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A03227 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3227
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2019
                                       ___________
 
        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:
 
     1    Section 1. The legislative law is amended by adding a new section 51-a
     2  to read as follows:
     3    § 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04083-01-9

        A. 3227                             2
 
     1  net  additional  cost  to any local government in excess of ten thousand
     2  dollars or an aggregate annual net additional cost to all local  govern-
     3  ments within the state in excess of one million dollars; or
     4    (ii) any state law that requires a local government to provide a high-
     5  er  level  of  service  or  funding  for an existing program, project or
     6  activity that results in an annual net  additional  cost  to  any  local
     7  government  in excess of ten thousand dollars or an aggregate annual net
     8  additional cost to all local governments within the state in  excess  of
     9  one million dollars; or
    10    (iii)  any state law that requires a local government to grant any new
    11  property tax exemption or that broadens the eligibility or increases the
    12  dollar amount of any existing property tax exemption, on  property  that
    13  otherwise  would  have  generated revenue under the current property tax
    14  rate of such local government in excess of ten thousand dollars  in  any
    15  local government or in excess of one million dollars statewide; or
    16    (iv) any state law with a legal requirement that would otherwise like-
    17  ly  have  the effect of raising property taxes in excess of ten thousand
    18  dollars in any local government or in  excess  of  one  million  dollars
    19  statewide.
    20    2.   Moratorium   on  unfunded  mandates.  Notwithstanding  any  other
    21  provision 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    § 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    § 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. 3227                             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]  article,  or  (b)
     8  accompanied  by special home rule requests submitted by political subdi-
     9  visions, or (c)  which  provide  discretionary  authority  to  political
    10  subdivisions,  or  (d)  submitted pursuant to section twenty-four of the
    11  state finance law.
    12    4. If the estimate or estimates contained in a fiscal note are inaccu-
    13  rate, such inaccuracies shall not  affect,  impair  or  invalidate  such
    14  bill.
    15    §  3.  This act shall take effect immediately, provided, however, that
    16  section one of this act shall only apply  to  laws  enacted  after  such
    17  effective date.
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