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;
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89140-01-8

 S. 8400                             2

   B.  THOSE  FOR  WHICH  THE  AGGREGATE  NET INCREASE IN REQUIRED DIRECT
 EXPENDITURES  BY  POLITICAL  SUBDIVISIONS  IS  LESS  THAN  TEN  THOUSAND
 DOLLARS.  PROVIDED  HOWEVER,  SUCH  AMOUNT SHALL BE ANNUALLY ADJUSTED TO
 REFLECT CHANGES IN THE CONSUMER PRICE INDEX BY A  PROCEDURE  ESTABLISHED
 BY THE LEGISLATURE BY LAW;
   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.
   § 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.