STATE OF NEW YORK ________________________________________________________________________ 3775 2019-2020 Regular Sessions IN SENATE February 14, 2019 ___________ Introduced by Sen. JACOBS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the legislative law, the executive law and the state administrative procedure act, in relation to unfunded mandate review The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "unfunded mandate review act". 3 § 2. Section 51 of the legislative law, as added by chapter 985 of the 4 laws of 1983, is amended to read as follows: 5 § 51. Fiscal impact notes on bills affecting political subdivisions. 6 1. For the purpose of this section, the term "political subdivision" 7 means the state, or any division, agency or body of the state; or any 8 county, city, town, village, special district or school district. 9 2. [~~The legislature shall by concurrent resolution of the senate and~~ 10 ~~assembly prescribe rules requiring fiscal notes to accompany, on a sepa-~~ 11 ~~rate form, bills and amendments to bills, except as otherwise prescribed~~ 12 ~~by such rules, which would substantially affect the revenues or~~ 13 ~~expenses, or both, of any political subdivision~~] Whenever a committee of 14 either house reports a bill that includes an unfunded mandate affecting 15 a political subdivision, the bill shall be accompanied by: 16 (a) an identification and description of any mandate in the bill 17 anticipated to have a direct or indirect cost, a qualitative, and if 18 practicable, a quantitative assessment of the costs and benefits of the 19 mandate; and 20 (b) a fiscal impact note provided by the comptroller. Fiscal note 21 estimates shall include total cost of complying with the bill and future 22 projected costs. If the comptroller determines that an estimate is not 23 feasible to make, the comptroller shall report reasons for determining 24 an estimate cannot be made. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05750-01-9

S. 3775 2 1 3. Fiscal notes shall not, however, be required for bills: (a) subject 2 to the provisions of section fifty of this chapter, or (b) accompanied 3 by special home rule requests submitted by political subdivisions, or 4 (c) which provide discretionary authority to political subdivisions, or 5 (d) submitted pursuant to section twenty-four of the state finance law. 6 4. If the estimate or estimates contained in a fiscal note are inaccu- 7 rate, such inaccuracies shall not affect, impair or invalidate such 8 bill. 9 5. Except as provided in subdivisions three and four of this section, 10 the legislature shall not consider a bill including an unfunded mandate 11 affecting a political subdivision if it is not accompanied by a 12 description and fiscal impact note as provided in subdivision two of 13 this section. 14 § 3. The executive law is amended by adding a new section 50-a to read 15 as follows: 16 § 50-a. Review of legislation affecting political subdivisions. 1. 17 Fiscal impact notes on bills affecting political subdivisions. Upon the 18 request of a legislative committee chairman or the minority ranking 19 member, the comptroller shall provide a fiscal impact note for any bill 20 that includes an unfunded mandate affecting a political subdivision. 21 Fiscal note estimates shall include total cost of complying with the 22 bill and future projected costs. If the comptroller determines that an 23 estimate is not feasible to make, the comptroller shall report the 24 reasons for determining an estimate cannot be made. 25 2. Continuing mandate study. The comptroller shall conduct a study of 26 legislative proposals containing an unfunded mandate upon a political 27 subdivision. In conducting this continuing study, the comptroller shall 28 solicit and consider information or comments from elected officials, 29 advisory panels and stakeholders. To the extent accurate estimates are 30 reasonably feasible, the estimates shall include future costs to the 31 extent that such differ significantly from or extend beyond five years. 32 3. Cost of regulations. The comptroller shall prepare a comparison 33 between the estimated costs of implementing a regulation provided by the 34 relevant agency and the administrative regulation review commission, and 35 provide the comparison to the legislative committee chairman and the 36 ranking minority member of the committee from which the request pursuant 37 to section two hundred eight of the state administrative procedure act 38 originated. 39 § 4. The state administrative procedure act is amended by adding a new 40 section 208 to read as follows: 41 § 208. Unfunded mandate review. 1. There is hereby established an 42 administrative regulation review commission. It shall be the duty of the 43 commission, upon the request of a legislative committee chairman or the 44 ranking minority member, to provide an estimated cost of any proposed 45 regulation, and to provide such estimate to the comptroller for his or 46 her review pursuant to subdivision two of section fifty-a of the execu- 47 tive law. 48 2. It shall be the duty of the administrative regulation review 49 commission to examine all unfunded mandates imposed upon any political 50 subdivision and report recommendations biennially to the legislature 51 regarding: 52 (a) ways to allow flexibility in complying with specific mandates 53 which may be unnecessarily rigid or complex; 54 (b) reconciling any two or more mandates which impose contradictory or 55 inconsistent requirements;

S. 3775 3 1 (c) terminating any duplicative, obsolete, impractical or unnecessary 2 mandates; 3 (d) suspending on a temporary basis the mandates which are not vital 4 to public health and safety; 5 (e) consolidating or simplifying mandates; and 6 (f) mitigating negative impacts that may result from relieving a poli- 7 tical subdivision. 8 In issuing this report, the commission shall consult with the gover- 9 nor, state agencies, legislature, any relevant advisory groups and 10 stakeholder groups. 11 § 5. This act shall take effect on the ninetieth day after it shall 12 have become a law.

Provides for the review of unfunded mandates

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