Assembly Bill A3981

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

                                  3981

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced  by  M. of A. MORELLE, CUSICK, GUNTHER, LUPARDO, SCHIMMINGER,
  PEOPLES-STOKES, ZEBROWSKI, BARRETT -- Multi-Sponsored by -- M.  of  A.
  MAGEE,  THIELE  --  read once and referred to the Committee on Govern-
  mental 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.
  S 75. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
"UNFUNDED MANDATE REFORM ACT".
  S  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.
                                                           LBD04728-01-5
              

A. 3981                             2

WHICH  CHANGES  ARE  NECESSARY  TO  REDUCE  THE BURDEN OF THESE UNFUNDED
MANDATES ON POLITICAL SUBDIVISIONS.
  S  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.
  S 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.
  S 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.
  S 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.
  S  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:

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  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.
  S 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.
  S  2.  The  legislative law is amended by adding a new section 54-c to
read as follows:
  S 54-C. 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.
  S 3. This act shall take effect immediately.