Requires the legislature to provide funding to reimburse localities for the costs associated with expenditures made as a requirement of any law which mandates the undertaking of a new program or increases the level of service of an existing program by a locality; requires the legislature to establish procedures for the allocation of funds among the local governments.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5652
SPONSOR: Friend (MS) TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to article 9 of the constitution, in relation to acts of the legislature
having fiscal impact on local governments
PURPOSE OR GENERAL IDEA OF BILL:
Requires the Legislature to provide state funding to reimburse cities,
counties, towns, and/or villages for the costs associated with expendi-
tures made as a requirement for any special or general law mandating a
new program or increasing the level of service of an existing program by
a local government. The proposal also requires the Legislature to estab-
lish procedures for the allocation of funds among the local governments.
Local governments' flexibility to receive federal reimbursement or
matching funds through participation is preserved with the Legislature
providing state funding in support of these programs receiving federal
funding as it determines.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Adds a new Section 4 and 4A to Article 9 of the State's Constitution.
JUSTIFICATION:
any of the State's municipalities face financial difficulties and the
citizens have stated that their tax burden is too high. Mandates imposed
by the State have been among the major contributing factors to local
governments' costs. To address this, the Legislature would be required
to fund any new program or increased level of service provided by a
local government resulting from state mandates.
PRIOR LEGISLATIVE HISTORY:
A6102 of 2021-22: opinion referred to judiciary
A5365 of 2019-20: opinion referred to judiciary
A5186 of 2017-18: opinion referred to judiciary
A5384 of 2015-2016: Held for Consideration in Ways and Means Committee.
A6068 of 2013-2014: Held for Consideration in Ways and Means Committee.
A5983 of 2011-12: Held for consideration in Ways and Means Committee.
A6760 of 2009-10: Held for consideration in Ways and Means Committee
A5133 of 2007-08: Held for consideration in Ways and Means Committee
A6316 of 2005-06: Held for consideration in Ways and Means Committee
A3901 of 2003-04: Held for consideration in Ways and Means Committee
A4476 of 2001-02: Held for consideration in Ways and Means Committee
A4303 of 1999-00: Held for consideration in Ways and Means Committee
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
January 1st following passage by two separately and successive legisla-
tures and approval by the voters at a general election.
STATE OF NEW YORK
________________________________________________________________________
5652
2023-2024 Regular Sessions
IN ASSEMBLY
March 20, 2023
___________
Introduced by M. of A. FRIEND, BLANKENBUSH, J. M. GIGLIO, HAWLEY,
PALMESANO, RA, GOODELL, MANKTELOW, SMULLEN, DeSTEFANO, MORINELLO,
NORRIS, DiPIETRO, WALSH, BRABENEC, TAGUE -- Multi-Sponsored by -- M.
of A. BARCLAY, BYRNES, McDONOUGH, MILLER, THIELE -- read once and
referred to the Committee on Ways and Means
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 9 of the constitution, in relation to
acts of the legislature having fiscal impact on local governments
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. The legislature shall provide state funding to reimburse cities,
4 counties, towns, and/or villages for the costs associated with expendi-
5 tures made as a requirement for any law, general or special, effective
6 the first day of January succeeding the approval of the voters, which
7 mandates the undertaking of a new program or increases the level of
8 service of an existing program by a city, county, town, or village. The
9 legislature shall establish procedures for the allocation of funds among
10 the cities, counties, towns, and/or villages.
11 This requirement shall not apply where federal reimbursement or match-
12 ing funds are available and such provision would disqualify a munici-
13 pality, or impair a municipality's ability, to participate in or receive
14 such federal funds. The legislature shall, in its discretion, determine
15 if state funding shall be provided for the support of such federal
16 programs provided by a municipality.
17 § 2. Resolved (if the Senate concur), That the foregoing amendment be
18 referred to the first regular legislative session convening after the
19 next succeeding general election of members of the assembly, and, in
20 conformity with section 1 of article 19 of the constitution, be
21 published for three months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89104-01-3
