Assembly Bill A5956

2021-2022 Legislative Session

Proposes an amendment to the constitution providing that certain unfunded mandate shall cease to be mandatory in effect and shall become voluntary in operation

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A5956 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Add Art 9 §4, Constn
Versions Introduced in Other Legislative Sessions:
2013-2014: A8130
2015-2016: A3791
2017-2018: A2556
2019-2020: A5849

2021-A5956 (ACTIVE) - Summary

Proposes an amendment to the constitution providing that certain unfunded mandate shall cease to be mandatory in effect and shall become voluntary in operations; requires the legislature to establish by law a council on local mandates.

2021-A5956 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5956
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2021
                                ___________
 
 Introduced  by M. of A. LALOR -- read once and referred to the Committee
   on Governmental Operations
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing amendments to article 9 of the constitution,  in  relation  to
   prohibiting unfunded mandates
 
   Section  1.  Resolved  (if  the  Senate concur), That article 9 of the
 constitution be amended by adding a new section 4 to read as follows:
   § 4. PROHIBITION ON UNFUNDED MANDATES; COUNCIL ON LOCAL MANDATES.   1.
 A. ANY PROVISION OF LAW DETERMINED IN ACCORDANCE WITH THIS SECTION TO BE
 AN  UNFUNDED  MANDATE  SHALL  CEASE  TO BE MANDATORY IN EFFECT AND SHALL
 BECOME VOLUNTARY IN OPERATION.
   B. A PROVISION OF LAW THAT REQUIRES ONE OR MORE POLITICAL SUBDIVISIONS
 TO EXPEND FUNDS OR TO TAKE ACTIONS REQUIRING THE  EXPENDITURE  OF  FUNDS
 SHALL  BE DEEMED AN UNFUNDED MANDATE IF SUCH PROVISION OF LAW RESULTS IN
 AN AGGREGATE NET INCREASE IN NECESSARY DIRECT EXPENDITURES BY ANY  POLI-
 TICAL  SUBDIVISION  OF  THE  STATE.  ANY  SUCH AGGREGATE NET INCREASE IN
 EXPENDITURES SHALL BE OFFSET BY: (I) MONIES PROVIDED TO POLITICAL SUBDI-
 VISIONS FOR THE SPECIFIC PURPOSE OF FUNDING SUCH PROVISION OF  LAW;  AND
 (II)  DECREASES IN EXPENDITURES EXPECTED TO RESULT FROM OTHER PROVISIONS
 OF LAW ENACTED CONCURRENTLY THEREWITH  THAT  REPEAL,  REDUCE  OR  MODIFY
 EXISTING  MANDATES  ON  POLITICAL  SUBDIVISIONS.  FOR  PURPOSES  OF THIS
 SECTION, ALL BUDGET BILLS AND LEGISLATION  NECESSARY  TO  IMPLEMENT  THE
 BUDGET  ENACTED  PURSUANT TO ARTICLE SEVEN OF THIS CONSTITUTION SHALL BE
 DEEMED TO HAVE BEEN CONCURRENTLY ENACTED INTO LAW.
   C. FOR PURPOSES OF THIS  SECTION,  THE  TERM  "POLITICAL  SUBDIVISION"
 SHALL  MEAN  A  COUNTY,  CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR SPECIAL
 DISTRICT, AND SHALL INCLUDE ANY AGENCY, AUTHORITY,  COMMISSION,  DEPART-
 MENT OR INSTRUMENTALITY THEREOF.
   D.  FOR  PURPOSES OF THIS SECTION, THE TERM "LAW" SHALL MEAN A STATUTE
 ENACTED BY THE LEGISLATURE, AN EXECUTIVE ORDER ISSUED BY  THE  GOVERNOR,
 AND  A  RULE  OR  REGULATION  PROMULGATED BY A STATE AGENCY, DEPARTMENT,
 BOARD, BUREAU, OFFICER, AUTHORITY OR COMMISSION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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