What's happening
This bill proposes a constitutional amendment to prohibit unfunded mandates on local governments and establishes a council to enforce this.
Why it matters
Shifts financial responsibility. By making unfunded mandates voluntary, the amendment prevents the state from requiring local governments (counties, cities, towns, villages, school districts, and special districts) to bear new costs unless funding is provided, potentially reducing local tax burdens or service cuts caused by state-imposed requirements.
Creates a formal enforcement mechanism. The establishment of a Council on Local Mandates gives local governments a direct process to challenge state laws, executive orders, or agency rules they believe impose unfunded costs, potentially increasing local leverage in state-local relations.
Defines and limits exceptions. The amendment outlines specific exceptions (e.g., federal compliance, emergency orders, voluntary local requests, or costs below a set threshold), which clarifies when mandates can still be imposed without funding, but also sets boundaries that could limit state flexibility in policy-making.
Adds judicial review and quick resolution. Council decisions can be appealed to the courts with priority status, ensuring disputes over mandates are resolved promptly, which may lead to faster relief for local governments but could also increase litigation between the state and its subdivisions.
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Who cares
Counties, cities, towns and villages
The proposed constitutional amendment would let them challenge qualifying unfunded state mandates before a new council and make provisions found to be unfunded voluntary.
School districts and special districts
They would receive the same protection against qualifying new costs, but existing mandates and their extensions or reauthorizations would remain exempt.
State lawmakers, the governor and state agencies
Their statutes, executive orders and regulations could become voluntary for local governments if they impose qualifying net costs without offsetting funding or mandate reductions.
New York State Supreme Court
It would review challenges to council determinations, with those proceedings taking precedence over all other cases.
Headline styles
Stop Unfunded State Mandates
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 54–8
- Ordered to third reading cal.1043
- Committee discharged and committed to rules
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8400
IN SENATE
May 4, 2018
Introduced by Sen. JACOBS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to article 9 of the constitution, in relation to prohibiting unfunded mandates
Section 1. Resolved (if the Assembly concur), That article 9 of the constitution be amended by adding a new section 4 to read as follows:
§ 4. Prohibition on unfunded mandates; council on local mandates. 1. a. Any provision of law determined in accordance with this section to be an unfunded mandate shall cease to be mandatory in effect and shall become voluntary in operation.
b. A provision of law that requires one or more political subdivisions to expend funds or to take actions requiring the expenditure of funds shall be deemed an unfunded mandate if such provision of law results in an aggregate net increase in necessary direct expenditures by any political subdivision of the state. Any such aggregate net increase in expenditures shall be offset by: (i) monies provided to political subdivisions for the specific purpose of funding such provision of law; and (ii) decreases in expenditures expected to result from other provisions of law enacted concurrently therewith that repeal, reduce or modify existing mandates on political subdivisions. For purposes of this section, all budget bills and legislation necessary to implement the budget enacted pursuant to article seven of this constitution shall be deemed to have been concurrently enacted into law.
c. For purposes of this section, the term "political subdivision" shall mean a county, city, town, village, school district or special district, and shall include any agency, authority, commission, department or instrumentality thereof.
d. For purposes of this section, the term "law" shall mean a statute enacted by the legislature, an executive order issued by the governor, and a rule or regulation promulgated by a state agency, department, board, bureau, officer, authority or commission.
2. Notwithstanding anything in this section to the contrary, the following types of laws shall not be considered unfunded mandates:
a. those necessary to comply with federal law;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89140-01-8
S. 8400 2
b. those for which the aggregate net increase in required direct expenditures by political subdivisions is less than ten thousand dollars. Provided however, such amount shall be annually adjusted to reflect changes in the consumer price index by a procedure established by the legislature by law;
c. those that have been requested through a home rule message or other resolution of the affected political subdivision, or which have been accepted by the affected political subdivision;
d. those reapportioning responsibilities between or among political subdivisions;
e. those arising from an executive order of the governor exercising his or her emergency powers;
f. those applicable to both government and non-government entities in the same or a substantially similar manner;
g. those in full force and effect prior to the effective date of this section, including any provision of law that extends or reauthorizes such a law.
3. The legislature shall establish by law a council on local mandates. The council shall consist of seven members of whom two shall be appointed by the governor, one by the temporary president of the senate, one by the minority leader of the senate, one by the speaker of the assembly, one by the minority leader of the assembly, and one by the comptroller. The governor shall designate a chair from among the members.
The legislature shall establish by law qualifications for such appointments, which shall include the requirement that one of the members appointed by the governor shall be made on the recommendation of political subdivisions or duly appointed representatives thereof. All legislation required by this subdivision shall be enacted into law within sixty days after the effective date of this section, and initial appointments to the council shall be made within sixty days thereafter.
4. a. The council shall timely resolve any complaint by an aggrieved political subdivision that a provision of law constitutes an unfunded mandate. A ruling of the council shall be restricted to the specific provision of law that constitutes an unfunded mandate and shall, to the extent practicable, leave intact the remainder of the law.
b. Determinations of the council shall be subject to review by the supreme court in the same manner and under the same standards of review as administrative determinations of state agencies and departments; provided, however, that the state may seek judicial review of a determination by the council that a provision of law constitutes an unfunded mandate. Proceedings to review council determinations shall be given precedence over all other causes and proceedings before the court.
§ 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
This constitutional amendment will prohibit the state from placing unfunded mandates on local governments.
Summary of provisions
Section 1: Amends Article IX of the Constitution adding a new section 4. Section 4 of the Constitution will prohibit unfunded mandates and create a council on local mandates.
Read the full memo (640 words)
This constitutional amendment will dictate that any provision of law determined by the council on local mandates to be an unfunded mandate will cease to be mandatory and will become voluntary.
An unfunded mandate is defined as any provision of law that results in an aggregate net increase in direct expenditures by any political subdi- vision of the state (such as counties, cities, towns, villages, school districts or other special districts). Any aggregate net increase in expenditures must be offset by: monies provided to the political subdi- vision for funding a specific provision of law or decreases in expendi- tures that result the concurrent repeal, reduction, or modification of existing mandates.
The following categories of laws will not be considered unfunded mandates: those necessary to comply with federal law, laws which require an aggregate net increase in expenditure of less than ten thousand dollars, laws requested through home rule, laws that reapportion respon- sibilities among political subdivisions, laws that result from the gubernatorial emergency powers, laws that apply equally to governmental and non-governmental entities, and laws enacted prior to the effective date of the constitutional resolution.
The legislature shall create a council on local mandates. The council shall consist of seven members: two appointed by the governor, one my the temporary president of the senate, one by the minority leader of the senate, one by the speaker of the assembly, one by the minority leader of the assembly, and one by the comptroller. One of the members appointed by the governor shall by made by recommendation of the poli- tical subdivisions or their representative.
The council on local mandates shall be empowered to resolve any complaint brought by a political subdivision. The council shall rule whether a specific provision of law constitutes an unfunded mandates. Determinations made by the council will be reviewable by the supreme court under the same standard as administrative determinations of state agencies.
§ 2 - Provides for the constitutionally prescribe mechanism for legisla- tive reconsideration of constitutional amendments.
Existing law
This constitutional amendment amends Article IX of the constitution, which relates to local governments. Currently, there is no constitu- tional prohibition on unfunded mandates or a mechanism for local govern- ments to challenge the imposition of an unfunded mandate.
Justification
Unfunded mandates are legal directives to local governments compelling local governments to undertake an additional task. Many of these mandates come from state government without any financial assistance to the local government to implement or administer the additional mandate.
Without financial assistance from the state, local governments are forced to decide between taking resources from already strained programs and redirecting those funds to the latest unfunded mandate or turning to already over-burdened taxpayers for additional support making living and working in New York increasingly unaffordable.
This constitutional amendment will prevent state government from passing the financial burden of mandates onto local governments and property taxpayers. Additionally, this amendment will give local governments recourse to resist unfunded mandates and to ensure that property taxpay- ers are not further saddled by increased taxes.
Legislative history
2005 - 2006 - S3049 2007 - 2008 - S2201 2009 - 2010 - S1640 2013 - 2014 - S5126
Fiscal implications
To be determined.
Local fiscal implications
This constitutional amendment will ultimately save local governments and taxpayers money.
Effective date
Takes effect immediately, after approval by two separately elected legislatures and the voters by referendum.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.