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Sponsors
1 Co-sponsor
History
- Referred to finance
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Enacts the "unfunded mandate reform act"
In Assembly Committee · Governmental Operations · Sponsor Joseph Morelle
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4094
Title of bill
An act to amend the executive law and the legislative law, in relation to enacting the "unfunded mandate reform act"
Purpose
To authorize the Governor to submit to the Legislature once each legislative session a plan to repeal or revise unfunded mandates, and to require such plan to be voted on by the Legislature within 30 days of its submission.
Read the full memo (728 words)
Summary of provisions
Section 1 adds a news Executive Law article 5-A, entitled the Unfunded Mandate Reform Act.
This new article authorizes the Governor to submit to the Legislature annually an unfunded mandate reform plan, which the Legislature must approve or reject within 30 days of its submission by the Governor.
New Executive Law § 75 sets forth a short title, the Unfunded Mandate Reform Act.
New Executive Law § 76 states that it is the responsibility of the Governor to periodically review unfunded mandates imposed by the state on local governments and school districts.
New Executive Law § 77 defines key terms used in the article, including "unfunded mandate" and "unfunded mandate reform plan."
New Executive Law § 78 authorizes the Governor to submit to the Legislature an unfunded mandate reform plan, and provides that nothing in this article prohibits or limits the authority of the governor or legislature to repeal, revise or provide funding for unfunded mandates pursuant to any other lawful process.
New Executive Law § 79 provides that an unfunded mandate reform plan shall set forth the Governor's findings, a description of the unfunded mandates that he or she proposes to repeal or revise, a projection of the anticipated costs and savings resulting from the plan, any other pertinent information relating to the implementation of the plan, and a projected timetable for the plan's implementation.
New Executive Law § 80 provides that the Governor may submit an unfunded mandate reform plan once each year no later than May 30th, and that such plan must be voted on by the Legislature within 30 days.
New Executive Law § 81 provides that certain programs and services shall not be considered unfunded mandates for the purposes of this article.
These include those programs and services:
-that are required to comply with federal laws or rules or to meet eligibility standards for federal entitlements, so long as such mandates are not broader than federal eligibility standards;
-that are imposed on both government and non-government entities in the same or substantially similar circumstances;
-which permit, establish or enable only optional programs or services;
-which stem from failure to comply with previously enacted laws, or rules or regulations issued pursuant to a law;
-which arise from a ruling by a court of competent jurisdiction;
-which arise from an executive order of the governor exercising his or her emergency powers;
-which implement provisions of the state Constitution;
-which are passed by a two-thirds vote of both the senate and assembly after a public hearing process; and
-which are requested by a local government.
New Executive Law § 82 is a severability provision.
Section 2 adds a new Legislation Law s 54-c, which authorizes the Legislature to prescribe rules for the consideration and disposition of an unfunded mandate reform plan, as defined in Executive Law Article 5-A, by concurrent resolution.
Section 3 is the effective date.
JUSTIFICATION:S: Modeled after the Spending and Government Efficiency (SAGE) Commission that was enacted into law as part of the 2011-12 state budget (Chapter 62 of the Laws of 2011, Part E), this legislation creates a similar mechanism that would enable the Governor to propose the repeal or revision of unfunded mandates that are imposed on local governments and school districts.
Current and future state budget deficits have forced Albany to cut funding for education and health care, while local governments and school district face similar funding problems.
In order to avoid property tax increases, it is critically important that the Governor and Legislature provide local governments and school districts with real mandate relief.
This legislation provides a mechanism to enable the Governor to propose and the Legislature to consider real and substantial unfunded mandate relief to local governments and school districts.
Legislative history
2011-2012: S5379 referred to Finance
Fiscal implications
No fiscal implications to the state.
Local fiscal implications
This legislation could have significant local fiscal implications by enabling the repeal or revision of unfunded mandates.
Effective date
Immediately upon enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.