Proposes an amendment to the constitution prohibiting certain unfunded mandates or political subdivisions of the state

BILL NUMBER:S5126

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

To prohibit the state from imposing unfunded mandates on local governments and school districts

Summary of provisions

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 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 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 implemented 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.

Legislative history

S.1640 of 2010 S.2201 of 2007 S.3049 of 2006

Fiscal & local implications

Minimal to the State. Protect local governments from state mandated unplanned expenses.

Effective date

§ 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.