Bill Text: NY A05723 | 2021-2022 | General Assembly | Introduced

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Bill Title: Places a permanent moratorium on unfunded mandates.

Spectrum: Partisan Bill (Republican 25-0)

Status: (Introduced - Dead) 2022-05-09 - held for consideration in governmental operations [A05723 Detail]

Download: New_York-2021-A05723-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5723

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 24, 2021
                                       ___________

        Introduced  by  M.  of  A.  BARCLAY,  PALMESANO,  BRABENEC, BLANKENBUSH,
          FRIEND, GOODELL, DiPIETRO, NORRIS, B. MILLER, WALSH, MANKTELOW, ASHBY,
          GALLAHAN,  LEMONDES,  LAWLER,  DeSTEFANO,  SIMPSON,  J. M. GIGLIO   --
          Multi-Sponsored  by  -- M. of A. ANGELINO, BROWN, FITZPATRICK, HAWLEY,
          McDONOUGH, MONTESANO -- read once and referred  to  the  Committee  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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02536-01-1
        A. 5723                             2

     1    (i) any state law that requires  a  local  government  to  provide  or
     2  undertake any new program, project or activity that results in an annual
     3  net  additional  cost  to any local government in excess of ten thousand
     4  dollars or an aggregate annual net additional cost to all local  govern-
     5  ments within the state in excess of one million dollars; or
     6    (ii) any state law that requires a local government to provide a high-
     7  er  level  of  service  or  funding  for an existing program, project or
     8  activity that results in an annual net  additional  cost  to  any  local
     9  government  in excess of ten thousand dollars or an aggregate annual net
    10  additional cost to all local governments within the state in  excess  of
    11  one million dollars; or
    12    (iii)  any state law that requires a local government to grant any new
    13  property tax exemption or that broadens the eligibility or increases the
    14  dollar amount of any existing property tax exemption, on  property  that
    15  otherwise  would  have  generated revenue under the current property tax
    16  rate of such local government in excess of ten thousand dollars  in  any
    17  local government or in excess of one million dollars statewide; or
    18    (iv) any state law with a legal requirement that would otherwise like-
    19  ly  have  the effect of raising property taxes in excess of ten thousand
    20  dollars in any local government or in  excess  of  one  million  dollars
    21  statewide.
    22    2.   Moratorium   on  unfunded  mandates.  Notwithstanding  any  other
    23  provision of law, no unfunded mandates shall be enacted.
    24    3. Exemptions. (a) A state law shall not  be  considered  an  unfunded
    25  mandate where such law:
    26    (i) is required by a court order or judgment; or
    27    (ii)  is  provided  at  the option of the local government under a law
    28  that is permissive rather than mandatory; or
    29    (iii) results from the passage of a home rule message whereby a  local
    30  government requests authority to implement the program or service speci-
    31  fied  in the statute, and the statute imposes costs only upon that local
    32  government which  requests  the  authority  to  impose  the  program  or
    33  service; or
    34    (iv)  is  required  by  statute  or  executive order that implements a
    35  federal law or regulation and results from costs mandated by the federal
    36  government to be borne at the local level, unless the statute or  execu-
    37  tive  order  results  in  costs  which  exceed the costs mandated by the
    38  federal government; or
    39    (v) is imposed on both government and non-government entities  in  the
    40  same or substantially similar circumstances; or
    41    (vi)  repeals  or  revises a state law to ease an existing requirement
    42  that a local government provide or  undertake  a  program,  project,  or
    43  activity,  or reapportions the costs of activities between local govern-
    44  ments; or
    45    (vii) is necessary to protect against an immediate  threat  to  public
    46  health or safety.
    47    (b) The effective date of any act establishing a mandate shall provide
    48  a  reasonable time for the state and any local government to plan imple-
    49  mentation thereof and shall  be  consistent  with  the  availability  of
    50  required funds.
    51    § 2. Section 51 of the legislative law, as added by chapter 985 of the
    52  laws of 1983, is amended to read as follows:
    53    § 51. Fiscal [impact] notes on bills affecting political subdivisions.
    54  1.  For  the  purpose  of this section, the term "political subdivision"
    55  means any county,  city,  town,  village,  special  district  or  school
    56  district.
        A. 5723                             3

     1    2.  [The  legislature shall by concurrent resolution of the senate and
     2  assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
     3  rate form, bills and amendments to bills, except as otherwise prescribed
     4  by such rules, which] A bill that would substantially affect the  reven-
     5  ues  or  expenses, or both, of any political subdivision shall contain a
     6  fiscal note stating the estimated annual cost to the political  subdivi-
     7  sion affected and the source of such estimate.
     8    3. Fiscal notes shall not, however, be required for bills: (a) subject
     9  to  the  provisions  of  section fifty of this [chapter] article, or (b)
    10  accompanied by special home rule requests submitted by political  subdi-
    11  visions,  or  (c)  which  provide  discretionary  authority to political
    12  subdivisions, or (d) submitted pursuant to section  twenty-four  of  the
    13  state finance law.
    14    4. If the estimate or estimates contained in a fiscal note are inaccu-
    15  rate,  such  inaccuracies  shall  not  affect, impair or invalidate such
    16  bill.
    17    § 3. 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.