S T A T E   O F   N E W   Y O R K
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                                  6824

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2011
                               ___________

Introduced  by  M.  of A. GALEF, MAGEE, CALHOUN, GIGLIO, CORWIN, KOLB --
  Multi-Sponsored by --  M.  of  A.  BARCLAY,  BURLING,  BUTLER,  CONTE,
  CROUCH,  HAWLEY, J. MILLER, MOLINARO, RAIA, REILICH, SAYWARD, 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  Section  51  of the legislative law is REPEALED and a new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.
                                                           LBD05960-01-1

              

A. 6824                             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.