Bill Text: NY A05749 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts the "regulatory fiscal accountability act of 2023"; requires every proposed rule, authorized by law and having a fiscal impact in excess of ten million dollars, to be approved by a two-thirds vote of each of the appropriate legislative committees; requires proposed rules and executive orders affecting political subdivisions to include fiscal notes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-03 - referred to governmental operations [A05749 Detail]
Download: New_York-2023-A05749-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5749 2023-2024 Regular Sessions IN ASSEMBLY March 23, 2023 ___________ Introduced by M. of A. SLATER -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state administrative procedure act, the legislative law and the executive law, in relation to requiring legislative committee approval of certain proposed rules and 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "regulatory fiscal accountability act of 2023". 3 § 2. The state administrative procedure act is amended by adding two 4 new sections 201-b and 202-g to read as follows: 5 § 201-b. Fiscal notes on proposed rules. 1. For the purposes of this 6 section, the term "political subdivision" means any county, city, town, 7 village, special district or school district. 8 2. Each agency proposing a rule shall attach a fiscal note to a 9 proposed rule which would affect the revenues or expenses, or both, of 10 any political subdivision. Such fiscal notes shall fully disclose the 11 costs and source of funding of every provision of the proposed rule 12 which would affect the revenue or expenses of any political subdivision. 13 3. Fiscal notes shall not, however, be required for proposed rules 14 which provide discretionary authority to political subdivisions. 15 § 202-g. Legislative approval. In addition to the procedure required 16 pursuant to section two hundred two of this article and prior to the 17 submission of a notice of proposed rulemaking to the secretary of state 18 for publication in the state register, an agency shall submit any 19 proposed rule with a fiscal impact in excess of ten million dollars, 20 intended to implement legislation, to the appropriate committees in the 21 senate and assembly having jurisdiction of the subject matter for their 22 approval. No such rule shall take effect unless it has been approved by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09737-01-3A. 5749 2 1 a two-thirds majority vote of each committee with jurisdiction to which 2 it has been referred. 3 § 3. The legislative law is amended by adding a new section 68 to read 4 as follows: 5 § 68. Approval of legislative committees. 1. State agencies intending 6 to promulgate any rule with a fiscal impact in excess of ten million 7 dollars must submit such a proposed rule to the chair of each appropri- 8 ate committee in the senate and assembly for consideration and approval 9 of the proposed rule. 10 2. The appropriate committees in the senate and assembly shall have 11 jurisdiction to consider and approve a proposed rule, if that committee 12 approved the bill that provides the statutory authority for which the 13 proposed rule is intended to implement. 14 3. The appropriate committees in the senate and assembly with juris- 15 diction to consider and approve a rule must consider the proposed rule 16 during the first scheduled committee meeting, immediately following 17 receipt of the proposed rule by the committee chair. 18 4. All members of the appropriate committees in the senate and assem- 19 bly shall be provided a copy of the proposed rule and be allowed suffi- 20 cient time to debate the merits of the proposed rule, including the 21 fiscal impact of the proposal and the need to promulgate the proposed 22 rule in order to implement the law as intended. 23 5. After the proposed rule has been debated and prior to conclusion of 24 the committee meeting, all members of the committee must vote to either 25 approve or reject the proposed rule. 26 6. The chair of the appropriate committee shall provide the results of 27 the committee vote to the state agency that provided the proposed rule. 28 7. A vote to approve a proposed rule by no less than two-thirds of all 29 committee members, by every committee with jurisdiction to consider and 30 approve the proposed rule, shall be required before the state agency can 31 proceed to propose the rule pursuant to section two hundred two of the 32 state administrative procedure act. 33 § 4. The executive law is amended by adding a new section 13 to read 34 as follows: 35 § 13. Fiscal notes on executive orders affecting political subdivi- 36 sions. 1. For the purposes of this section, the term "political subdivi- 37 sion" means any county, city, town, village, special district or school 38 district. 39 2. The governor shall attach a fiscal note to every executive order 40 which would affect the revenues or expenses, or both, of any political 41 subdivision. Such fiscal notes shall fully disclose the costs and source 42 of funding of every provision of the executive order which would affect 43 the revenue or expenses of any political subdivision. 44 3. Fiscal notes shall not, however, be required for executive orders 45 which provide discretionary authority to political subdivisions. 46 § 5. This act shall take effect on January 1, 2024.
