The NYGFOA Legal and Legislative Committee identify and follow legislation before the State Legislature which could potentially impact government finance. Listed below is legislation being considered during the 2019 Legislative Session.

For more detailed information on any of the bills listed below such as bill text, sponsors memos, and prior legislative history, click the link for the New York State Senate or New York State Assembly web site below.

New York State Senate

New York State Assembly

2019 Legislative Watch

Legislation of Interest (as of 4/17/19)

Cash Management

A. 439 (Steck)/S. 1586 (Sanders)  --  Status: Assembly Banking Committee/Senate Local Government Committee

A. 3262 (Zebrowski)/S. 322 (Robach)  --  Status: Assembly Banking Committee/Senate Local Government Committee 

DEPOSITS WITH CREDIT UNIONS AND SAVINGS BANKS: Credit unions, savings banks, savings and loans and federal savings associations would be authorized to accept deposits from municipal corporations, up to $1 million per depository.  These institutions would also be required to pay the mortgage recording tax under Article 11 of the NYS Tax Law.  Currently, only commercial banks (with limited exceptions) can accept deposits from municipal corporations. 

 

A. 3875 (McDonald)  --  Status: Assembly Judiciary Committee

RATE OF INTEREST ON JUDGMENTS AND CLAIMS: The interest rate on judgments and accrued claims, current set in statute at 9%, would be changed to a market-rate of interest.

 

DEBT MANAGEMENT/LOCAL FINANCE LAW

 A. 74 (Jenne)  --  Status:  Assembly Local Government Committee

EXTENSION OF BAN ROLLOVERS FROM 2009 AND 2010: This legislation extends the rollover period for bond anticipation notes (BANs) issued during 2009 and 2010 to not more than 7 years beyond the original date of issue. 

HUMAN RESOURCES

A. 762 (Rosenthal)/S. 838 (Montgomery)  --  Status:  Assembly Ways and Means Committee/Senate Third Reading

SETTING SALARIES BASED ON COMPARABILITY OF WORK: This legislation would establish a state policy of setting salaries on the basis of equivalent value of work. 

 

A. 467 (Paulin)/S. 2434 (Robach)  --  Status:  Assembly Local Government Committee/Senate Local Government Committee

POLICE CHIEF PAY INCREASES: This legislation would require that a police chief receive an immediate increase to their salary if their direct subordinate receives a salary increase.  The increase would be in the same dollar amount as received by the direct subordinate.  This practice was repealed in 2011.

 

A. 587 (Rozic)/S. 2595 (Biaggi)  --  Status:  Assembly Corporations, Authorities and Commissions Committee/Senate Corporations, Authorities and Commissions Committee

GENDER BALANCE IN CERTAIN APPOINTED POSITIONS: Several state statutes would be amended to require that appointments of members to state and local public authorities, industrial development agencies and local development corporations be gender balanced. 

 

A. 3460 (Abinanti)/S. 3152 (Addabbo)  --  Status:  Assembly Ways and Means Committee/Senate Finance Committee

CANCER SCREENING LEAVE: The NYS Civil Service Law would be amended to permit any municipal employee up to 8 hours of paid leave annually for cancer screening.  The employee would not be required to charge the leave against ohter available and/or existing accrued leave.

 

A. 4203 (Weprin)/S. 3854 (Lanza)  --  Status:  Assembly Governmental Employees Committee/Senate Third Reading

PROHIBITION ON DIMINISHING HEALTH INSURANCE BENEFITS AND CONTRIBUTIONS OF RETIRED PUBLIC EMPLOYEES: Local governments would be prohibited from reducing the health insurance benefits or increasing health insurance contributions of their current or future retirees from the level in existence on the date this act were to become law (if enacted).  

 

Infrastructure

A. 2568 (Rodriguez)  --  Status:  Assembly Ways and Means Committee

ESTABLISHMENT OF INFRASTRUCTURE FINANCING DISTRICTS: This bill would establish Enhanced Infrastructure Financing Districts (EIFDs), enabling municipalities to utilize a more flexible method of tax increment financing (TIF) for certain municipal infrastructure projects.

 

A. 3695 (Palmesano)/S. 1592 (Gallivan)  --  Status:  Assembly Transportation Committee/Senate Transportation Committee

BIDDING ON INFRASTRUCTURE PROJECTS FUNDED BY CHIPS FUNDS: Increases, from $250,000 to $500,000, the threshold under which a project funded by CHIPS (Consolidated Local Street and Highway Improvement Program) funds does not need to be competitively bid.

 

A. 5990-A (Rozic)/S. 4048-A (Kennedy)  --  Status:  Assembly Transportation Committee/Senate Transportation Committee

INCREASING REIMBURSEMENT RATES FOR REPAIR OF STATE ARTERIAL HIGHWAYS IN CITIES:  Amends NYS Highway Law by increasing the rate used by the State when reimbursing municipaities for maintenance of the state highway system within city borders.  The rate would be raised to $1.87 from $0.85 per square yeard of the pavement area that is included in the state highway system.  The rate would also be raised from $0.10 to $0.20 per square yeard of pavement area where the pavement is located on any elevated bridge.  This rate would be adjusted annually to inflation.  

InSURANCE

A. 310 (Steck)/S. 1408 (Breslin)  --  Status:  Assembly Insurance Committee/Senate Insurance Committee

AUTHORIZATION TO JOIN SELF-FUNDED OR SELF-INSURED HEALTH PLANS: A public entity, with consent of the county and governing body of the public entity, would have the authority to join a county self-funded or self-insured health plan in the county in which the public entity is located (in whole or part).  

 

A. 513 (Lifton)/S. 3622 (Breslin) --  Status:  Assembly Insurance Committee/Senate Local Government Committee

PARTICIPANT EXPANSION IN MUNICIPAL COOPERATIVE HEALTH BENEFIT PLANS: Public libraries, urban renewal agencies and other quasi-governmental organizations, created by and receiving fifty percent or more of their funding from a local government, would be authorized to participate in municipal cooperative health benefit plans.   

LOCAL GOVERNMENT Finance (REVENUES AND GRANTS)

A. 381 (Lifton)  --  Status:  Assembly Ways and Means Committee

STATE AID TO MUNICIPALITIES FOR PUBLIC SAFETY SERVICES AT SUNY FACILITIES:  State aid would be provided to municipalities which host 4-year SUNY residential institutions to help offset the costs of providing public safety services to student populations. 

 

A. 1820 (Magnarelli)/S. 4175 (Gaughran)  --  Status:  Assembly Real Property Taxation Committee/Senate Local Government Committee

TREATMENT OF UNPAID BUILDING AND FIRE CODE FINES: The real property tax law would be amended to authorize local governments to adopt a local law or resolution allowing for adjudicated fines for building or fire code violations to be deemed delinquent taxes and included in the tax levy of the affected property(ies).

 

A. 1528 (Magnarelli)/S. 3153 (Jordan) --  Status:  Assembly Local Government Committee/Senate Local Government Committee

LEASING OF NAMING RIGHTS ON GOVERNMENT-OWNED PROPERTY:  This bill allows municipalities the option to lease naming rights for governmentally-owned properties and facilities (examples include but are not limited to waterfront property, parks, rail-trails, railroad tracks, city buses and stadiums). 

 

S. 395 (Tedisco) --  Status:  Senate Third Reading

PAPER USE REDUCTION GRANTS:  Local governments would be able to competitively bid, through the NYS Department of State, for grants up to $10,000 per municipality to employ initiatives to use less paper via digital means.  To qualify, local governments would have to match 25% of the total grant.

 

A. 4903 (Miller) -- Status:  Assembly Mental Health Committee

REIMBURSEMENT FOR COMMUNITY RESIDENTIAL FACILITIES:  NYS Mental Hygiene Law would be amended to require the State to reimburse local governments for the loss of real property tax revenue that results when a residential facility for the disabled is established in their communities. 

PROCUREMENT // prevailing wage

A. 1261 (Bronson)/S. 1947 (Ramos)  --  Status:  Assembly Third Reading/Senate Labor Committee

PREVAILING WAGE ON PUBLIC WORKS CONTRACTS:  All public entities would be required to pay prevailing wage on labor performed for all public works contracts paid for, in full or part, with public funds.

 

A. 1633 (Santabarbara)  --  Status:  Assembly Local Government Committee

EXPANSION OF MUNICIPAL 'PIGGYBACKING' ON OTHER MUNICIPAL PURCHASE CONTRACTS:  Expands the ability of local governments to not only make purchases from county contracts but from contracts awarded by competitive bidding by any other local government in New York State.

 

A. 1831 (Magnarelli)  --  Status:  Assembly Labor Committee

LOCAL GOVERNMENT PROCUREMENT MODERNIZATION AND TRANSPARENCY ACT:  Allows political subdivisions to provide notice of requests for bids by posting the requests on the New York state contract reporter website. 

 

A. 3297 (Pichardo)/S. 1031 (Rivera)  --  Status:  Assembly Local Government Committee/Senate Local Government Committee

MUNICIPAL COMPETITIVE BIDDING ENFORCEMENT ACT:  Creates a new General Municipal Law ยง 103-h, which, among numerous provisions, provides for the State Comptroller to issue an opinion as to the legality of a political subdivision's proposed procurement action.  The bill also permits the State Attorney General to enjoin an illegal procurement action and allows a good faith bidder (who should have won a contract) to sue for damages.

PUBLIC AUTHORITIES

A. 220 (Paulin)  --  Status:  PASSED BOTH HOUSES

PUBLIC AUTHORITY REPORTING:  This bill would authorize the NY Authorities Budget Office (ABO) to suspend local authority board members and chief executive officers who fail to annually file required reports mandated under the Public Authorities Law after the due date for three (3) years.  Reports are due 90 days after the end of the authority's fiscal year.  Currently, the ABO is only authorized to make recommendations and issue a public censure letter.  This would apply to the financial disclosure reporting mandated for public authorities under the Public Authorities Law (PARIS system). 

A. 3002 (Solages)  --  Status:  PASSED BOTH HOUSES

LIVESTREAMING AND RECORDING OF INDUSTRIAL DEVELOPMENT AGENCY (IDA) MEETINGS:  The NYS General Municipal Law and Public Authorities Law would be amended to require each industrial development agency (IDA) to live stream all open meetings and public hearings as well as make the recordings of those meetings available on the IDA's webpage.

 

Real Property Tax LAW // Levy Cap

A. 3418 (Zebrowski)  --  Status:  Assembly Local Government Committee

SUPERMAJORITY APPROVALS BY LOCAL GOVERNMENT BOARDS TO OVERRIDE THE TAX CAP: This bill would require a supermajority vote to override the tax cap when 60% of the voting power equals a simple majority of a governing board. 

 

A. 146 (D'Urso/S. 1914 (Gaughran)  --  Status:  Assembly Real Property Taxation Committee/Senate Third Reading

PILOT PAYMENTS TO LOCAL GOVERNMENTS/SCHOOL DISTRICTS DUE TO REDUCTION IN ASSESSMENT: The real property tax law would be amended to require that for any reduction in the payment in lieu of taxes (PILOT) by an entity due to a successful assessment grievance, that the negative impact on local government and/or school revenues be phased in over 10 years.  This would only be applicable if  the impact on revenues is 5 percent or greater.

 

A. 1716 (Abinanti)/S. 4307 (Harckham)  --  Status:  Assembly Real Property Taxation Committee/Senate Local Government Committee

REASSESSMENT COSTS EXCLUDED FROM THE TAX LEVY CAP: All costs associated with real property revaluations or reassesments would be excluded from the calculation of the real property tax levy limit for a local government.

 

A. 1842 (Zebrowski)  --  Status:  Assembly Aging Committee

EXEMPTING CERTAIN SENIOR CITIZENS FROM REAL PROPERTY TAXATION: Municipalities would have the option to grant senior citizens at least 75 years of age, have resided in the same school district for at least 30 years and have no children attending the district's schools, a 100% exemption from real property school taxes. 

 

A. 1875 (Crouch)  --  Status:  Assembly Local Government Committee

TAX CAP EXCLUSION FOR EMERGENCY SERVICES: The NYS General Municipal Law and Education Law would be amended to exempt the cost of providing emergency services from the real property tax levy cap calculation.

 

A. 2041 (Englebright)  --  Status:  Assembly Real Property Taxation Committee

TAX STABILIZATION RESERVE FUND FOR SCHOOL DISTRICTS: School districts would be able to establish a Tax Stabilization Reserve Fund to offset restrctions under the real property tax levy cap.

 

A. 368 (Steck)  --  Status:  Assembly Education Committee

SCHOOL DISTRICT TAX CAP OVERRIDES: School districts would be able override the tax cap by a supermajority vote of the governing board plus a qualified majority of voters in the district affirming the override (instead of the current 60% approval vote).

Retirement

A. 2858-A (McDonald)/S. 1866-A (Breslin)  --  Status:  Assembly Governmental Employees Committee/Senate Civil Service and Pensions Committee

INCREASE IN RETIREES EARNING CAP: The cap on earnings, which New York State public employee retirees (under the age of 65) can earn without a reduction in pension benefits, would be increased from $30,000 to $35,000 per year beginning in 2020.  The $30,000 cap has not been increased since 2007.00 to $250,000. 

 

S. 795 (Lanza)  --  Status:  Senate Civil Service and Pensions Committee

INCREASE IN RETIREES EARNING CAP: Increases the amount of money a public retirement system retiree may earn in a position of public service in the year 2020 and thereafter to $50,000.

School District Finance

A. 114 (Buchwald)/ S. 2067-A (Jordan)  --  Status:  Assembly Education Committee/Senate Local Government Committee

EXPANSION OF USE OF INSURANCE RESERVE FUNDS: School districts would have the ability to create and/or utilize their existing insurance reserve fund (authorized under Section 6-n of the NYS General Municipal Law) to finance their own self-insured health insurance program.  

 

A. 3356 (Buchwald)  --  Status:  Assembly Local Government Committee

EXPANSION OF USE OF 'EBALR' RESERVE FUNDS: School districts would have the ability to withdraw up to 50% of funds held in their Employee Benefit Accrued Liability Reserve Fund (EBALR), or 100% of the excess of such monies (whichever is greater).  The funds could only be used to mitigage an anticipated increase in school property taxes and/or restore anticipated or actual staff level reductions.

State Mandates

S. 707 (Gallivan) -- Status:  Senate Judiciary Committee

AMENDING THE SCAFFOLD LAW:  This bill would amend the Scaffold Law by holding an employee who directly contributes to their injury liable for their own apportionment of fault.  The standard would only apply in limited circumstances where criminal activity, drug or alcohol use and failure to comply with employer-provided safety instructions or safe-work practices contributed to the injury.  Current law holds contractors, employers and property owners absolutely liable for gravity-related injuries, even if the worker is negligent.

 

S. 2017-A (Griffo)  --  Status:  Senate Local Government Committee

STATE FUNDING OF MANDATES ON LOCAL GOVERNMENTS AND SCHOOL DISTRICTS: Requires that the state fund any program which imposes a mandate upon municipal corporations or school districts and establishes criteria for any exemption from such law if such mandate is ordered by the judiciary, pursuant to an executive order or requested by the locality.  The bill would also create the  New York State Mandate Review Council. 

 

A. 3319 (Zebrowski)/S. 4908 (Skoufis)  --  Status:  Assembly Local Government Committee/Senate Local Government Committee

ESTABLISHMENT OF LOCAL GOVERNMENT WEBSITES: All counties, cities, towns and villages in the State of New York would be required to maintain an official website. 

 

A. 3428 (Zebrowski)  --  Status:  Assembly Local Government Committee

MANDATORY SUBMISSION OF MULTI-YEAR FINANCIAL PLANS: All counties, cities, towns and villages in the State of New York with budgets over $10 million would be required to annually prepare and submit to the State Comptroller a multi-year financial plan (unless already required to do so). 

 

S. 4245 (Skoufis)  --  Status:  Senate Finance Committee

MUNICIPAL EXEMPTION FROM THE MTA MOBILITY TAX: This bill would exempt local governments outside of New York City located within the Metropolitan Commuter Transportation District from paying the Metropolitan Commuter Transportation (MTA) Mobility Tax.