON,  BEEPHAN,  BLANKENBUSH,  MAHER,  MILLER,   BRABENEC,   McDONOUGH,
   J. A. GIGLIO,   MORINELLO,   BYRNES,   NORRIS,  MIKULIN,  BLUMENCRANZ,
   K. BROWN, TAGUE, FLOOD, MCGOWAN, SLATER, GANDOLFO,  ANGELINO,  HAWLEY,
   LEMONDES  --  read  once and referred to the Committee on Governmental
   Operations -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the legislative law and the executive law,  in  relation
   to establishing a temporary moratorium on unfunded mandates
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "Mandate
 Relief Act".
   §  2.   The legislative law is amended by adding a new section 51-a to
 read as follows:
   § 51-A. TEMPORARY MORATORIUM ON UNFUNDED MANDATES. 1.  DEFINITIONS. AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09036-03-3
 A. 4572--A                          2
              

 
   (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
 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. FOR A THREE YEAR PERIOD  BEGINNING
 THE  JANUARY  NEXT  SUCCEEDING  THE  EFFECTIVE DATE OF THIS SECTION, AND
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UNFUNDED MANDATES SHALL  NOT
 BE ENACTED.
   3. EXEMPTIONS. A STATE LAW SHALL NOT BE CONSIDERED AN UNFUNDED MANDATE
 WHERE SUCH LAW:
   (A) IS REQUIRED BY A COURT ORDER OR JUDGMENT;
   (B) IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT UNDER A LAW THAT
 IS PERMISSIVE RATHER THAN MANDATORY;
   (C)  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;
   (D) IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLEMENTS A FEDER-
 AL 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;
   (E)  IS  IMPOSED ON BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN THE
 SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES;
   (F) 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
   (G)  IS  NECESSARY  TO  PROTECT  AGAINST AN IMMEDIATE THREAT TO PUBLIC
 HEALTH OR SAFETY.
   § 3. The executive law is amended by adding a new section 50-a to read
 as follows:
   § 50-A. REPORT ON UNFUNDED MANDATES. (1) THE COMPTROLLER, IN CONSULTA-
 TION WITH THE COMMISSIONER OF TAXATION AND FINANCE, SHALL ISSUE A REPORT
 A. 4572--A                          3

 ON THE ANNUAL FISCAL IMPACT ENACTED STATE LEGISLATION HAS ON THE  REVEN-
 UES AND EXPENSES OF LOCAL MUNICIPAL CORPORATIONS IN THE STATE.
   (2) THE REPORT ISSUED BY THE COMPTROLLER SHALL INCLUDE, AT MINIMUM:
   (I) ANNUAL EXPENSES OF EACH MUNICIPAL CORPORATION IN THE STATE ATTRIB-
 UTABLE TO STATEWIDE LEGISLATION ENACTED BY THE STATE LEGISLATURE;
   (II)  AN ANALYSIS OF THE EFFECT THE TEMPORARY UNFUNDED MANDATE MORATO-
 RIUM, ESTABLISHED PURSUANT TO SECTION  FIFTY-ONE-A  OF  THE  LEGISLATIVE
 LAW, HAD ON LOCAL MUNICIPAL CORPORATION REVENUES AND EXPENDITURES; AND
   (III)  RECOMMENDATIONS  AS  TO  WHETHER THE TEMPORARY UNFUNDED MANDATE
 MORATORIUM ENACTED PURSUANT TO SECTION FIFTY-ONE-A  OF  THE  LEGISLATIVE
 LAW SHALL BE EXTENDED, MADE PERMANENT, OR ALLOWED TO EXPIRE.
   (3)  THE COMPTROLLER SHALL PROVIDE A FINAL COPY OF THE REPORT REQUIRED
 BY THIS SECTION TO THE LEGISLATURE NO LATER THAN THE  FIRST  OF  JANUARY
 FOURTH  SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION, AND SHALL PUBLISH
 A FULL COPY OF THE REPORT FOR THE PUBLIC TO VIEW  ON  THE  COMPTROLLER'S
 OFFICIAL WEBSITE.
   § 4. This act shall take effect immediately.