S T A T E O F N E W Y O R K
________________________________________________________________________
7695
2011-2012 Regular Sessions
I N A S S E M B L Y
May 13, 2011
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Introduced by M. of A. SALADINO, MONTESANO, RA, CURRAN, McKEVITT --
Multi-Sponsored by -- M. of A. BARCLAY, BURLING, CASTELLI, CERETTO,
FINCH, GOODELL, HAWLEY, MALLIOTAKIS, McLAUGHLIN, PALMESANO, THIELE --
read once and referred to the Committee 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09033-01-1
A. 7695 2
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;
(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.