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 Committee


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

do you support this bill?

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 - Bill 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 - Bill Texts

view summary

Prohibits certain unfunded mandates on political subdivisions of the state.

view 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.

Exceptions to the definition of an unfunded mandate are as follows:

*state laws, rules or regulations required to ensure compliance with
federal law;

*laws which, in the aggregate, will cost any municipality or school
district less than $10,000 to implement;

*laws which have been requested through a home rule message or which
have otherwise been accepted by the political subdivision;

*laws which reapportion responsibilities between or among political
subdivisions;

*executive orders arising from the Governor exercising emergency
powers;

*laws applicable to both the public and private sectors; and

*those laws in full force and effect prior to the effective date of
this amendment, including any provision that extends or reauthorizes a
law.

This bill directs the Legislature to establish a Council on Local
Mandates. The Council would be responsible for resolving any disputes
brought by local governments about whether a law is an unfunded
mandate. Council determinations would be subject to judicial review by
the Supreme Court.

JUSTIFICATION:


Unfunded mandates are program requirements given to local governments
from the state, with little or no financial assistance with which to
implement or administer them. This may pose a serious issue for local
governments, who must often either increase service costs and taxes,
or cut vital services in order to implement these programs.

This bill would allow local governments to choose whether a mandate
will be implemented in their area, and require the state to fund
mandates that are unreasonably costly, ensuring that our local
municipalities are protected from financially egregious directives,
and can continue to serve our constituents in the most cost effective
and efficient manner.

LEGISLATIVE HISTORY:

S.1640 of 2010
S.2201 of 2007
S.3049 of 2006

FISCAL & LOCAL IMPLICATIONS:

Minimal to the State. Protect local governments from state mandated
unplanned expenses.

EFFECTIVE DATE:

§ 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.

view full 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.
                                                           LBD89126-01-3

S. 5126                             2

  2. NOTWITHSTANDING ANYTHING IN  THIS  SECTION  TO  THE  CONTRARY,  THE
FOLLOWING TYPES OF LAWS SHALL NOT BE CONSIDERED UNFUNDED MANDATES:
  A. THOSE NECESSARY TO COMPLY WITH FEDERAL LAW;
  B.  THOSE  FOR  WHICH  THE  AGGREGATE  NET INCREASE IN REQUIRED DIRECT
EXPENDITURES  BY  POLITICAL  SUBDIVISIONS  IS  LESS  THAN  TEN  THOUSAND
DOLLARS;
  C. THOSE THAT HAVE BEEN REQUESTED THROUGH A HOME RULE MESSAGE OR OTHER
RESOLUTION  OF  THE  AFFECTED  POLITICAL SUBDIVISION, OR WHICH HAVE BEEN
ACCEPTED BY THE AFFECTED POLITICAL SUBDIVISION;
  D. THOSE REAPPORTIONING RESPONSIBILITIES BETWEEN  OR  AMONG  POLITICAL
SUBDIVISIONS;
  E.  THOSE  ARISING  FROM AN EXECUTIVE ORDER OF THE GOVERNOR EXERCISING
HIS OR HER EMERGENCY POWERS;
  F. THOSE APPLICABLE TO BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES  IN
THE SAME OR A SUBSTANTIALLY SIMILAR MANNER;
  G.  THOSE IN FULL FORCE AND EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION, INCLUDING ANY PROVISION OF LAW  THAT  EXTENDS  OR  REAUTHORIZES
SUCH A LAW.
  3. THE LEGISLATURE SHALL ESTABLISH BY LAW A COUNCIL ON LOCAL MANDATES.
THE  COUNCIL  SHALL  CONSIST  OF  SEVEN  MEMBERS  OF  WHOM  TWO SHALL BE
APPOINTED BY THE GOVERNOR, ONE BY THE TEMPORARY PRESIDENT OF THE SENATE,
ONE BY THE MINORITY LEADER OF THE SENATE, ONE  BY  THE  SPEAKER  OF  THE
ASSEMBLY,  ONE  BY  THE  MINORITY LEADER OF THE ASSEMBLY, AND ONE BY THE
COMPTROLLER. THE  GOVERNOR  SHALL  DESIGNATE  A  CHAIR  FROM  AMONG  THE
MEMBERS.
  THE  LEGISLATURE  SHALL  ESTABLISH  BY  LAW  QUALIFICATIONS  FOR  SUCH
APPOINTMENTS, WHICH SHALL  INCLUDE  THE  REQUIREMENT  THAT  ONE  OF  THE
MEMBERS APPOINTED BY THE GOVERNOR SHALL BE MADE ON THE RECOMMENDATION OF
POLITICAL  SUBDIVISIONS  OR  DULY APPOINTED REPRESENTATIVES THEREOF. ALL
LEGISLATION REQUIRED BY THIS SUBDIVISION SHALL BE ENACTED INTO LAW WITH-
IN SIXTY DAYS AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,  AND  INITIAL
APPOINTMENTS TO THE COUNCIL SHALL BE MADE WITHIN SIXTY DAYS THEREAFTER.
  4.  A.  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.
  B.  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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.