NY State Senate Bill 2009-S3829

Senate Bill S3829

2009-2010 Legislative Session

Requires legislative fiscal impact notes to include objective calculations of anticipated economic impacts for next three years on state or subdivisions; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to investigations and government operations
Apr 02, 2009	referred to investigations and government operations

2009-S3829 (ACTIVE) - Details

See Assembly Version of this Bill:: A5984
Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Rpld & add §51, Leg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3456, A6824
2013-2014: S1968, A3480
2015-2016: S2272, A4390
2017-2018: S2324, A4392
2019-2020: S4732, A6523
2021-2022: S3816, A8621
2023-2024: S1928

2009-S3829 (ACTIVE) - Summary

Requires legislative fiscal impact notes to include objective calculations of anticipated economic impacts for next three years on state or political subdivisions.

2009-S3829 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3829

 TITLE OF BILL :
An act to amend the legislative law, in relation to fiscal impact
notes on bills and to repeal certain provisions of such law relating
thereto


 PURPOSE :
To expand disclosure requirements for fiscal impact notes attached to
proposed legislation.

 SUMMARY OF PROVISIONS :
Repeals sections 51 of the legislative law and inserts a new section
51 to require the standing committees of the senate and assembly,
prior to reporting a bill, to append to such bill a fiscal impact note
describing anticipated economic impacts of such bill to the state and
any political subdivision for the three fiscal years following
enactment of such legislation.

 JUSTIFICATION :
This Legislature considers many thousands of bills each session, many
of which entail direct or indirect fiscal impacts on political
subdivisions of the state. The legislative law requires sponsors of
bills to describe their fiscal impacts in sponsors' memoranda. These
brief statements often fail to identify the anticipated economic

impacts of legislative proposals. As a result, members vote on bills
about which they may have only partial information, causing state and
local finances to be managed in an uncertain manner.  The state of
California, operating in a political and economic environment similar
to that of New York, requires most legislative proposals to undergo
objective analyses of expected fiscal impacts for each of three fiscal
years following implementation. The California Assembly and Senate
attach to all legislation explicit fiscal memoranda prepared by the
fiscal committees of the respective legislative houses and distributed
to committees and lawmakers when bills come before them. This bill is
based on regulations in California and other states governing
disclosure of fiscal impacts.  Under this chapter, the standing
committee to which a bill is referred must, prior to reporting such
bill, prepare an objective fiscal statement detailing the economic
impact of the bill on the state, county or local governments, school
districts or any other political entities which the bill may affect.
This statement, prepared with the advice of the appropriate fiscal
committee of that house, will be attached to the bill when reported by
the standing committee, and will remain a apart of the bill throughout
the legislative process. This will help lawmakers make fully
considered decisions on managing the legislative and economic affairs
of the state. This bill does NOT require cost-benefit analysis, nor
govern regulations promulgated by state agencies. Rather, this bill
simply requires a frank description of the economic impacts of bills
to be given to lawmakers to help them balance social and economic
priorities. Lawmakers should know what expense or savings will result
from enacting, legislation put before them. Expanding fiscal note
analysis and disclosure accomplishes this important precursor to sound
fiscal management.

 LEGISLATIVE HISTORY :
S.7422 Investigations Committee/A.2541 Ways and Means Committee.

 FISCAL IMPLICATIONS :
Potential savings to the state and its political subdivisions through
more complete disclosure of proposed expenditure prior to adopting
bills with fiscal impacts.

 EFFECTIVE DATE :
First of January next succeeding the date the bill becomes a law.

2009-S3829 (ACTIVE) - Bill Text download pdf

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

                                  3829

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the legislative law, in relation to fiscal impact  notes
  on bills and to repeal certain provisions of such law relating thereto

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

  Section 1. Section 51 of the legislative law is  REPEALED  and  a  new
section 51 is added to read as follows:
  S  51.  FISCAL  IMPACT NOTES ON BILLS AFFECTING THE STATE OR POLITICAL
SUBDIVISIONS. 1. AS USED IN THIS SECTION:
  (A) THE TERM "POLITICAL SUBDIVISION" MEANS  ANY  COUNTY,  CITY,  TOWN,
VILLAGE,  SPECIAL DISTRICT OR SCHOOL DISTRICT, OR ANY AGENCY, AUTHORITY,
COMMISSION, DEPARTMENT OR INSTRUMENTALITY THEREOF.
  (B) THE TERM "QUALIFYING BILL" MEANS ANY BILL OR AMENDMENT TO  A  BILL
FILED  ON  OR AFTER THE EFFECTIVE DATE OF THIS SECTION WHICH ESTABLISHES
OR ELIMINATES A STATE PROGRAM, SIGNIFICANTLY CHANGES  SERVICES  REQUIRED
TO  BE  PROVIDED  BY SUCH PROGRAM, OR RESULTS IN A CHANGE IN REVENUES OR
EXPENSES OF THE STATE OR ANY POLITICAL SUBDIVISION.
  2. BEFORE DISCHARGING QUALIFYING BILLS FROM CONSIDERATION, THE  SENATE
FINANCE COMMITTEE OR THE ASSEMBLY WAYS AND MEANS COMMITTEE SHALL PREPARE
FOR EACH SUCH BILL A FISCAL IMPACT STATEMENT CLEARLY DETAILING THE ESTI-
MATED  COST  OR  SAVINGS ENTAILED BY SUCH BILL TO THE STATE AND AFFECTED
POLITICAL SUBDIVISION FOR THE THREE FISCAL YEARS FOLLOWING  ADOPTION  OF
SUCH BILL. SUCH FISCAL IMPACT STATEMENT SHALL ALSO PROVIDE THE SOURCE OR
SOURCES OF SUCH ESTIMATES.
  3.  A  FISCAL  IMPACT  STATEMENT  REQUIRED  TO  BE PREPARED UNDER THIS
SECTION SHALL BE MADE AND SHALL REMAIN A PART OF THE BILL IT  DESCRIBES,
AND  SHALL  BE  AFFIXED  TO THE BILL BEFORE IT IS LAID UPON THE MEMBERS'
DESKS FOR CONSIDERATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01652-01-9

S. 3829                             2

  4.  IN DETERMINING THE FISCAL IMPACTS OF A BILL,  THE  SENATE  FINANCE
COMMITTEE  AND  ASSEMBLY  WAYS  AND  MEANS COMMITTEE SHALL ESTIMATE SUCH
IMPACTS ON THE BASIS OF ANY OR ALL OF THE FOLLOWING:
  (A) INDIVIDUAL POLITICAL SUBDIVISIONS;
  (B)  AGGREGATES  OF  POLITICAL  SUBDIVISIONS  EITHER STATEWIDE OR BY A
LESSER GEOGRAPHIC AREA;
  (C) REPRESENTATIVE POLITICAL  SUBDIVISIONS  WITH  RELEVANT  CHARACTER-
ISTICS  SUCH AS POPULATION, AREA, AVERAGE INCOME, WEIGHTED AVERAGE DAILY
ATTENDANCE OF PUPILS, OR ANY OTHER RELEVANT CHARACTERISTICS  APPROPRIATE
TO THE ESTIMATE; OR
  (D)  ANY OTHER APPROPRIATE, CONVENIENT OR ACCESSIBLE GROUPING OF CHAR-
ACTERISTICS OR POLITICAL SUBDIVISIONS.
  5. ESTIMATED OR ACTUAL FISCAL IMPACTS  DISCLOSED  UNDER  THIS  SECTION
SHALL  BE REPORTED IN UNITS OF MONEY, SERVICES, PERSONNEL, EQUIPMENT, OR
ANY OTHER APPROPRIATE, CONVENIENT OR ACCESSIBLE UNIT OR UNITS  OF  MEAS-
UREMENT.
  6. IF THE ESTIMATES CONTAINED IN A FISCAL IMPACT STATEMENT ARE INACCU-
RATE,  SUCH  INACCURACIES  SHALL  NOT  AFFECT, IMPAIR OR INVALIDATE SUCH
BILL.
  7. FISCAL IMPACT STATEMENTS SHALL  NOT  BE  REQUIRED  FOR  BILLS:  (A)
SUBJECT  TO  THE  PROVISIONS  OF  SECTION  FIFTY OF THIS ARTICLE, OR (B)
ACCOMPANIED BY SPECIAL HOME RULE REQUESTS  SUBMITTED  BY  EACH  AFFECTED
POLITICAL SUBDIVISION, OR (C) WHICH PROVIDE ONLY DISCRETIONARY AUTHORITY
TO  POLITICAL SUBDIVISIONS, OR (D) SUBMITTED PURSUANT TO SECTION TWENTY-
FOUR OF THE STATE FINANCE LAW.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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