CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to the permanent Joint Rules of the Senate and Assembly, in relation to
fiscal impact notes

RESOLVED, (If the &HOUSE concur), That Joint Rule I of the Permanent
Joint Rules of the Senate and Assembly is amended to read as follows:

JOINT RULE I

Section 1. Requirement of Fiscal Impact Notes. Fiscal impact notes
shall be required for all bills and amendments, other than those
excepted as provided in section four hereof, which would substantially
affect the revenues or expenses, or both, of any county, city, town,
village, school district or special district (hereinafter referred to as
"political subdivisions"). For purposes of this Joint Rule and section
51 of the Legislative Law, the term "special district" shall mean a
district possessing the power to contract indebtedness and levy or
require the levy of taxes or benefit assessments upon real property.
º 2. Sufficiency and Contents of Fiscal Impact Notes. Fiscal impact
notes shall be deemed sufficient for purposes of this Joint Rule if
prepared in conformity with this section.
A. Scope of fiscal estimates. Fiscal impact upon political subdivi-
sions shall be estimated on the basis of any one or more of the follow-
ing:
(i) Individual political subdivisions; or
(ii) Aggregates of political subdivisions (a) statewide or by lesser
geographic area, or (b) by classification or subclassification of rele-
vant characteristics; or
(iii) Representative political subdivisions with relevant character-
istics thereof quantitatively set forth, e.g., population, area, weight-
ed average daily attendance of pupils; or
(iv) Any other appropriate, convenient or accessible grouping of poli-
tical subdivisions.
B. Units of measurement. Fiscal impact measurements shall be made in
units of money, personal services, equipment, or any other appropriate,
convenient or accessible units of measurement.
C. Negligible Impact. A fiscal impact note filed by the sponsor of a
bill which states that the fiscal impact of the bill is negligible shall
be deemed to be in compliance with this Joint Rule.
º 3. Procedure. A. (i) The Temporary President of the Senate and the
Speaker of the Assembly shall each designate a person in such officer's
respective house to examine each bill in such house, without regard to
its house of origin, for the purpose of ascertaining whether a fiscal
impact note is required pursuant to this Joint Rule, and if such note is
required, such person shall so notify the sponsor of such bill.
(ii) The sponsor of such bill shall provide such fiscal impact note on
a separate form prescribed therefor by the Temporary President of the
Senate and the Speaker of the Assembly jointly.
(iii) Such fiscal impact note shall state the source thereof, which
may be the sponsor; provided, however, that in the case of a bill
proposed by a state department or agency, such note shall be prepared
and furnished by such department or agency. IF AN OUTSIDE ACTUARY IS
UTILIZED, SUCH FISCAL IMPACT NOTES SHALL BE PREPARED BY ACTUARIES WHO
SHALL ATTEST TO NO CONFLICT OF INTEREST.
(iv) Such designated person in each house shall thereupon review each
fiscal impact note for compliance with the provisions of this Joint
Rule.

B. No bill requiring a fiscal impact note shall be reported to the
floor of the house unless accompanied by the appropriate note for the
version of such bill so reported, except as provided in section four
hereof.
C. If an amendment to a bill has a fiscal impact, the member offering
such amendment shall provide the fiscal impact note required by such
amendment. If such amendment prevails, the sponsor shall provide a
fiscal impact note for the amended bill before final passage, unless
excepted pursuant to subdivision F of section four hereof.
º 4. Exceptions. A fiscal impact note shall not be required for a
bill:
A. subject to the provisions of section 50 of the Legislative Law;
B. requested by a county, city, town or village in accordance with the
provisions of paragraph two of subdivision (b) of section two of Article
IX of the Constitution;
C. which provides discretionary authority to a political subdivision;
D. submitted pursuant to section 24 of the State Finance Law;
E. reported to the floor of the House by the Rules Committee, if such
committee, in its discretion, determines that such action is in the
public interest;
F. which has been amended on the floor of either house, where a fiscal
impact note would otherwise have been required for such amended bill by
this Joint Rule and section 51 of the Legislative Law, if the Temporary
President of the Senate or the Speaker of the Assembly, respectively, in
such officer's discretion, determines that the amended bill may be acted
on in such officer's house without such note; or
G. which inadvertently passes the Legislature where a fiscal impact
note would otherwise have been required by this Joint Rule and section
51 of the Legislative Law.
º 5. Effect of Inaccuracy. If the estimate or estimates contained in a
fiscal impact note are inaccurate, such inaccuracy shall not affect,
impair or invalidate such bill.
º 6. Application. The provisions of this Joint Rule shall apply to
bills and amendments proposed for introduction at the nineteen hundred
eighty-five regular legislative session and permanently thereafter.