senate Bill S1968

2013-2014 Legislative Session

Requires legislative fiscal impact notes to include objective calculations of anticipated economic impacts for next three years on state or subdivisions; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jan 09, 2013 referred to investigations and government operations

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S1968 - Bill Details

See Assembly Version of this Bill:
A3480
Current Committee:
Law Section:
Legislative Law
Laws Affected:
Rpld & add ยง51, Leg L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3456, A6824
2009-2010: S3829, A5984

S1968 - Bill Texts

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Requires legislative fiscal impact notes to include objective calculations of anticipated economic impacts for next three years on state or political subdivisions.

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BILL NUMBER:S1968

TITLE OF BILL: An act to amend the legislative law, in relation to
fiscal impact notes on bills and to repeal certain provisions of such
law relating thereto

PURPOSE: To expand disclosure requirements for fiscal impact notes
attached to proposed legislation.

SUMMARY OF PROVISIONS: Repeals sections 51 of the legislative law and
inserts a new section 51 to require the standing committees of the
senate and assembly, prior to reporting a bill, to append to such bill a
fiscal impact note describing anticipated economic impacts of such bill
to the state and any political subdivision for the three fiscal years
following enactment of such legislation.

JUSTIFICATION: This Legislature considers many thousands of bills each
session, many of which entail direct or indirect fiscal impacts on poli-
tical subdivisions of the state. The legislative law requires sponsors
of bills to describe their fiscal impacts in sponsors' memoranda. These
brief statements often fail to identify the anticipated economic impacts
of legislative proposals. As a result, members vote on bills about which
they may have only partial information, causing state and local finances
to be managed in an uncertain mariner.

The state of California, operating in a political and economic environ-
ment similar to that of New York, requires most legislative proposals to
undergo objective analyses of expected fiscal impacts for each of three
fiscal years following implementation. The California Assembly and
Senate attach to all legislation explicit fiscal memoranda prepared by
the fiscal committees of the respective legislative houses and distrib-
uted to committees and lawmakers when bills come before them. This bill
is based on regulations in California and other states governing disclo-
sure of fiscal impacts.

Under this chapter, the standing committee to which a bill is referred
must, prior to reporting such bill, prepare an objective fiscal state-
ment detailing the economic impact of the bill on the state, county or
local governments, school districts or any other political entities
which the bill may affect. This statement, prepared with the advice of
the appropriate fiscal committee of that house, will be attached to the
bill when reported by the standing committee, and will remain a apart of
the bill throughout the legislative process. This will help lawmakers
make fully considered decisions on managing the legislative and economic
affairs of the state.

This bill does NOT require cost-benefit analysis, nor govern regulations
promulgated by state agencies. Rather, this bill simply requires a frank
description of the economic impacts of bills to be given to lawmakers to
help them balance social and economic priorities. Lawmakers should know
what expense or savings will result from enacting legislation put before

them. Expanding fiscal note analysis and disclosure accomplishes this
important precursor to sound fiscal management.

LEGISLATIVE HISTORY: 2011-12 S. 3456 - Investigations & Gov. Operations
Committee/A. 6824 - Gov. Operations Committee.

FISCAL IMPLICATIONS: Potential savings to the state and its political
subdivisions through more complete disclosure of proposed expenditure
prior to adopting bills with fiscal impacts.

EFFECTIVE DATE: First of January next succeeding the date the bill
becomes a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1968

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GRIFFO,  DeFRANCISCO,  LARKIN  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Investigations and Government Operations

AN  ACT to amend the legislative law, in relation to fiscal impact notes
  on bills and to repeal certain provisions of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  51  of the legislative law is REPEALED and a new
section 51 is added to read as follows:
  S 51. FISCAL IMPACT NOTES ON BILLS AFFECTING THE  STATE  OR  POLITICAL
SUBDIVISIONS. 1. AS USED IN THIS SECTION:
  (A)  THE  TERM  "POLITICAL  SUBDIVISION" MEANS ANY COUNTY, CITY, TOWN,
VILLAGE, SPECIAL DISTRICT OR SCHOOL DISTRICT, OR ANY AGENCY,  AUTHORITY,
COMMISSION, DEPARTMENT OR INSTRUMENTALITY THEREOF.
  (B)  THE  TERM "QUALIFYING BILL" MEANS ANY BILL OR AMENDMENT TO A BILL
FILED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION  WHICH  ESTABLISHES
OR  ELIMINATES  A STATE PROGRAM, SIGNIFICANTLY CHANGES SERVICES REQUIRED
TO BE PROVIDED BY SUCH PROGRAM, OR RESULTS IN A CHANGE  IN  REVENUES  OR
EXPENSES OF THE STATE OR ANY POLITICAL SUBDIVISION.
  2.  BEFORE DISCHARGING QUALIFYING BILLS FROM CONSIDERATION, THE SENATE
FINANCE COMMITTEE OR THE ASSEMBLY WAYS AND MEANS COMMITTEE SHALL PREPARE
FOR EACH SUCH BILL A FISCAL IMPACT STATEMENT CLEARLY DETAILING THE ESTI-
MATED COST OR SAVINGS ENTAILED BY SUCH BILL TO THE  STATE  AND  AFFECTED
POLITICAL  SUBDIVISION  FOR THE THREE FISCAL YEARS FOLLOWING ADOPTION OF
SUCH BILL. SUCH FISCAL IMPACT STATEMENT SHALL ALSO PROVIDE THE SOURCE OR
SOURCES OF SUCH ESTIMATES.
  3. A FISCAL IMPACT  STATEMENT  REQUIRED  TO  BE  PREPARED  UNDER  THIS
SECTION  SHALL BE MADE AND SHALL REMAIN A PART OF THE BILL IT DESCRIBES,
AND SHALL BE AFFIXED TO THE BILL BEFORE IT IS  LAID  UPON  THE  MEMBERS'
DESKS FOR CONSIDERATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04949-01-3

S. 1968                             2

  4.    IN  DETERMINING THE FISCAL IMPACTS OF A BILL, THE SENATE FINANCE
COMMITTEE AND ASSEMBLY WAYS AND  MEANS  COMMITTEE  SHALL  ESTIMATE  SUCH
IMPACTS ON THE BASIS OF ANY OR ALL OF THE FOLLOWING:
  (A) INDIVIDUAL POLITICAL SUBDIVISIONS;
  (B)  AGGREGATES  OF  POLITICAL  SUBDIVISIONS  EITHER STATEWIDE OR BY A
LESSER GEOGRAPHIC AREA;
  (C) REPRESENTATIVE POLITICAL  SUBDIVISIONS  WITH  RELEVANT  CHARACTER-
ISTICS  SUCH AS POPULATION, AREA, AVERAGE INCOME, WEIGHTED AVERAGE DAILY
ATTENDANCE OF PUPILS, OR ANY OTHER RELEVANT CHARACTERISTICS  APPROPRIATE
TO THE ESTIMATE; OR
  (D)  ANY OTHER APPROPRIATE, CONVENIENT OR ACCESSIBLE GROUPING OF CHAR-
ACTERISTICS OR POLITICAL SUBDIVISIONS.
  5. ESTIMATED OR ACTUAL FISCAL IMPACTS  DISCLOSED  UNDER  THIS  SECTION
SHALL  BE REPORTED IN UNITS OF MONEY, SERVICES, PERSONNEL, EQUIPMENT, OR
ANY OTHER APPROPRIATE, CONVENIENT OR ACCESSIBLE UNIT OR UNITS  OF  MEAS-
UREMENT.
  6. IF THE ESTIMATES CONTAINED IN A FISCAL IMPACT STATEMENT ARE INACCU-
RATE,  SUCH  INACCURACIES  SHALL  NOT  AFFECT, IMPAIR OR INVALIDATE SUCH
BILL.
  7. FISCAL IMPACT STATEMENTS SHALL  NOT  BE  REQUIRED  FOR  BILLS:  (A)
SUBJECT  TO  THE  PROVISIONS  OF  SECTION  FIFTY OF THIS ARTICLE, OR (B)
ACCOMPANIED BY SPECIAL HOME RULE REQUESTS  SUBMITTED  BY  EACH  AFFECTED
POLITICAL SUBDIVISION, OR (C) WHICH PROVIDE ONLY DISCRETIONARY AUTHORITY
TO  POLITICAL SUBDIVISIONS, OR (D) SUBMITTED PURSUANT TO SECTION TWENTY-
FOUR OF THE STATE FINANCE LAW.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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