S T A T E   O F   N E W   Y O R K
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                                  6019

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2013
                               ___________

Introduced by M. of A. GIGLIO, HAWLEY, KOLB, FINCH -- Multi-Sponsored by
  -- M. of A. BARCLAY, CROUCH, McDONOUGH, RAIA -- 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.
  4. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,  THE
FOLLOWING TYPES OF LAWS SHALL NOT BE CONSIDERED UNFUNDED MANDATES:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07818-01-3
              

A. 6019                             2

  (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, 2014 and shall expire and be
deemed repealed March 31, 2016.