S T A T E   O F   N E W   Y O R K
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                                  6521

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2009
                               ___________

Introduced  by  M.  of  A. GIGLIO, HAWLEY, WALKER, KOLB, FINCH, SAYWARD,
  BACALLES -- Multi-Sponsored by -- M. of  A.  BALL,  BARCLAY,  BURLING,
  CROUCH,  ERRIGO,  HAYES, McDONOUGH, O'MARA, QUINN, RAIA, THIELE, TOWN-
  SEND -- read once and referred to the Committee on Social Services

AN ACT to amend the social services law, in relation to the  prohibition
  on  unfunded  mandates  in  medical  assistance; and providing for the
  repeal of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The social services law is amended by adding a new section
368-g to read as follows:
  S 368-G. PROHIBITION ON UNFUNDED MANDATES. 1.  ANY  PROVISION  OF  LAW
THAT IS CONTAINED IN OR ENACTED PURSUANT TO THIS TITLE AND DETERMINED IN
ACCORDANCE WITH THIS SECTION TO BE AN UNFUNDED MANDATE SHALL CEASE TO BE
MANDATORY IN EFFECT AND SHALL BECOME VOLUNTARY IN OPERATION.
  2. A PROVISION OF LAW THAT IS CONTAINED IN OR ENACTED PURSUANT TO THIS
TITLE  WHICH  REQUIRES  ONE  OR  MORE  COUNTY  OR  CITY  SOCIAL SERVICES
DISTRICTS 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
THE SOCIAL SERVICES DISTRICTS OF  THE  STATE.  ANY  SUCH  AGGREGATE  NET
INCREASE  IN EXPENDITURES SHALL BE OFFSET BY: (A) MONIES PROVIDED TO THE
SOCIAL SERVICES DISTRICTS FOR  THE  SPECIFIC  PURPOSE  OF  FUNDING  SUCH
PROVISION  OF  LAW; AND (B) DECREASES IN EXPENDITURES EXPECTED TO RESULT
FROM OTHER PROVISIONS OF LAW ENACTED CONCURRENTLY THEREWITH THAT REPEAL,
REDUCE OR MODIFY EXISTING MANDATES ON SOCIAL SERVICES DISTRICTS.
  3. FOR PURPOSES OF THIS SECTION, THE TERM "LAW" SHALL MEAN  A  STATUTE
ENACTED  BY  THE LEGISLATURE, OR EXECUTIVE ORDER ISSUED BY THE GOVERNOR,
OR A RULE OR REGULATION  PROMULGATED  BY  A  STATE  AGENCY,  DEPARTMENT,
BOARD, BUREAU, OFFICER, AUTHORITY OR COMMISSION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05176-01-9

              

A. 6521                             2

  4.  NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, THE
FOLLOWING TYPES OF LAWS SHALL NOT BE CONSIDERED UNFUNDED MANDATES:
  (A) THOSE NECESSARY TO COMPLY WITH FEDERAL LAW;
  (B)  THOSE  FOR  WHICH  THE  AGGREGATE NET INCREASE IN REQUIRED DIRECT
EXPENDITURES BY A SOCIAL SERVICES DISTRICT IS LESS THAN TWENTY  THOUSAND
DOLLARS;
  (C)  THOSE  THAT  HAVE  BEEN  REQUESTED THROUGH A HOME RULE MESSAGE OR
OTHER RESOLUTION OF THE AFFECTED SOCIAL SERVICES DISTRICT, OR WHICH HAVE
BEEN ACCEPTED BY THE AFFECTED SOCIAL SERVICES DISTRICT;
  (D) THOSE REAPPORTIONING  RESPONSIBILITIES  BETWEEN  OR  AMONG  SOCIAL
SERVICES DISTRICTS;
  (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; AND
  (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.
  S  2. This act shall take effect April 1, 2010 and shall expire and be
deemed repealed March 31, 2012.