Bill Text: NY S05568 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes the New York State mandate relief act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO LOCAL GOVERNMENT [S05568 Detail]
Download: New_York-2011-S05568-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5568
2011-2012 Regular Sessions
I N S E N A T E
June 2, 2011
___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law and the legislative law, in
relation to mandate relief
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general municipal law is amended by adding a new arti-
2 cle 19-C to read as follows:
3 ARTICLE 19-C
4 MANDATE RELIEF
5 SECTION 991. SHORT TITLE.
6 992. LEGISLATIVE FINDINGS AND DETERMINATIONS.
7 993. NEW YORK STATE MANDATE RELIEF COUNCIL.
8 993-A. POWERS AND DUTIES OF THE COUNCIL.
9 993-B. ASSISTANCE OF OTHER AGENCIES.
10 994. DETERMINATION OF UNFUNDED MANDATE.
11 994-A. REQUEST BY A CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT.
12 994-B. REQUEST BY A SCHOOL DISTRICT.
13 994-C. REQUEST BY A FIRE DISTRICT, WATER DISTRICT OR OTHER
14 SPECIAL DISTRICT.
15 994-D. NEW REGULATIONS PROPOSED BY STATE GOVERNMENT.
16 995. CONSIDERATION OF THE ISSUE OF REPEAL OF AN UNFUNDED
17 MANDATE.
18 995-A. REPEAL OF UNFUNDED MANDATES CONTAINED IN CURRENT REGU-
19 LATIONS.
20 995-B. REPEAL OF UNFUNDED MANDATES CONTAINED IN PROPOSED REGU-
21 LATIONS.
22 995-C. REPEAL OF UNFUNDED MANDATES CONTAINED IN STATUTE.
23 996. REPORTS AND RECOMMENDATIONS OF THE NEW YORK STATE MANDATE
24 RELIEF COUNCIL.
25 997. COMPTROLLER REPORT OF UNFUNDED MANDATES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11668-04-1
S. 5568 2
1 998. FISCAL NOTES FOR BILLS ENACTING MANDATES UPON LOCAL GOVERN-
2 MENTS.
3 999. SEVERABILITY.
4 S 991. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
5 THE "NEW YORK STATE MANDATE RELIEF ACT".
6 S 992. LEGISLATIVE FINDINGS AND DETERMINATIONS. THE LEGISLATURE HEREBY
7 FINDS AND DETERMINES THAT UNFUNDED MANDATES ESTABLISHED BY THE STATE
8 UPON ITS LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND FIRE DISTRICTS, PRES-
9 ENT A TREMENDOUS FINANCIAL BURDEN UPON THESE LOCALITIES, AS WELL AS THE
10 PEOPLE OF THE STATE OF NEW YORK.
11 THE LEGISLATURE HEREBY FURTHER FINDS AND DETERMINES THAT THE COST OF
12 THESE UNFUNDED MANDATES HAS SERIOUSLY CONTRIBUTED TO THE FINANCIAL CHAL-
13 LENGES OF THESE LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND FIRE DISTRICTS,
14 AND HAVE COST THE TAXPAYERS OF THE STATE OF NEW YORK AN ENORMOUS BURDEN
15 IN REAL PROPERTY TAXES, AS WELL AS LIMITING THE ABILITY OF THESE LOCAL
16 GOVERNMENTS, SCHOOL DISTRICTS, AND FIRE DISTRICTS TO ENACT MEASURES
17 WHICH WOULD SAVE BOTH TAXPAYER DOLLARS AND RESPONSIVELY PROVIDE FOR
18 IMPROVED COMMUNITY SERVICES.
19 THE LEGISLATURE HEREBY ADDITIONALLY FINDS AND DETERMINES THAT THERE IS
20 A PRESSING NEED TO DEVELOP COMPREHENSIVE LEGISLATIVE AND ADMINISTRATIVE
21 CHANGES TO END UNFUNDED MANDATES AND ACCOMPLISH MANDATE RELIEF, AND THAT
22 IMPORTANT MANDATE RELIEF MEASURES ARE IMMEDIATELY NECESSARY IN ORDER TO
23 ACCOMPLISH THIS GOAL. THAT IS THE GOAL OF THIS LEGISLATION, IN ESTAB-
24 LISHING THE COUNCIL ON MANDATE RELIEF, TO CREATE AN EFFECTIVE MECHANISM
25 TO ELIMINATE UNFUNDED MANDATES, AND TO BEGIN TO RELIEVE LOCAL GOVERN-
26 MENTS, SCHOOL DISTRICTS, AND FIRE DISTRICTS, AND THE TAXPAYERS THEY
27 REPRESENT, OF THE CRUSHING BURDEN THAT REAL PROPERTY TAXES CURRENTLY
28 PLACE UPON ALL NEW YORKERS.
29 S 993. NEW YORK STATE MANDATE RELIEF COUNCIL. THERE SHALL BE A COUN-
30 CIL OF MANDATE RELIEF, WHICH SHALL BE INDEPENDENT OF THE LEGISLATIVE,
31 EXECUTIVE AND JUDICIAL BRANCHES OF STATE GOVERNMENT. THE COUNCIL SHALL
32 CONSIST OF ELEVEN MEMBERS APPOINTED BY THE GOVERNOR, UPON ADVICE AND
33 CONSENT OF THE SENATE, AS FOLLOWS:
34 1. FIVE MEMBERS UPON NOMINATION OF THE GOVERNOR;
35 2. TWO MEMBERS UPON NOMINATION OF THE TEMPORARY PRESIDENT OF THE
36 SENATE;
37 3. TWO MEMBERS UPON NOMINATION OF THE SPEAKER OF THE ASSEMBLY;
38 4. ONE MEMBER UPON NOMINATION OF THE MINORITY LEADER OF THE SENATE;
39 AND
40 5. ONE MEMBER UPON NOMINATION OF THE MINORITY LEADER OF THE ASSEMBLY.
41 OF THE MEMBERS APPOINTED UPON NOMINATION OF THE GOVERNOR, NO MORE THAN
42 TWO SHALL BE APPOINTED FROM THE SAME POLITICAL PARTY. THE TERM OF OFFICE
43 OF THE MEMBERS OF THE COUNCIL SHALL BE FIVE YEARS. VACANCIES IN THE
44 COUNCIL OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM, SHALL BE FILLED
45 FOR THE UNEXPIRED TERM IN THE SAME MANNER AS THEIR ORIGINAL APPOINTMENT.
46 THE COUNCIL SHALL ELECT A CHAIR AND VICE-CHAIR FROM AMONG ITS MEMBERS.
47 THE CHAIR SHALL BE THE EXECUTIVE OFFICER OF THE COUNCIL. THE CHAIR,
48 WITHIN BUDGET APPROPRIATIONS THEREFORE, MAY APPOINT SUCH EMPLOYEES,
49 PRESCRIBE THEIR DUTIES, AND FIX THEIR COMPENSATION, AS NECESSARY FOR THE
50 SUCCESSFUL OPERATION OF THE COUNCIL. NO MEMBER OF THE COUNCIL SHALL
51 RECEIVE A SALARY, BUT MAY BE REIMBURSED FOR THEIR NECESSARY AND REASON-
52 ABLE EXPENSES.
53 S 993-A. POWERS AND DUTIES OF THE COUNCIL. THE COUNCIL SHALL HAVE THE
54 FOLLOWING POWERS AND DUTIES:
55 1. TO MAKE A DETERMINATION, UPON A REVIEW, PURSUANT TO SECTION NINE
56 HUNDRED NINETY-FOUR OF THIS ARTICLE, AS TO WHETHER A STATUTE, REGU-
S. 5568 3
1 LATION, RULE OR ORDER IDENTIFIED IN THE RESOLUTION, CONSTITUTES AN
2 UNFUNDED MANDATE;
3 2. TO REPEAL A REGULATION, RULE, OR ORDER, DETERMINED, ACCORDING TO
4 SECTION NINE HUNDRED NINETY-FOUR OF THIS ARTICLE, TO BE AN UNFUNDED
5 MANDATE, PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE, SECTION NINE
6 HUNDRED NINETY-FIVE-A AND/OR SECTION NINE HUNDRED NINETY-FIVE-B OF THIS
7 ARTICLE;
8 3. TO RECOMMEND TO THE STATE LEGISLATURE TO REPEAL A STATUTE, DETER-
9 MINED ACCORDING TO SECTION NINE HUNDRED NINETY-FOUR OF THIS ARTICLE TO
10 BE AN UNFUNDED MANDATE, PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE AND
11 SECTION NINE HUNDRED NINETY-FIVE-C OF THIS ARTICLE;
12 4. TO ISSUE REPORTS AND RECOMMENDATIONS TO THE GOVERNOR AND MEMBERS OF
13 THE LEGISLATURE REGARDING MANDATE RELIEF, PURSUANT TO SECTION NINE
14 HUNDRED NINETY-SIX OF THIS ARTICLE;
15 5. TO MEET AS A PUBLIC BODY NOT LESS THAN TWICE A MONTH FOR THE ACCOM-
16 PLISHMENT OF THE PURPOSES AND PROVISIONS OF THIS ARTICLE;
17 6. TO ESTABLISH RULES, REGULATIONS AND PROCEDURES AS NECESSARY TO
18 ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE;
19 7. TO ENTER INTO CONTRACTS, WITHIN AMOUNTS APPROPRIATED THEREFOR, WITH
20 INDIVIDUALS, PARTNERSHIPS, CORPORATIONS OR ORGANIZATIONS AS NECESSARY TO
21 ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE;
22 8. TO MAKE AND SIGN ANY AGREEMENTS, AND TO DO AND TO PERFORM ANY ACTS,
23 THAT MAY BE NECESSARY, DESIRABLE OR PROPER TO CARRY OUT THE PURPOSES OF
24 THIS ARTICLE;
25 9. TO MAINTAIN AN OFFICIAL RECORD OF ITS MEETINGS, DISCUSSIONS, DELIB-
26 ERATIONS AND DETERMINATIONS;
27 10. TO MAINTAIN AN OFFICIAL WEBSITE AND EMAIL ADDRESSES FOR ITS
28 MEMBERS;
29 11. TO ACCEPT GIFTS, CONTRIBUTIONS AND BEQUESTS OF UNRESTRICTED FUNDS
30 FROM INDIVIDUALS, PARTNERSHIPS, CORPORATIONS OR ORGANIZATIONS AS NECES-
31 SARY TO ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE; AND
32 12. TO EXERCISE AND PERFORM SUCH OTHER POWERS AND DUTIES AS NECESSARY
33 TO ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE.
34 S 993-B. ASSISTANCE OF OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
35 THIS ARTICLE, THE COUNCIL MAY REQUEST FROM ANY DEPARTMENT, BOARD,
36 BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE, AND THE SAME ARE
37 AUTHORIZED TO PROVIDE, SUCH ASSISTANCE, SERVICES AND DATA AS WILL ENABLE
38 THE COUNCIL PROPERLY TO CARRY OUT ITS POWERS AND DUTIES AS PROVIDED IN
39 SUBDIVISION TWO OF THIS SECTION.
40 S 994. DETERMINATION OF UNFUNDED MANDATE. 1. UPON THE REQUEST OF THE
41 GOVERNING BODY OF A CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT, PURSUANT
42 TO SECTION NINE HUNDRED NINETY-FOUR-A OF THIS ARTICLE, OR UPON A REQUEST
43 OF A SCHOOL DISTRICT, PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR-B OF
44 THIS ARTICLE, OR UPON A REQUEST OF A FIRE DISTRICT, WATER DISTRICT OR
45 OTHER SPECIAL DISTRICT PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR-C OF
46 THIS ARTICLE, THE COUNCIL SHALL MAKE A DETERMINATION AS TO WHETHER A
47 STATUTE, REGULATION, RULE OR ORDER IS AN UNFUNDED MANDATE.
48 2. UPON THE SUBMISSION OF A DEPARTMENT, DIVISION, OFFICE, BUREAU OR
49 OTHER AGENCY OF STATE GOVERNMENT, PURSUANT TO SECTION NINE HUNDRED NINE-
50 TY-FOUR-D OF THIS ARTICLE, THE COUNCIL SHALL MAKE A DETERMINATION AS TO
51 WHETHER A STATUTE, REGULATION, RULE OR ORDER IS AN UNFUNDED MANDATE.
52 3. THE COUNCIL, UPON RECEIPT OF THE REQUEST OR SUBMISSION PURSUANT TO
53 SECTION NINE HUNDRED NINETY-FOUR-A, SECTION NINE HUNDRED NINETY-FOUR-B,
54 SECTION NINE HUNDRED NINETY-FOUR-C OR NINE HUNDRED NINETY-FOUR-D OF THIS
55 ARTICLE SHALL HAVE NINETY DAYS TO MAKE A DETERMINATION AS TO WHETHER THE
56 STATUTE, REGULATION, RULE OR ORDER CONTAINED IN THE REQUEST OR
S. 5568 4
1 SUBMISSION SHALL BE DEEMED TO CONSTITUTE AN UNFUNDED MANDATE. IN MAKING
2 SUCH DETERMINATION, THE COUNCIL SHALL CONSIDER IF THE STATUTE, REGU-
3 LATION, RULE OR ORDER LEGALLY REQUIRES THE CITY, TOWN, VILLAGE OR COUNTY
4 GOVERNMENT, SCHOOL DISTRICT, FIRE DISTRICT, WATER DISTRICT OR OTHER
5 SPECIAL DISTRICT TO PERFORM AN ACT, OR REFRAIN FROM ACTING, IN A MATERI-
6 AL MANNER AND WITH A MATERIAL COST. IN FURTHER MAKING ITS DETERMINATION,
7 THE COUNCIL SHALL FURTHER CONSIDER IF THE COST INCURRED AS A RESULT OF
8 THE GOVERNMENT OR DISTRICT COMPLYING WITH THE STATUTE, REGULATION, RULE
9 OR ORDER IS NOT REIMBURSED TO THE GOVERNMENT OR DISTRICT BY EITHER THE
10 FEDERAL OR STATE GOVERNMENT, OR IF SUCH GOVERNMENT OR DISTRICT IS NOT
11 OTHERWISE PROVIDED WITH THE ABILITY TO COLLECT A FEE OR OTHER MONIES IN
12 RETURN FOR THE COMPLIANCE WITH SUCH STATUTE, REGULATION, RULE OR ORDER.
13 4. THE COUNCIL NEED NOT CONSIDER A REQUEST FOR DETERMINATION PURSUANT
14 TO SUBDIVISION ONE OF THIS SECTION IF THE COUNCIL HAS PREVIOUSLY MADE A
15 DETERMINATION WITHIN FIVE YEARS OF THE REQUEST, REGARDING THE SAME EXACT
16 STATUTORY PROVISION OR REGULATION. IN THE EVENT THAT THE COUNCIL
17 DECLINES TO CONSIDER A REQUEST FOR A DETERMINATION PURSUANT TO SUBDIVI-
18 SION ONE OF THIS SECTION, THE COUNCIL SHALL NOTIFY THE CITY, TOWN,
19 VILLAGE OR COUNTY, IN WRITING, OF ITS DECLINATION TO CONSIDER THE
20 REQUEST, AND SHALL PROVIDE THE CITY, TOWN, VILLAGE OR COUNTY WITHIN SUCH
21 NOTIFICATION WITH A COPY OF THE COUNCIL'S PREVIOUS DETERMINATION ON THE
22 SAME EXACT STATUTORY PROVISION OR REGULATION.
23 5. THE COUNCIL SHALL MAKE ITS DETERMINATION AS TO WHETHER THE STATUTE,
24 REGULATION, RULE OR ORDER CONTAINED IN THE REQUEST OR SUBMISSION CONSTI-
25 TUTES AN UNFUNDED MANDATE, BY MEANS OF A MAJORITY VOTE OF ALL THE
26 MEMBERS OF THE COUNCIL, AFTER DUE CONSIDERATION OF THE FACTS AND UPON
27 DUE DELIBERATION AND DISCUSSION OF THE MEMBERS. THE MEETING TO CONSIDER
28 WHETHER A REQUESTED STATUTE, REGULATION, RULE OR ORDER CONTAINED IN THE
29 REQUEST CONSTITUTES AN UNFUNDED MANDATE, AND ALL THE DELIBERATIONS AND
30 DISCUSSIONS AT SUCH MEETING, SHALL BE SUBJECT TO THE PROVISIONS OF ARTI-
31 CLE SEVEN OF THE PUBLIC OFFICERS LAW. IN THE EVENT THAT THE COUNCIL
32 DETERMINES THAT THE STATUTE, REGULATION, RULE OR ORDER CONSTITUTES AN
33 UNFUNDED MANDATE, IT SHALL NOTIFY THE GOVERNMENT OR DISTRICT WHO MADE
34 THE REQUEST, OR THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY
35 OF STATE GOVERNMENT THAT MADE THE SUBMISSION, AND POST AND PUBLISH A
36 RECORD OF SUCH DETERMINATION ON THE OFFICIAL WEBSITE OF THE COUNCIL.
37 6. NOTWITHSTANDING ANYTHING IN THIS SUBDIVISION TO THE CONTRARY, THE
38 FOLLOWING CATEGORIES OF STATUTES, REGULATIONS, RULES OR ORDERS, SHALL
39 NOT BE CONSIDERED UNFUNDED MANDATES:
40 A. THOSE WHICH ARE REQUIRED TO COMPLY WITH FEDERAL LAWS OR RULES OR TO
41 MEET ELIGIBILITY STANDARDS FOR FEDERAL ENTITLEMENTS;
42 B. THOSE WHICH REPEAL, REVISE OR EASE AN EXISTING REQUIREMENT OR
43 MANDATE OR WHICH REAPPORTION THE COSTS OF ACTIVITIES BETWEEN BOARDS OF
44 EDUCATION, COUNTIES, AND MUNICIPALITIES;
45 C. THOSE WHICH STEM FROM FAILURE TO COMPLY WITH PREVIOUSLY ENACTED
46 LAWS OR RULES OR REGULATIONS ISSUED PURSUANT TO LAW;
47 D. THOSE WHICH IMPLEMENT THE PROVISIONS OF THE STATE CONSTITUTION; AND
48 E. THOSE STATUTES WHICH ARE ENACTED AFTER A PUBLIC HEARING, HELD AFTER
49 PUBLIC NOTICE THAT UNFUNDED MANDATES WILL BE CONSIDERED, FOR WHICH A
50 FISCAL ANALYSIS IS AVAILABLE AT THE TIME OF THE PUBLIC HEARING AND
51 WHICH, IN ADDITION TO COMPLYING WITH ALL OTHER CONSTITUTIONAL REQUIRE-
52 MENTS WITH REGARD TO THE ENACTMENT OF LAWS, ARE PASSED BY AN AFFIRMATIVE
53 VOTE OF THE MEMBERS OF EACH HOUSE OF THE LEGISLATURE AND SIGNED INTO LAW
54 BY THE GOVERNOR.
55 7. NOTWITHSTANDING THE DETERMINATION OF ANY COURT OF COMPETENT JURIS-
56 DICTION, THE COUNCIL SHALL RESOLVE ANY DISPUTE REGARDING WHETHER SUCH A
S. 5568 5
1 STATUTE, REGULATION, RULE OR ORDER CONSTITUTES SUCH AN UNFUNDED MANDATE.
2 THE DECISIONS OF THE COUNCIL WITH RESPECT TO WHETHER A STATUTE, REGU-
3 LATION, RULE OR ORDER, WHICH CONSTITUTES AN UNFUNDED MANDATE SHALL NOT
4 BE JUDICIAL DETERMINATIONS.
5 S 994-A. REQUEST BY A CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT. ANY
6 CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT MAY MAKE A REQUEST OF THE COUN-
7 CIL TO REVIEW A STATUTE, REGULATION, RULE OR ORDER OF STATE GOVERNMENT,
8 TO DETERMINE WHETHER SUCH STATUTE, REGULATION, RULE OR ORDER CONSTITUTES
9 AN UNFUNDED STATE MANDATE. THE REQUEST FOR A DETERMINATION SHALL BE MADE
10 BY MEANS OF A RESOLUTION PASSED BY A MAJORITY OF THE TOTAL MEMBERS OF
11 THE GOVERNING BODY OF THE CITY, TOWN, VILLAGE OR COUNTY AND TRANSMITTED
12 TO THE COUNCIL WITHIN NINETY DAYS OF THE PASSING OF SUCH RESOLUTION. THE
13 REQUEST OF THE GOVERNING BODY SHALL ALSO SPECIFICALLY IDENTIFY THE STAT-
14 UTE, REGULATION, RULE OR ORDER IN QUESTION. A REQUEST OF THE GOVERNING
15 BODY SHALL FURTHER CONTAIN ONLY ONE STATUTE, REGULATION, RULE OR ORDER
16 UPON WHICH A DETERMINATION IS SOUGHT. NO CITY, TOWN, VILLAGE OR COUNTY
17 GOVERNMENT, SHALL MAKE MORE THAN TEN REQUESTS OF THE COUNCIL FOR A
18 DETERMINATION IN ANY CALENDAR YEAR.
19 S 994-B. REQUEST BY A SCHOOL DISTRICT. ANY SCHOOL DISTRICT MAY MAKE A
20 REQUEST OF THE COUNCIL TO REVIEW A STATUTE, REGULATION, RULE OR ORDER OF
21 STATE GOVERNMENT, TO DETERMINE WHETHER SUCH STATUTE, REGULATION, RULE OR
22 ORDER CONSTITUTES AN UNFUNDED STATE MANDATE. THE REQUEST FOR A DETERMI-
23 NATION SHALL BE MADE BY MEANS OF A RESOLUTION PASSED BY A MAJORITY OF
24 THE TOTAL MEMBERS OF THE GOVERNING BODY OF THE SCHOOL DISTRICT AND TRAN-
25 SMITTED TO THE COUNCIL WITHIN NINETY DAYS OF THE PASSING OF SUCH RESOL-
26 UTION. THE REQUEST OF THE GOVERNING BODY SHALL ALSO SPECIFICALLY IDENTI-
27 FY THE STATUTE, REGULATION, RULE OR ORDER IN QUESTION. A REQUEST OF THE
28 GOVERNING BODY SHALL FURTHER CONTAIN ONLY ONE STATUTE, REGULATION, RULE
29 OR ORDER UPON WHICH A DETERMINATION IS SOUGHT. NO SCHOOL DISTRICT,
30 SHALL MAKE MORE THAN FIVE REQUESTS OF THE COUNCIL FOR A DETERMINATION IN
31 ANY CALENDAR YEAR.
32 S 994-C. REQUEST BY A FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL
33 DISTRICT. ANY FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT
34 MAY MAKE A REQUEST OF THE COUNCIL TO REVIEW A STATUTE, REGULATION, RULE
35 OR ORDER OF STATE GOVERNMENT, TO DETERMINE WHETHER SUCH STATUTE, REGU-
36 LATION, RULE OR ORDER CONSTITUTES AN UNFUNDED STATE MANDATE. THE REQUEST
37 FOR A DETERMINATION SHALL BE MADE BY MEANS OF A RESOLUTION PASSED BY A
38 MAJORITY OF THE TOTAL MEMBERS OF THE GOVERNING BODY OF THE FIRE
39 DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT AND TRANSMITTED TO
40 THE COUNCIL WITHIN NINETY DAYS OF THE PASSING OF SUCH RESOLUTION. THE
41 REQUEST OF THE GOVERNING BODY SHALL ALSO SPECIFICALLY IDENTIFY THE STAT-
42 UTE, REGULATION, RULE OR ORDER IN QUESTION. A REQUEST OF THE GOVERNING
43 BODY SHALL FURTHER CONTAIN ONLY ONE STATUTE, REGULATION, RULE OR ORDER
44 UPON WHICH A DETERMINATION IS SOUGHT. NO FIRE DISTRICT, WATER DISTRICT
45 OR OTHER SPECIAL DISTRICT, SHALL MAKE MORE THAN TWO REQUESTS OF THE
46 COUNCIL FOR A DETERMINATION IN ANY CALENDAR YEAR.
47 S 994-D. NEW REGULATIONS PROPOSED BY STATE GOVERNMENT. ALL DEPART-
48 MENTS, DIVISIONS, OFFICES, BUREAUS OR OTHER AGENCIES OF STATE GOVERN-
49 MENT, UPON THE PROMULGATION OF A NEW REGULATION, RULE OR ORDER, OR THE
50 AMENDMENT OF AN EXISTING REGULATION, RULE OR ORDER, WHICH WOULD REQUIRE
51 ANY CITY, TOWN, VILLAGE OR COUNTY, SCHOOL DISTRICT, FIRE DISTRICT, WATER
52 DISTRICT OR OTHER SPECIAL DISTRICT, TO TAKE ANY ACTION, PERFORM ANY
53 DUTY, MAKE ANY EXPENDITURE, OR INCUR ANY COST, MUST BE SUBMITTED TO THE
54 COUNCIL FOR A DETERMINATION, PURSUANT TO SECTION NINE HUNDRED
55 NINETY-FOUR OF THIS ARTICLE, AS TO WHETHER SUCH NEW REGULATION, RULE OR
56 ORDER, OR THE AMENDMENT OF AN EXISTING REGULATION, RULE OR ORDER CONSTI-
S. 5568 6
1 TUTES AN UNFUNDED MANDATE. THE SUBMISSION BY THE DEPARTMENT, DIVISION,
2 OFFICE, BUREAU OR OTHER AGENCY OF STATE GOVERNMENT, SHALL PROVIDE THE
3 REGULATION, RULE OR ORDER IN QUESTION, TOGETHER WITH AN ANALYSIS AND
4 JUSTIFICATION FOR REGULATION, RULE OR ORDER IN QUESTION, PREPARED BY THE
5 COUNSEL FOR THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
6 THE STATE GOVERNMENT, A COUNSEL WITHIN THE GOVERNOR'S COUNSEL'S OFFICE
7 OR AN ATTORNEY FROM THE NEW YORK STATE DEPARTMENT OF LAW. NO REGULATION,
8 RULE OR ORDER REQUIRED TO BE SUBMITTED PURSUANT TO THIS SECTION SHALL
9 TAKE EFFECT PRIOR TO A DETERMINATION OF THE COUNCIL THAT SUCH REGU-
10 LATION, RULE OR ORDER IS NOT AN UNFUNDED MANDATE, OR PRIOR TO A DETERMI-
11 NATION OF THE COUNCIL THAT SUCH REGULATION, RULE OR ORDER IS AN UNFUNDED
12 MANDATE BUT THAT SUCH REGULATION, RULE OR ORDER SHOULD NOT BE REPEALED
13 PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-B OF THIS ARTICLE, UNLESS
14 THE COUNSEL FOR THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY
15 OF STATE GOVERNMENT, A COUNSEL WITHIN THE GOVERNOR'S COUNSEL'S OFFICE OR
16 AN ATTORNEY FROM THE NEW YORK STATE DEPARTMENT OF LAW, PROVIDES A LEGAL
17 DETERMINATION WITH THE SUBMISSION REQUIRED PURSUANT TO THIS SECTION,
18 THAT THE FAILURE TO IMMEDIATELY ESTABLISH THE REGULATION, RULE OR ORDER
19 WOULD RESULT IN SUBSTANTIAL AND IMMEDIATE HARM TO THE PEOPLE OF THE
20 STATE OF NEW YORK.
21 S 995. CONSIDERATION OF THE ISSUE OF REPEAL OF AN UNFUNDED MANDATE.
22 WITHIN TWENTY-ONE DAYS OF MAKING A DETERMINATION THAT A STATUTE, REGU-
23 LATION, RULE OR ORDER CONSTITUTES AN UNFUNDED MANDATE, THE COUNCIL SHALL
24 MEET TO CONSIDER THE ISSUE OF THE REPEAL OF THE STATUTE, REGULATION,
25 RULE OR ORDER. THE MEETING TO CONSIDER THE ISSUE OF THE REPEAL OF THE
26 STATUTE, REGULATION, RULE OR ORDER DETERMINED TO BE AN UNFUNDED MANDATE,
27 AND ALL THE DELIBERATIONS AND DISCUSSIONS AT SUCH MEETING, SHALL BE
28 SUBJECT TO THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
29 S 995-A. REPEAL OF UNFUNDED MANDATES CONTAINED IN CURRENT REGULATIONS.
30 UPON MEETING TO CONSIDER THE ISSUE OF A REPEAL OF AN UNFUNDED MANDATE,
31 PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS ARTICLE, THE COUN-
32 CIL SHALL MAKE ITS DETERMINATION AS TO WHETHER THE REGULATION, RULE OR
33 ORDER DETERMINED TO BE AN UNFUNDED MANDATE PURSUANT TO A REQUEST MADE
34 UNDER SUBDIVISION ONE OF SECTION NINE HUNDRED NINETY-FOUR OF THIS ARTI-
35 CLE, SHALL BE REPEALED, BY MEANS OF A MAJORITY VOTE OF ALL THE MEMBERS
36 OF THE COUNCIL, AFTER DUE CONSIDERATION OF THE FACTS AND UPON DUE DELIB-
37 ERATION AND DISCUSSION OF THE MEMBERS. IN THE EVENT THE COUNCIL DETER-
38 MINES THAT THE REGULATION, RULE OR ORDER IN QUESTION SHALL BE REPEALED,
39 THE COUNCIL SHALL INFORM, IN WRITING, THE DEPARTMENT, DIVISION, OFFICE,
40 BUREAU OR OTHER AGENCY OF STATE GOVERNMENT WHICH PROMULGATED OR ISSUED
41 THE REGULATION, RULE OR ORDER IN QUESTION, AS WELL AS THE GOVERNMENT OR
42 DISTRICT THAT REQUESTED IT TO BE DETERMINED AN UNFUNDED MANDATE, AND
43 THEREAFTER SUCH REGULATION, RULE OR ORDER SHALL EXPIRE AND BE DEEMED
44 REPEALED, WITHIN SIXTY DAYS OF THE DATE UPON WHICH THE COUNCIL INFORMED,
45 IN WRITING, THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
46 STATE GOVERNMENT WHICH PROMULGATED OR ISSUED THE REGULATION, RULE OR
47 ORDER IN QUESTION. IN NO EVENT SHALL THE DEPARTMENT, DIVISION, OFFICE,
48 BUREAU OR OTHER AGENCY OF STATE GOVERNMENT WHICH PROMULGATED OR ISSUED
49 THE ORIGINAL REGULATION, RULE OR ORDER IN QUESTION, REPROMULGATE, REIS-
50 SUE OR REINSTATE THE REGULATION, RULE OR ORDER IN QUESTION, WITHOUT
51 HAVING FIRST OBTAINED STATUTORY PERMISSION TO DO THE SAME BY MEANS OF AN
52 ACT OF THE STATE LEGISLATURE.
53 S 995-B. REPEAL OF UNFUNDED MANDATES CONTAINED IN PROPOSED REGU-
54 LATIONS. UPON MEETING TO CONSIDER THE ISSUE OF A REPEAL OF AN UNFUNDED
55 MANDATE, PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS ARTICLE,
56 THE COUNCIL SHALL MAKE ITS DETERMINATION AS TO WHETHER THE REGULATION,
S. 5568 7
1 RULE OR ORDER, DETERMINED TO BE AN UNFUNDED MANDATE PURSUANT TO A
2 SUBMISSION MADE UNDER SUBDIVISION TWO OF SECTION NINE HUNDRED
3 NINETY-FOUR OF THIS ARTICLE, SHALL BE REPEALED, BY MEANS OF A MAJORITY
4 VOTE OF ALL THE MEMBERS OF THE COUNCIL, AFTER DUE CONSIDERATION OF THE
5 FACTS AND UPON DUE DELIBERATION AND DISCUSSION OF THE MEMBERS. IN THE
6 EVENT THE COUNCIL DETERMINES THAT THE REGULATION, RULE OR ORDER IN QUES-
7 TION SHALL BE REPEALED, THE COUNCIL SHALL INFORM, IN WRITING, THE
8 DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF STATE GOVERNMENT
9 WHICH PROMULGATED OR ISSUED THE REGULATION, RULE OR ORDER IN QUESTION,
10 AND THEREAFTER SUCH REGULATION, RULE OR ORDER SHALL EXPIRE AND BE DEEMED
11 REPEALED, WITHIN SIXTY DAYS OF THE DATE UPON WHICH THE COUNCIL INFORMS,
12 IN WRITING, THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
13 STATE GOVERNMENT WHICH PROMULGATED OR ISSUED THE REGULATION, RULE OR
14 ORDER IN QUESTION. IN NO EVENT SHALL THE DEPARTMENT, DIVISION, OFFICE,
15 BUREAU OR OTHER AGENCY OF STATE GOVERNMENT WHICH PROMULGATED OR ISSUED
16 THE ORIGINAL REGULATION, RULE OR ORDER IN QUESTION, REPROMULGATE, REIS-
17 SUE OR REINSTATE THE REGULATION, RULE OR ORDER IN QUESTION, WITHOUT
18 HAVING FIRST OBTAINED STATUTORY PERMISSION TO DO THE SAME BY MEANS OF AN
19 ACT OF THE STATE LEGISLATURE.
20 S 995-C. REPEAL OF UNFUNDED MANDATES CONTAINED IN STATUTE. 1. UPON
21 MEETING TO CONSIDER THE ISSUE OF A REPEAL OF AN UNFUNDED MANDATE, PURSU-
22 ANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS ARTICLE, THE COUNCIL
23 SHALL MAKE ITS DETERMINATION AS TO WHETHER THE STATUTE DETERMINED TO BE
24 AN UNFUNDED MANDATE PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR OF THIS
25 ARTICLE, SHOULD BE ENDORSED BY THE COUNCIL FOR REPEAL, BY MEANS OF A
26 MAJORITY VOTE OF ALL THE MEMBERS OF THE COUNCIL, AFTER DUE CONSIDERATION
27 OF THE FACTS AND UPON DUE DELIBERATION AND DISCUSSION OF THE MEMBERS. IN
28 THE EVENT THE COUNCIL DETERMINES THAT THE STATUTE SHOULD BE ENDORSED BY
29 THE COUNCIL FOR REPEAL, THE COUNCIL SHALL INFORM, IN WRITING, ALL THE
30 ENTITIES AFFECTED BY SUCH STATUTE IN QUESTION, AS WELL AS THE GOVERNMENT
31 OR DISTRICT THAT REQUESTED IT TO BE DETERMINED AN UNFUNDED MANDATE
32 PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR OF THIS ARTICLE, AND THERE-
33 AFTER THE COUNCIL SHALL FORWARD SUCH STATUTE, TOGETHER WITH ITS ENDORSE-
34 MENT, TO THE LEGISLATURE, AS PROVIDED BY THIS SECTION.
35 2. WHENEVER THE COUNCIL VOTES TO ENDORSE THE REPEAL OF A STATUTE AS AN
36 UNFUNDED MANDATE, PURSUANT TO THE PROCEDURES OF SUBDIVISION ONE OF THIS
37 SECTION, IT SHALL PREPARE A BILL FOR POSSIBLE SUBMISSION TO THE LEGISLA-
38 TURE, CONCERNING THE REPEAL OF THE STATUTE ENDORSED FOR REPEAL THAT THE
39 COUNCIL DETERMINED TO BE AN UNFUNDED MANDATE PURSUANT TO SECTION NINE
40 HUNDRED NINETY-FOUR OF THIS ARTICLE. SUCH BILL SHALL INCLUDE THE NECES-
41 SARY PROVISIONS FOR REPEAL OF SUCH STATUTE, AS WELL AS ANY OTHER
42 PROVISIONS NECESSARY TO EFFECTUATE THE CONTINUED OPERATIONS OF STATE OR
43 LOCAL GOVERNMENT, WHICH WOULD BE REQUIRED AS A RESULT OF THE REPEAL.
44 3. UPON THE DRAFTING OF THE BILL AS PROVIDED IN SUBDIVISION TWO OF
45 THIS SECTION, THE COUNCIL SHALL CONSIDER WHETHER IT SHOULD PRESENT SUCH
46 BILL TO THE LEGISLATURE AS AN ENDORSED STATUTORY REPEAL BILL. THE MEET-
47 ING TO CONSIDER WHETHER THE COUNCIL SHALL PRESENT SUCH BILL TO THE STATE
48 LEGISLATURE AS AN ENDORSED STATUTORY REPEAL BILL OF THE COUNCIL, AND ALL
49 THE DELIBERATIONS AND DISCUSSIONS AT SUCH MEETING, SHALL BE SUBJECT TO
50 THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. THE COUNCIL
51 SHALL MAKE ITS DETERMINATION AS TO WHETHER THE COUNCIL SHOULD PRESENT
52 SUCH BILL TO THE LEGISLATURE AS AN ENDORSED STATUTORY REPEAL BILL OF THE
53 COUNCIL, BY MEANS OF A MAJORITY VOTE OF ALL THE MEMBERS OF THE COUNCIL,
54 AFTER DUE CONSIDERATION OF THE FACTS AND UPON DUE DELIBERATION AND
55 DISCUSSION OF THE MEMBERS. IN THE EVENT THE COUNCIL DETERMINES THAT THE
56 COUNCIL SHALL PRESENT SUCH BILL TO THE STATE LEGISLATURE AS AN ENDORSED
S. 5568 8
1 STATUTORY REPEAL BILL OF THE COUNCIL, THE COUNCIL SHALL INFORM, IN WRIT-
2 ING, ALL THE ENTITIES AFFECTED BY THE REPEAL OF SUCH STATUTE IN QUES-
3 TION, AS WELL AS THE GOVERNMENT OR DISTRICT THAT REQUESTED IT TO BE
4 DETERMINED AN UNFUNDED MANDATE, AND THEREAFTER THE COUNCIL SHALL FORWARD
5 SUCH ENDORSED STATUTORY REPEAL BILL OF THE COUNCIL, TO BOTH HOUSES OF
6 THE LEGISLATURE, BY MEANS OF THE OFFICE OF THE SPEAKER OF THE ASSEMBLY
7 AND BY MEANS OF THE OFFICE OF THE TEMPORARY PRESIDENT OF THE SENATE,
8 TOGETHER WITH COPIES OF SUCH ENDORSED STATUTORY REPEAL BILL OF THE
9 COMMISSION TO THE OFFICE OF THE GOVERNOR AND THE OFFICE OF THE MINORITY
10 LEADER OF THE ASSEMBLY AND THE OFFICE OF THE MINORITY LEADER IN THE
11 SENATE.
12 4. IN NO EVENT SHALL THE COUNCIL PRESENT AN ENDORSED STATUTORY REPEAL
13 BILL TO THE LEGISLATURE:
14 A. MORE THAN TWICE IN ANY MONTH;
15 B. IF THE LEGISLATURE IS NOT IN REGULAR SESSION; AND/OR
16 C. IF MORE THAN SIXTY DAYS HAS ELAPSED SINCE THE VOTE WAS TAKEN BY THE
17 COUNCIL TO ENDORSE THE REPEAL OF THE STATUTE IN QUESTION PURSUANT TO
18 SUBDIVISION ONE OF THIS SECTION.
19 5. IN THE EVENT THE LEGISLATURE WAS NOT IN REGULAR SESSION WITHIN THE
20 SIXTY DAYS AFTER THE VOTE WAS TAKEN BY THE COUNCIL TO ENDORSE THE REPEAL
21 OF THE STATUTE IN QUESTION, THE COUNCIL MAY PRESENT SUCH ENDORSED STATU-
22 TORY REPEAL BILL TO THE LEGISLATURE, IN THE MANNER PROVIDED IN SUBDIVI-
23 SION THREE OF THIS SECTION, ANY TIME WITHIN THE FIRST SEVEN DAYS THE
24 LEGISLATURE NEXT CONVENES OR RECONVENES IN REGULAR SESSION. IN NO EVENT
25 HOWEVER, MAY THE COUNCIL PRESENT MORE THAN FIFTEEN ENDORSED STATUTORY
26 REPEAL BILLS TO THE LEGISLATURE IN ANY CALENDAR YEAR.
27 6. UPON ITS PROPER PRESENTMENT TO THE LEGISLATURE, THE ENDORSED STATU-
28 TORY REPEAL BILL SHALL BE VOTED ON BY EACH HOUSE OF THE LEGISLATURE,
29 WITHOUT AMENDMENT AS PRESENTED BY THE COUNCIL, WITHIN THIRTY DAYS AFTER
30 ITS PROPER PRESENTMENT. THE COUNCIL MAY AMEND THE ENDORSED STATUTORY
31 REPEAL BILL ONE TIME WITHIN SUCH THIRTY DAY PERIOD, WHEREUPON BOTH HOUS-
32 ES OF THE LEGISLATURE SHALL THEN HAVE THIRTY DAYS FROM THE SUBMISSION OF
33 SUCH AMENDMENT TO VOTE ON THE AMENDED ENDORSED STATUTORY REPEAL BILL.
34 WITHOUT THE CONSENT OF BOTH HOUSES OF THE LEGISLATURE, NEITHER AN
35 ENDORSED STATUTORY REPEAL BILL, NOR AN AMENDMENT MAY BE SUBMITTED BY THE
36 COUNCIL AFTER THE THIRTIETH DAY OF MAY IN ANY YEAR.
37 7. UNDER PROVISIONS CONTAINED IN AN ENDORSED STATUTORY REPEAL BILL, A
38 PROVISION OF SUCH BILL MAY BE EFFECTIVE AT A TIME LATER THAN THE DATE ON
39 WHICH THE BILL OTHERWISE IS EFFECTIVE.
40 S 996. REPORTS AND RECOMMENDATIONS OF THE NEW YORK STATE MANDATE
41 RELIEF COUNCIL. IN ADDITION TO ALL OTHER ACTIVITIES OF THE COUNCIL, IT
42 SHALL ALSO MAKE, UPON A MAJORITY VOTE OF THE MEMBERS OF ITS BOARD, SUCH
43 PUBLIC REPORTS AND RECOMMENDATIONS AS IT DEEMS NECESSARY FOR THE
44 ADVANCEMENT OF ITS POWERS AND DUTIES. ALL MEETINGS TO CONSIDER WHETHER
45 TO MAKE OR ISSUE SUCH A PUBLIC REPORT OR RECOMMENDATION, AND ALL THE
46 DELIBERATIONS AND DISCUSSIONS AT SUCH MEETINGS, SHALL BE SUBJECT TO THE
47 PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. IN ADDITION TO
48 ALL OTHER REPORTS AND RECOMMENDATIONS THAT THE COUNCIL MAY VOTE TO MAKE,
49 THE COUNCIL SHALL PRODUCE AND PROVIDE AN ANNUAL REPORT OF THE COUNCIL,
50 ITS ACTIVITIES, AND THE ISSUES, STATUTES, REGULATIONS, RULES AND ORDERS
51 WHICH IT EXAMINED AND CONSIDERED. SUCH ANNUAL REPORT SHALL BE PRODUCED
52 AND ISSUED NO LATER THAN THE FIFTEENTH DAY OF DECEMBER, AND SHALL BE
53 PRESENTED TO EACH HOUSE OF THE LEGISLATURE, BY MEANS OF THE OFFICE OF
54 THE SPEAKER OF THE ASSEMBLY AND BY MEANS OF THE OFFICE OF THE TEMPORARY
55 PRESIDENT OF THE SENATE, TOGETHER WITH COPIES OF SUCH ANNUAL REPORT TO
56 THE OFFICE OF THE GOVERNOR AND THE OFFICE OF THE MINORITY LEADER OF THE
S. 5568 9
1 ASSEMBLY AND THE OFFICE OF THE MINORITY LEADER IN THE SENATE. THE ANNUAL
2 REPORT OF THE COUNCIL SHALL ALSO BE POSTED FOR PUBLIC REVIEW UPON THE
3 COUNCIL'S WEBSITE.
4 S 997. COMPTROLLER REPORT OF UNFUNDED MANDATES. ON OR BEFORE THE THIR-
5 TY-FIRST DAY OF DECEMBER, TWO THOUSAND ELEVEN, AND THEN EVERY FIVE YEARS
6 THEREAFTER, THE OFFICE OF THE STATE COMPTROLLER SHALL ISSUE A REPORT TO
7 THE LEGISLATURE, BY MEANS OF THE OFFICE OF THE SPEAKER OF THE ASSEMBLY
8 AND BY MEANS OF THE OFFICE OF THE TEMPORARY PRESIDENT OF THE SENATE,
9 TOGETHER WITH COPIES OF SUCH ANNUAL REPORT TO THE OFFICE OF THE GOVERNOR
10 AND THE OFFICE OF THE MINORITY LEADER OF THE ASSEMBLY AND THE OFFICE OF
11 THE MINORITY LEADER IN THE SENATE ON THE ISSUE OF UNFUNDED MANDATES BY
12 THE FEDERAL AND STATE GOVERNMENT UPON THE CITIES, TOWNS, VILLAGES AND
13 COUNTY GOVERNMENTS, SCHOOL DISTRICTS, FIRE DISTRICTS, WATER DISTRICTS,
14 AND OTHER SPECIAL DISTRICTS THROUGHOUT NEW YORK STATE. SUCH REPORT SHALL
15 DETAIL, IN SPECIFICITY, THE FINANCIAL IMPLICATIONS OF SUCH MANDATES UPON
16 SUCH GOVERNMENTS AND DISTRICTS, AND THEIR REAL PROPERTY TAXPAYERS, AS
17 WELL AT THE METHODS AND MEANS THAT HAVE BEEN USED BY SUCH GOVERNMENTS
18 AND DISTRICTS TO ADDRESS SUCH MANDATES. SUCH REPORT SHALL FURTHER OFFER
19 RECOMMENDATIONS TO THE STATE LEGISLATURE AND TO CITIES, TOWNS, VILLAGES
20 AND COUNTY GOVERNMENTS, SCHOOL DISTRICTS, FIRE DISTRICTS, WATER
21 DISTRICTS AND OTHER SPECIAL DISTRICTS THROUGHOUT NEW YORK STATE.
22 S 998. FISCAL NOTES FOR BILLS ENACTING MANDATES UPON LOCAL GOVERN-
23 MENTS. ANY BILL WHICH REQUIRES A CITY, TOWN, VILLAGE OR COUNTY GOVERN-
24 MENT, SCHOOL DISTRICT, FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL
25 DISTRICT TO TAKE ANY ACTION, OR REFRAIN FROM TAKING ANY ACTION, AND
26 WHICH DOES NOT CONTAIN AN APPROPRIATION FOR SUCH CITY, TOWN, VILLAGE OR
27 COUNTY GOVERNMENT, SCHOOL DISTRICT, FIRE DISTRICT, WATER DISTRICT OR
28 OTHER SPECIAL DISTRICT TO COVER THE COST OF TAKING SUCH REQUIRED ACTION,
29 OR REFRAINING FROM TAKING SUCH ACTION, SHALL CONTAIN A FISCAL NOTE,
30 PRINTED ON THE BOTTOM OF THE BILL, STATING THE ESTIMATED ANNUAL COST
31 SUCH CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT, SCHOOL DISTRICT, FIRE
32 DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT WILL INCUR IN THE
33 EVENT SUCH BILL IS ENACTED, AND THE SOURCE OF SUCH ESTIMATE. FOR THE
34 PURPOSE OF COMPLYING WITH THIS SECTION, THE OFFICE OF THE STATE COMP-
35 TROLLER, UPON A REQUEST FROM A MEMBER OF THE SENATE OR ASSEMBLY FOR SUCH
36 A FISCAL NOTE, SHALL ISSUE AND PROVIDE SUCH FISCAL NOTE TO SUCH MEMBER
37 OF THE SENATE OR ASSEMBLY, WITHIN FIFTEEN DAYS OF SUCH REQUEST.
38 S 999. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
39 SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPE-
40 TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR,
41 OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
42 TION TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART
43 THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
44 SHALL HAVE BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE
45 LEGISLATURE THAT THIS ARTICLE WOULD HAVE BEEN ENACTED EVEN IF SUCH
46 INVALID PROVISIONS HAD NOT BEEN INCLUDED IN THIS SECTION.
47 S 2. Section 51 of the legislative law, as added by chapter 985 of the
48 laws of 1983, is amended to read as follows:
49 S 51. Fiscal impact notes on bills affecting political subdivisions.
50 1. For the purpose of this section, the term "political subdivision"
51 means any county, city, town, village, special district or school
52 district.
53 2. [The] IN ADDITION TO THE PROVISIONS OF SECTION NINE HUNDRED NINE-
54 TY-EIGHT OF THE GENERAL MUNICIPAL LAW, THE legislature [shall] MAY by
55 concurrent resolution of the senate and assembly prescribe rules requir-
56 ing fiscal notes to accompany, on a separate form, bills and amendments
S. 5568 10
1 to bills, except as otherwise prescribed by such rules, which would
2 substantially affect the revenues or expenses, or both, of any political
3 subdivision.
4 3. [Fiscal] EXCEPT AS TO THE EXTENT REQUIRED IN THE PROVISIONS OF
5 SECTION NINE HUNDRED NINETY-EIGHT OF THE GENERAL MUNICIPAL LAW, FISCAL
6 notes shall not, however, be required for bills: (a) subject to the
7 provisions of section fifty of this chapter, or (b) accompanied by
8 special home rule requests submitted by political subdivisions, or (c)
9 which provide discretionary authority to political subdivisions, or (d)
10 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 legislative law is amended by adding a new section 54-c to
15 read as follows:
16 S 54-C. ENDORSED STATUTORY REPEAL BILLS FROM THE NEW YORK STATE
17 MANDATE RELIEF COUNCIL. THE LEGISLATURE MAY BY CONCURRENT RESOLUTION
18 PRESCRIBE RULES FOR THE CONSIDERATION AND DISPOSITION OF ENDORSED STATU-
19 TORY REPEAL BILLS FROM THE NEW YORK STATE MANDATE RELIEF COUNCIL, AS
20 DEFINED IN ARTICLE NINETEEN-C OF THE GENERAL MUNICIPAL LAW.
21 S 4. This act shall take effect immediately.
