Bill Text: NY A05789 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the legislative law, in relation to restricting the imposition of unfunded mandates on political subdivisions of the state

Spectrum: Slight Partisan Bill (Republican 28-12)

Status: (Introduced - Dead) 2010-06-08 - held for consideration in governmental operations [A05789 Detail]

Download: New_York-2009-A05789-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5789
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 20, 2009
                                      ___________
       Introduced  by  M. of A. GALEF, SEMINERIO, PEOPLES, MAGEE, FIELDS, KOON,
         ALFANO, CALHOUN, CORWIN, GIGLIO, WALKER -- Multi-Sponsored by -- M. of
         A. BARCLAY, BARRA,  BENJAMIN,  BURLING,  BUTLER,  CHRISTENSEN,  CONTE,
         CROUCH,  DelMONTE,  DUPREY, ENGLEBRIGHT, ERRIGO, HAWLEY, KOLB, MILLER,
         MOLINARO, QUINN, RABBITT, RAIA, REILICH, SAYWARD, SCOZZAFAVA, SWEENEY,
         TEDISCO, THIELE, TOWNSEND -- read once and referred to  the  Committee
         on Governmental 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:
    1    Section 1. Legislative findings and intent. The legislature finds that
    2  state  government  imposes  numerous program and service requirements on
    3  its local governments without fully considering the  fiscal  impacts  of
    4  these  requirements.  Such  unfunded  mandates require local governments
    5  already experiencing considerable economic hardship to  provide  new  or
    6  significantly  expanded programs and services without the funding neces-
    7  sary to carry out those mandates. Because  unfunded  mandates  aggravate
    8  the  fiscal difficulty that some local governments are now experiencing,
    9  the state must consider the burdens of unfunded mandates before imposing
   10  additional such  requirements  on  local  governments.  The  legislature
   11  therefore  declares that it is appropriate that state government provide
   12  funding for mandates it imposes on local governments.
   13    The legislature also finds that some mandates are critical to preserv-
   14  ing the health, safety and welfare of the people of the  state.  Because
   15  it  is  impractical  to  shift  immediately to full state funding of all
   16  state mandates, and recognizing the need  to  curtail  the  transfer  of
   17  program  and  service  expenses from the state to local governments, the
   18  legislature declares its intent to restrict the imposition of additional
   19  unfunded mandates on local governments until such time as these mandates
   20  are fully funded by the state.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01649-01-9
       A. 5789                             2
    1    S 2. The legislative law is amended by adding a new  section  51-a  to
    2  read as follows:
    3    S  51-A.  STATE  MANDATES  ON POLITICAL SUBDIVISIONS OF THE STATE.  1.
    4  DEFINITIONS. AS USED IN THIS SECTION:
    5    (A) THE TERM "POLITICAL SUBDIVISION" MEANS  ANY  COUNTY,  CITY,  TOWN,
    6  VILLAGE,  SCHOOL DISTRICT OR SPECIAL DISTRICT, OR ANY AGENCY, AUTHORITY,
    7  COMMISSION, DEPARTMENT OR INSTRUMENTALITY THEREOF.
    8    (B) THE TERM "QUALIFYING BILL" MEANS ANY BILL OR AMENDMENT TO  A  BILL
    9  FILED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION WHICH ESTABLISHES A
   10  STATE PROGRAM, SIGNIFICANTLY CHANGES SERVICES REQUIRED TO BE PROVIDED BY
   11  SUCH  PROGRAM,  OR  RESULTS  IN  A CHANGE IN REVENUES OR EXPENSES OF ANY
   12  POLITICAL SUBDIVISION.
   13    2. NO QUALIFYING BILL HAVING A DIRECT IMPACT ON ANY POLITICAL SUBDIVI-
   14  SION IN EXCESS OF TEN THOUSAND DOLLARS PER YEAR, OR ON TWO OR MORE POLI-
   15  TICAL SUBDIVISIONS COLLECTIVELY OR ON A CITY WITH A  POPULATION  OF  ONE
   16  MILLION  OR  MORE  IN  EXCESS  OF ONE HUNDRED THOUSAND DOLLARS PER YEAR,
   17  SHALL BE OPERATIVE ON SUCH POLITICAL  SUBDIVISION  OR  CITY  UNLESS  THE
   18  LEGISLATION  HAVING  SUCH  IMPACT  REQUIRES  THE STATE TO PROVIDE A FULL
   19  SUBVENTION OF FUNDS FROM THE STATE TO REIMBURSE ANY  AFFECTED  POLITICAL
   20  SUBDIVISION OR CITY FOR THE REASONABLE AND NECESSARY COST THEREOF.
   21    3.  A LAW SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION
   22  SHALL MAKE AN INITIAL APPROPRIATION THEREIN IN THE AMOUNT SUFFICIENT  TO
   23  PAY  IN  FULL ANY NET ADDITIONAL COST OF COMPLIANCE NECESSARILY INCURRED
   24  BY THE AFFECTED POLITICAL SUBDIVISION IN THAT FISCAL  YEAR.  THEREAFTER,
   25  THE  STATE  SHALL  PROVIDE  FUNDING  FOR CONTINUING PROGRAMS OR SERVICES
   26  SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO  OF  THIS  SECTION  IN  THE
   27  ANNUAL  APPROPRIATIONS  ACT OR SUPPLEMENTAL ACTS THERETO OR IN APPROPRI-
   28  ATIONS OF BOND MONEYS OR OTHER DESIGNATED SOURCES OF FUNDING.
   29    4. NOTWITHSTANDING ANY OTHER PROVISION IN THIS SECTION TO THE  CONTRA-
   30  RY,  THE  FOLLOWING CATEGORIES OF BILLS SHALL NOT BE CONSIDERED UNFUNDED
   31  MANDATES:
   32    (A) THOSE WHICH ARE REQUIRED TO COMPLY WITH FEDERAL LAWS OR  RULES  OR
   33  TO MEET ELIGIBILITY STANDARDS FOR FEDERAL ENTITLEMENTS;
   34    (B)  THOSE  WHICH  ARE  IMPOSED  ON BOTH GOVERNMENT AND NON-GOVERNMENT
   35  ENTITIES IN THE SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES;
   36    (C) THOSE WHICH PERMIT, ESTABLISH OR ENABLE ONLY OPTIONAL PROGRAMS  OR
   37  SERVICES;
   38    (D) THOSE WHICH ARE BUDGET BILLS SUBMITTED BY THE GOVERNOR PURSUANT TO
   39  ARTICLE  SEVEN  OF  THE  CONSTITUTION, BUT ONLY IF SUCH BILLS IMPLEMENT,
   40  REVISE, AMEND OR CONTINUE PROGRAMS OR MANDATES WHICH CURRENTLY EXIST AND
   41  SUCH BILLS DO NOT IMPOSE ANY NEW MANDATES WHICH, IF TAKEN BY THEMSELVES,
   42  WOULD OTHERWISE BE SUBJECT TO THE RESTRICTIONS OF THIS SECTION;
   43    (E) THOSE WHICH  REPEAL,  REVISE,  OR  EASE  AN  EXISTING  MANDATE  OR
   44  REQUIREMENT, OR WHICH REAPPORTION THE COSTS OF ACTIVITIES BETWEEN BOARDS
   45  OF EDUCATION, COUNTIES AND MUNICIPALITIES;
   46    (F)  THOSE  WHICH  STEM FROM FAILURE TO COMPLY WITH PREVIOUSLY ENACTED
   47  LAWS, OR RULES OR REGULATIONS ISSUED PURSUANT TO A LAW;
   48    (G) THOSE WHICH ARISE FROM A RULING BY A COURT OF COMPETENT  JURISDIC-
   49  TION;
   50    (H) THOSE WHICH ARISE FROM AN EXECUTIVE ORDER OF THE GOVERNOR EXERCIS-
   51  ING HIS EMERGENCY POWERS;
   52    (I)  THOSE WHICH IMPLEMENT PROVISIONS OF THE CONSTITUTION OF THE STATE
   53  OF NEW YORK;
   54    (J) THOSE WHICH ARE ENACTED AFTER A PUBLIC HEARING, HELD AFTER  PUBLIC
   55  NOTICE  THAT  UNFUNDED  MANDATES  WILL BE CONSIDERED, FOR WHICH A FISCAL
   56  ANALYSIS IS AVAILABLE AT THE TIME OF THE PUBLIC HEARING  AND  WHICH,  IN
       A. 5789                             3
    1  ADDITION  TO  COMPLYING  WITH  ALL OTHER REQUIREMENTS WITH REGARD TO THE
    2  ENACTMENT OF A LAW, ARE PASSED BY A THREE-FIFTHS VOTE OF BOTH THE SENATE
    3  AND ASSEMBLY; AND
    4    (K)  THOSE  WHICH ARE THE RESULT OF THE PASSAGE OF A HOME RULE MESSAGE
    5  WHEREBY A LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT  THE  PROGRAM
    6  OR  SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
    7  UPON THAT LOCAL GOVERNMENT WHICH REQUESTS THE AUTHORITY  TO  IMPOSE  THE
    8  PROGRAM OR SERVICE.
    9    S  3. This act shall take effect on the first of January next succeed-
   10  ing the date on which it shall have become a law.