|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 11, 2014||opinion referred to judiciary|
|Jan 13, 2014||to attorney-general for opinion|
|Jan 08, 2014||referred to judiciary|
|Jun 18, 2013||opinion referred to judiciary|
|Jun 04, 2013||to attorney-general for opinion|
|May 10, 2013||referred to judiciary|
senate Bill S5126
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5126 - Details
- See Assembly Version of this Bill:
- Law Section:
- Constitution, Concurrent Resolutions to Amend
- Laws Affected:
- Add Art 9 §4, Constn
S5126 - Sponsor Memo
BILL NUMBER:S5126 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: To prohibit the state from imposing unfunded mandates on local governments and school districts SUMMARY OF PROVISIONS: A new Section 4 is added to Article 9 of the Constitution to make unfunded mandates voluntary for local governments, school districts, and their subsidiaries. "Unfunded mandate" is defined as any provision of law that results in an aggregate net increase in spending by any political subdivision of the state. Associated net increases would be offset by 1)funding to carry out the new mandate, or 2)savings associated with the repeal, reduction, or modification of another mandate. 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, or commission.
S5126 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5126 2013-2014 Regular Sessions I N S E N A T E May 10, 2013 ___________ Introduced by Sen. GIPSON -- 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: S 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 [ ] is old law to be omitted.
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