Proposes an amendment to the Constitution prohibiting unfunded mandates

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

Prohibits the state from imposing unfunded mandates on local governments.

Summary of provisions

This bill would make compliance with new state mandates, once determined to be unfunded, voluntary for local governments, school districts, and their subsidiaries.

Defines an "unfunded mandate" as any provision of law that requires affected municipality or school district to spend more money to provide services. Any associated increases in cost would be offset by 1) funding to carry out the new mandates, and 2) savings associated with other mandate relief. Such provisions of law include statutes enacted by the Legislature, executive orders issued by the Governor, and rules or regulations promulgated by any state agency, department, board, bureau, officer, or commission.

Exceptions to the definition of an unfunded mandate are the following:

* 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.

Directs the Legislature to establish a Council on Local Mandates, with seven members appointed as follows: two by the Governor, one by the Senate Majority Leader, one by the Senate Minority Leader, one by Assembly Speaker, one by the Assembly Minority Leader, and one by the State Comptroller. One of the Governor's appointments would be a person serving as a local elected official, and the Governor would designate a chair from among the members. The Council would be responsible for resolving any disputes brought by local governments about whether a law is an unfunded mandate or not. Council determinations would be subject to judicial review.

Existing law

Current law does not provide for any review of or limitations upon legislative actions regarding their fiscal impacts on local governments or school district.

Justification

Unfunded mandates are program directives to local governments that come from the state government without any financial assistance with which to implement or administer them. These mandates pose serious problems for local governments because they place an added strain on local budgets and threaten other funding sources for existing programs and services. State-imposed unfunded mandates cripple local governments throughout the state, driving-up the costs of living in New York State. They force local governments to cut existing services or to raise taxes to cover their additional costs. This constitutional amendment will force Albany to better consider how it passes along costs to local governments, following the example of some other states through the country have given similar constitutional protection to local governments.

Legislative history

S.3049 of 2006 S.2201 of 2007

Fiscal implications

None to the state.

Effective date

Takes effect immediately, after approval by two separately elected legislatures and the voters at referendum.