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A05956 Summary:

BILL NOA05956
 
SAME ASNo Same As
 
SPONSORLalor
 
COSPNSR
 
MLTSPNSR
 
Add Art 9 §4, Constn
 
Proposes an amendment to the constitution providing that certain unfunded mandate shall cease to be mandatory in effect and shall become voluntary in operations; requires the legislature to establish by law a council on local mandates.
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A05956 Actions:

BILL NOA05956
 
03/02/2021referred to governmental operations
03/10/2021to attorney-general for opinion
04/01/2021opinion referred to judiciary
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A05956 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5956
 
SPONSOR: Lalor
  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 OR GENERAL IDEA OF BILL: Proposes an amendment to the constitution prohibiting certain unfunded mandates on political subdivisions of the state.   SUMMARY OF SPECIFIC PROVISIONS: Section one of this bill declares: 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 stat- utes enacted by the Legislature, executive orders issued by the Gover- nor, and rules or regulations promulgated by any state agency, depart- ment, 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 imple- mented 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.   PRIOR LEGISLATIVE HISTORY: A.2556 of 2017-2018 A.3791 of 2015-2016 A.8130 and S.5126 of 2013-2014 S.1640 of 2010 S.2201 of 2007 S.3049 of 2006 2020-A5849-held for consideration in governmental operations   FISCAL IMPLICATIONS: Minimal to the State. Protect local governments from state mandated unplanned expenses.   EFFECTIVE DATE: Immediately
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A05956 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5956
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 2, 2021
                                       ___________
 
        Introduced  by M. of A. LALOR -- 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,
    26  and  a  rule  or  regulation  promulgated by a state agency, department,
    27  board, bureau, officer, authority or commission.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89088-01-1

        A. 5956                             2
 
     1    2. Notwithstanding anything in  this  section  to  the  contrary,  the
     2  following types of laws shall not be considered unfunded mandates:
     3    a. those necessary to comply with federal law;
     4    b.  those  for  which  the  aggregate  net increase in required direct
     5  expenditures  by  political  subdivisions  is  less  than  ten  thousand
     6  dollars;
     7    c. those that have been requested through a home rule message or other
     8  resolution  of  the  affected  political subdivision, or which have been
     9  accepted by the affected political subdivision;
    10    d. those reapportioning responsibilities between  or  among  political
    11  subdivisions;
    12    e.  those  arising  from an executive order of the governor exercising
    13  his or her emergency powers;
    14    f. those applicable to both government and non-government entities  in
    15  the same or a substantially similar manner;
    16    g.  those in full force and effect prior to the effective date of this
    17  section, including any provision of law  that  extends  or  reauthorizes
    18  such a law.
    19    3. The legislature shall establish by law a council on local mandates.
    20  The  council  shall  consist  of  seven  members  of  whom  two shall be
    21  appointed by the governor, one by the temporary president of the senate,
    22  one by the minority leader of the senate, one  by  the  speaker  of  the
    23  assembly,  one  by  the  minority leader of the assembly, and one by the
    24  comptroller. The  governor  shall  designate  a  chair  from  among  the
    25  members.
    26    The  legislature  shall  establish  by  law  qualifications  for  such
    27  appointments, which shall  include  the  requirement  that  one  of  the
    28  members appointed by the governor shall be made on the recommendation of
    29  political  subdivisions  or  duly appointed representatives thereof. All
    30  legislation required by this subdivision shall be enacted into law with-
    31  in sixty days after the effective date  of  this  section,  and  initial
    32  appointments to the council shall be made within sixty days thereafter.
    33    4.  a.  The council shall timely resolve any complaint by an aggrieved
    34  political subdivision that a provision of law  constitutes  an  unfunded
    35  mandate.  A  ruling  of  the council shall be restricted to the specific
    36  provision of law that constitutes an unfunded mandate and shall, to  the
    37  extent practicable, leave intact the remainder of the law.
    38    b.  Determinations  of  the  council shall be subject to review by the
    39  supreme court in the same manner and under the same standards of  review
    40  as  administrative  determinations  of  state  agencies and departments;
    41  provided, however, that the state may seek judicial review of a determi-
    42  nation by the council that a provision of law  constitutes  an  unfunded
    43  mandate.  Proceedings  to  review  council determinations shall be given
    44  precedence over all other causes and proceedings before the court.
    45    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    46  referred  to  the  first regular legislative session convening after the
    47  next succeeding general election of members of  the  assembly,  and,  in
    48  conformity  with  section  1  of  article  19  of  the  constitution, be
    49  published for 3 months previous to the time of such election.
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