S T A T E   O F   N E W   Y O R K
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                                  5984

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M.  of A. GALEF, MAGEE, FIELDS, CALHOUN, WALKER, GIGLIO,
  ALFANO, CORWIN, KOLB -- Multi-Sponsored by -- M. of A. BARCLAY, BARRA,
  BURLING, BUTLER, CONTE,  CROUCH,  ERRIGO,  HAWLEY,  MILLER,  MOLINARO,
  RAIA,  REILICH,  SAYWARD, SCOZZAFAVA, TEDISCO, THIELE -- read once and
  referred to the Committee on Governmental 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 Section 51 of the legislative law is  REPEALED  and  a  new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,

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

              

A. 5984                             2

AND  SHALL  BE  AFFIXED  TO THE BILL BEFORE IT IS LAID UPON THE MEMBERS'
DESKS FOR CONSIDERATION.
  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.