S T A T E O F N E W Y O R K
________________________________________________________________________
3227
2019-2020 Regular Sessions
I N A S S E M B L Y
January 29, 2019
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Introduced by M. of A. KOLB, RAIA, PALMESANO, BRABENEC, BLANKENBUSH,
FRIEND, GOODELL, STEC, DiPIETRO, NORRIS, B. MILLER, WALSH -- Multi-
Sponsored by -- M. of A. BARCLAY, CROUCH, FINCH, FITZPATRICK, GIGLIO,
HAWLEY, McDONOUGH, MONTESANO -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the legislative law, in relation to unfunded mandates on
local governments and school districts
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:
§ 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.
LBD04083-01-9
A. 3227 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. 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.
§ 2. Section 51 of the legislative law, as added by chapter 985 of the
laws of 1983, is amended to read as follows:
§ 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 legislature shall by concurrent resolution of the senate and
assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
A. 3227 3
rate form, bills and amendments to bills, except as otherwise prescribed
by such rules, which] A BILL THAT would substantially affect the reven-
ues or expenses, or both, of any political subdivision SHALL CONTAIN A
FISCAL NOTE STATING THE ESTIMATED ANNUAL COST TO THE POLITICAL SUBDIVI-
SION AFFECTED AND THE SOURCE OF SUCH ESTIMATE.
3. Fiscal notes shall not, however, be required for bills: (a) subject
to the provisions of section fifty of this [chapter] ARTICLE, or (b)
accompanied by special home rule requests submitted by political subdi-
visions, 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.
§ 3. This act shall take effect immediately, provided, however, that
section one of this act shall only apply to laws enacted after such
effective date.