S. 5568 2
998. FISCAL NOTES FOR BILLS ENACTING MANDATES UPON LOCAL GOVERN-
MENTS.
999. SEVERABILITY.
S 991. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "NEW YORK STATE MANDATE RELIEF ACT".
S 992. LEGISLATIVE FINDINGS AND DETERMINATIONS. THE LEGISLATURE HEREBY
FINDS AND DETERMINES THAT UNFUNDED MANDATES ESTABLISHED BY THE STATE
UPON ITS LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND FIRE DISTRICTS, PRES-
ENT A TREMENDOUS FINANCIAL BURDEN UPON THESE LOCALITIES, AS WELL AS THE
PEOPLE OF THE STATE OF NEW YORK.
THE LEGISLATURE HEREBY FURTHER FINDS AND DETERMINES THAT THE COST OF
THESE UNFUNDED MANDATES HAS SERIOUSLY CONTRIBUTED TO THE FINANCIAL CHAL-
LENGES OF THESE LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND FIRE DISTRICTS,
AND HAVE COST THE TAXPAYERS OF THE STATE OF NEW YORK AN ENORMOUS BURDEN
IN REAL PROPERTY TAXES, AS WELL AS LIMITING THE ABILITY OF THESE LOCAL
GOVERNMENTS, SCHOOL DISTRICTS, AND FIRE DISTRICTS TO ENACT MEASURES
WHICH WOULD SAVE BOTH TAXPAYER DOLLARS AND RESPONSIVELY PROVIDE FOR
IMPROVED COMMUNITY SERVICES.
THE LEGISLATURE HEREBY ADDITIONALLY FINDS AND DETERMINES THAT THERE IS
A PRESSING NEED TO DEVELOP COMPREHENSIVE LEGISLATIVE AND ADMINISTRATIVE
CHANGES TO END UNFUNDED MANDATES AND ACCOMPLISH MANDATE RELIEF, AND THAT
IMPORTANT MANDATE RELIEF MEASURES ARE IMMEDIATELY NECESSARY IN ORDER TO
ACCOMPLISH THIS GOAL. THAT IS THE GOAL OF THIS LEGISLATION, IN ESTAB-
LISHING THE COUNCIL ON MANDATE RELIEF, TO CREATE AN EFFECTIVE MECHANISM
TO ELIMINATE UNFUNDED MANDATES, AND TO BEGIN TO RELIEVE LOCAL GOVERN-
MENTS, SCHOOL DISTRICTS, AND FIRE DISTRICTS, AND THE TAXPAYERS THEY
REPRESENT, OF THE CRUSHING BURDEN THAT REAL PROPERTY TAXES CURRENTLY
PLACE UPON ALL NEW YORKERS.
S 993. NEW YORK STATE MANDATE RELIEF COUNCIL. THERE SHALL BE A COUN-
CIL OF MANDATE RELIEF, WHICH SHALL BE INDEPENDENT OF THE LEGISLATIVE,
EXECUTIVE AND JUDICIAL BRANCHES OF STATE GOVERNMENT. THE COUNCIL SHALL
CONSIST OF ELEVEN MEMBERS APPOINTED BY THE GOVERNOR, UPON ADVICE AND
CONSENT OF THE SENATE, AS FOLLOWS:
1. FIVE MEMBERS UPON NOMINATION OF THE GOVERNOR;
2. TWO MEMBERS UPON NOMINATION OF THE TEMPORARY PRESIDENT OF THE
SENATE;
3. TWO MEMBERS UPON NOMINATION OF THE SPEAKER OF THE ASSEMBLY;
4. ONE MEMBER UPON NOMINATION OF THE MINORITY LEADER OF THE SENATE;
AND
5. ONE MEMBER UPON NOMINATION OF THE MINORITY LEADER OF THE ASSEMBLY.
OF THE MEMBERS APPOINTED UPON NOMINATION OF THE GOVERNOR, NO MORE THAN
TWO SHALL BE APPOINTED FROM THE SAME POLITICAL PARTY. THE TERM OF OFFICE
OF THE MEMBERS OF THE COUNCIL SHALL BE FIVE YEARS. VACANCIES IN THE
COUNCIL OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM, SHALL BE FILLED
FOR THE UNEXPIRED TERM IN THE SAME MANNER AS THEIR ORIGINAL APPOINTMENT.
THE COUNCIL SHALL ELECT A CHAIR AND VICE-CHAIR FROM AMONG ITS MEMBERS.
THE CHAIR SHALL BE THE EXECUTIVE OFFICER OF THE COUNCIL. THE CHAIR,
WITHIN BUDGET APPROPRIATIONS THEREFORE, MAY APPOINT SUCH EMPLOYEES,
PRESCRIBE THEIR DUTIES, AND FIX THEIR COMPENSATION, AS NECESSARY FOR THE
SUCCESSFUL OPERATION OF THE COUNCIL. NO MEMBER OF THE COUNCIL SHALL
RECEIVE A SALARY, BUT MAY BE REIMBURSED FOR THEIR NECESSARY AND REASON-
ABLE EXPENSES.
S 993-A. POWERS AND DUTIES OF THE COUNCIL. THE COUNCIL SHALL HAVE THE
FOLLOWING POWERS AND DUTIES:
1. TO MAKE A DETERMINATION, UPON A REVIEW, PURSUANT TO SECTION NINE
HUNDRED NINETY-FOUR OF THIS ARTICLE, AS TO WHETHER A STATUTE, REGU-
S. 5568 3
LATION, RULE OR ORDER IDENTIFIED IN THE RESOLUTION, CONSTITUTES AN
UNFUNDED MANDATE;
2. TO REPEAL A REGULATION, RULE, OR ORDER, DETERMINED, ACCORDING TO
SECTION NINE HUNDRED NINETY-FOUR OF THIS ARTICLE, TO BE AN UNFUNDED
MANDATE, PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE, SECTION NINE
HUNDRED NINETY-FIVE-A AND/OR SECTION NINE HUNDRED NINETY-FIVE-B OF THIS
ARTICLE;
3. TO RECOMMEND TO THE STATE LEGISLATURE TO REPEAL A STATUTE, DETER-
MINED ACCORDING TO SECTION NINE HUNDRED NINETY-FOUR OF THIS ARTICLE TO
BE AN UNFUNDED MANDATE, PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE AND
SECTION NINE HUNDRED NINETY-FIVE-C OF THIS ARTICLE;
4. TO ISSUE REPORTS AND RECOMMENDATIONS TO THE GOVERNOR AND MEMBERS OF
THE LEGISLATURE REGARDING MANDATE RELIEF, PURSUANT TO SECTION NINE
HUNDRED NINETY-SIX OF THIS ARTICLE;
5. TO MEET AS A PUBLIC BODY NOT LESS THAN TWICE A MONTH FOR THE ACCOM-
PLISHMENT OF THE PURPOSES AND PROVISIONS OF THIS ARTICLE;
6. TO ESTABLISH RULES, REGULATIONS AND PROCEDURES AS NECESSARY TO
ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE;
7. TO ENTER INTO CONTRACTS, WITHIN AMOUNTS APPROPRIATED THEREFOR, WITH
INDIVIDUALS, PARTNERSHIPS, CORPORATIONS OR ORGANIZATIONS AS NECESSARY TO
ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE;
8. TO MAKE AND SIGN ANY AGREEMENTS, AND TO DO AND TO PERFORM ANY ACTS,
THAT MAY BE NECESSARY, DESIRABLE OR PROPER TO CARRY OUT THE PURPOSES OF
THIS ARTICLE;
9. TO MAINTAIN AN OFFICIAL RECORD OF ITS MEETINGS, DISCUSSIONS, DELIB-
ERATIONS AND DETERMINATIONS;
10. TO MAINTAIN AN OFFICIAL WEBSITE AND EMAIL ADDRESSES FOR ITS
MEMBERS;
11. TO ACCEPT GIFTS, CONTRIBUTIONS AND BEQUESTS OF UNRESTRICTED FUNDS
FROM INDIVIDUALS, PARTNERSHIPS, CORPORATIONS OR ORGANIZATIONS AS NECES-
SARY TO ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE; AND
12. TO EXERCISE AND PERFORM SUCH OTHER POWERS AND DUTIES AS NECESSARY
TO ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE.
S 993-B. ASSISTANCE OF OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
THIS ARTICLE, THE COUNCIL MAY REQUEST FROM ANY DEPARTMENT, BOARD,
BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE, AND THE SAME ARE
AUTHORIZED TO PROVIDE, SUCH ASSISTANCE, SERVICES AND DATA AS WILL ENABLE
THE COUNCIL PROPERLY TO CARRY OUT ITS POWERS AND DUTIES AS PROVIDED IN
SUBDIVISION TWO OF THIS SECTION.
S 994. DETERMINATION OF UNFUNDED MANDATE. 1. UPON THE REQUEST OF THE
GOVERNING BODY OF A CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT, PURSUANT
TO SECTION NINE HUNDRED NINETY-FOUR-A OF THIS ARTICLE, OR UPON A REQUEST
OF A SCHOOL DISTRICT, PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR-B OF
THIS ARTICLE, OR UPON A REQUEST OF A FIRE DISTRICT, WATER DISTRICT OR
OTHER SPECIAL DISTRICT PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR-C OF
THIS ARTICLE, THE COUNCIL SHALL MAKE A DETERMINATION AS TO WHETHER A
STATUTE, REGULATION, RULE OR ORDER IS AN UNFUNDED MANDATE.
2. UPON THE SUBMISSION OF A DEPARTMENT, DIVISION, OFFICE, BUREAU OR
OTHER AGENCY OF STATE GOVERNMENT, PURSUANT TO SECTION NINE HUNDRED NINE-
TY-FOUR-D OF THIS ARTICLE, THE COUNCIL SHALL MAKE A DETERMINATION AS TO
WHETHER A STATUTE, REGULATION, RULE OR ORDER IS AN UNFUNDED MANDATE.
3. THE COUNCIL, UPON RECEIPT OF THE REQUEST OR SUBMISSION PURSUANT TO
SECTION NINE HUNDRED NINETY-FOUR-A, SECTION NINE HUNDRED NINETY-FOUR-B,
SECTION NINE HUNDRED NINETY-FOUR-C OR NINE HUNDRED NINETY-FOUR-D OF THIS
ARTICLE SHALL HAVE NINETY DAYS TO MAKE A DETERMINATION AS TO WHETHER THE
STATUTE, REGULATION, RULE OR ORDER CONTAINED IN THE REQUEST OR
S. 5568 4
SUBMISSION SHALL BE DEEMED TO CONSTITUTE AN UNFUNDED MANDATE. IN MAKING
SUCH DETERMINATION, THE COUNCIL SHALL CONSIDER IF THE STATUTE, REGU-
LATION, RULE OR ORDER LEGALLY REQUIRES THE CITY, TOWN, VILLAGE OR COUNTY
GOVERNMENT, SCHOOL DISTRICT, FIRE DISTRICT, WATER DISTRICT OR OTHER
SPECIAL DISTRICT TO PERFORM AN ACT, OR REFRAIN FROM ACTING, IN A MATERI-
AL MANNER AND WITH A MATERIAL COST. IN FURTHER MAKING ITS DETERMINATION,
THE COUNCIL SHALL FURTHER CONSIDER IF THE COST INCURRED AS A RESULT OF
THE GOVERNMENT OR DISTRICT COMPLYING WITH THE STATUTE, REGULATION, RULE
OR ORDER IS NOT REIMBURSED TO THE GOVERNMENT OR DISTRICT BY EITHER THE
FEDERAL OR STATE GOVERNMENT, OR IF SUCH GOVERNMENT OR DISTRICT IS NOT
OTHERWISE PROVIDED WITH THE ABILITY TO COLLECT A FEE OR OTHER MONIES IN
RETURN FOR THE COMPLIANCE WITH SUCH STATUTE, REGULATION, RULE OR ORDER.
4. THE COUNCIL NEED NOT CONSIDER A REQUEST FOR DETERMINATION PURSUANT
TO SUBDIVISION ONE OF THIS SECTION IF THE COUNCIL HAS PREVIOUSLY MADE A
DETERMINATION WITHIN FIVE YEARS OF THE REQUEST, REGARDING THE SAME EXACT
STATUTORY PROVISION OR REGULATION. IN THE EVENT THAT THE COUNCIL
DECLINES TO CONSIDER A REQUEST FOR A DETERMINATION PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION, THE COUNCIL SHALL NOTIFY THE CITY, TOWN,
VILLAGE OR COUNTY, IN WRITING, OF ITS DECLINATION TO CONSIDER THE
REQUEST, AND SHALL PROVIDE THE CITY, TOWN, VILLAGE OR COUNTY WITHIN SUCH
NOTIFICATION WITH A COPY OF THE COUNCIL'S PREVIOUS DETERMINATION ON THE
SAME EXACT STATUTORY PROVISION OR REGULATION.
5. THE COUNCIL SHALL MAKE ITS DETERMINATION AS TO WHETHER THE STATUTE,
REGULATION, RULE OR ORDER CONTAINED IN THE REQUEST OR SUBMISSION CONSTI-
TUTES AN UNFUNDED MANDATE, BY MEANS OF A MAJORITY VOTE OF ALL THE
MEMBERS OF THE COUNCIL, AFTER DUE CONSIDERATION OF THE FACTS AND UPON
DUE DELIBERATION AND DISCUSSION OF THE MEMBERS. THE MEETING TO CONSIDER
WHETHER A REQUESTED STATUTE, REGULATION, RULE OR ORDER CONTAINED IN THE
REQUEST CONSTITUTES AN UNFUNDED MANDATE, AND ALL THE DELIBERATIONS AND
DISCUSSIONS AT SUCH MEETING, SHALL BE SUBJECT TO THE PROVISIONS OF ARTI-
CLE SEVEN OF THE PUBLIC OFFICERS LAW. IN THE EVENT THAT THE COUNCIL
DETERMINES THAT THE STATUTE, REGULATION, RULE OR ORDER CONSTITUTES AN
UNFUNDED MANDATE, IT SHALL NOTIFY THE GOVERNMENT OR DISTRICT WHO MADE
THE REQUEST, OR THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY
OF STATE GOVERNMENT THAT MADE THE SUBMISSION, AND POST AND PUBLISH A
RECORD OF SUCH DETERMINATION ON THE OFFICIAL WEBSITE OF THE COUNCIL.
6. NOTWITHSTANDING ANYTHING IN THIS SUBDIVISION TO THE CONTRARY, THE
FOLLOWING CATEGORIES OF STATUTES, REGULATIONS, RULES OR ORDERS, SHALL
NOT BE CONSIDERED UNFUNDED MANDATES:
A. THOSE WHICH ARE REQUIRED TO COMPLY WITH FEDERAL LAWS OR RULES OR TO
MEET ELIGIBILITY STANDARDS FOR FEDERAL ENTITLEMENTS;
B. THOSE WHICH REPEAL, REVISE OR EASE AN EXISTING REQUIREMENT OR
MANDATE OR WHICH REAPPORTION THE COSTS OF ACTIVITIES BETWEEN BOARDS OF
EDUCATION, COUNTIES, AND MUNICIPALITIES;
C. THOSE WHICH STEM FROM FAILURE TO COMPLY WITH PREVIOUSLY ENACTED
LAWS OR RULES OR REGULATIONS ISSUED PURSUANT TO LAW;
D. THOSE WHICH IMPLEMENT THE PROVISIONS OF THE STATE CONSTITUTION; AND
E. THOSE STATUTES WHICH ARE ENACTED AFTER A PUBLIC HEARING, HELD AFTER
PUBLIC NOTICE THAT UNFUNDED MANDATES WILL BE CONSIDERED, FOR WHICH A
FISCAL ANALYSIS IS AVAILABLE AT THE TIME OF THE PUBLIC HEARING AND
WHICH, IN ADDITION TO COMPLYING WITH ALL OTHER CONSTITUTIONAL REQUIRE-
MENTS WITH REGARD TO THE ENACTMENT OF LAWS, ARE PASSED BY AN AFFIRMATIVE
VOTE OF THE MEMBERS OF EACH HOUSE OF THE LEGISLATURE AND SIGNED INTO LAW
BY THE GOVERNOR.
7. NOTWITHSTANDING THE DETERMINATION OF ANY COURT OF COMPETENT JURIS-
DICTION, THE COUNCIL SHALL RESOLVE ANY DISPUTE REGARDING WHETHER SUCH A
S. 5568 5
STATUTE, REGULATION, RULE OR ORDER CONSTITUTES SUCH AN UNFUNDED MANDATE.
THE DECISIONS OF THE COUNCIL WITH RESPECT TO WHETHER A STATUTE, REGU-
LATION, RULE OR ORDER, WHICH CONSTITUTES AN UNFUNDED MANDATE SHALL NOT
BE JUDICIAL DETERMINATIONS.
S 994-A. REQUEST BY A CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT. ANY
CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT MAY MAKE A REQUEST OF THE COUN-
CIL TO REVIEW A STATUTE, REGULATION, RULE OR ORDER OF STATE GOVERNMENT,
TO DETERMINE WHETHER SUCH STATUTE, REGULATION, RULE OR ORDER CONSTITUTES
AN UNFUNDED STATE MANDATE. THE REQUEST FOR A DETERMINATION SHALL BE MADE
BY MEANS OF A RESOLUTION PASSED BY A MAJORITY OF THE TOTAL MEMBERS OF
THE GOVERNING BODY OF THE CITY, TOWN, VILLAGE OR COUNTY AND TRANSMITTED
TO THE COUNCIL WITHIN NINETY DAYS OF THE PASSING OF SUCH RESOLUTION. THE
REQUEST OF THE GOVERNING BODY SHALL ALSO SPECIFICALLY IDENTIFY THE STAT-
UTE, REGULATION, RULE OR ORDER IN QUESTION. A REQUEST OF THE GOVERNING
BODY SHALL FURTHER CONTAIN ONLY ONE STATUTE, REGULATION, RULE OR ORDER
UPON WHICH A DETERMINATION IS SOUGHT. NO CITY, TOWN, VILLAGE OR COUNTY
GOVERNMENT, SHALL MAKE MORE THAN TEN REQUESTS OF THE COUNCIL FOR A
DETERMINATION IN ANY CALENDAR YEAR.
S 994-B. REQUEST BY A SCHOOL DISTRICT. ANY SCHOOL DISTRICT MAY MAKE A
REQUEST OF THE COUNCIL TO REVIEW A STATUTE, REGULATION, RULE OR ORDER OF
STATE GOVERNMENT, TO DETERMINE WHETHER SUCH STATUTE, REGULATION, RULE OR
ORDER CONSTITUTES AN UNFUNDED STATE MANDATE. THE REQUEST FOR A DETERMI-
NATION SHALL BE MADE BY MEANS OF A RESOLUTION PASSED BY A MAJORITY OF
THE TOTAL MEMBERS OF THE GOVERNING BODY OF THE SCHOOL DISTRICT AND TRAN-
SMITTED TO THE COUNCIL WITHIN NINETY DAYS OF THE PASSING OF SUCH RESOL-
UTION. THE REQUEST OF THE GOVERNING BODY SHALL ALSO SPECIFICALLY IDENTI-
FY THE STATUTE, REGULATION, RULE OR ORDER IN QUESTION. A REQUEST OF THE
GOVERNING BODY SHALL FURTHER CONTAIN ONLY ONE STATUTE, REGULATION, RULE
OR ORDER UPON WHICH A DETERMINATION IS SOUGHT. NO SCHOOL DISTRICT,
SHALL MAKE MORE THAN FIVE REQUESTS OF THE COUNCIL FOR A DETERMINATION IN
ANY CALENDAR YEAR.
S 994-C. REQUEST BY A FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL
DISTRICT. ANY FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT
MAY MAKE A REQUEST OF THE COUNCIL TO REVIEW A STATUTE, REGULATION, RULE
OR ORDER OF STATE GOVERNMENT, TO DETERMINE WHETHER SUCH STATUTE, REGU-
LATION, RULE OR ORDER CONSTITUTES AN UNFUNDED STATE MANDATE. THE REQUEST
FOR A DETERMINATION SHALL BE MADE BY MEANS OF A RESOLUTION PASSED BY A
MAJORITY OF THE TOTAL MEMBERS OF THE GOVERNING BODY OF THE FIRE
DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT AND TRANSMITTED TO
THE COUNCIL WITHIN NINETY DAYS OF THE PASSING OF SUCH RESOLUTION. THE
REQUEST OF THE GOVERNING BODY SHALL ALSO SPECIFICALLY IDENTIFY THE STAT-
UTE, REGULATION, RULE OR ORDER IN QUESTION. A REQUEST OF THE GOVERNING
BODY SHALL FURTHER CONTAIN ONLY ONE STATUTE, REGULATION, RULE OR ORDER
UPON WHICH A DETERMINATION IS SOUGHT. NO FIRE DISTRICT, WATER DISTRICT
OR OTHER SPECIAL DISTRICT, SHALL MAKE MORE THAN TWO REQUESTS OF THE
COUNCIL FOR A DETERMINATION IN ANY CALENDAR YEAR.
S 994-D. NEW REGULATIONS PROPOSED BY STATE GOVERNMENT. ALL DEPART-
MENTS, DIVISIONS, OFFICES, BUREAUS OR OTHER AGENCIES OF STATE GOVERN-
MENT, UPON THE PROMULGATION OF A NEW REGULATION, RULE OR ORDER, OR THE
AMENDMENT OF AN EXISTING REGULATION, RULE OR ORDER, WHICH WOULD REQUIRE
ANY CITY, TOWN, VILLAGE OR COUNTY, SCHOOL DISTRICT, FIRE DISTRICT, WATER
DISTRICT OR OTHER SPECIAL DISTRICT, TO TAKE ANY ACTION, PERFORM ANY
DUTY, MAKE ANY EXPENDITURE, OR INCUR ANY COST, MUST BE SUBMITTED TO THE
COUNCIL FOR A DETERMINATION, PURSUANT TO SECTION NINE HUNDRED
NINETY-FOUR OF THIS ARTICLE, AS TO WHETHER SUCH NEW REGULATION, RULE OR
ORDER, OR THE AMENDMENT OF AN EXISTING REGULATION, RULE OR ORDER CONSTI-
S. 5568 6
TUTES AN UNFUNDED MANDATE. THE SUBMISSION BY THE DEPARTMENT, DIVISION,
OFFICE, BUREAU OR OTHER AGENCY OF STATE GOVERNMENT, SHALL PROVIDE THE
REGULATION, RULE OR ORDER IN QUESTION, TOGETHER WITH AN ANALYSIS AND
JUSTIFICATION FOR REGULATION, RULE OR ORDER IN QUESTION, PREPARED BY THE
COUNSEL FOR THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
THE STATE GOVERNMENT, A COUNSEL WITHIN THE GOVERNOR'S COUNSEL'S OFFICE
OR AN ATTORNEY FROM THE NEW YORK STATE DEPARTMENT OF LAW. NO REGULATION,
RULE OR ORDER REQUIRED TO BE SUBMITTED PURSUANT TO THIS SECTION SHALL
TAKE EFFECT PRIOR TO A DETERMINATION OF THE COUNCIL THAT SUCH REGU-
LATION, RULE OR ORDER IS NOT AN UNFUNDED MANDATE, OR PRIOR TO A DETERMI-
NATION OF THE COUNCIL THAT SUCH REGULATION, RULE OR ORDER IS AN UNFUNDED
MANDATE BUT THAT SUCH REGULATION, RULE OR ORDER SHOULD NOT BE REPEALED
PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-B OF THIS ARTICLE, UNLESS
THE COUNSEL FOR THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY
OF STATE GOVERNMENT, A COUNSEL WITHIN THE GOVERNOR'S COUNSEL'S OFFICE OR
AN ATTORNEY FROM THE NEW YORK STATE DEPARTMENT OF LAW, PROVIDES A LEGAL
DETERMINATION WITH THE SUBMISSION REQUIRED PURSUANT TO THIS SECTION,
THAT THE FAILURE TO IMMEDIATELY ESTABLISH THE REGULATION, RULE OR ORDER
WOULD RESULT IN SUBSTANTIAL AND IMMEDIATE HARM TO THE PEOPLE OF THE
STATE OF NEW YORK.
S 995. CONSIDERATION OF THE ISSUE OF REPEAL OF AN UNFUNDED MANDATE.
WITHIN TWENTY-ONE DAYS OF MAKING A DETERMINATION THAT A STATUTE, REGU-
LATION, RULE OR ORDER CONSTITUTES AN UNFUNDED MANDATE, THE COUNCIL SHALL
MEET TO CONSIDER THE ISSUE OF THE REPEAL OF THE STATUTE, REGULATION,
RULE OR ORDER. THE MEETING TO CONSIDER THE ISSUE OF THE REPEAL OF THE
STATUTE, REGULATION, RULE OR ORDER DETERMINED TO BE AN UNFUNDED MANDATE,
AND ALL THE DELIBERATIONS AND DISCUSSIONS AT SUCH MEETING, SHALL BE
SUBJECT TO THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
S 995-A. REPEAL OF UNFUNDED MANDATES CONTAINED IN CURRENT REGULATIONS.
UPON MEETING TO CONSIDER THE ISSUE OF A REPEAL OF AN UNFUNDED MANDATE,
PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS ARTICLE, THE COUN-
CIL SHALL MAKE ITS DETERMINATION AS TO WHETHER THE REGULATION, RULE OR
ORDER DETERMINED TO BE AN UNFUNDED MANDATE PURSUANT TO A REQUEST MADE
UNDER SUBDIVISION ONE OF SECTION NINE HUNDRED NINETY-FOUR OF THIS ARTI-
CLE, SHALL BE REPEALED, BY MEANS OF A MAJORITY VOTE OF ALL THE MEMBERS
OF THE COUNCIL, AFTER DUE CONSIDERATION OF THE FACTS AND UPON DUE DELIB-
ERATION AND DISCUSSION OF THE MEMBERS. IN THE EVENT THE COUNCIL DETER-
MINES THAT THE REGULATION, RULE OR ORDER IN QUESTION SHALL BE REPEALED,
THE COUNCIL SHALL INFORM, IN WRITING, THE DEPARTMENT, DIVISION, OFFICE,
BUREAU OR OTHER AGENCY OF STATE GOVERNMENT WHICH PROMULGATED OR ISSUED
THE REGULATION, RULE OR ORDER IN QUESTION, AS WELL AS THE GOVERNMENT OR
DISTRICT THAT REQUESTED IT TO BE DETERMINED AN UNFUNDED MANDATE, AND
THEREAFTER SUCH REGULATION, RULE OR ORDER SHALL EXPIRE AND BE DEEMED
REPEALED, WITHIN SIXTY DAYS OF THE DATE UPON WHICH THE COUNCIL INFORMED,
IN WRITING, THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
STATE GOVERNMENT WHICH PROMULGATED OR ISSUED THE REGULATION, RULE OR
ORDER IN QUESTION. IN NO EVENT SHALL THE DEPARTMENT, DIVISION, OFFICE,
BUREAU OR OTHER AGENCY OF STATE GOVERNMENT WHICH PROMULGATED OR ISSUED
THE ORIGINAL REGULATION, RULE OR ORDER IN QUESTION, REPROMULGATE, REIS-
SUE OR REINSTATE THE REGULATION, RULE OR ORDER IN QUESTION, WITHOUT
HAVING FIRST OBTAINED STATUTORY PERMISSION TO DO THE SAME BY MEANS OF AN
ACT OF THE STATE LEGISLATURE.
S 995-B. REPEAL OF UNFUNDED MANDATES CONTAINED IN PROPOSED REGU-
LATIONS. UPON MEETING TO CONSIDER THE ISSUE OF A REPEAL OF AN UNFUNDED
MANDATE, PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS ARTICLE,
THE COUNCIL SHALL MAKE ITS DETERMINATION AS TO WHETHER THE REGULATION,
S. 5568 7
RULE OR ORDER, DETERMINED TO BE AN UNFUNDED MANDATE PURSUANT TO A
SUBMISSION MADE UNDER SUBDIVISION TWO OF SECTION NINE HUNDRED
NINETY-FOUR OF THIS ARTICLE, SHALL BE REPEALED, BY MEANS OF A MAJORITY
VOTE OF ALL THE MEMBERS OF THE COUNCIL, AFTER DUE CONSIDERATION OF THE
FACTS AND UPON DUE DELIBERATION AND DISCUSSION OF THE MEMBERS. IN THE
EVENT THE COUNCIL DETERMINES THAT THE REGULATION, RULE OR ORDER IN QUES-
TION SHALL BE REPEALED, THE COUNCIL SHALL INFORM, IN WRITING, THE
DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF STATE GOVERNMENT
WHICH PROMULGATED OR ISSUED THE REGULATION, RULE OR ORDER IN QUESTION,
AND THEREAFTER SUCH REGULATION, RULE OR ORDER SHALL EXPIRE AND BE DEEMED
REPEALED, WITHIN SIXTY DAYS OF THE DATE UPON WHICH THE COUNCIL INFORMS,
IN WRITING, THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
STATE GOVERNMENT WHICH PROMULGATED OR ISSUED THE REGULATION, RULE OR
ORDER IN QUESTION. IN NO EVENT SHALL THE DEPARTMENT, DIVISION, OFFICE,
BUREAU OR OTHER AGENCY OF STATE GOVERNMENT WHICH PROMULGATED OR ISSUED
THE ORIGINAL REGULATION, RULE OR ORDER IN QUESTION, REPROMULGATE, REIS-
SUE OR REINSTATE THE REGULATION, RULE OR ORDER IN QUESTION, WITHOUT
HAVING FIRST OBTAINED STATUTORY PERMISSION TO DO THE SAME BY MEANS OF AN
ACT OF THE STATE LEGISLATURE.
S 995-C. REPEAL OF UNFUNDED MANDATES CONTAINED IN STATUTE. 1. UPON
MEETING TO CONSIDER THE ISSUE OF A REPEAL OF AN UNFUNDED MANDATE, PURSU-
ANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS ARTICLE, THE COUNCIL
SHALL MAKE ITS DETERMINATION AS TO WHETHER THE STATUTE DETERMINED TO BE
AN UNFUNDED MANDATE PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR OF THIS
ARTICLE, SHOULD BE ENDORSED BY THE COUNCIL FOR REPEAL, BY MEANS OF A
MAJORITY VOTE OF ALL THE MEMBERS OF THE COUNCIL, AFTER DUE CONSIDERATION
OF THE FACTS AND UPON DUE DELIBERATION AND DISCUSSION OF THE MEMBERS. IN
THE EVENT THE COUNCIL DETERMINES THAT THE STATUTE SHOULD BE ENDORSED BY
THE COUNCIL FOR REPEAL, THE COUNCIL SHALL INFORM, IN WRITING, ALL THE
ENTITIES AFFECTED BY SUCH STATUTE IN QUESTION, AS WELL AS THE GOVERNMENT
OR DISTRICT THAT REQUESTED IT TO BE DETERMINED AN UNFUNDED MANDATE
PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR OF THIS ARTICLE, AND THERE-
AFTER THE COUNCIL SHALL FORWARD SUCH STATUTE, TOGETHER WITH ITS ENDORSE-
MENT, TO THE LEGISLATURE, AS PROVIDED BY THIS SECTION.
2. WHENEVER THE COUNCIL VOTES TO ENDORSE THE REPEAL OF A STATUTE AS AN
UNFUNDED MANDATE, PURSUANT TO THE PROCEDURES OF SUBDIVISION ONE OF THIS
SECTION, IT SHALL PREPARE A BILL FOR POSSIBLE SUBMISSION TO THE LEGISLA-
TURE, CONCERNING THE REPEAL OF THE STATUTE ENDORSED FOR REPEAL THAT THE
COUNCIL DETERMINED TO BE AN UNFUNDED MANDATE PURSUANT TO SECTION NINE
HUNDRED NINETY-FOUR OF THIS ARTICLE. SUCH BILL SHALL INCLUDE THE NECES-
SARY PROVISIONS FOR REPEAL OF SUCH STATUTE, AS WELL AS ANY OTHER
PROVISIONS NECESSARY TO EFFECTUATE THE CONTINUED OPERATIONS OF STATE OR
LOCAL GOVERNMENT, WHICH WOULD BE REQUIRED AS A RESULT OF THE REPEAL.
3. UPON THE DRAFTING OF THE BILL AS PROVIDED IN SUBDIVISION TWO OF
THIS SECTION, THE COUNCIL SHALL CONSIDER WHETHER IT SHOULD PRESENT SUCH
BILL TO THE LEGISLATURE AS AN ENDORSED STATUTORY REPEAL BILL. THE MEET-
ING TO CONSIDER WHETHER THE COUNCIL SHALL PRESENT SUCH BILL TO THE STATE
LEGISLATURE AS AN ENDORSED STATUTORY REPEAL BILL OF THE COUNCIL, AND ALL
THE DELIBERATIONS AND DISCUSSIONS AT SUCH MEETING, SHALL BE SUBJECT TO
THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. THE COUNCIL
SHALL MAKE ITS DETERMINATION AS TO WHETHER THE COUNCIL SHOULD PRESENT
SUCH BILL TO THE LEGISLATURE AS AN ENDORSED STATUTORY REPEAL BILL OF THE
COUNCIL, BY MEANS OF A MAJORITY VOTE OF ALL THE MEMBERS OF THE COUNCIL,
AFTER DUE CONSIDERATION OF THE FACTS AND UPON DUE DELIBERATION AND
DISCUSSION OF THE MEMBERS. IN THE EVENT THE COUNCIL DETERMINES THAT THE
COUNCIL SHALL PRESENT SUCH BILL TO THE STATE LEGISLATURE AS AN ENDORSED
S. 5568 8
STATUTORY REPEAL BILL OF THE COUNCIL, THE COUNCIL SHALL INFORM, IN WRIT-
ING, ALL THE ENTITIES AFFECTED BY THE REPEAL OF SUCH STATUTE IN QUES-
TION, AS WELL AS THE GOVERNMENT OR DISTRICT THAT REQUESTED IT TO BE
DETERMINED AN UNFUNDED MANDATE, AND THEREAFTER THE COUNCIL SHALL FORWARD
SUCH ENDORSED STATUTORY REPEAL BILL OF THE COUNCIL, TO BOTH HOUSES OF
THE LEGISLATURE, BY MEANS OF THE OFFICE OF THE SPEAKER OF THE ASSEMBLY
AND BY MEANS OF THE OFFICE OF THE TEMPORARY PRESIDENT OF THE SENATE,
TOGETHER WITH COPIES OF SUCH ENDORSED STATUTORY REPEAL BILL OF THE
COMMISSION TO THE OFFICE OF THE GOVERNOR AND THE OFFICE OF THE MINORITY
LEADER OF THE ASSEMBLY AND THE OFFICE OF THE MINORITY LEADER IN THE
SENATE.
4. IN NO EVENT SHALL THE COUNCIL PRESENT AN ENDORSED STATUTORY REPEAL
BILL TO THE LEGISLATURE:
A. MORE THAN TWICE IN ANY MONTH;
B. IF THE LEGISLATURE IS NOT IN REGULAR SESSION; AND/OR
C. IF MORE THAN SIXTY DAYS HAS ELAPSED SINCE THE VOTE WAS TAKEN BY THE
COUNCIL TO ENDORSE THE REPEAL OF THE STATUTE IN QUESTION PURSUANT TO
SUBDIVISION ONE OF THIS SECTION.
5. IN THE EVENT THE LEGISLATURE WAS NOT IN REGULAR SESSION WITHIN THE
SIXTY DAYS AFTER THE VOTE WAS TAKEN BY THE COUNCIL TO ENDORSE THE REPEAL
OF THE STATUTE IN QUESTION, THE COUNCIL MAY PRESENT SUCH ENDORSED STATU-
TORY REPEAL BILL TO THE LEGISLATURE, IN THE MANNER PROVIDED IN SUBDIVI-
SION THREE OF THIS SECTION, ANY TIME WITHIN THE FIRST SEVEN DAYS THE
LEGISLATURE NEXT CONVENES OR RECONVENES IN REGULAR SESSION. IN NO EVENT
HOWEVER, MAY THE COUNCIL PRESENT MORE THAN FIFTEEN ENDORSED STATUTORY
REPEAL BILLS TO THE LEGISLATURE IN ANY CALENDAR YEAR.
6. UPON ITS PROPER PRESENTMENT TO THE LEGISLATURE, THE ENDORSED STATU-
TORY REPEAL BILL SHALL BE VOTED ON BY EACH HOUSE OF THE LEGISLATURE,
WITHOUT AMENDMENT AS PRESENTED BY THE COUNCIL, WITHIN THIRTY DAYS AFTER
ITS PROPER PRESENTMENT. THE COUNCIL MAY AMEND THE ENDORSED STATUTORY
REPEAL BILL ONE TIME WITHIN SUCH THIRTY DAY PERIOD, WHEREUPON BOTH HOUS-
ES OF THE LEGISLATURE SHALL THEN HAVE THIRTY DAYS FROM THE SUBMISSION OF
SUCH AMENDMENT TO VOTE ON THE AMENDED ENDORSED STATUTORY REPEAL BILL.
WITHOUT THE CONSENT OF BOTH HOUSES OF THE LEGISLATURE, NEITHER AN
ENDORSED STATUTORY REPEAL BILL, NOR AN AMENDMENT MAY BE SUBMITTED BY THE
COUNCIL AFTER THE THIRTIETH DAY OF MAY IN ANY YEAR.
7. UNDER PROVISIONS CONTAINED IN AN ENDORSED STATUTORY REPEAL BILL, A
PROVISION OF SUCH BILL MAY BE EFFECTIVE AT A TIME LATER THAN THE DATE ON
WHICH THE BILL OTHERWISE IS EFFECTIVE.
S 996. REPORTS AND RECOMMENDATIONS OF THE NEW YORK STATE MANDATE
RELIEF COUNCIL. IN ADDITION TO ALL OTHER ACTIVITIES OF THE COUNCIL, IT
SHALL ALSO MAKE, UPON A MAJORITY VOTE OF THE MEMBERS OF ITS BOARD, SUCH
PUBLIC REPORTS AND RECOMMENDATIONS AS IT DEEMS NECESSARY FOR THE
ADVANCEMENT OF ITS POWERS AND DUTIES. ALL MEETINGS TO CONSIDER WHETHER
TO MAKE OR ISSUE SUCH A PUBLIC REPORT OR RECOMMENDATION, AND ALL THE
DELIBERATIONS AND DISCUSSIONS AT SUCH MEETINGS, SHALL BE SUBJECT TO THE
PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. IN ADDITION TO
ALL OTHER REPORTS AND RECOMMENDATIONS THAT THE COUNCIL MAY VOTE TO MAKE,
THE COUNCIL SHALL PRODUCE AND PROVIDE AN ANNUAL REPORT OF THE COUNCIL,
ITS ACTIVITIES, AND THE ISSUES, STATUTES, REGULATIONS, RULES AND ORDERS
WHICH IT EXAMINED AND CONSIDERED. SUCH ANNUAL REPORT SHALL BE PRODUCED
AND ISSUED NO LATER THAN THE FIFTEENTH DAY OF DECEMBER, AND SHALL BE
PRESENTED TO EACH HOUSE OF THE LEGISLATURE, BY MEANS OF THE OFFICE OF
THE SPEAKER OF THE ASSEMBLY AND BY MEANS OF THE OFFICE OF THE TEMPORARY
PRESIDENT OF THE SENATE, TOGETHER WITH COPIES OF SUCH ANNUAL REPORT TO
THE OFFICE OF THE GOVERNOR AND THE OFFICE OF THE MINORITY LEADER OF THE
S. 5568 9
ASSEMBLY AND THE OFFICE OF THE MINORITY LEADER IN THE SENATE. THE ANNUAL
REPORT OF THE COUNCIL SHALL ALSO BE POSTED FOR PUBLIC REVIEW UPON THE
COUNCIL'S WEBSITE.
S 997. COMPTROLLER REPORT OF UNFUNDED MANDATES. ON OR BEFORE THE THIR-
TY-FIRST DAY OF DECEMBER, TWO THOUSAND ELEVEN, AND THEN EVERY FIVE YEARS
THEREAFTER, THE OFFICE OF THE STATE COMPTROLLER SHALL ISSUE A REPORT TO
THE LEGISLATURE, BY MEANS OF THE OFFICE OF THE SPEAKER OF THE ASSEMBLY
AND BY MEANS OF THE OFFICE OF THE TEMPORARY PRESIDENT OF THE SENATE,
TOGETHER WITH COPIES OF SUCH ANNUAL REPORT TO THE OFFICE OF THE GOVERNOR
AND THE OFFICE OF THE MINORITY LEADER OF THE ASSEMBLY AND THE OFFICE OF
THE MINORITY LEADER IN THE SENATE ON THE ISSUE OF UNFUNDED MANDATES BY
THE FEDERAL AND STATE GOVERNMENT UPON THE CITIES, TOWNS, VILLAGES AND
COUNTY GOVERNMENTS, SCHOOL DISTRICTS, FIRE DISTRICTS, WATER DISTRICTS,
AND OTHER SPECIAL DISTRICTS THROUGHOUT NEW YORK STATE. SUCH REPORT SHALL
DETAIL, IN SPECIFICITY, THE FINANCIAL IMPLICATIONS OF SUCH MANDATES UPON
SUCH GOVERNMENTS AND DISTRICTS, AND THEIR REAL PROPERTY TAXPAYERS, AS
WELL AT THE METHODS AND MEANS THAT HAVE BEEN USED BY SUCH GOVERNMENTS
AND DISTRICTS TO ADDRESS SUCH MANDATES. SUCH REPORT SHALL FURTHER OFFER
RECOMMENDATIONS TO THE STATE LEGISLATURE AND TO CITIES, TOWNS, VILLAGES
AND COUNTY GOVERNMENTS, SCHOOL DISTRICTS, FIRE DISTRICTS, WATER
DISTRICTS AND OTHER SPECIAL DISTRICTS THROUGHOUT NEW YORK STATE.
S 998. FISCAL NOTES FOR BILLS ENACTING MANDATES UPON LOCAL GOVERN-
MENTS. ANY BILL WHICH REQUIRES A CITY, TOWN, VILLAGE OR COUNTY GOVERN-
MENT, SCHOOL DISTRICT, FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL
DISTRICT TO TAKE ANY ACTION, OR REFRAIN FROM TAKING ANY ACTION, AND
WHICH DOES NOT CONTAIN AN APPROPRIATION FOR SUCH CITY, TOWN, VILLAGE OR
COUNTY GOVERNMENT, SCHOOL DISTRICT, FIRE DISTRICT, WATER DISTRICT OR
OTHER SPECIAL DISTRICT TO COVER THE COST OF TAKING SUCH REQUIRED ACTION,
OR REFRAINING FROM TAKING SUCH ACTION, SHALL CONTAIN A FISCAL NOTE,
PRINTED ON THE BOTTOM OF THE BILL, STATING THE ESTIMATED ANNUAL COST
SUCH CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT, SCHOOL DISTRICT, FIRE
DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT WILL INCUR IN THE
EVENT SUCH BILL IS ENACTED, AND THE SOURCE OF SUCH ESTIMATE. FOR THE
PURPOSE OF COMPLYING WITH THIS SECTION, THE OFFICE OF THE STATE COMP-
TROLLER, UPON A REQUEST FROM A MEMBER OF THE SENATE OR ASSEMBLY FOR SUCH
A FISCAL NOTE, SHALL ISSUE AND PROVIDE SUCH FISCAL NOTE TO SUCH MEMBER
OF THE SENATE OR ASSEMBLY, WITHIN FIFTEEN DAYS OF SUCH REQUEST.
S 999. 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. Section 51 of the legislative law, as added by chapter 985 of the
laws of 1983, is amended to read as follows:
S 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] IN ADDITION TO THE PROVISIONS OF SECTION NINE HUNDRED NINE-
TY-EIGHT OF THE GENERAL MUNICIPAL LAW, THE legislature [shall] MAY by
concurrent resolution of the senate and assembly prescribe rules requir-
ing fiscal notes to accompany, on a separate form, bills and amendments
S. 5568 10
to bills, except as otherwise prescribed by such rules, which would
substantially affect the revenues or expenses, or both, of any political
subdivision.
3. [Fiscal] EXCEPT AS TO THE EXTENT REQUIRED IN THE PROVISIONS OF
SECTION NINE HUNDRED NINETY-EIGHT OF THE GENERAL MUNICIPAL LAW, 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.
S 3. The legislative law is amended by adding a new section 54-c to
read as follows:
S 54-C. ENDORSED STATUTORY REPEAL BILLS FROM THE NEW YORK STATE
MANDATE RELIEF COUNCIL. THE LEGISLATURE MAY BY CONCURRENT RESOLUTION
PRESCRIBE RULES FOR THE CONSIDERATION AND DISPOSITION OF ENDORSED STATU-
TORY REPEAL BILLS FROM THE NEW YORK STATE MANDATE RELIEF COUNCIL, AS
DEFINED IN ARTICLE NINETEEN-C OF THE GENERAL MUNICIPAL LAW.
S 4. This act shall take effect immediately.
