Assembly Actions -
Senate Actions - UPPERCASE
|Jun 14, 2018||
opinion referred to judiciary
|May 18, 2018||
to attorney-general for opinion
|May 07, 2018||
referred to ways and means
delivered to assembly
ordered to third reading cal.1043
committee discharged and committed to rules
|May 04, 2018||
referred to judiciary
Senate Bill S8400
2017-2018 Legislative Session
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2017-S8400 (ACTIVE) - Details
2017-S8400 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8400 SPONSOR: JACOBS 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 constitutional amendment will prohibit the state from placing unfunded mandates on local governments. SUMMARY OF PROVISIONS: Section 1: Amends Article IX of the Constitution adding a new section 4. Section 4 of the Constitution will prohibit unfunded mandates and create a council on local mandates. This constitutional amendment will dictate that any provision of law determined by the council on local mandates to be an unfunded mandate will cease to be mandatory and will become voluntary.
2017-S8400 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8400 I N S E N A T E May 4, 2018 ___________ Introduced by Sen. JACOBS -- 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: § 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. 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;
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