Bill Text: NY A05305 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires a three year moratorium on unfunded mandates from the legislature; invalidates legislation that does not contain a detailed fiscal note identifying a funding source for certain costs to a political subdivision; repeals existing unfunded mandates as determined by the Mandate Relief Council.
Spectrum: Partisan Bill (Republican 27-1)
Status: (Introduced - Dead) 2012-03-21 - print number 5305a [A05305 Detail]
Download: New_York-2011-A05305-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5305
2011-2012 Regular Sessions
I N A S S E M B L Y
February 15, 2011
___________
Introduced by M. of A. MURRAY, BARCLAY, CASTELLI, CONTE, CORWIN, GIGLIO,
McLAUGHLIN, MOLINARO, MONTESANO, RABBITT, SAYWARD, THIELE -- Multi-
Sponsored by -- M. of A. FITZPATRICK -- read once and referred to the
Committee on Local Governments
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:
1 Section 1. The legislative law is amended by adding a new section 51-a
2 to read as follows:
3 S 51-A. MORATORIUM ON UNFUNDED MANDATES. 1. DEFINITIONS. AS USED IN
4 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
5 (A) "LOCAL GOVERNMENT" MEANS A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
6 DISTRICT, OR SPECIAL DISTRICT.
7 (B) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
8 IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN
9 PERFORMING OR ADMINISTERING ANY PROGRAM, PROJECT, OR ACTIVITY AFTER
10 SUBTRACTING THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH LOCAL
11 GOVERNMENT IN RELATION TO SUCH PROGRAM, PROJECT, OR ACTIVITY, INCLUDING
12 BUT NOT LIMITED TO:
13 (I) FEES CHARGED TO THE RECIPIENTS OF SUCH PROGRAM, PROJECT, OR ACTIV-
14 ITY;
15 (II) STATE OR FEDERAL FUNDS RECEIVED FOR SUCH PROGRAM, PROJECT, OR
16 ACTIVITY; AND
17 (III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
18 NATION OF ANY OTHER PROGRAM, PROJECT, OR ACTIVITY THAT STATE LAW
19 REQUIRES SUCH LOCAL GOVERNMENT TO PROVIDE OR UNDERTAKE.
20 (C) "UNFUNDED MANDATE" MEANS:
21 (I) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE OR
22 UNDERTAKE ANY NEW PROGRAM, PROJECT OR ACTIVITY THAT RESULTS IN AN ANNUAL
23 NET ADDITIONAL COST TO ANY LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08962-01-1
A. 5305 2
1 DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL LOCAL GOVERN-
2 MENTS WITHIN THE STATE IN EXCESS OF ONE MILLION DOLLARS; OR
3 (II) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE A HIGH-
4 ER LEVEL OF SERVICE OR FUNDING FOR AN EXISTING PROGRAM, PROJECT OR
5 ACTIVITY THAT RESULTS IN AN ANNUAL NET ADDITIONAL COST TO ANY LOCAL
6 GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL NET
7 ADDITIONAL COST TO ALL LOCAL GOVERNMENTS WITHIN THE STATE IN EXCESS OF
8 ONE MILLION DOLLARS; OR
9 (III) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO GRANT ANY NEW
10 PROPERTY TAX EXEMPTION OR THAT BROADENS THE ELIGIBILITY OR INCREASES THE
11 DOLLAR AMOUNT OF ANY EXISTING PROPERTY TAX EXEMPTION, ON PROPERTY THAT
12 OTHERWISE WOULD HAVE GENERATED REVENUE UNDER THE CURRENT PROPERTY TAX
13 RATE OF SUCH LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS IN ANY
14 LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS STATEWIDE; OR
15 (IV) ANY STATE LAW WITH A LEGAL REQUIREMENT THAT WOULD OTHERWISE LIKE-
16 LY HAVE THE EFFECT OF RAISING PROPERTY TAXES IN EXCESS OF TEN THOUSAND
17 DOLLARS IN ANY LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS
18 STATEWIDE.
19 2. MORATORIUM ON UNFUNDED MANDATES. FOR A THREE YEAR PERIOD BEGINNING
20 WITH THE ENACTMENT OF THIS SECTION, NOTWITHSTANDING ANY OTHER PROVISION
21 OF LAW, NO UNFUNDED MANDATES SHALL BE ENACTED.
22 3. EXEMPTIONS. (A) A STATE LAW SHALL NOT BE CONSIDERED AN UNFUNDED
23 MANDATE WHERE SUCH LAW:
24 (I) IS REQUIRED BY A COURT ORDER OR JUDGMENT; OR
25 (II) IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT UNDER A LAW
26 THAT IS PERMISSIVE RATHER THAN MANDATORY; OR
27 (III) RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE WHEREBY A LOCAL
28 GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE SPECI-
29 FIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY UPON THAT LOCAL
30 GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE PROGRAM OR
31 SERVICE; OR
32 (IV) IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLEMENTS A
33 FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE FEDERAL
34 GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR EXECU-
35 TIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
36 FEDERAL GOVERNMENT; OR
37 (V) IS IMPOSED ON BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN THE
38 SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES; OR
39 (VI) REPEALS OR REVISES A STATE LAW TO EASE AN EXISTING REQUIREMENT
40 THAT A LOCAL GOVERNMENT PROVIDE OR UNDERTAKE A PROGRAM, PROJECT, OR
41 ACTIVITY, OR REAPPORTIONS THE COSTS OF ACTIVITIES BETWEEN LOCAL GOVERN-
42 MENTS; OR
43 (VII) IS NECESSARY TO PROTECT AGAINST AN IMMEDIATE THREAT TO PUBLIC
44 HEALTH OR SAFETY.
45 (B) THE EFFECTIVE DATE OF ANY ACT ESTABLISHING A MANDATE SHALL PROVIDE
46 A REASONABLE TIME FOR THE STATE AND ANY LOCAL GOVERNMENT TO PLAN IMPLE-
47 MENTATION THEREOF AND SHALL BE CONSISTENT WITH THE AVAILABILITY OF
48 REQUIRED FUNDS.
49 S 2. Section 51 of the legislative law, as added by chapter 985 of the
50 laws of 1983, is amended to read as follows:
51 S 51. Fiscal [impact] notes on bills affecting political subdivisions.
52 1. For the purpose of this section, the term "political subdivision"
53 means any county, city, town, village, special district or school
54 district.
55 2. [The legislature shall by concurrent resolution of the senate and
56 assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
A. 5305 3
1 rate form, bills and amendments to bills, except as otherwise prescribed
2 by such rules, which] A BILL THAT would substantially affect the reven-
3 ues or expenses, or both, of any political subdivision SHALL CONTAIN A
4 FISCAL NOTE STATING THE ESTIMATED ANNUAL COST TO THE POLITICAL SUBDIVI-
5 SION AFFECTED AND THE SOURCE OF SUCH ESTIMATE.
6 3. Fiscal notes shall not, however, be required for bills: (a) subject
7 to the provisions of section fifty of this chapter, or (b) accompanied
8 by special home rule requests submitted by political subdivisions, or
9 (c) which provide discretionary authority to political subdivisions, or
10 (d) submitted pursuant to section twenty-four of the state finance law.
11 4. If the estimate or estimates contained in a fiscal note are inaccu-
12 rate, such inaccuracies shall not affect, impair or invalidate such
13 bill.
14 S 3. The Mandate Relief Redesign Team, as established by Executive
15 Order Number Six of 2011, shall review existing mandates on local
16 governments to determine which shall be eliminated.
17 S 4. This act shall take effect immediately, provided, however, that
18 section one of this act shall only apply to laws enacted after such
19 effective date.
