Establishes the New York State mandate relief act

Summary of specific provisions

Section one of this bill would add a new Article 19-C to the General Municipal Law entitled Mandate Relief. Such article would:

1 Provide a short title

2. Provide legislative findings and determinations

3. Establish a New York State Mandate Relief Council of 11 members nominated by the governor and legislature, who would serve for five year terms, with powers and duties to address the issue of unfunded mandates in New York State. Among the powers and duties of the New York State Mandate Relief Council would be:

a. The ability, upon a request from any city, town, village or county government, or any school, fire, water or other special district, to make a determination, by majority vote of the council, whether a statute, regulation, rule or order constitutes an unfunded mandate;

b. The ability, upon a mandatory submission from a department, division, office, bureau or other agency of state government, to determine if a new regulation constitutes an unfunded mandate;

c. The ability, by majority vote of the council, to repeal any regulation, rule or order determined to be an unfunded mandate;

d. The ability, by majority vote of the council, to submit an endorsed statutory repeal bill to the legislature, to repeal a statutory unfunded mandate, whereupon such the legislature must vote upon such bill within 30 days of its proper presentment; and

e. The ability to make public reports and recommendations regarding unfunded mandates.

4. Require the Office of the State Comptroller to issue a detailed report on the costs and effects of unfunded mandates.

5. Require that all bills which require a local government or a school or fire district to take any action, or refrain from taking any action and which does not contain an appropriation therefore, shall be required to contain, printed on the bottom of the bill, a fiscal note stating the estimated cost of such mandate and the source of such estimate.

Sections two and three of the bill would make conforming changes to the legislative law consistent with Article 19-c.

Justification

Unfunded mandates imposed upon local governments and school and fire districts are one of the most serious factors in the increase of real property taxes in New York State. This bill would address this problem is a comprehensive way by providing thoughtful and effective mechanisms to eliminate unnecessary unfunded mandates throughout New York.

This bill would establish a Mandate Relief Council to target unfunded mandates and make determinations regarding the same. Subject to legislative oversight, this entity could eliminate regulatory mandates, and propose bills, which the legislature must quickly consider, to eliminate statutory mandates.

This bill would further require the Council and the State Comptroller to also issue reports on current unfunded mandates and track and report on future ones. It would further require that all bills which would enact a mandate without an accompanying appropriation must be accompanied by a fiscal note printed on the bottom of the bill. This practice, currently in the legislative law for retirement bills, has worked well to shed much needed light on these proposals prior to their passage.

Prior legislative history

This is a new bill.

Fiscal implications

This act can be accomplished within current appropriations.

Effective date

This act would take effect immediately.