NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5650
SPONSOR: Friend (MS) TITLE OF BILL:
An act to amend the executive law, in relation to governmental compacts,
programs and other legal agreements
PURPOSE OR GENERAL IDEA OF BILL:
To uphold the New York State Constitutional empowerment of the Legisla-
ture as the only government entity authorized to enter into multi-state
agreements and compacts.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the executive law by adding a new section 996 that
reserves to the legislature the authority to commit the State of New
York to any agreements with other states, agencies of the Federal
Government or any other authority that would dictate binding require-
ments to New York State. This section would also nullify any existing
agreement(s) pending ratification by the Legislature.
Section 2: Effective Date.
JUSTIFICATION:
The sixteenth clause of the New York State Constitution exclusively
limits the authority to tax and raise revenues to the State Legislature.
Since multi-state compacts enforce the terms of their agreements with
financial penalties and fees, the State Legislature is the only author-
ized Government entity that can commit the State to the terms of such an
agreement.
PRIOR LEGISLATIVE HISTORY:
A6129 of 2021-22: referred to governmental operations
A4874 of 2019-20: Held in governmental operations
A5170 of 2017-18: referred to governmental operations
A5385 of 2015-16: Held in governmental operations
A6070 of 2013-14: Held in governmental operations
A10377 of 2012: referred to governmental operations
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
5650
2023-2024 Regular Sessions
IN ASSEMBLY
March 20, 2023
___________
Introduced by M. of A. FRIEND, MANKTELOW, MORINELLO, SMULLEN, TAGUE,
WALSH -- Multi-Sponsored by -- M. of A. BLANKENBUSH, DeSTEFANO,
J. M. GIGLIO, HAWLEY, McDONOUGH, MILLER -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to governmental compacts,
programs and other legal agreements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new article 49-C
2 to read as follows:
3 ARTICLE 49-C
4 GOVERNMENTAL COMPACTS, PROGRAMS AND OTHER
5 LEGAL AGREEMENTS
6 Section 996. Provision.
7 § 996. Provision. The state shall not enter into any compact, program,
8 or other legal agreement of any kind with any other state or foreign
9 government that imposes legal or regulatory requirements on New York
10 state residents unless such compact, program, or other legal agreement
11 is enacted, approved, or ratified through the passage of enabling legis-
12 lation. Any compact, program, or other legal agreement which conflicts
13 with the provisions of this section shall be null and void.
14 § 2. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10293-01-3
