senate Bill S8400

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (8)
Assembly Actions - Lowercase
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
passed senate
ordered to third reading cal.1043
committee discharged and committed to rules
May 04, 2018 referred to judiciary

Co-Sponsors

S8400 - Details

Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Add Art 9 §4, Constn

S8400 - Summary

Prohibits certain unfunded mandates on political subdivisions of the state.

S8400 - Sponsor Memo

S8400 - 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;

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.