Bill S5126-2013

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

Prohibits certain unfunded mandates on political subdivisions of the state.

Details

Actions

  • Feb 11, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Jun 18, 2013: OPINION REFERRED TO JUDICIARY
  • Jun 4, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • May 10, 2013: REFERRED TO JUDICIARY

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5126 2013-2014 Regular Sessions IN SENATE 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.

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