STATE OF NEW YORK
        ________________________________________________________________________

                                         4572--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 17, 2023
                                       ___________

        Introduced  by M. of A. DURSO, BENDETT, E. BROWN, GRAY, MANKTELOW, SIMP-
          SON,  BEEPHAN,  BLANKENBUSH,  MAHER,  MILLER,   BRABENEC,   McDONOUGH,
          J. A. GIGLIO,   MORINELLO,   BYRNES,   NORRIS,  MIKULIN,  BLUMENCRANZ,
          K. BROWN, TAGUE, FLOOD, MCGOWAN, SLATER, GANDOLFO,  ANGELINO,  HAWLEY,
          LEMONDES  --  read  once and referred to the Committee on Governmental
          Operations -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the legislative law and the executive law,  in  relation
          to establishing a temporary moratorium on unfunded mandates

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited  as  the  "Mandate
     2  Relief Act".
     3    §  2.   The legislative law is amended by adding a new section 51-a to
     4  read as follows:
     5    § 51-a. Temporary moratorium on unfunded mandates. 1.  Definitions. As
     6  used in this section, the following terms shall have the following mean-
     7  ings:
     8    (a) "Local government" means a county,  city,  town,  village,  school
     9  district, or special district.
    10    (b)  "Net  additional cost" means the cost or costs incurred or antic-
    11  ipated to be incurred within a one year period by a local government  in
    12  performing  or  administering  any  program,  project, or activity after
    13  subtracting therefrom any revenues received or receivable by such  local
    14  government  in relation to such program, project, or activity, including
    15  but not limited to:
    16    (i) fees charged to the recipients of such program, project, or activ-
    17  ity;
    18    (ii) state or federal funds received for  such  program,  project,  or
    19  activity; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09036-03-3

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     1    (iii)  an  offsetting  savings resulting from the diminution or elimi-
     2  nation of any  other  program,  project,  or  activity  that  state  law
     3  requires such local government to provide or undertake.
     4    (c) "Unfunded mandate" means:
     5    (i)  any  state  law  that  requires  a local government to provide or
     6  undertake any new program, project or activity that results in an annual
     7  net additional cost to any local government in excess  of  ten  thousand
     8  dollars  or an aggregate annual net additional cost to all local govern-
     9  ments within the state in excess of one million dollars; or
    10    (ii) any state law that requires a local government to provide a high-
    11  er level of service or funding  for  an  existing  program,  project  or
    12  activity  that  results  in  an  annual net additional cost to any local
    13  government in excess of ten thousand dollars or an aggregate annual  net
    14  additional  cost  to all local governments within the state in excess of
    15  one million dollars; or
    16    (iii) any state law that requires a local government to grant any  new
    17  property tax exemption or that broadens the eligibility or increases the
    18  dollar  amount  of any existing property tax exemption, on property that
    19  otherwise would have generated revenue under the  current  property  tax
    20  rate  of  such local government in excess of ten thousand dollars in any
    21  local government or in excess of one million dollars statewide; or
    22    (iv) any state law with a legal requirement that would otherwise like-
    23  ly have the effect of raising property taxes in excess of  ten  thousand
    24  dollars  in  any  local  government  or in excess of one million dollars
    25  statewide.
    26    2. Moratorium on unfunded mandates. For a three year period  beginning
    27  the  January  next  succeeding  the  effective date of this section, and
    28  notwithstanding any other provision of law, unfunded mandates shall  not
    29  be enacted.
    30    3. Exemptions. A state law shall not be considered an unfunded mandate
    31  where such law:
    32    (a) is required by a court order or judgment;
    33    (b) is provided at the option of the local government under a law that
    34  is permissive rather than mandatory;
    35    (c)  results  from  the passage of a home rule message whereby a local
    36  government requests authority to implement the program or service speci-
    37  fied in the statute, and the statute imposes costs only upon that  local
    38  government  which  requests  the  authority  to  impose  the  program or
    39  service;
    40    (d) is required by statute or executive order that implements a feder-
    41  al law or regulation and results from  costs  mandated  by  the  federal
    42  government  to be borne at the local level, unless the statute or execu-
    43  tive order results in costs which  exceed  the  costs  mandated  by  the
    44  federal government;
    45    (e)  is  imposed on both government and non-government entities in the
    46  same or substantially similar circumstances;
    47    (f) repeals or revises a state law to  ease  an  existing  requirement
    48  that  a  local  government  provide  or undertake a program, project, or
    49  activity, or reapportions the costs of activities between local  govern-
    50  ments; or
    51    (g)  is  necessary  to  protect  against an immediate threat to public
    52  health or safety.
    53    § 3. The executive law is amended by adding a new section 50-a to read
    54  as follows:
    55    § 50-a. Report on unfunded mandates. (1) The comptroller, in consulta-
    56  tion with the commissioner of taxation and finance, shall issue a report

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     1  on the annual fiscal impact enacted state legislation has on the  reven-
     2  ues and expenses of local municipal corporations in the state.
     3    (2) The report issued by the comptroller shall include, at minimum:
     4    (i) annual expenses of each municipal corporation in the state attrib-
     5  utable to statewide legislation enacted by the state legislature;
     6    (ii)  an analysis of the effect the temporary unfunded mandate morato-
     7  rium, established pursuant to section  fifty-one-a  of  the  legislative
     8  law, had on local municipal corporation revenues and expenditures; and
     9    (iii)  recommendations  as  to  whether the temporary unfunded mandate
    10  moratorium enacted pursuant to section fifty-one-a  of  the  legislative
    11  law shall be extended, made permanent, or allowed to expire.
    12    (3)  The comptroller shall provide a final copy of the report required
    13  by this section to the legislature no later than the  first  of  January
    14  fourth  succeeding the effective date of this section, and shall publish
    15  a full copy of the report for the public to view  on  the  comptroller's
    16  official website.
    17    § 4. This act shall take effect immediately.