N.Y. Legislative Law § 83-h: Legislative commission on state-local relations

* § 83-h. Legislative commission on state-local relations. 1. (a) The

legislature hereby finds that a strong relationship between the state

and its counties, cities, towns, villages, school districts and other

units of government is central to the effective provision of government

services for the benefit of the people of the state. This relationship

encompasses state mandates on local governments to provide certain

services and perform certain activities; state limits on the ability of

local governments to provide services, raise revenue and incur debt; and

state programs of assistance to relieve local governments of a portion

of the responsibility for raising revenues to meet the costs of local

services. Categorical programs of state assistance help local

governments finance specific services of importance to the people of the

state, while programs of state general purpose aid provide local

governments with general assistance in meeting the costs of services,

including state mandated activities.

(b) The legislature further finds that proposals to amend state

categorical or general purpose assistance programs, to shift costs or

responsibilities between the state and local governments, or to alter or

impose local taxing, borrowing or spending limits should be evaluated in

the context of all the various elements of state-local relations. The

variation among local governments, including fiscal condition, local

economy and demand for services, should be considered, and opportunities

for intergovernmental cooperation and efficiencies should be identified.

2. A legislative commission on state-local relations is hereby

established to examine, evaluate and make recommendations concerning the

state's system of aid to localities, the division of state and local

responsibilities, state mandates on local governments and limits on the

ability of local governments to raise revenue, incur debt and manage

resources. The commission shall make such recommendations as it may deem

necessary to provide an equitable system of state aid to local

governments, to encourage the most effective use of state and local

resources, to preserve the fiscal integrity of both state and local

governments and otherwise to strengthen the partnership between the

state and its local governments.

3. The commission shall consist of ten members to be appointed as

follows: three members of the senate shall be appointed by the temporary

president of the senate; three members of the assembly shall be

appointed by the speaker of the assembly; two members of the senate

shall be appointed by the minority leader of the senate; and two members

of the assembly shall be appointed by the minority leader of the

assembly. From among the members so appointed, a chairman and a vice

chairman shall be designated by the joint action of the temporary

president of the senate and the speaker of the assembly. Any vacancy

that occurs in the commission or in the chairmanship or vice

chairmanship shall be filled in the same manner in which the original

appointment or designation was made. No member, officer, or employee of

the commission shall be disqualified from holding any other public

office or employment, nor shall he forfeit any such office or employment

by reason of his appointment hereunder, notwithstanding the provisions

of any general, special, or local law, ordinance, or city charter.

4. The commission may employ and at pleasure remove such personnel as

it may deem necessary for the performance of the commission's functions

and fix their compensation within the amounts made available therefor.

5. Employees of the commission shall be considered to be employees of

the legislature for all purposes.

6. The commission in addition to the above mentioned powers shall have

all the powers and privileges of a legislative committee pursuant to

this chapter.

7. For the accomplishment of its purpose, the commission shall be

authorized and empowered to undertake any study, inquiry, survey, or

analysis it may deem relevant through its own personnel in cooperation

with or by agreement with any other public or private agency.

8. The commission may require and shall receive from any department,

board, bureau, commission, authority, office, or other instrumentality

of the state, and from any county, city, town or village of this state,

such facilities, assistance, and data, as it deems necessary or

desirable for proper execution of its powers and duties.

9. The commission may hold public or private hearings and shall have

full powers to subpoena witnesses and all records or data it shall deem

necessary or desirable pursuant to this chapter.

10. The members of the commission shall receive no compensation for

their services but shall be allowed their actual and necessary expenses

incurred in the performance of their duties.

* NB Repealed June 30, 2027