In addition to Oregon, as mentioned above, many states have constitutional or statutory restrictions on unfunded mandates:
- 12 States have Constitutional Restrictions on Unfunded Mandates: AK, AL, CA, HI, LA, MA, MI, MO, NH, NJ, NM, TN
- 11 States have Statutory Restrictions on Unfunded Mandates: CT, IA, IL, MT, NV, RI, SC, SD, VA, WA, WI
- 4 States have Constitutional and Statutory Restrictions on Unfunded Mandates: CO, FL, ME, OR
Let’s look at how a few other state constitutions have restricted unfunded mandates:
- (a) With respect to any provision of a law enacted on and after January 17, 1996, and with respect to any rule or regulation issued pursuant to a law originally adopted after July 1, 1996, and except as otherwise provided herein, any provision of such law, or of such rule or regulation issued pursuant to a law, which is determined in accordance with this paragraph to be an unfunded mandate upon boards of education, counties, or municipalities because it does not authorize resources, other than the property tax, to offset the additional direct expenditures required for the implementation of the law or rule or regulation, shall, upon such determination cease to be mandatory in its effect and expire. A law or rule or regulation issued pursuant to a law that is determined to be an unfunded mandate shall not be considered to establish a standard of care for the purpose of civil liability.
Article VIII, Section II, paragraph 5 added effective December 7, 1995.
The Alabama Unfunded Mandate Amendment, also known as Amendment 7, was on the November 3, 1998, election ballot in Alabama as a legislatively referred constitutional amendment. It was approved. It proposed that no state law or executive order that required spending by a municipality or county could go into effect without either the approval of the local governing authority or the appropriation of necessary funding by the state legislature.
No other state funds Medicaid the way New York does.