S T A T E   O F   N E W   Y O R K
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                                  3211

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the legislative law,  in  relation  to  restricting  the
  imposition of unfunded mandates on political subdivisions of the state

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

  Section 1. Legislative findings and intent. The legislature finds that
state government imposes numerous program and  service  requirements  on
its  local  governments  without fully considering the fiscal impacts of
these requirements. Such unfunded  mandates  require  local  governments
already  experiencing  considerable  economic hardship to provide new or
significantly expanded programs and services without the funding  neces-
sary  to  carry  out those mandates. Because unfunded mandates aggravate
the fiscal difficulty that some local governments are now  experiencing,
the state must consider the burdens of unfunded mandates before imposing
additional  such  requirements  on  local  governments.  The legislature
therefore declares that it is appropriate that state government  provide
funding for mandates it imposes on local governments.
  The legislature also finds that some mandates are critical to preserv-
ing  the  health, safety and welfare of the people of the state. Because
it is impractical to shift immediately to  full  state  funding  of  all
state  mandates,  and  recognizing  the  need to curtail the transfer of
program and service expenses from the state to  local  governments,  the
legislature declares its intent to restrict the imposition of additional
unfunded mandates on local governments until such time as these mandates
are fully funded by the state.
  S  2.  The  legislative law is amended by adding a new section 51-a to
read as follows:
  S 51-A. STATE MANDATES ON POLITICAL SUBDIVISIONS OF  THE  STATE.    1.
DEFINITIONS. AS USED IN THIS SECTION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00353-01-1
              

S. 3211                             2

  (A)  THE  TERM  "POLITICAL  SUBDIVISION" MEANS ANY COUNTY, CITY, TOWN,
VILLAGE, SCHOOL DISTRICT OR SPECIAL DISTRICT, OR ANY AGENCY,  AUTHORITY,
COMMISSION, DEPARTMENT OR INSTRUMENTALITY THEREOF.
  (B)  THE  TERM "QUALIFYING BILL" MEANS ANY BILL OR AMENDMENT TO A BILL
FILED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION WHICH ESTABLISHES A
STATE PROGRAM, SIGNIFICANTLY CHANGES SERVICES REQUIRED TO BE PROVIDED BY
SUCH PROGRAM, OR RESULTS IN A CHANGE IN  REVENUES  OR  EXPENSES  OF  ANY
POLITICAL SUBDIVISION.
  2. NO QUALIFYING BILL HAVING A DIRECT IMPACT ON ANY POLITICAL SUBDIVI-
SION IN EXCESS OF TEN THOUSAND DOLLARS PER YEAR, OR ON TWO OR MORE POLI-
TICAL  SUBDIVISIONS  COLLECTIVELY  OR ON A CITY WITH A POPULATION OF ONE
MILLION OR MORE IN EXCESS OF ONE  HUNDRED  THOUSAND  DOLLARS  PER  YEAR,
SHALL  BE  OPERATIVE  ON  SUCH  POLITICAL SUBDIVISION OR CITY UNLESS THE
LEGISLATION HAVING SUCH IMPACT REQUIRES THE  STATE  TO  PROVIDE  A  FULL
SUBVENTION  OF  FUNDS FROM THE STATE TO REIMBURSE ANY AFFECTED POLITICAL
SUBDIVISION OR CITY FOR THE REASONABLE AND NECESSARY COST THEREOF.
  3. A LAW SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION
SHALL  MAKE AN INITIAL APPROPRIATION THEREIN IN THE AMOUNT SUFFICIENT TO
PAY IN FULL ANY NET ADDITIONAL COST OF COMPLIANCE  NECESSARILY  INCURRED
BY  THE  AFFECTED POLITICAL SUBDIVISION IN THAT FISCAL YEAR. THEREAFTER,
THE STATE SHALL PROVIDE FUNDING  FOR  CONTINUING  PROGRAMS  OR  SERVICES
SUBJECT  TO  THE  PROVISIONS  OF  SUBDIVISION TWO OF THIS SECTION IN THE
ANNUAL APPROPRIATIONS ACT OR SUPPLEMENTAL ACTS THERETO OR  IN  APPROPRI-
ATIONS OF BOND MONEYS OR OTHER DESIGNATED SOURCES OF FUNDING.
  4.  NOTWITHSTANDING ANY OTHER PROVISION IN THIS SECTION TO THE CONTRA-
RY, THE FOLLOWING CATEGORIES OF BILLS SHALL NOT BE  CONSIDERED  UNFUNDED
MANDATES:
  (A)  THOSE  WHICH ARE REQUIRED TO COMPLY WITH FEDERAL LAWS OR RULES OR
TO MEET ELIGIBILITY STANDARDS FOR FEDERAL ENTITLEMENTS;
  (B) THOSE WHICH ARE IMPOSED  ON  BOTH  GOVERNMENT  AND  NON-GOVERNMENT
ENTITIES IN THE SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES;
  (C)  THOSE WHICH PERMIT, ESTABLISH OR ENABLE ONLY OPTIONAL PROGRAMS OR
SERVICES;
  (D) THOSE WHICH ARE BUDGET BILLS SUBMITTED BY THE GOVERNOR PURSUANT TO
ARTICLE SEVEN OF THE CONSTITUTION, BUT ONLY  IF  SUCH  BILLS  IMPLEMENT,
REVISE, AMEND OR CONTINUE PROGRAMS OR MANDATES WHICH CURRENTLY EXIST AND
SUCH BILLS DO NOT IMPOSE ANY NEW MANDATES WHICH, IF TAKEN BY THEMSELVES,
WOULD OTHERWISE BE SUBJECT TO THE RESTRICTIONS OF THIS SECTION;
  (E)  THOSE  WHICH  REPEAL,  REVISE,  OR  EASE  AN  EXISTING MANDATE OR
REQUIREMENT, OR WHICH REAPPORTION THE COSTS OF ACTIVITIES BETWEEN BOARDS
OF EDUCATION, COUNTIES AND MUNICIPALITIES;
  (F) THOSE WHICH STEM FROM FAILURE TO COMPLY  WITH  PREVIOUSLY  ENACTED
LAWS, OR RULES OR REGULATIONS ISSUED PURSUANT TO A LAW;
  (G)  THOSE WHICH ARISE FROM A RULING BY A COURT OF COMPETENT JURISDIC-
TION;
  (H) THOSE WHICH ARISE FROM AN EXECUTIVE ORDER OF THE GOVERNOR EXERCIS-
ING HIS EMERGENCY POWERS;
  (I) THOSE WHICH IMPLEMENT PROVISIONS OF THE CONSTITUTION OF THE  STATE
OF NEW YORK;
  (J)  THOSE WHICH ARE ENACTED AFTER A PUBLIC HEARING, HELD AFTER PUBLIC
NOTICE THAT UNFUNDED MANDATES WILL BE CONSIDERED,  FOR  WHICH  A  FISCAL
ANALYSIS  IS  AVAILABLE  AT THE TIME OF THE PUBLIC HEARING AND WHICH, IN
ADDITION TO COMPLYING WITH ALL OTHER REQUIREMENTS  WITH  REGARD  TO  THE
ENACTMENT OF A LAW, ARE PASSED BY A THREE-FIFTHS VOTE OF BOTH THE SENATE
AND ASSEMBLY; AND

S. 3211                             3

  (K)  THOSE  WHICH ARE THE RESULT OF THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT  THE  PROGRAM
OR  SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT LOCAL GOVERNMENT WHICH REQUESTS THE AUTHORITY  TO  IMPOSE  THE
PROGRAM OR SERVICE.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.