New York A 5728: Places a permanent moratorium on unfunded mandates

Bill Text

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A05728 Summary:

BILL NOA05728 

&nbsp

SAME ASNo Same As

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SPONSORBarclay (MS)

&nbsp

COSPNSRPalmesano, Brabenec, Blankenbush, Friend, DiPietro, Miller, Walsh, Manktelow, Gallahan, Lemondes,
 DeStefano, Simpson, Tague, Beephan, Slater, Molitor

&nbsp

MLTSPNSRAngelino, Brown K, Fitzpatrick, Hawley, McDonough

&nbsp

Add §51-a, amd §51, Leg L

&nbsp

Places a permanent moratorium on unfunded mandates.

Go to top A05728 Actions:

BILL NOA05728 

&nbsp

02/20/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA05728 Committee&nbspVotes:

Go to topA05728 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05728 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5728

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 20, 2025
 ___________

 Introduced by M. of A. BARCLAY, PALMESANO, BRABENEC, BLANKENBUSH,
 FRIEND, DiPIETRO, MILLER, WALSH, MANKTELOW, GALLAHAN, LEMONDES, DeSTE-
 FANO, SIMPSON, TAGUE, BEEPHAN, SLATER -- Multi-Sponsored by -- M. of
 A. ANGELINO, K. BROWN, FITZPATRICK, HAWLEY, McDONOUGH -- 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:
 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.
 LBD03973-01-5

 A. 5728 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 cons