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

                                  4496

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 25, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the legislative law, in relation to unfunded mandates on
  local governments and school districts; and  to  amend  section  3  of
  subpart  H  of  part  C of chapter 97 of the laws of 2011 amending the
  state administrative procedure act and other laws relating  to  alter-
  nate  methods for implementing regulatory mandates, in relation to the
  effectiveness thereof

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

  Section 1. The legislative law is amended by adding a new section 51-a
to read as follows:
  S  51-A.  MORATORIUM  ON UNFUNDED MANDATES. 1. DEFINITIONS. AS USED IN
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (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
  (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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06358-02-5
              

S. 4496                             2

  (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
WITH THE ENACTMENT OF THIS SECTION, NOTWITHSTANDING ANY OTHER  PROVISION
OF LAW, NO UNFUNDED MANDATES SHALL BE ENACTED.
  3.  EXEMPTIONS.  (A)  A  STATE LAW SHALL NOT BE CONSIDERED AN UNFUNDED
MANDATE WHERE SUCH LAW:
  (I) IS REQUIRED BY A COURT ORDER OR JUDGMENT; OR
  (II) IS PROVIDED AT THE OPTION OF THE LOCAL  GOVERNMENT  UNDER  A  LAW
THAT IS PERMISSIVE RATHER THAN MANDATORY; OR
  (III)  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; OR
  (IV) IS REQUIRED BY STATUTE  OR  EXECUTIVE  ORDER  THAT  IMPLEMENTS  A
FEDERAL 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; OR
  (V)  IS  IMPOSED ON BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN THE
SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES; OR
  (VI) 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
  (VII)  IS  NECESSARY  TO PROTECT AGAINST AN IMMEDIATE THREAT TO PUBLIC
HEALTH OR SAFETY.
  (B) THE EFFECTIVE DATE OF ANY ACT ESTABLISHING A MANDATE SHALL PROVIDE
A REASONABLE TIME FOR THE STATE AND ANY LOCAL GOVERNMENT TO PLAN  IMPLE-
MENTATION  THEREOF  AND  SHALL  BE  CONSISTENT  WITH THE AVAILABILITY OF
REQUIRED FUNDS.
  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"

S. 4496                             3

means 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] A  BILL  THAT  would  [substantially]  affect  the
revenues  or  expenses,  or  both,  of  any  political subdivision SHALL
CONTAIN A DETAILED FISCAL IMPACT NOTE STATING THE ESTIMATED ANNUAL  COST
TO  THE  POLITICAL SUBDIVISION AFFECTED AND THE SOURCE OF SUCH ESTIMATE.
THE FISCAL IMPACT NOTE MUST CLEARLY IDENTIFY THE FUNDING SOURCE OF  SUCH
ANNUAL  COST  TO  THE POLITICAL SUBDIVISION. AN OMISSION OF SUCH FUNDING
SOURCE IN THE FISCAL IMPACT NOTE, SHALL INVALIDATE SUCH BILL.
  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 IMPACT note are
inaccurate AND RESULT IN AN ANNUAL NET ADDITIONAL COST TO ANY  POLITICAL
SUBDIVISION IN EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL NET
ADDITIONAL COST TO ALL POLITICAL SUBDIVISIONS WITHIN THE STATE IN EXCESS
OF  ONE MILLION DOLLARS, such inaccuracies shall [not affect, impair or]
invalidate such bill.
  S 3.  Section 3 of subpart H of part C of chapter 97 of  the  laws  of
2011,  amending  the  state  administrative procedure act and other laws
relating to alternate methods for implementing regulatory  mandates,  is
amended to read as follows:
  S  3.  This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the thirtieth day after  it
shall  have  become  a  law and shall expire January 1, 2015 or upon the
departure from office of the fifty-sixth governor whichever comes first,
provided however that section two of this act shall take effect  January
15,  2012  and  shall expire January 1, [2015 or upon the departure from
office of the fifty-sixth governor whichever comes first] 2019.
  S 4. The Mandate Relief Council, pursuant to section 666 of the execu-
tive law, as added by chapter 97 of  the  laws  of  2011,  shall  review
existing mandates on local governments to determine which shall be elim-
inated.
  S  5.  This act shall take effect immediately, provided, however, that
section one of this act shall only apply  to  laws  enacted  after  such
effective date.