Senate Bill S4497

2015-2016 Legislative Session

Relates to establishing a moratorium on unfunded mandates and creating regional mandate relief councils

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to investigations and government operations
Mar 25, 2015	referred to investigations and government operations

2015-S4497 (ACTIVE) - Details

See Assembly Version of this Bill:: A6093
Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Add §51-a, Leg L; add Art 43 §§930 - 935, Exec L

2015-S4497 (ACTIVE) - Summary

Relates to establishing a moratorium on unfunded mandates and creating regional mandate relief councils.

2015-S4497 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4497

TITLE OF BILL:

An act to amend the legislative law and the executive law, in relation
to establishing a moratorium on unfunded mandates and establishing
mandate relief councils; and providing for the repeal of such
provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

To place a three-year moratorium on any unfunded state mandates on
local governments and school districts and to create 10 Regional
Mandate Relief Councils to review existing mandates and make
recommendations to the Governor and the Legislature for the repeal or
modification of any regulatory or statutory unfunded mandates that the
council determines were imposed on a local government or school
district in an unsound, unduly burdensome or costly manner.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 51-a to the Legislative Law to place a
three-year moratorium on unfunded state mandates on local governments
and school districts costing more than $10,000 annually or $1 million
statewide.

Section 2 adds a new article 43 to the Executive Law to establish 10
Regional Mandate Relief Councils as follows:

Capital Region - counties of Albany, Columbia, Greene, Rensselaer,
Saratoga, Schenectady, Warren and Washington;

Central New York - counties of Cayuga, Cortland, Madison, Onondaga and
Oswego;

Finger Lakes - counties of Genesee, Livingston, Monroe, Ontario,
Orleans, Seneca, Wayne, Wyoming and Yates;

Long Island - counties of Nassau and Suffolk;

Mid-Hudson - counties of Dutchess, Orange, Putnam, Rockland, Sullivan,
Ulster and Westchester;

Mohawk Valley - counties of Fulton, Herkimer, Montgomery, Oneida,
Otsego and Schoharie;

New York City - counties of Bronx, Kings, New York, Richmond and
Queens;

North Country - counties of Clinton, Essex, Franklin, Hamilton,
Jefferson, Lewis and St. Lawrence;

Southern Tier - counties of Broome, Chemung, Chenango, Delaware,
Schuyler, Steuben, Tioga and Tompkins; and

Western New York - counties of Allegany, Cattaraugus, Chautauqua, Erie
and Niagara.


The Members of the Regional Councils must be residents of the region
they are appointed to represent, and would be appointed as follows:

*One member appointed by the Governor;
*One member appointed by the Temporary President of the Senate;
*One member appointed by the Minority Leader of the Senate;
*One member appointed by the Speaker of the Assembly;
*One member appointed by the Minority Leader of the Assembly;
*One member appointed by the chief executive (county executive or
chair of the county legislative body or borough president) of every
county in the region;
*One member appointed by the New York Conference of Mayors;
*One member appointed by the Association of Towns of the State of New
York (except in New York City);
*One member appointed by the Mayor of New York City for the New York
City Regional Council;
*One member appointed by the New York State School Boards Association
(except in New York City); and
*One member appointed by the Chancellor of the New York City
Department of Education in the New York City Region.

All votes and deliberations of a regional council shall be open to the
public, and each regional council shall:

*hold a minimum of three public hearings at different locations in
their region;
*meet regularly upon call of the chair chosen by members of each
regional council;
*make recommendations within 90 days to the Governor and four
legislative leaders for the repeal or modification of any unfunded
mandates that do not apply to their region;
*make recommendations within 270 days, and annually thereafter, to the
Governor and four legislative leaders for the repeal or modification
of any regulatory or statutory unfunded mandate that the council
determines were imposed in an unsound, unduly burdensome or costly
manner; information regarding its activities, and regarding the
issues, statutes, regulations, rules and orders which it reviewed,
examined, proposed and considered;
*all reports are adopted upon a majority vote of the regional council;
*all reports must be posted on a publicly accessible website;
*upon request of a local government or a member of the council,
identify and review mandates that can be eliminated or reformed and
make any inquiries, reports and recommendations as the council may
deem necessary; and
*receive and consider public comment about any potential unfunded
mandates, and review them in light of cost-benefit principles.

The Regional Councils may, upon a two-thirds vote, refer any
regulation or statute to the governor and the four legislative leaders
for repeal or modification.

*If a majority of the regional councils recommend a regulation for
repeal or modification, the governor must direct the state agency
responsible for such regulation to repeal or modify it within 60 days.
*If a majority of the regional councils recommend a statute for repeal
or modification, the governor, within 60 days, must submit a program


bill for introduction in both houses to effectuate such repeal or
modification.

Local governments may at any time ask their regional council to review
a specific statute, regulation, rule or order of state government by
resolution of its governing body.

Section 3 contains a severability clause.

Section 4 contains the effective date.

JUSTIFICATION:

In his 2015 State of the State address, Governor Cuomo stated that,
"when people complain about high taxes in New York, they're talking
about the property tax." While the reasons behind New York's high
property taxes are often debated, it is clear that unfunded mandates
placed on local governments and school districts are one of the main
reasons why New Yorkers must pay an unreasonable amount of their hard
earned money for owning or renting property in the state.

Now is the time to begin getting our unfunded mandate problem under
control. This legislation would implement a three-year unfunded
mandate moratorium, and create 10 regional mandate relief councils
designed to identify, modify and eliminate the costly mandates that
drive up property taxes. This legislation would also force the
governor to act on recommendations made by a majority of the regional
councils.

By passing this law, New Yorkers would begin to see a decrease in
their annual property tax bills, and would finally see the fiscal
relief they so rightly deserve.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

This legislation could provide savings to local governments and school
districts.

EFFECTIVE DATE:

This act shall take effect immediately and shall expire and be deemed
repealed 3 years after such date, provided, however, that section one
of this act shall only apply to laws enacted after such date.

2015-S4497 (ACTIVE) - Bill Text download pdf

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

                                  4497

                       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 and the executive law,  in  relation
  to  establishing  a  moratorium  on unfunded mandates and establishing
  mandate  relief  councils;  and  providing  for  the  repeal  of  such
  provisions upon expiration 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:
  (I) ANY STATE LAW THAT REQUIRES  A  LOCAL  GOVERNMENT  TO  PROVIDE  OR
UNDERTAKE ANY NEW PROGRAM, PROJECT OR ACTIVITY THAT RESULTS IN AN ANNUAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09278-03-5

S. 4497                             2

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. The executive law is amended by adding a new article 43  to  read
as follows:
                               ARTICLE 43
                            REGIONAL MANDATE
                             RELIEF COUNCILS
SECTION 930. DEFINITIONS.
        931. REGIONAL MANDATE RELIEF COUNCILS.

S. 4497                             3

        932. REGIONAL COUNCIL ACTIONS.
        933. LOCAL GOVERNMENT REQUEST.
        934. REPORTS.
        935. ASSISTANCE OF OTHER AGENCIES.
  S  930. DEFINITIONS. 1. "LOCAL GOVERNMENT" MEANS A COUNTY, CITY, TOWN,
VILLAGE, SCHOOL DISTRICT, OR SPECIAL DISTRICT.
  2. "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:
  (A) FEES CHARGED TO THE RECIPIENTS OF SUCH PROGRAM, PROJECT, OR ACTIV-
ITY;
  (B)  STATE  OR  FEDERAL  FUNDS  RECEIVED FOR SUCH PROGRAM, PROJECT, OR
ACTIVITY; AND
  (C) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMINATION
OF ANY OTHER PROGRAM, PROJECT, OR ACTIVITY THAT STATE LAW REQUIRES  SUCH
LOCAL GOVERNMENT TO PROVIDE OR UNDERTAKE.
  3.  "REGIONAL  MANDATE RELIEF COUNCIL" MEANS A COUNCIL FOR EACH OF THE
FOLLOWING REGIONS:
  (A) CAPITAL REGION MEANS THE COUNTIES  OF  ALBANY,  COLUMBIA,  GREENE,
RENSSELAER, SARATOGA, SCHENECTADY, WARREN AND WASHINGTON;
  (B)  CENTRAL NEW YORK MEANS THE COUNTIES OF CAYUGA, CORTLAND, MADISON,
ONONDAGA AND OSWEGO;
  (C) FINGER LAKES MEANS THE COUNTIES OF  GENESEE,  LIVINGSTON,  MONROE,
ONTARIO, ORLEANS, SENECA, WAYNE, WYOMING AND YATES;
  (D) LONG ISLAND MEANS THE COUNTIES OF NASSAU AND SUFFOLK;
  (E)  MID-HUDSON  MEANS THE COUNTIES OF DUTCHESS, ORANGE, PUTNAM, ROCK-
LAND, SULLIVAN, ULSTER AND WESTCHESTER;
  (F) MOHAWK VALLEY MEANS THE COUNTIES OF FULTON, HERKIMER,  MONTGOMERY,
ONEIDA, OTSEGO AND SCHOHARIE;
  (G)  NEW YORK CITY MEANS THE COUNTIES OF BRONX, KINGS, NEW YORK, RICH-
MOND AND QUEENS;
  (H) NORTH COUNTRY MEANS THE  COUNTIES  OF  CLINTON,  ESSEX,  FRANKLIN,
HAMILTON, JEFFERSON, LEWIS AND ST. LAWRENCE;
  (I)  SOUTHERN  TIER  MEANS  THE COUNTIES OF BROOME, CHEMUNG, CHENANGO,
DELAWARE, SCHUYLER, STEUBEN, TIOGA AND TOMPKINS; AND
  (J) WESTERN NEW YORK MEANS  THE  COUNTIES  OF  ALLEGANY,  CATTARAUGUS,
CHAUTAUQUA, ERIE AND NIAGARA.
  4.  "STATE  AGENCY"    OR "AGENCY" MEANS ANY STATE AGENCY, DEPARTMENT,
OFFICE, BOARD, BUREAU, DIVISION, COMMITTEE, COUNCIL OR OFFICE UNDER  THE
DIRECTION OR CONTROL OF THE EXECUTIVE.
  5. "UNFUNDED MANDATE" MEANS:
  (A)  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
  (B) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE A HIGHER
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

S. 4497                             4

  (C) 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
  (D) ANY STATE LAW WITH A LEGAL REQUIREMENT THAT WOULD OTHERWISE LIKELY
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.
  S 931. REGIONAL MANDATE RELIEF COUNCILS. 1. THERE  IS  HEREBY  CREATED
WITHIN  THE  EXECUTIVE  DEPARTMENT TEN REGIONAL MANDATE RELIEF COUNCILS,
WHICH EACH SHALL BE COMPRISED OF MEMBERS APPOINTED AS FOLLOWS:
  (A) ONE MEMBER TO BE APPOINTED BY THE GOVERNOR;
  (B) ONE MEMBER TO BE APPOINTED  BY  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE;
  (C) ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
  (D) ONE MEMBER TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (E) ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY;
  (F)  ONE  MEMBER TO BE APPOINTED BY THE CHIEF EXECUTIVE (COUNTY EXECU-
TIVE OR CHAIR OF THE COUNTY LEGISLATIVE BODY OR  BOROUGH  PRESIDENT)  OF
EVERY COUNTY IN THE REGION;
  (G) ONE MEMBER TO BE APPOINTED BY THE NEW YORK CONFERENCE OF MAYORS;
  (H)  ONE  MEMBER  TO  BE  APPOINTED BY THE ASSOCIATION OF TOWNS OF THE
STATE OF NEW YORK FOR EVERY REGION EXCEPT FOR THE NEW YORK CITY REGION;
  (I) ONE MEMBER TO BE APPOINTED BY THE MAYOR OF THE CITY  OF  NEW  YORK
FOR THE NEW YORK CITY REGION;
  (J)  ONE  MEMBER  TO  BE APPOINTED BY THE NEW YORK STATE SCHOOL BOARDS
ASSOCIATION EXCEPT FOR THE NEW YORK CITY REGION; AND
  (K) ONE MEMBER TO BE APPOINTED BY THE CHANCELLOR OF THE NEW YORK  CITY
DEPARTMENT OF EDUCATION FOR THE NEW YORK CITY REGION.
  2.  THE  MEMBERS  OF  EACH REGIONAL COUNCIL SHALL BE A RESIDENT OF THE
REGION THEY WERE APPOINTED TO REPRESENT.
  3. THE MEMBERS OF EACH REGIONAL COUNCIL SHALL  SERVE  WITHOUT  COMPEN-
SATION  BUT  SHALL RECEIVE REIMBURSEMENT FOR THEIR REASONABLE AND NECES-
SARY EXPENSES.
  4. EACH REGIONAL COUNCIL SHALL ELECT A CHAIR.
  5. A MAJORITY OF EACH REGIONAL COUNCIL SHALL CONSTITUTE A QUORUM.
  6. EACH REGIONAL COUNCIL SHALL MEET REGULARLY UPON  THE  CALL  OF  ITS
CHAIR AND AS FREQUENTLY AS ITS BUSINESS MAY REQUIRE.
  7. EACH REGIONAL COUNCIL SHALL HOLD A MINIMUM OF THREE PUBLIC HEARINGS
AT DIFFERENT LOCATIONS THROUGHOUT THE REGION.
  8. EACH REGIONAL COUNCIL SHALL WITHIN NINETY DAYS OF APPOINTMENT, MAKE
RECOMMENDATIONS  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND  THE
MINORITY  LEADER  OF  THE  ASSEMBLY,  FOR  REPEAL OR MODIFICATION OF ANY
STATEWIDE UNFUNDED MANDATES THAT DO NOT APPLY TO THE REGION.
  9. EACH REGIONAL COUNCIL SHALL WITHIN  TWO  HUNDRED  SEVENTY  DAYS  OF
APPOINTMENT, AND ANNUALLY THEREAFTER, ISSUE A FINAL REPORT TO THE GOVER-
NOR,  THE  TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, AND  THE  MINORITY  LEADER  OF  THE
ASSEMBLY, WITH RECOMMENDATIONS FOR REPEAL OR MODIFICATION OF ANY REGULA-
TORY  OR  STATUTORY  UNFUNDED  MANDATES THAT THE COUNCIL DETERMINES WERE
IMPOSED ON A LOCAL GOVERNMENT IN AN UNSOUND, UNDULY BURDENSOME OR COSTLY
MANNER, DETAILS REGARDING ITS  ACTIVITIES,  AND  REGARDING  THE  ISSUES,

S. 4497                             5

STATUTES,  REGULATIONS,  RULES  AND  ORDERS WHICH IT REVIEWED, EXAMINED,
PROPOSED, REFERRED AND/OR CONSIDERED.
  10. EACH REGIONAL COUNCIL SHALL, UPON REQUEST OF A LOCAL GOVERNMENT OR
ONE OF THE MEMBERS OF THE COUNCIL, IDENTIFY AND REVIEW MANDATES THAT CAN
BE  ELIMINATED  OR  REFORMED, AND MAKE SUCH OTHER AND FURTHER INQUIRIES,
REPORTS AND RECOMMENDATIONS  AS  THE  COUNCIL  MAY  DEEM  NECESSARY  AND
PRUDENT  TO EFFECTUATE ITS MISSION OF MANDATE RELIEF. IN IDENTIFYING AND
DETERMINING WHETHER SUCH MANDATES  ARE  UNSOUND,  UNDULY  BURDENSOME  OR
COSTLY, THE COUNCIL SHALL RECEIVE AND CONSIDER PUBLIC COMMENT ABOUT THEM
AND SHALL REVIEW THEM IN LIGHT OF COST-BENEFIT PRINCIPLES AND SUCH OTHER
AND FURTHER FACTORS AS THE COUNCIL SHALL DEEM NECESSARY AND PRUDENT.
  11. ALL VOTES OF A REGIONAL COUNCIL, AND ALL DELIBERATIONS AND REPORTS
OF ITS PROCEEDINGS SHALL BE OPEN TO THE PUBLIC PURSUANT TO ARTICLE SEVEN
OF THE PUBLIC OFFICERS LAW.
  S 932. REGIONAL COUNCIL ACTIONS. 1. THE COUNCIL MAY, UPON A TWO-THIRDS
VOTE,  REFER  ANY  REGULATION  OR STATUTE TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE  SPEAKER
OF  THE ASSEMBLY, AND THE MINORITY LEADER OF THE ASSEMBLY, FOR REPEAL OR
MODIFICATION, WHERE THE COUNCIL  HAS  PREVIOUSLY  DETERMINED  THAT  SUCH
REGULATION,  RULE  OR  ORDER OF ANY STATE AGENCY OR STATUTE IMPOSES UPON
ANY LOCAL GOVERNMENT AN UNFUNDED MANDATE IN AN UNSOUND,  UNDULY  BURDEN-
SOME  OR  COSTLY  MANNER,  SO AS TO NECESSITATE THAT IT BE ELIMINATED OR
REFORMED.
  2. UPON RECEIPT OF RECOMMENDATIONS BY ALL TEN REGIONAL  COUNCILS,  THE
GOVERNOR,  WITHIN  SIXTY DAYS, SHALL DIRECT THE STATE AGENCY RESPONSIBLE
FOR THE PROMULGATION, REPEAL OR MODIFICATION OF  ANY  REGULATION  DETER-
MINED  BY A MAJORITY OF THE COUNCILS TO IMPOSE UPON ANY LOCAL GOVERNMENT
AN UNFUNDED MANDATE IN AN UNSOUND, UNDULY BURDENSOME OR COSTLY MANNER TO
EFFECTUATE SUCH REPEAL OR MODIFICATION OF THE REGULATION PURSUANT TO THE
PROCEDURES THAT SUCH AGENCY WOULD OTHERWISE BE REQUIRED TO FOLLOW  UNDER
THE  LAW,  HAD  SUCH AGENCY ON ITS OWN ACCORD SOUGHT TO REPEAL OR MODIFY
THE REGULATION.
  3. UPON RECEIPT OF RECOMMENDATIONS BY ALL TEN REGIONAL  COUNCILS,  THE
GOVERNOR,  WITHIN  SIXTY  DAYS, SHALL HAVE PREPARED A GOVERNOR'S PROGRAM
BILL, FOR INTRODUCTION IN BOTH HOUSES OF THE LEGISLATURE, TO  EFFECTUATE
SUCH  REPEAL OR MODIFICATION OF ANY STATUTES DETERMINED BY A MAJORITY OF
THE COUNCILS TO IMPOSE UPON ANY LOCAL GOVERNMENT AN UNFUNDED MANDATE  IN
AN UNSOUND, UNDULY BURDENSOME OR COSTLY MANNER.
  S 933. LOCAL GOVERNMENT REQUEST. A LOCAL GOVERNMENT MAY, BY RESOLUTION
OF  ITS  GOVERNING  BODY,  ASK ITS REGIONAL COUNCIL TO REVIEW A SPECIFIC
STATUTE, REGULATION, RULE OR ORDER  OF  STATE  GOVERNMENT  TO  DETERMINE
WHETHER  SUCH  STATUTE, REGULATION, RULE OR ORDER OF STATE GOVERNMENT IS
AN UNFUNDED MANDATE OR IS OTHERWISE UNSOUND, UNDULY BURDENSOME OR COSTLY
SO AS TO REQUIRE THAT IT BE ELIMINATED OR REFORMED.
  S 934. REPORTS. REPORTS OF EACH REGIONAL COUNCIL SHALL BE ADOPTED UPON
A MAJORITY VOTE OF THE MEMBERS OF  THE  COUNCIL.  ALL  REPORTS  OF  EACH
REGIONAL COUNCIL SHALL BE POSTED ON A PUBLICLY ACCESSIBLE WEBSITE.
  S  935.  ASSISTANCE  OF  OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
THIS ARTICLE, ANY STATE AGENCY SHALL, AT THE REQUEST OF A REGIONAL COUN-
CIL, PROVIDE TO THE COUNCIL SUCH FACILITIES, ASSISTANCE AND DATA AS WILL
ENABLE THE COUNCIL  TO  PROPERLY  CARRY  OUT  ITS  RESPONSIBILITIES  AND
DUTIES.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or subpart of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in

S. 4497                             6

its operation to the clause, sentence, paragraph,  subdivision,  section
or  subpart  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 act would have been enacted even if
such invalid provisions had not been included herein.
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed 3 years after such date, provided, however, that section
one of this act shall only apply to laws enacted after such date.

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Senate Bill S4497

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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Sponsored By

Thomas D. Croci

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

2015-S4497 (ACTIVE) - Details

2015-S4497 (ACTIVE) - Summary

2015-S4497 (ACTIVE) - Sponsor Memo

2015-S4497 (ACTIVE) - Bill Text download pdf

Comments