Bill Text: NY A07082 | 2013-2014 | 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 7-0)

Status: (Introduced - Dead) 2014-06-03 - held for consideration in governmental operations [A07082 Detail]

Download: New_York-2013-A07082-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7082
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 1, 2013
                                      ___________
       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.
                                                                  LBD08162-01-3
       A. 7082                             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.
feedback