Proposed Legislative Amendment on Unfunded Mandates

Amendment Purpose: 
1967 Constitutional Convention Amendment: All public assistance and Medicaid costs not paid for by the national government would be borne by the state budget
Summary of Amendment: 
  • Requires the legislature to provide by January 1, 1970, for the transfer of the administration and cost of local welfare programs to the state over a 10-year period

Article X

State Taxation and Finance

Section 5. The article directs the legislature to provide for the transfer to the state by January 1, 1970 of responsibility for all programs of public assistance and care now administered by local governments. It provides for the allocation of the costs of such programs not paid or reimbursed by the federal government and requires that, within ten years, local governments be entirely relieved of all such costs.

Section 6. The article permits public moneys to be granted or loaned to any person, association or private corporation for economic and community development purposes, as therein defined. Economic and community development purposes include the renewal and rebuilding of communities, the development of new communities, and programs and facilities to enhance the physical environment, health and social well-being of, and to encourage the expansion of economic opportunity for, the people of the state.
Legislative Amendment Text: 

Article X

State Taxation and Finance

§ 16. a. Not later than one year after the operative date of this constitution, the legislature shall provide for the transfer to the state of responsibility for the administration of all programs of public assistance and care now administered by local governments and all such programs hereafter established by the legislature.

b. For the period of ten years from the date of such transfer, the portion of the cost of such programs and of the administration thereof borne by the state and local governments and not paid or reimbursed by the government of the United States shall be allocated and apportioned to the state and the local governments of the state; provided, however, that no local government of the state shall bear any greater portion of such cost than the amount it expended for such programs and administration thereof during its fiscal year preceding the date of the transfer of such responsibility, and provided further, that for and during each year of such ten year period the amount of such cost borne by each such local government shall be reduced by at least ten per cent so that at the end of such ten year period, if not sooner, the cost borne by each such local government shall have been reduced to zero.
c. The legislature may provide for the transfer to the state of such of the books, records, accounts, equipment, and personnel of local governments pertaining to or administering such programs as it may deem proper or necessary to accomplish the purposes of this section.
Legislative History: 

In 1967, the New York State Constitutional Convention proposed a whole new Constitution that contained this provision and these changes to a vote of the people of the State of New York at the General Election asking "Shall the proposed new Constitution, adopted by the Constitutional Convention, and the Resolution submitting same, be approved?"  The Constitution as a whole was voted down by the people, which included these changes. 

Learn more on our page devoted to the 1967 Convention.  The Proceedings of the Convention are available from the New York State Library and you can download; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: initial; background-position: 100% 50%; background-repeat: no-repeat no-repeat; "> a PDF copy of the Constitution proposed by the 1967 Constitutional Convention.




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