Assembly Bill A7002

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

                                  7002

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2009
                               ___________

Introduced by M. of A. SALADINO -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT  to amend the legislative law, in relation to requiring unfunded
  mandate notations

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

  Section 1. The legislative law is amended by adding a new section 51-a
to read as follows:
  S 51-A. UNFUNDED MANDATE NOTATIONS ON BILLS AFFECTING POLITICAL SUBDI-
VISIONS.  1. FOR THE PURPOSE OF THIS SECTION, THE TERM "POLITICAL SUBDI-
VISION" MEANS ANY COUNTY,  CITY,  TOWN,  VILLAGE,  SPECIAL  DISTRICT  OR
SCHOOL DISTRICT.
  2.  THE  LEGISLATURE  SHALL BY CONCURRENT RESOLUTION OF THE SENATE AND
ASSEMBLY PRESCRIBE RULES REQUIRING UNFUNDED MANDATE  NOTATIONS,  WHEREBY
ANY BILL CONTAINING AN UNFUNDED MANDATE WHICH WOULD SUBSTANTIALLY AFFECT
THE  REVENUES  OR EXPENSES, OR BOTH, OF ANY POLITICAL SUBDIVISION, SHALL
BEAR THE WORDS "UNFUNDED MANDATE" ON THE FACE OF THE BILL, TO BE  PLACED
IMMEDIATELY UNDER THE DATE OF SUCH BILL.
  3.  UNFUNDED  MANDATE  NOTATIONS  SHALL  NOT, HOWEVER, BE REQUIRED FOR
BILLS:  (A) SUBJECT TO THE PROVISIONS OF SECTION FIFTY OF THIS  ARTICLE,
OR  (B) ACCOMPANIED BY SPECIAL HOME RULE REQUESTS SUBMITTED BY POLITICAL
SUBDIVISIONS, OR (C) WHICH PROVIDE DISCRETIONARY AUTHORITY TO  POLITICAL
SUBDIVISIONS,  OR  (D)  SUBMITTED PURSUANT TO SECTION TWENTY-FOUR OF THE
STATE FINANCE LAW.
  4. 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.
  5.  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.
                                                           LBD07857-01-9
              

A. 7002                             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.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.