S T A T E   O F   N E W   Y O R K
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                                  304--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment  and  Small  Business  --  committee  discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 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 2018".
   § 2. The state administrative procedure act is amended by  adding  two
 new sections 201-b and 202-f to read as follows:
   §  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.
   § 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02320-02-7

 S. 304--A                           2
 
 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.
   § 3. The legislative law is amended by adding a new section 68 to read
 as follows:
   § 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.
   §  4.  The executive law is amended by adding a new section 13 to read
 as follows:
   § 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.
   § 5. This act shall take effect on January 1, 2019.