Bill Text: NY S00109 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires the inclusion of certain information in fiscal notes in retirement bills and on bills affecting political subdivisions; provides that fiscal note measurements shall be made in units of money, personal services, equipment, or any appropriate, convenient or accessible units and measurement.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00109 Detail]

Download: New_York-2023-S00109-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           109

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by Sens. KRUEGER, LIU -- 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 requiring the inclu-
          sion of certain information in fiscal notes in retirement bills and on
          bills affecting political subdivisions

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 50 of the legislative law, as added by chapter  503
     2  of the laws of 1971, is amended to read as follows:
     3    § 50. Fiscal  note  in retirement bills. A bill which enacts or amends
     4  any provision of law relating to a retirement  system  or  plan  of  the
     5  state  of New York or of any of its political subdivisions shall contain
     6  a fiscal note stating the estimated annual cost to the employer affected
     7  and the source of such estimate, and a statement identifying  the  indi-
     8  vidual  or entity that provided compensation to the source of such esti-
     9  mate, if any.
    10    § 2. Section 51 of the legislative law, as added by chapter 985 of the
    11  laws of 1983, is amended to read as follows:
    12    § 51. Fiscal impact notes on bills affecting  political  subdivisions.
    13  1.  For  the  purpose  of this section, the term "political subdivision"
    14  means any county, city, town, village, hamlet,  special  district  [or],
    15  school  district,  college,  university or any state agency, department,
    16  office, commission, bureau or public authority. As used in this section,
    17  special district shall mean a district possessing the power to  contract
    18  indebtedness  and  levy or require the taxes or benefit assessments upon
    19  real property.
    20    2. [The legislature shall by concurrent resolution of the  senate  and
    21  assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
    22  rate form, bills and amendments to bills, except as otherwise prescribed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01075-01-3
        S. 109                              2

     1  by  such  rules,]  Prior to discharging a bill which would substantially
     2  affect the revenues or expenses, or both, by at least two hundred  fifty
     3  thousand dollars, of any political subdivision, all standing legislative
     4  committees  shall  prepare a fiscal note for each such bill. Such fiscal
     5  note shall be included in such bill and detail the following:
     6    (a) an estimated cost or savings to the state and  affected  political
     7  subdivision for the five  years following adoption of such bill; and
     8    (b)  the  source  of  the  estimate described in paragraph (a) of this
     9  subdivision and a statement identifying any individual  or  entity  that
    10  provided compensation to the source of such estimate, if any.
    11    3.  The  fiscal  impacts described in such fiscal notes shall be esti-
    12  mated on a basis of any one or more of the following:
    13    (a) individual political subdivisions; or
    14    (b) aggregates of political subdivisions (i) statewide  or  by  lesser
    15  geographic area, or (ii) by classification or subclassification or rele-
    16  vant characteristics; or
    17    (c)  representative  political  subdivisions  with relevant character-
    18  istics thereof quantitatively set forth e.g. population,  area,  weighed
    19  average daily attendance of pupils.
    20    4.  Fiscal note measurements shall be made in units of money, personal
    21  services, equipment, or any other appropriate, convenient or  accessible
    22  units of measurement.
    23    5.  The  sponsor  of  such  bill or the chair or ranking member of any
    24  standing legislative committee are authorized  to  prepare  such  fiscal
    25  note  in collaboration with the division of the budget or the department
    26  or agency of state government charged with the fiscal duties,  functions
    27  or powers provided in such bill.
    28    Officers  of  executive  branch  entities  shall  process requests for
    29  assistance in preparing fiscal notes on a first-come, first-serve basis,
    30  except priority shall be given to processing requests for assistance  in
    31  preparing  fiscal notes from the chairs or ranking members of the senate
    32  finance committee or assembly ways and means committee.
    33    [3.] 6. Fiscal notes shall not, however, be required  for  bills:  (a)
    34  subject to the provisions of section fifty of this [chapter] article, or
    35  (b)  accompanied  by  special  home rule requests submitted by political
    36  subdivisions, or (c) which provide discretionary authority to  political
    37  subdivisions,  or  (d)  submitted pursuant to section twenty-four of the
    38  state finance law.
    39    [4.] 7. If the estimate or estimates contained in a  fiscal  note  are
    40  inaccurate,  such  inaccuracies  shall  not affect, impair or invalidate
    41  such bill.
    42    § 3. This act shall take effect on the ninetieth day  after  it  shall
    43  have become a law.