Bill Text: NY A06521 | 2009-2010 | General Assembly | Introduced

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Bill Title: Prohibits unfunded mandates in medicaid; provides that a provision of law which is determined to be an unfunded mandate according to this new section of law shall cease to be mandatory and become voluntary in operation; defines "law" as a statute, executive order of the governor, or rule or regulation; prohibition does not apply to laws in full force and effect prior to the effective date of the section.

Spectrum: Strong Partisan Bill (Republican 17-1)

Status: (Introduced - Dead) 2010-05-25 - held for consideration in social services [A06521 Detail]

Download: New_York-2009-A06521-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6521
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 6, 2009
                                      ___________
       Introduced  by  M.  of  A. GIGLIO, HAWLEY, WALKER, KOLB, FINCH, SAYWARD,
         BACALLES -- Multi-Sponsored by -- M. of  A.  BALL,  BARCLAY,  BURLING,
         CROUCH,  ERRIGO,  HAYES, McDONOUGH, O'MARA, QUINN, RAIA, THIELE, TOWN-
         SEND -- 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:
    1    Section  1. The social services law is amended by adding a new section
    2  368-g to read as follows:
    3    S 368-G. PROHIBITION ON UNFUNDED MANDATES. 1.  ANY  PROVISION  OF  LAW
    4  THAT IS CONTAINED IN OR ENACTED PURSUANT TO THIS TITLE AND DETERMINED IN
    5  ACCORDANCE WITH THIS SECTION TO BE AN UNFUNDED MANDATE SHALL CEASE TO BE
    6  MANDATORY IN EFFECT AND SHALL BECOME VOLUNTARY IN OPERATION.
    7    2. A PROVISION OF LAW THAT IS CONTAINED IN OR ENACTED PURSUANT TO THIS
    8  TITLE  WHICH  REQUIRES  ONE  OR  MORE  COUNTY  OR  CITY  SOCIAL SERVICES
    9  DISTRICTS TO EXPEND FUNDS OR TO TAKE ACTIONS REQUIRING  THE  EXPENDITURE
   10  OF  FUNDS  SHALL  BE DEEMED AN UNFUNDED MANDATE IF SUCH PROVISION OF LAW
   11  RESULTS IN AN AGGREGATE NET INCREASE IN NECESSARY DIRECT EXPENDITURES BY
   12  THE SOCIAL SERVICES DISTRICTS OF  THE  STATE.  ANY  SUCH  AGGREGATE  NET
   13  INCREASE  IN EXPENDITURES SHALL BE OFFSET BY: (A) MONIES PROVIDED TO THE
   14  SOCIAL SERVICES DISTRICTS FOR  THE  SPECIFIC  PURPOSE  OF  FUNDING  SUCH
   15  PROVISION  OF  LAW; AND (B) DECREASES IN EXPENDITURES EXPECTED TO RESULT
   16  FROM OTHER PROVISIONS OF LAW ENACTED CONCURRENTLY THEREWITH THAT REPEAL,
   17  REDUCE OR MODIFY EXISTING MANDATES ON SOCIAL SERVICES DISTRICTS.
   18    3. FOR PURPOSES OF THIS SECTION, THE TERM "LAW" SHALL MEAN  A  STATUTE
   19  ENACTED  BY  THE LEGISLATURE, OR EXECUTIVE ORDER ISSUED BY THE GOVERNOR,
   20  OR A RULE OR REGULATION  PROMULGATED  BY  A  STATE  AGENCY,  DEPARTMENT,
   21  BOARD, BUREAU, OFFICER, AUTHORITY OR COMMISSION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05176-01-9
       A. 6521                             2
    1    4.  NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, THE
    2  FOLLOWING TYPES OF LAWS SHALL NOT BE CONSIDERED UNFUNDED MANDATES:
    3    (A) THOSE NECESSARY TO COMPLY WITH FEDERAL LAW;
    4    (B)  THOSE  FOR  WHICH  THE  AGGREGATE NET INCREASE IN REQUIRED DIRECT
    5  EXPENDITURES BY A SOCIAL SERVICES DISTRICT IS LESS THAN TWENTY  THOUSAND
    6  DOLLARS;
    7    (C)  THOSE  THAT  HAVE  BEEN  REQUESTED THROUGH A HOME RULE MESSAGE OR
    8  OTHER RESOLUTION OF THE AFFECTED SOCIAL SERVICES DISTRICT, OR WHICH HAVE
    9  BEEN ACCEPTED BY THE AFFECTED SOCIAL SERVICES DISTRICT;
   10    (D) THOSE REAPPORTIONING  RESPONSIBILITIES  BETWEEN  OR  AMONG  SOCIAL
   11  SERVICES DISTRICTS;
   12    (E)  THOSE  ARISING FROM AN EXECUTIVE ORDER OF THE GOVERNOR EXERCISING
   13  HIS OR HER EMERGENCY POWERS;
   14    (F) THOSE APPLICABLE TO BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN
   15  THE SAME OR A SUBSTANTIALLY SIMILAR MANNER; AND
   16    (G) THOSE IN FULL FORCE AND EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS
   17  SECTION, INCLUDING ANY PROVISION OF LAW  THAT  EXTENDS  OR  REAUTHORIZES
   18  SUCH A LAW.
   19    S  2. This act shall take effect April 1, 2010 and shall expire and be
   20  deemed repealed March 31, 2012.