NY State Senate Bill 2009-S263

Archive: Last Bill Status - In Senate Committee Judiciary 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 09, 2010	opinion referred to judiciary
Jan 12, 2010	to attorney-general for opinion
Jan 06, 2010	referred to judiciary
Feb 19, 2009	opinion referred to judiciary
Jan 21, 2009	to attorney-general for opinion
Jan 07, 2009	referred to judiciary

2009-S263 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Add Art 9 §4, Constn

2009-S263 (ACTIVE) - Summary

Provides that compliance with new state mandates determined to be unfunded shall be voluntary for local governments, school districts, special districts, or any agency, authority, commission, department or instrumentality thereof; prohibits the state from imposing unfunded mandates on local governments.

2009-S263 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S263

 TITLE OF BILL :
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments
to article 9 of the constitution, in relation to prohibiting unfunded
mandates


 PURPOSE :
This proposed amendment to Article IX of the State Constitution is
intended to prevent the State from imposing additional unfunded
mandates on local governments.

 SUMMARY OF PROVISIONS :
The proposed resolution would make compliance with new State mandates,
once determined to be unfunded, voluntary for local governments,
school districts, special districts, or any agency, authority,
commission, department or instrumentality thereof.

An unfunded mandate is defined in the proposed resolution as a
provision of law that requires affected local jurisdictions, in the
statewide aggregate, to spend more money to provide services. Any
associated increases in cost would be offset by (1) funding to carry
out the new mandate and (2) savings associated with other mandate
relief.

Such provisions of law include statutes enacted by the Legislature,
Executive Orders issued by the Governor, and rules or regulations
promulgated by any state agency, department, board, bureau, officer,
authority or commission. Budget bills and Article VII legislation
would be considered one law, for purposes of this amendment.
Exceptions to what could be considered an unfunded mandate would
include: laws which in the aggregate cost less than $20,000 per year,
or on two or more political subdivisions collectively or on a city
with a population of one million or more is less than $100,000 per
year; state laws, rules or regulations necessary to comply with
federal laws; those which are imposed on both government and
non-government entities in the same or substantially similar
circumstances; those which permit, establish or enable only option
programs or services; those which are budget bills submitted by the
governor pursuant to article 7 of the constitution, but only if such
bills implement, revise, amend or continue programs or mandates which
currently exist and such bills do not impose any new mandates, which,
if taken by themselves, would otherwise be subject to the restrictions
of this section; those which repeal, revise, or ease an existing
mandate or requirement, or which reapportion the costs of activities
between boards of education, counties and municipalities; those which
stem from failure to comply with previously enacted laws or rules or
regulations issued pursuant to a law; those which arise from a ruling
by a court of competent jurisdiction; those which arise from an
executive order of the governor exercising his emergency powers; those
which implement provisions of the constitution of the state of New
York; those which are enacted after a public hearing, held after
public notice that unfunded mandates will be considered, for which a
fiscal analysis is available at the time of the public hearing and
which, in addition to complying with all other requirements with
regard to the enactment of a law, are passed by a two-thirds vote of
both the senate and assembly; and those which are the result of the
passage of a home rule message whereby a local government requests
authority to implement the program or service specified in the
statute, and the statute imposes costs only upon that local government
which request the authority to impose the program or service.

The Legislature would establish a Council on Local Mandates, with
eleven members appointed by the Governor, the Temporary President of
the Senate, the Speaker of the Assembly, the State Comptroller, the
Attorney General and the Chief Judge of the Court of Appeals. Five of
the members would be recommended by local governments. The Council
would be responsible for resolving any disputes brought by local
governments about whether a law is an unfunded mandate or not. Council
determinations would be subject to judicial review and would be given
precedence over all other cases before the Court.

 EXISTING LAW :
There is not currently a prohibition in the State Constitution against
unfunded State mandates.

 JUSTIFICATION :
Unfunded mandates shift the responsibility and the cost of
implementing programs from the State to local governments. As a
result, local governments are sometimes forced to cut existing
services or to raise property tax levies to cover the additional
requirements. This constitutional amendment will assist local
governments in managing their current programs and minimizing
increases in their budgets. Such relief will enable municipalities to
attract businesses and residents with the promise of the highest level
of services at the lowest possible costs to taxpayers and is
consistent with efforts to reform Medicaid, Wicks Law, municipal
liability, binding arbitration, and to provide additional State aid
through the Aid and Incentives to Municipalities program. Therefore,
this resolution will provide much needed mandate relief to localities
while providing that unfunded mandates may only be imposed in the
limited instances where required by federal law, the cost is $20,000
or less, declaration of a state emergency, or the mandate has uniform
applicability to the private and public sectors.

 LEGISLATIVE HISTORY :
2008:    S.1140-A Passed Senate
2007:    S.1140 Finance Committee
2005-06: S.3580 Judiciary Committee

 FISCAL IMPLICATIONS :
State budget implications are entirely prospective. Savings to local
governments are unknown but are expected to be potentially enormous,
prospectively.

 EFFECTIVE DATE :
Resolved (if the Assembly concur), That the foregoing amendment be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

2009-S263 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   263

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            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 Assembly concur), That article 9 of the
constitution be amended by adding a new section 4 to read as follows:
  PROHIBITION ON UNFUNDED MANDATES; COUNCIL ON LOCAL MANDATES.
  S 4. (A) (1) 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.
  (2) A PROVISION OF LAW THAT REQUIRES ONE OR  MORE  POLITICAL  SUBDIVI-
SIONS  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
THE  POLITICAL  SUBDIVISIONS  OF  THE  STATE.    ANY  SUCH AGGREGATE NET
INCREASE IN EXPENDITURES SHALL BE OFFSET  BY:  (I)  MONIES  PROVIDED  TO
POLITICAL   SUBDIVISIONS  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 CONSTITU-
TION SHALL BE DEEMED TO HAVE BEEN CONCURRENTLY ENACTED INTO LAW.
  (3)  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.
  (4) FOR PURPOSES OF THIS SECTION, THE TERM "LAW" SHALL MEAN A  STATUTE
ENACTED  BY  THE LEGISLATURE, AN EXECUTIVE ORDER ISSUED BY THE GOVERNOR,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD89005-01-9

S. 263                              2

AND A RULE OR REGULATION PROMULGATED  BY  A  STATE  AGENCY,  DEPARTMENT,
BOARD, BUREAU, OFFICER, AUTHORITY OR COMMISSION.
  (B)  NO  LAW  SHALL BE CONSIDERED AN UNFUNDED MANDATE IF THE AGGREGATE
NET INCREASE IN REQUIRED DIRECT EXPENDITURES BY ANY ONE POLITICAL SUBDI-
VISION IS LESS THAN TWENTY THOUSAND DOLLARS PER YEAR, OR ON TWO OR  MORE
POLITICAL  SUBDIVISIONS  COLLECTIVELY  OR ON A CITY WITH A POPULATION OF
ONE MILLION OR MORE IS LESS THAN ONE HUNDRED THOUSAND DOLLARS PER YEAR.
  (C) NOTWITHSTANDING ANY OTHER PROVISION IN THIS SECTION TO THE CONTRA-
RY, THE FOLLOWING CATEGORIES OF BILLS SHALL NOT BE  CONSIDERED  UNFUNDED
MANDATES:
  (1)  THOSE  WHICH ARE REQUIRED TO COMPLY WITH FEDERAL LAWS OR RULES OR
TO MEET ELIGIBILITY STANDARDS FOR FEDERAL ENTITLEMENTS;
  (2) THOSE WHICH ARE IMPOSED  ON  BOTH  GOVERNMENT  AND  NON-GOVERNMENT
ENTITIES IN THE SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES;
  (3)  THOSE WHICH PERMIT, ESTABLISH OR ENABLE ONLY OPTIONAL PROGRAMS OR
SERVICES;
  (4) THOSE WHICH ARE BUDGET BILLS SUBMITTED BY THE GOVERNOR PURSUANT TO
ARTICLE SEVEN OF THIS CONSTITUTION, BUT ONLY IF  SUCH  BILLS  IMPLEMENT,
REVISE, AMEND OR CONTINUE PROGRAMS OR MANDATES WHICH CURRENTLY EXIST AND
SUCH BILLS DO NOT IMPOSE ANY NEW MANDATES WHICH, IF TAKEN BY THEMSELVES,
WOULD OTHERWISE BE SUBJECT TO THE RESTRICTIONS OF THIS SECTION;
  (5) THOSE WHICH REPEAL, REVISE OR EASE AN EXISTING MANDATE OR REQUIRE-
MENT,  OR  WHICH  REAPPORTION  THE COSTS OF ACTIVITIES BETWEEN BOARDS OF
EDUCATION, COUNTIES AND MUNICIPALITIES;
  (6) THOSE WHICH STEM FROM FAILURE TO COMPLY  WITH  PREVIOUSLY  ENACTED
LAWS, OR RULES OR REGULATIONS ISSUED PURSUANT TO A LAW;
  (7)  THOSE WHICH ARISE FROM A RULING BY A COURT OF COMPETENT JURISDIC-
TION;
  (8) THOSE WHICH ARISE FROM AN EXECUTIVE ORDER OF THE GOVERNOR EXERCIS-
ING HIS EMERGENCY POWERS;
  (9) THOSE WHICH IMPLEMENT PROVISIONS OF THIS CONSTITUTION;
  (10) THOSE WHICH ARE ENACTED AFTER A PUBLIC HEARING, HELD AFTER PUBLIC
NOTICE THAT UNFUNDED MANDATES WILL BE CONSIDERED,  FOR  WHICH  A  FISCAL
ANALYSIS  IS  AVAILABLE  AT THE TIME OF THE PUBLIC HEARING AND WHICH, IN
ADDITION TO COMPLYING WITH ALL OTHER REQUIREMENTS  WITH  REGARD  TO  THE
ENACTMENT  OF  A LAW, ARE PASSED BY A TWO-THIRDS VOTE OF BOTH THE SENATE
AND ASSEMBLY; AND
  (11) THOSE WHICH ARE THE RESULT OF THE PASSAGE OF A HOME RULE  MESSAGE
WHEREBY  A  LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM
OR SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS  ONLY
UPON  THAT  LOCAL  GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE
PROGRAM OR SERVICE.
  (D) THE  LEGISLATURE  SHALL  ESTABLISH  BY  LAW  A  COUNCIL  ON  LOCAL
MANDATES.  THE COUNCIL SHALL CONSIST OF ELEVEN MEMBERS OF WHOM SIX SHALL
BE  APPOINTED  BY  THE  GOVERNOR,  ONE BY THE TEMPORARY PRESIDENT OF THE
SENATE, ONE BY THE SPEAKER OF THE ASSEMBLY, ONE BY THE COMPTROLLER,  ONE
BY  THE  ATTORNEY  GENERAL,  AND  ONE BY THE CHIEF JUDGE OF THE COURT OF
APPEALS.  THE GOVERNOR SHALL DESIGNATE A CHAIR FROM AMONG  THE  MEMBERS.
THE  LEGISLATURE SHALL ESTABLISH BY LAW QUALIFICATIONS FOR SUCH APPOINT-
MENTS, WHICH SHALL INCLUDE THE REQUIREMENT THAT  THREE  OF  THE  MEMBERS
APPOINTED  BY  THE GOVERNOR, THE MEMBER APPOINTED BY THE COMPTROLLER AND
THE MEMBER APPOINTED BY THE ATTORNEY GENERAL SHALL BE MADE ON THE RECOM-
MENDATION OF POLITICAL SUBDIVISIONS OR  DULY  APPOINTED  REPRESENTATIVES
THEREOF.   ALL LEGISLATION REQUIRED BY THIS SUBDIVISION SHALL BE ENACTED
INTO LAW WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND

S. 263                              3

INITIAL APPOINTMENTS TO THE COUNCIL SHALL  BE  MADE  WITHIN  SIXTY  DAYS
THEREAFTER.
  (E) (1) THE COUNCIL SHALL TIMELY RESOLVE ANY COMPLAINT BY AN AGGRIEVED
POLITICAL  SUBDIVISION  THAT  A PROVISION OF LAW CONSTITUTES AN UNFUNDED
MANDATE.  A RULING OF THE COUNCIL SHALL BE RESTRICTED  TO  THE  SPECIFIC
PROVISION  OF LAW THAT CONSTITUTES AN UNFUNDED MANDATE AND SHALL, TO THE
EXTENT PRACTICABLE, LEAVE INTACT THE REMAINDER OF THE LAW.
  (2) DETERMINATIONS OF THE COUNCIL SHALL BE SUBJECT TO  REVIEW  BY  THE
SUPREME  COURT IN THE SAME MANNER AND UNDER THE SAME STANDARDS OF REVIEW
AS ADMINISTRATIVE DETERMINATIONS  OF  STATE  AGENCIES  AND  DEPARTMENTS;
PROVIDED, HOWEVER, THAT THE STATE MAY SEEK JUDICIAL REVIEW OF A DETERMI-
NATION  BY  THE  COUNCIL THAT A PROVISION OF LAW CONSTITUTES AN UNFUNDED
MANDATE.  PROCEEDINGS TO REVIEW COUNCIL DETERMINATIONS  SHALL  BE  GIVEN
PRECEDENCE OVER ALL OTHER CAUSES AND PROCEEDINGS BEFORE THE COURT.
  S  2.  Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of  the  assembly,  and,  in
conformity  with  section  1  of  article  19  of  the  constitution, be
published for 3 months previous to the time of such election.

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Senate Bill S263

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2009-S263 (ACTIVE) - Details

2009-S263 (ACTIVE) - Summary

2009-S263 (ACTIVE) - Sponsor Memo

2009-S263 (ACTIVE) - Bill Text download pdf

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Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2009-S263 (ACTIVE) - Details

2009-S263 (ACTIVE) - Summary

2009-S263 (ACTIVE) - Sponsor Memo

2009-S263 (ACTIVE) - Bill Text download pdf

Comments