S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5849
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by  M. of A. LALOR, DeSTEFANO -- Multi-Sponsored by -- M. of
   A. FRIEND -- read once and referred to the Committee  on  Governmental
   Operations
 
             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 Senate 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89005-01-9

 A. 5849                             2
 
 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;
   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.
   §  2. Resolved (if the Senate 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.