senate Bill S5126

2013-2014 Legislative Session

Proposes an amendment to the constitution prohibiting certain unfunded mandates or political subdivisions of the state

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
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

S5126 - Details

See Assembly Version of this Bill:
A8130
Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Add Art 9 §4, Constn

S5126 - Summary

Prohibits certain unfunded mandates on political subdivisions of the state.

S5126 - Sponsor Memo

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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