S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8279
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced  by  M.  of  A. J. M. GIGLIO -- read once and referred to the
   Committee on Health
 
 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:
   § 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:
   (A) THOSE NECESSARY TO COMPLY WITH FEDERAL LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11966-01-1

 A. 8279                             2
 
   (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.
   §  2. This act shall take effect April 1, 2022 and shall expire and be
 deemed repealed March 31, 2024.