Bill Text: NY A07002 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides that 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-11 - held for consideration in governmental operations [A07002 Detail]
Download: New_York-2009-A07002-Introduced.html
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:
1 Section 1. The legislative law is amended by adding a new section 51-a
2 to read as follows:
3 S 51-A. UNFUNDED MANDATE NOTATIONS ON BILLS AFFECTING POLITICAL SUBDI-
4 VISIONS. 1. FOR THE PURPOSE OF THIS SECTION, THE TERM "POLITICAL SUBDI-
5 VISION" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, SPECIAL DISTRICT OR
6 SCHOOL DISTRICT.
7 2. THE LEGISLATURE SHALL BY CONCURRENT RESOLUTION OF THE SENATE AND
8 ASSEMBLY PRESCRIBE RULES REQUIRING UNFUNDED MANDATE NOTATIONS, WHEREBY
9 ANY BILL CONTAINING AN UNFUNDED MANDATE WHICH WOULD SUBSTANTIALLY AFFECT
10 THE REVENUES OR EXPENSES, OR BOTH, OF ANY POLITICAL SUBDIVISION, SHALL
11 BEAR THE WORDS "UNFUNDED MANDATE" ON THE FACE OF THE BILL, TO BE PLACED
12 IMMEDIATELY UNDER THE DATE OF SUCH BILL.
13 3. UNFUNDED MANDATE NOTATIONS SHALL NOT, HOWEVER, BE REQUIRED FOR
14 BILLS: (A) SUBJECT TO THE PROVISIONS OF SECTION FIFTY OF THIS ARTICLE,
15 OR (B) ACCOMPANIED BY SPECIAL HOME RULE REQUESTS SUBMITTED BY POLITICAL
16 SUBDIVISIONS, OR (C) WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL
17 SUBDIVISIONS, OR (D) SUBMITTED PURSUANT TO SECTION TWENTY-FOUR OF THE
18 STATE FINANCE LAW.
19 4. FOR PURPOSES OF THIS SECTION, THE TERM "LAW" SHALL MEAN A STATUTE
20 ENACTED BY THE LEGISLATURE, OR EXECUTIVE ORDER ISSUED BY THE GOVERNOR,
21 OR A RULE OR REGULATION PROMULGATED BY A STATE AGENCY, DEPARTMENT,
22 BOARD, BUREAU, OFFICER, AUTHORITY OR COMMISSION.
23 5. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, THE
24 FOLLOWING TYPES OF LAWS SHALL NOT BE CONSIDERED UNFUNDED MANDATES:
25 (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
1 (B) THOSE FOR WHICH THE AGGREGATE NET INCREASE IN REQUIRED DIRECT
2 EXPENDITURES BY A SOCIAL SERVICES DISTRICT IS LESS THAN TWENTY THOUSAND
3 DOLLARS;
4 (C) THOSE THAT HAVE BEEN REQUESTED THROUGH A HOME RULE MESSAGE OR
5 OTHER RESOLUTION OF THE AFFECTED SOCIAL SERVICES DISTRICT, OR WHICH HAVE
6 BEEN ACCEPTED BY THE AFFECTED SOCIAL SERVICES DISTRICT;
7 (D) THOSE REAPPORTIONING RESPONSIBILITIES BETWEEN OR AMONG SOCIAL
8 SERVICES DISTRICTS;
9 (E) THOSE ARISING FROM AN EXECUTIVE ORDER OF THE GOVERNOR EXERCISING
10 HIS OR HER EMERGENCY POWERS;
11 (F) THOSE APPLICABLE TO BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN
12 THE SAME OR A SUBSTANTIALLY SIMILAR MANNER; AND
13 (G) THOSE IN FULL FORCE AND EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS
14 SECTION, INCLUDING ANY PROVISION OF LAW THAT EXTENDS OR REAUTHORIZES
15 SUCH A LAW.
16 S 2. This act shall take effect on the first of January next succeed-
17 ing the date on which it shall have become a law.
