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) 2019-03-14 - opinion referred to judiciary [A05849 Detail]

Download: New_York-2019-A05849-Introduced.html

                STATE OF NEW YORK
                               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
        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.

        A. 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.