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

                                  10450

                          I N  A S S E M B L Y

                              May 27, 2016
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the state administrative procedure act and the  legisla-
  tive  law,  in relation to requiring legislative committee approval of
  certain proposed rules; and to amend the state  administrative  proce-
  dure  act  and  the  executive  law,  in  relation  to fiscal notes on
  proposed rules and executive orders affecting political subdivisions

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "regulatory fiscal accountability act of 2016".
  S 2. The state administrative procedure act is amended by  adding  two
new sections 201-b and 202-f to read as follows:
  S  201-B. FISCAL NOTES ON PROPOSED RULES.  1. FOR THE PURPOSES OF THIS
SECTION, THE TERM "POLITICAL SUBDIVISION" MEANS ANY COUNTY, CITY,  TOWN,
VILLAGE, SPECIAL DISTRICT OR SCHOOL DISTRICT.
  2.  EACH  AGENCY  PROPOSING  A  RULE  SHALL  ATTACH A FISCAL NOTE TO A
PROPOSED RULE WHICH WOULD AFFECT THE REVENUES OR EXPENSES, OR  BOTH,  OF
ANY  POLITICAL  SUBDIVISION.  SUCH FISCAL NOTES SHALL FULLY DISCLOSE THE
COSTS AND SOURCE OF FUNDING OF EVERY  PROVISION  OF  THE  PROPOSED  RULE
WHICH WOULD AFFECT THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
  3.  FISCAL  NOTES  SHALL  NOT, HOWEVER, BE REQUIRED FOR PROPOSED RULES
WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL SUBDIVISIONS.
  S 202-F. LEGISLATIVE APPROVAL.  IN ADDITION TO THE PROCEDURE  REQUIRED
PURSUANT  TO  SECTION  TWO  HUNDRED TWO OF THIS ARTICLE AND PRIOR TO THE
SUBMISSION OF A NOTICE OF PROPOSED RULEMAKING TO THE SECRETARY OF  STATE
FOR  PUBLICATION  IN  THE  STATE  REGISTER,  AN  AGENCY SHALL SUBMIT ANY
PROPOSED RULE WITH A FISCAL IMPACT IN EXCESS  OF  TEN  MILLION  DOLLARS,
INTENDED  TO IMPLEMENT LEGISLATION, TO THE APPROPRIATE COMMITTEES IN THE
SENATE AND ASSEMBLY HAVING JURISDICTION OF THE SUBJECT MATTER FOR  THEIR
APPROVAL.  NO SUCH RULE SHALL TAKE EFFECT UNLESS IT HAS BEEN APPROVED BY
A TWO-THIRDS MAJORITY VOTE OF EACH COMMITTEE WITH JURISDICTION TO  WHICH
IT HAS BEEN REFERRED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15390-02-6
              

A. 10450                            2

  S 3. The legislative law is amended by adding a new section 68 to read
as follows:
  S  68. APPROVAL OF LEGISLATIVE COMMITTEES. 1. STATE AGENCIES INTENDING
TO PROMULGATE ANY RULE WITH A FISCAL IMPACT IN  EXCESS  OF  TEN  MILLION
DOLLARS  MUST SUBMIT SUCH A PROPOSED RULE TO THE CHAIR OF EACH APPROPRI-
ATE COMMITTEE IN THE SENATE AND ASSEMBLY FOR CONSIDERATION AND  APPROVAL
OF THE PROPOSED RULE.
  2.  THE  APPROPRIATE  COMMITTEES IN THE SENATE AND ASSEMBLY SHALL HAVE
JURISDICTION TO CONSIDER AND APPROVE A PROPOSED RULE, IF THAT  COMMITTEE
APPROVED  THE  BILL  THAT PROVIDES THE STATUTORY AUTHORITY FOR WHICH THE
PROPOSED RULE IS INTENDED TO IMPLEMENT.
  3. THE APPROPRIATE COMMITTEES IN THE SENATE AND ASSEMBLE  WITH  JURIS-
DICTION  TO  CONSIDER AND APPROVE A RULE MUST CONSIDER THE PROPOSED RULE
DURING THE FIRST  SCHEDULED  COMMITTEE  MEETING,  IMMEDIATELY  FOLLOWING
RECEIPT OF THE PROPOSED RULE BY THE COMMITTEE CHAIR.
  4.  ALL MEMBERS OF THE APPROPRIATE COMMITTEES IN THE SENATE AND ASSEM-
BLY SHALL BE PROVIDED A COPY OF THE PROPOSED RULE AND BE ALLOWED  SUFFI-
CIENT  TIME  TO  DEBATE  THE  MERITS OF THE PROPOSED RULE, INCLUDING THE
FISCAL IMPACT OF THE PROPOSAL AND THE NEED TO  PROMULGATE  THE  PROPOSED
RULE IN ORDER TO IMPLEMENT THE LAW AS INTENDED.
  5. AFTER THE PROPOSED RULE HAS BEEN DEBATED AND PRIOR TO CONCLUSION OF
THE  COMMITTEE MEETING, ALL MEMBERS OF THE COMMITTEE MUST VOTE TO EITHER
APPROVE OR REJECT THE PROPOSED RULE.
  6. THE CHAIR OF THE APPROPRIATE COMMITTEE SHALL PROVIDE THE RESULTS OF
THE COMMITTEE VOTE TO THE STATE AGENCY THAT PROVIDED THE PROPOSED RULE.
  7. A VOTE TO APPROVE A PROPOSED RULE BY NO LESS THAN TWO-THIRDS OF ALL
COMMITTEE MEMBERS, BY EVERY COMMITTEE WITH JURISDICTION TO CONSIDER  AND
APPROVE THE PROPOSED RULE, SHALL BE REQUIRED BEFORE THE STATE AGENCY CAN
PROCEED  TO  PROPOSE THE RULE PURSUANT TO SECTION TWO HUNDRED TWO OF THE
STATE ADMINISTRATIVE PROCEDURE ACT.
  S 4. The executive law is amended by adding a new section 13  to  read
as follows:
  S  13.  FISCAL  NOTES ON EXECUTIVE ORDERS AFFECTING POLITICAL SUBDIVI-
SIONS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "POLITICAL SUBDIVI-
SION" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, SPECIAL DISTRICT OR  SCHOOL
DISTRICT.
  2.  THE  GOVERNOR  SHALL ATTACH A FISCAL NOTE TO EVERY EXECUTIVE ORDER
WHICH WOULD AFFECT THE REVENUES OR EXPENSES, OR BOTH, OF  ANY  POLITICAL
SUBDIVISION. SUCH FISCAL NOTES SHALL FULLY DISCLOSE THE COSTS AND SOURCE
OF  FUNDING OF EVERY PROVISION OF THE EXECUTIVE ORDER WHICH WOULD AFFECT
THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
  3. FISCAL NOTES SHALL NOT, HOWEVER, BE REQUIRED FOR  EXECUTIVE  ORDERS
WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL SUBDIVISIONS.
  S 5. This act shall take effect on January 1, 2017.