Bill Text: NY A05849 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits certain unfunded mandates on political subdivisions of the state.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental operations [A05849 Detail]
Download: New_York-2019-A05849-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5849 2019-2020 Regular Sessions IN ASSEMBLY 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 1 Section 1. Resolved (if the Senate concur), That article 9 of the 2 constitution be amended by adding a new section 4 to read as follows: 3 § 4. Prohibition on unfunded mandates; council on local mandates. 1. 4 a. Any provision of law determined in accordance with this section to be 5 an unfunded mandate shall cease to be mandatory in effect and shall 6 become voluntary in operation. 7 b. A provision of law that requires one or more political subdivisions 8 to expend funds or to take actions requiring the expenditure of funds 9 shall be deemed an unfunded mandate if such provision of law results in 10 an aggregate net increase in necessary direct expenditures by any poli- 11 tical subdivision of the state. Any such aggregate net increase in 12 expenditures shall be offset by: (i) monies provided to political subdi- 13 visions for the specific purpose of funding such provision of law; and 14 (ii) decreases in expenditures expected to result from other provisions 15 of law enacted concurrently therewith that repeal, reduce or modify 16 existing mandates on political subdivisions. For purposes of this 17 section, all budget bills and legislation necessary to implement the 18 budget enacted pursuant to article seven of this constitution shall be 19 deemed to have been concurrently enacted into law. 20 c. For purposes of this section, the term "political subdivision" 21 shall mean a county, city, town, village, school district or special 22 district, and shall include any agency, authority, commission, depart- 23 ment or instrumentality thereof. 24 d. For purposes of this section, the term "law" shall mean a statute 25 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. LBD89005-01-9A. 5849 2 1 and a rule or regulation promulgated by a state agency, department, 2 board, bureau, officer, authority or commission. 3 2. Notwithstanding anything in this section to the contrary, the 4 following types of laws shall not be considered unfunded mandates: 5 a. those necessary to comply with federal law; 6 b. those for which the aggregate net increase in required direct 7 expenditures by political subdivisions is less than ten thousand 8 dollars; 9 c. those that have been requested through a home rule message or other 10 resolution of the affected political subdivision, or which have been 11 accepted by the affected political subdivision; 12 d. those reapportioning responsibilities between or among political 13 subdivisions; 14 e. those arising from an executive order of the governor exercising 15 his or her emergency powers; 16 f. those applicable to both government and non-government entities in 17 the same or a substantially similar manner; 18 g. those in full force and effect prior to the effective date of this 19 section, including any provision of law that extends or reauthorizes 20 such a law. 21 3. The legislature shall establish by law a council on local mandates. 22 The council shall consist of seven members of whom two shall be 23 appointed by the governor, one by the temporary president of the senate, 24 one by the minority leader of the senate, one by the speaker of the 25 assembly, one by the minority leader of the assembly, and one by the 26 comptroller. The governor shall designate a chair from among the 27 members. 28 The legislature shall establish by law qualifications for such 29 appointments, which shall include the requirement that one of the 30 members appointed by the governor shall be made on the recommendation of 31 political subdivisions or duly appointed representatives thereof. All 32 legislation required by this subdivision shall be enacted into law with- 33 in sixty days after the effective date of this section, and initial 34 appointments to the council shall be made within sixty days thereafter. 35 4. a. The council shall timely resolve any complaint by an aggrieved 36 political subdivision that a provision of law constitutes an unfunded 37 mandate. A ruling of the council shall be restricted to the specific 38 provision of law that constitutes an unfunded mandate and shall, to the 39 extent practicable, leave intact the remainder of the law. 40 b. Determinations of the council shall be subject to review by the 41 supreme court in the same manner and under the same standards of review 42 as administrative determinations of state agencies and departments; 43 provided, however, that the state may seek judicial review of a determi- 44 nation by the council that a provision of law constitutes an unfunded 45 mandate. Proceedings to review council determinations shall be given 46 precedence over all other causes and proceedings before the court. 47 § 2. Resolved (if the Senate concur), That the foregoing amendment be 48 referred to the first regular legislative session convening after the 49 next succeeding general election of members of the assembly, and, in 50 conformity with section 1 of article 19 of the constitution, be 51 published for 3 months previous to the time of such election.
