S T A T E O F N E W Y O R K
________________________________________________________________________
3277
2013-2014 Regular Sessions
I N A S S E M B L Y
January 24, 2013
___________
Introduced by M. of A. RABBITT, RAIA, FINCH -- Multi-Sponsored by -- M.
of A. CROUCH, GOODELL, TENNEY -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the legislative law, in relation to requiring the comp-
troller to approve certain bills prior to being submitted for legisla-
tive vote
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 52 of the legislative law, as added by chapter 23
of the laws of 1990, is amended to read as follows:
S 52. Requirements with respect to bills affecting tax expenditures
AND STATE RECEIPTS. 1. For purposes of this section[,]: (A) the terms
"tax expenditures" and "cost of tax expenditure" shall have the same
meanings that they have in section one hundred eighty-one of the execu-
tive law;
(B) THE TERM "STATE RECEIPTS" SHALL MEAN ANY TAX, CHARGE OR FEE THAT
MAY BE ASSIGNED TO A PERSON BY THE STATE OF NEW YORK.
2. Tax expenditure impact statement. In addition to any other fiscal
note required, a bill that enacts or amends any tax expenditures shall
be accompanied by an impact statement consisting of a fiscal note sepa-
rately stating the estimated cost of the tax expenditures in the bill
(a) for the first year it is to be in effect and (b) for the next
succeeding year, as well as a statement of the public purpose to be
served by such tax expenditures, unless the legislature affirmatively
sets forth that no such public purpose statement is required.
3. COMPTROLLER IMPACT STATEMENT. IN ADDITION TO ANY OTHER FISCAL NOTE
REQUIRED, A BILL THAT ENACTS OR AMENDS ANY STATE RECEIPTS SHALL BE
SUBMITTED TO THE COMPTROLLER WHOSE DUTY IT SHALL BE, WITHIN TWENTY DAYS
OF RECEIPT OF SUCH INFORMATION, TO RENDER A DECISION IN THE FORM OF A
COMPTROLLER IMPACT STATEMENT WHICH DENIES OR APPROVES PRESENTING SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05081-01-3
A. 3277 2
BILL TO THE LEGISLATURE. UPON RECEIPT OF SUCH COMPTROLLER IMPACT STATE-
MENT, THE LEGISLATURE SHALL VOTE TO DENY OR APPROVE SUCH BILL.
4. Hearings. Hearings held by the legislature pursuant to article
seven of the constitution shall include sufficient time for discussion
and review of tax expenditures.
[4.] 5. Joint report. The chairmen of the fiscal committees shall
issue a joint report on the governor's annual tax expenditure report.
Such joint report shall include: a summary of the legislature's action
on any recommendations by the governor to continue, modify or repeal any
tax expenditures; a summary of any legislative initiative to continue,
modify or repeal any tax expenditures; and any revisions in the esti-
mated costs of any tax expenditures included in the tax expenditure
report submitted pursuant to section one hundred eighty-one of the exec-
utive law.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.