S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8685
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT to amend the legislative law, in relation to creating the legis-
   lative office of fiscal transparency; to amend the  state  administra-
   tive  procedure  act  and  the executive law, in relation to requiring
   fiscal notes on proposed rules and executive  orders  affecting  poli-
   tical  subdivisions;  to  amend  the  legislative  law, in relation to
   requiring legislative committee approval of  certain  proposed  rules;
   and to amend the state finance law, in relation to requiring the comp-
   troller  to  make  monthly reports to the legislative office of fiscal
   transparency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "respect
 taxpayer dollars act".
   § 2. Legislative findings and intent. The  Legislature  declares  that
 state  government has a responsibility to be accountable and transparent
 in such a way that the general public can understand the value  received
 for the tax dollars spent by the state. This act is intended to create a
 review  process  for the executive budget and certain rule making proce-
 dures by state government agencies. Implementing an  independent  fiscal
 review  of the executive budget proposal and rule making procedures that
 have a significant fiscal impact, will promote transparency and account-
 ability to the voters and restore public trust.
   § 3. The legislative law is amended by adding a  new  article  4-B  to
 read as follows:
                                ARTICLE 4-B
                 LEGISLATIVE OFFICE OF FISCAL TRANSPARENCY
 SECTION 73. LEGISLATIVE OFFICE OF FISCAL TRANSPARENCY; ORGANIZATION.
         74. LEGISLATIVE OFFICE OF FISCAL TRANSPARENCY; OVERSIGHT COMMIT-
               TEE.
         75. POWERS OF THE OFFICE.
         76. RECORDS ACCESS.
         77. CERTIFIED AUDIT REQUIREMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13888-01-1
 A. 8685                             2
 
         78. REPORTING AND DISCLOSURES.
   §  73.  LEGISLATIVE  OFFICE  OF  FISCAL TRANSPARENCY; ORGANIZATION. 1.
 THERE IS HEREBY CREATED WITHIN THE LEGISLATURE THE LEGISLATIVE OFFICE OF
 FISCAL TRANSPARENCY (LOFT). THE PURPOSE OF THE OFFICE SHALL BE TO ASSIST
 THE LEGISLATURE IN PERFORMING ITS CONSTITUTIONAL AND STATUTORY  FUNCTION
 OF ENSURING THAT GOVERNMENT FUNDS ARE EXPENDED IN A FISCALLY RESPONSIBLE
 MANNER  BY  REVIEWING AND PROVIDING NON-PARTISAN EXPERTISE IN THE REVIEW
 AND ANALYSIS OF THE EXECUTIVE BUDGET PROPOSAL, FOR THE PURPOSE OF  IDEN-
 TIFYING  PROPOSALS  WITH UNKNOWN FISCAL IMPACTS AND TO SERVE AS A REVIEW
 BODY OF RULEMAKING FISCAL NOTE COMPLIANCE AND ADMINISTRATION.
   2. THE LEGISLATIVE OFFICE OF FISCAL TRANSPARENCY SHALL CONSIST OF  TWO
 DIRECTORS,  ONE OF WHOM SHALL BE THE DIRECTOR FOR ADMINISTRATION AND THE
 OTHER OF WHOM SHALL BE THE DIRECTOR FOR OPERATIONS. THE DIRECTORS  SHALL
 BE  APPOINTED  JOINTLY  BY THE TEMPORARY PRESIDENT OF THE SENATE AND THE
 SPEAKER OF THE ASSEMBLY. PROVIDED, HOWEVER, IF BOTH THE TEMPORARY PRESI-
 DENT OF THE SENATE AND THE SPEAKER  OF  THE  ASSEMBLY  SHALL  HAVE  BEEN
 ELECTED  TO OFFICE ON THE SAME MAJOR PARTY BALLOT LINE, THEN THE RANKING
 MEMBER OF THE DEMOCRAT PARTY IN THE SENATE AND THE RANKING MEMBER OF THE
 DEMOCRAT PARTY IN THE ASSEMBLY SHALL JOINTLY  APPOINT  THE  DIRECTOR  OF
 OPERATIONS  AND THE RANKING MEMBER OF THE REPUBLICAN PARTY IN THE SENATE
 AND THE RANKING MEMBER OF THE REPUBLICAN PARTY  IN  THE  ASSEMBLY  SHALL
 JOINTLY  APPOINT THE DIRECTOR OF ADMINISTRATION. SUCH APPOINTMENTS SHALL
 BE EVIDENCED BY THE JOINT CERTIFICATE OF THE APPOINTING  OFFICERS  FILED
 IN  THE  OFFICE OF THE SECRETARY OF STATE. EACH SUCH DIRECTOR SHALL HOLD
 OFFICE UNTIL HIS OR HER SUCCESSOR IS APPOINTED IN  THE  SAME  MANNER  AS
 HEREINABOVE  PROVIDED.  THE DIRECTORS SHALL RECEIVE SUCH COMPENSATION AS
 MAY BE PROVIDED WITHIN THE AMOUNT OF THE APPROPRIATION MADE BY  LAW  FOR
 THE MAINTENANCE AND OPERATION OF THE OFFICE. THE DIRECTORS AND EMPLOYEES
 OF  THE  OFFICE  SHALL BE CONSIDERED AS EMPLOYEES OF THE LEGISLATURE FOR
 ALL PURPOSES.
   3. ALL EXPENSES OF THE  OFFICE  SHALL  BE  PAID  BY  THE  LEGISLATURE,
 SUBJECT  TO  THE APPROVAL OF THE PRESIDENT PRO TEMPORE OF THE SENATE AND
 THE SPEAKER OF THE ASSEMBLY. EMPLOYEES OF THE OFFICE SHALL  BE  EMPLOYED
 BY THE LEGISLATURE.
   §  74. LEGISLATIVE OFFICE OF FISCAL TRANSPARENCY; OVERSIGHT COMMITTEE.
 1.  THERE IS HEREBY CREATED WITHIN THE LEGISLATURE A COMMITTEE TO  OVER-
 SEE THE OPERATIONS OF THE LEGISLATIVE OFFICE OF FISCAL TRANSPARENCY. THE
 COMMITTEE SHALL CONSIST OF EIGHT MEMBERS, AS FOLLOWS:
   A.  FOUR MEMBERS OF THE SENATE, EACH TO SERVE FOR A TERM OF ONE CALEN-
 DAR YEAR. THE FOUR MEMBERS SHALL  BE  THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE;  THE  CHAIRPERSON  OF THE SENATE FINANCE COMMITTEE; THE MINORITY
 LEADER OF THE SENATE; AND THE RANKING  MINORITY  MEMBER  OF  THE  SENATE
 FINANCE COMMITTEE.
   B.  FOUR  MEMBERS  OF  THE  ASSEMBLY,  EACH TO SERVE FOR A TERM OF ONE
 CALENDAR YEAR. SUCH MEMBERS SHALL BE THE SPEAKER OF  THE  ASSEMBLY;  THE
 CHAIRPERSON  OF THE WAYS AND MEANS COMMITTEE; THE MINORITY LEADER OF THE
 ASSEMBLY; AND THE RANKING MINORITY MEMBER OF THE WAYS AND MEANS  COMMIT-
 TEE.
   2.  THE  PRESIDENT  PRO  TEMPORE  OF THE SENATE AND THE SPEAKER OF THE
 ASSEMBLY SHALL ACT AS CO-CHAIRS OF THE OVERSIGHT COMMITTEE.
   3. A QUORUM OF THE OVERSIGHT COMMITTEE SHALL CONSIST OF AT LEAST  FIVE
 MEMBERS;  PROVIDED,  ANY ACTION BY THE OVERSIGHT COMMITTEE SHALL REQUIRE
 THE VOTE OF AT LEAST THREE MEMBERS FROM AT LEAST ONE HOUSE OF THE LEGIS-
 LATURE. THE AGENDA FOR EACH MEETING SHALL BE SET BY  THE  CO-CHAIRS  AND
 SHALL  BE  MADE  AVAILABLE  TO  THE PUBLIC, BY POSTING ON THE SENATE AND
 ASSEMBLY WEBSITES, AT LEAST TWENTY-FOUR HOURS PRIOR TO THE TIME  OF  THE
 A. 8685                             3
 
 MEETING.  MEETINGS OF THE OVERSIGHT COMMITTEE SHALL BE GOVERNED BY JOINT
 RULES TO BE PROMULGATED BY THE LEGISLATURE.  MEMBERS  OF  THE  OVERSIGHT
 COMMITTEE  SHALL RECEIVE REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES
 INCURRED  IN  CONNECTION  WITH  THEIR DUTIES AS MEMBERS OF THE OVERSIGHT
 COMMITTEE IN ACCORDANCE WITH OTHER PROVISIONS OF LAW RELATING TO  TRAVEL
 REIMBURSEMENT FOR MEMBERS OF THE LEGISLATURE.
   4.  THE  MEMBERS  AND  CO-CHAIRS  OF  THE OVERSIGHT COMMITTEE SHALL BE
 APPOINTED NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-THREE,  AND  THE
 OVERSIGHT  COMMITTEE  SHALL  HOLD ITS FIRST MEETING NO LATER THAN AUGUST
 FIRST, TWO THOUSAND TWENTY-THREE.
   § 75. POWERS OF THE OFFICE. 1. THE LEGISLATIVE OFFICE OF FISCAL TRANS-
 PARENCY SHALL:
   A. RECEIVE, CONCURRENTLY WITH THE SUBMISSION TO THE  LEGISLATURE,  THE
 EXECUTIVE BUDGET PROPOSAL;
   B. ANALYZE AND REPORT ON ALL AGENCY RULE MAKING APPROVED IN THE PREVI-
 OUS  FISCAL  YEAR,  THAT LACKED A SPECIFIC APPROPRIATION, OR WHEREBY THE
 AUTHORIZED RULE MAKING RESULTED IN AN UNIDENTIFIED FISCAL IMPACT, OR ANY
 RULE MAKING THAT RESULTED IN A  FISCAL  IMPACT  EXCEEDING  FIVE  MILLION
 DOLLARS; AND
   C.  CONDUCT  AN  INDEPENDENT  COMPREHENSIVE  PERFORMANCE  AUDIT (ICPA)
 REGARDING THE OPERATIONS OF  THE  AGENCY  IN  RELATION  TO  EXPENDITURES
 RELATED TO RULE MAKING AS AUTHORIZED BY LEGISLATION PASSED IN THE PREVI-
 OUS FISCAL YEAR, AS REQUIRED IN ORDER TO FULFILL THE DUTIES IMPOSED UPON
 THE OFFICE BY LAW OR AS OTHERWISE DIRECTED BY THE OVERSIGHT COMMITTEE.
   2.  THE OVERSIGHT COMMITTEE, SUBJECT TO THE DIRECTION OF THE PRESIDENT
 PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, SHALL  ENSURE
 THAT THE FUNCTIONS PERFORMED BY THE OFFICE PURSUANT TO THE PROVISIONS OF
 SUBDIVISION  ONE  OF  THIS  SECTION DO NOT DUPLICATE THOSE OF THE SENATE
 FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS  COMMITTEE  AND  THEIR
 RESPECTIVE STAFFS.
   3.  A. AS USED IN THIS ARTICLE, "INDEPENDENT COMPREHENSIVE PERFORMANCE
 AUDIT (ICPA)" INCLUDES, BUT IS NOT LIMITED TO, A REVIEW AND ANALYSIS  OF
 THE  ECONOMY,  EFFICIENCY, EFFECTIVENESS AND COMPLIANCE OF THE POLICIES,
 MANAGEMENT, FISCAL AFFAIRS AND OPERATIONS OF STATE AGENCIES,  DIVISIONS,
 PROGRAMS AND ACCOUNTS AS SUCH RELATE TO THE ENACTMENT OF RULES AND REGU-
 LATIONS AS AUTHORIZED BY THE LEGISLATURE.
   B.  THE RESULTS OF AN ICPA MAY BE USED BY THE LEGISLATURE TO IMPLEMENT
 THE BEST BUDGETING AND POLICYMAKING PRACTICES FOR GOVERNMENT SERVICES TO
 RUN IN THE MOST COST-EFFECTIVE WAY. THE OFFICE MAY, AT THE DIRECTION  OF
 THE OVERSIGHT COMMITTEE AND SUBJECT TO THE APPROVAL OF THE PRESIDENT PRO
 TEMPORE  OF  THE SENATE AND THE SPEAKER OF THE ASSEMBLY, CONTRACT WITH A
 PRIVATE COMPANY,  NONPROFIT  ORGANIZATION  OR  ACADEMIC  INSTITUTION  TO
 ASSIST  WITH  AN  INDEPENDENT  COMPREHENSIVE  PERFORMANCE  AUDIT  OR FOR
 PROFESSIONAL CONSULTING AND ADMINISTRATIVE SUPPORT SERVICES. THE  OFFICE
 MAY, BUT SHALL NOT BE REQUIRED TO, CONTRACT WITH THE DEPARTMENT OF AUDIT
 AND  CONTROL  TO  CONDUCT AN ICPA. THE OFFICE SHALL DEVELOP THE SCOPE OF
 SERVICES FOR A REQUEST FOR PROPOSALS ISSUED, FOR  PROFESSIONAL  SERVICES
 NECESSARY  TO  COMPLETE  EACH ICPA. PRIOR TO ENTERING INTO ANY CONTRACT,
 THE OFFICE SHALL OBTAIN NO LESS THAN THREE SEPARATE BIDS FOR THE  AUDIT-
 ING  SERVICES,  UNLESS THE OFFICE DETERMINES THAT FEWER THAN THREE ENTI-
 TIES MEET THE QUALIFICATIONS TO BID TO  PERFORM  SUCH  SERVICES  AS  SET
 FORTH  BY  THE  OFFICE.  THE  COST  OF THE CONTRACT SHALL BE PAID BY THE
 LEGISLATURE.
   C. AN INDEPENDENT COMPREHENSIVE PERFORMANCE AUDIT  SHALL  ADDRESS  BUT
 NOT BE LIMITED TO THE FOLLOWING TOPICS:
 A. 8685                             4
 
   (1)  POLICIES  WHICH  SHALL  INCLUDE  CONSTITUTIONAL MANDATES, IF ANY,
 STATUTORY MANDATES, STATUTORY AUTHORIZATIONS,  ADMINISTRATIVE  RULES  OR
 POLICIES  OF  THE AFFECTED AGENCY REFLECTED IN INTERNAL AGENCY DOCUMENTS
 OR AGENCY PRACTICES;
   (2) ALL SOURCES OF FUNDING RECEIVED BY THE AGENCY, INCLUSIVE OF FEDER-
 AL  FUNDS,  STATE  APPROPRIATIONS, STATE-DEDICATED REVENUES, FEE REVENUE
 SOURCES, THE USE OF AGENCY REVOLVING FUNDS OR ANY OTHER FUND OR  REVENUE
 SOURCE WHICH IS USED TO PAY THE EXPENSES OF THE AGENCY;
   (3)  MANAGEMENT  OF THE AGENCY WHICH SHALL INCLUDE, BUT NOT BE LIMITED
 TO, ITS GOVERNANCE, CAPACITY, DIVISIONS, PROGRAMS, ACCOUNTS, INFORMATION
 TECHNOLOGY SYSTEMS AND POLICIES  AND  AGENCY  OPERATIONS  WHICH  INCLUDE
 OBJECTIVE ANALYSIS OF THE ROLES AND FUNCTIONS OF THE DEPARTMENT; AND
   (4)  A  SCHEDULE FOR IMPLEMENTATION OF AGENCY-SPECIFIC RECOMMENDATIONS
 IN RELATION TO RULE MAKING PROCEDURES THAT RESULT  IN  A  FISCAL  IMPACT
 UPON THE STATE IN EXCESS OF FIVE MILLION DOLLARS.
   §  76.  RECORDS  ACCESS.  1.  EACH  AGENCY OR INSTITUTION OF THE STATE
 SHALL, UPON REQUEST, FURNISH  AND  MAKE  AVAILABLE  TO  THE  LEGISLATIVE
 OFFICE OF FISCAL TRANSPARENCY ALL RECORDS, DOCUMENTS, MATERIALS, PERSON-
 NEL,  INFORMATION  OR  OTHER  RESOURCES AS THE OFFICE DEEMS NECESSARY TO
 CONDUCT A REVIEW OF THE RULE MAKING PROCEDURES SUBJECT TO THIS ACT.  ANY
 RECORD, DOCUMENT, MATERIAL OR OTHER INFORMATION MADE CONFIDENTIAL BY LAW
 SHALL  BE  PROVIDED TO THE OFFICE, WHICH SHALL ALSO MAINTAIN SUCH CONFI-
 DENTIALITY.  ALL RECORDS, DOCUMENTS, MATERIALS OR OTHER  INFORMATION  OF
 THE OFFICE SHALL BE DEEMED TO BE A RECORD OF THE LEGISLATURE.
   2.  EACH  STATE AGENCY AND OTHER AFFECTED PERSONS SHALL COOPERATE WITH
 THE OVERSIGHT COMMITTEE AND THE OFFICE IN THE PROVIDING OF ANY  INFORMA-
 TION  REQUESTED. THE OVERSIGHT COMMITTEE SHALL HAVE THE POWER TO CONDUCT
 HEARINGS, ADMINISTER OATHS, ISSUE SUBPOENAS AND COMPEL THE ATTENDANCE OF
 WITNESSES AND THE PRODUCTION OF INFORMATION.
   § 77. CERTIFIED AUDIT REQUIREMENT. THE RECEIPT AND AUDIT OF THE EXECU-
 TIVE CAPITAL PROGRAM AND FINANCIAL PLAN  PRE-SUBMISSION  DISCLOSURE,  AS
 REQUIRED BY SECTION TWENTY-TWO-C OF THE STATE FINANCE LAW, SHALL INCLUDE
 AN  INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT'S AUDIT REPORT CONTAINING AN
 OPINION THAT THE FINANCIAL STATEMENTS ARE PRESENTED FAIRLY IN ALL  MATE-
 RIAL RESPECTS AND IN CONFORMITY WITH GENERALLY ACCEPTED ACCOUNTING PRIN-
 CIPLES,  INCLUDING  COMPLIANCE  WITH ALL PRONOUNCEMENTS OF THE FINANCIAL
 ACCOUNTING STANDARDS BOARD  AND  THE  AMERICAN  INSTITUTE  OF  CERTIFIED
 PUBLIC ACCOUNTANTS.
   §  78.  REPORTING  AND  DISCLOSURES.  THE LEGISLATIVE OFFICE OF FISCAL
 TRANSPARENCY SHALL PREPARE AND  SUBMIT  TO  THE  OVERSIGHT  COMMITTEE  A
 REPORT  OF  ITS  FINDINGS  FOR ANY PERFORMANCE EVALUATION OR INDEPENDENT
 COMPREHENSIVE PERFORMANCE AUDIT CONDUCTED AT THE DIRECTION OF THE  OVER-
 SIGHT   COMMITTEE.  NO  SUCH  EVALUATION  OR  INDEPENDENT  COMPREHENSIVE
 PERFORMANCE AUDIT SHALL BE CONDUCTED WITHOUT PRIOR APPROVAL OF THE OVER-
 SIGHT COMMITTEE. SUCH REPORTS SHALL BE AVAILABLE TO  THE  PUBLIC,  OTHER
 THAN  WITH  RESPECT  TO ANY INFORMATION OR MATERIAL MADE CONFIDENTIAL BY
 LAW. THE OVERSIGHT COMMITTEE MAY  MAKE  RECOMMENDATIONS  TO  THE  AGENCY
 EVALUATED, OR TO THE LEGISLATURE AND THE GOVERNOR, FOR FURTHER ACTION AS
 IT  DEEMS  NECESSARY, AND MAY DIRECT THE OFFICE TO MONITOR AND REPORT ON
 IMPLEMENTATION OF SUCH RECOMMENDATIONS.
   § 4. The state administrative procedure act is amended by  adding  two
 new sections 201-b and 202-f to read as follows:
   §  201-B.  FISCAL NOTES ON PROPOSED RULES. 1. FOR THE PURPOSES OF THIS
 SECTION, THE TERM "POLITICAL SUBDIVISION" MEANS ANY COUNTY, CITY,  TOWN,
 VILLAGE, SPECIAL DISTRICT OR SCHOOL DISTRICT.
 A. 8685                             5
 
   2.  EACH  AGENCY  PROPOSING  A  RULE  SHALL  ATTACH A FISCAL NOTE TO A
 PROPOSED RULE WHICH WOULD AFFECT THE REVENUES OR EXPENSES, OR  BOTH,  OF
 ANY  POLITICAL  SUBDIVISION.  SUCH FISCAL NOTES SHALL FULLY DISCLOSE THE
 COSTS AND SOURCE OF FUNDING OF EVERY  PROVISION  OF  THE  PROPOSED  RULE
 WHICH WOULD AFFECT THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
   3.  FISCAL  NOTES  SHALL  NOT, HOWEVER, BE REQUIRED FOR PROPOSED RULES
 WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL SUBDIVISIONS.
   § 202-F. LEGISLATIVE APPROVAL. IN ADDITION TO THE  PROCEDURE  REQUIRED
 PURSUANT  TO  SECTION  TWO  HUNDRED TWO OF THIS ARTICLE AND PRIOR TO THE
 SUBMISSION OF A NOTICE OF PROPOSED RULEMAKING TO THE SECRETARY OF  STATE
 FOR PUBLICATION IN THE STATE REGISTER, AN AGENCY PROPOSING A RULE WITH A
 FISCAL  IMPACT  IN  EXCESS  OF  FIVE  MILLION DOLLARS, SHALL SUBMIT SUCH
 PROPOSED RULE TO THE LEGISLATIVE OFFICE OF  FISCAL  TRANSPARENCY  ESTAB-
 LISHED UNDER ARTICLE FOUR-B OF THE LEGISLATIVE LAW WITH A FISCAL NOTE AS
 REQUIRED  BY SECTION TWO HUNDRED ONE-B OF THIS ARTICLE. UPON APPROVAL OF
 COMPLIANCE BY THE LEGISLATIVE OFFICE OF FISCAL TRANSPARENCY, THE  OFFICE
 SHALL  DELIVER  SUCH  PROPOSED  RULE TO THE SENATE FINANCE COMMITTEE AND
 ASSEMBLY WAYS AND MEANS COMMITTEE FOR THEIR APPROVAL. NO SUCH RULE SHALL
 TAKE EFFECT UNLESS IT HAS BEEN APPROVED BY A TWO-THIRDS MAJORITY VOTE OF
 EACH COMMITTEE WITH JURISDICTION TO WHICH IT HAS BEEN REFERRED.
   § 5. The executive law is amended by adding a new section 13  to  read
 as follows:
   §  13.  FISCAL  NOTES ON EXECUTIVE ORDERS AFFECTING POLITICAL SUBDIVI-
 SIONS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "POLITICAL SUBDIVI-
 SION" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, SPECIAL DISTRICT OR  SCHOOL
 DISTRICT.
   2.  THE  GOVERNOR  SHALL ATTACH A FISCAL NOTE TO EVERY EXECUTIVE ORDER
 WHICH WOULD AFFECT THE REVENUES OR EXPENSES, OR BOTH, OF  ANY  POLITICAL
 SUBDIVISION. SUCH FISCAL NOTES SHALL FULLY DISCLOSE THE COSTS AND SOURCE
 OF  FUNDING OF EVERY PROVISION OF THE EXECUTIVE ORDER WHICH WOULD AFFECT
 THE REVENUE OR EXPENSES OF ANY POLITICAL SUBDIVISION.
   3. FISCAL NOTES SHALL NOT, HOWEVER, BE REQUIRED FOR  EXECUTIVE  ORDERS
 WHICH PROVIDE DISCRETIONARY AUTHORITY TO POLITICAL SUBDIVISIONS.
   § 6. The legislative law is amended by adding a new section 68 to read
 as follows:
   §  68. APPROVAL OF LEGISLATIVE COMMITTEES. 1. STATE AGENCIES INTENDING
 TO PROMULGATE ANY RULE WITH A FISCAL IMPACT IN EXCESS  OF  FIVE  MILLION
 DOLLARS  MUST  SUBMIT  SUCH  PROPOSED  RULE TO THE LEGISLATIVE OFFICE OF
 FISCAL TRANSPARENCY FOR REVIEW OF THE SUFFICIENCY OF FORM AND SUBSTANCE.
 UPON APPROVAL, THE OFFICE SHALL DELIVER TO THE  CHAIR  AND  THE  RANKING
 MINORITY MEMBER OF THE SENATE FINANCE AND THE CHAIR AND RANKING MINORITY
 MEMBER  OF  THE ASSEMBLY WAYS AND MEANS COMMITTEES FOR CONSIDERATION AND
 APPROVAL OF THE PROPOSED RULE.
   2. THE SENATE FINANCE  COMMITTEE  AND  THE  ASSEMBLY  WAYS  AND  MEANS
 COMMITTEE  SHALL  HAVE  JURISDICTION  TO CONSIDER AND APPROVE A PROPOSED
 RULE, WHEN SUCH RULE IS AUTHORIZED TO BE PROMULGATED BY A BILL PREVIOUS-
 LY PASSED AND ENACTED BY EACH HOUSE OF THE LEGISLATURE.
   3. THE FINANCE AND WAYS AND MEANS COMMITTEES IN THE SENATE AND  ASSEM-
 BLY MUST CONSIDER THE PROPOSED RULE DURING THE FIRST SCHEDULED COMMITTEE
 MEETING,  IMMEDIATELY  FOLLOWING  RECEIPT  OF  THE  PROPOSED RULE BY THE
 COMMITTEE CHAIR AND RANKING MINORITY MEMBER.
   4. ALL MEMBERS OF THE FINANCE AND WAYS AND  MEANS  COMMITTEES  IN  THE
 SENATE  AND  ASSEMBLY  SHALL  BE PROVIDED A COPY OF THE PROPOSED RULE AT
 LEAST THREE CALENDAR DAYS PRIOR TO ACTING UPON SUCH RULE  AND  SHALL  BE
 AFFORDED  SUFFICIENT  TIME  TO  DEBATE  THE MERITS OF THE PROPOSED RULE,
 A. 8685                             6
 
 INCLUDING THE FISCAL IMPACT OF THE PROPOSAL AND THE NEED  TO  PROMULGATE
 THE PROPOSED RULE IN ORDER TO IMPLEMENT THE LAW AS INTENDED.
   5. AFTER THE PROPOSED RULE HAS BEEN DEBATED AND PRIOR TO CONCLUSION OF
 THE  COMMITTEE MEETING, ALL MEMBERS OF THE COMMITTEE MUST VOTE TO EITHER
 APPROVE OR REJECT THE PROPOSED RULE.
   6. THE CHAIR OF THE APPROPRIATE COMMITTEE SHALL PROVIDE THE RESULTS OF
 THE COMMITTEE VOTE TO THE STATE AGENCY THAT PROVIDED THE  PROPOSED  RULE
 AND REPORT SUCH VOTE IN THE SAME MANNER AS ANY VOTE BY THE COMMITTEE.
   7. A VOTE TO APPROVE A PROPOSED RULE BY NO LESS THAN TWO-THIRDS OF ALL
 COMMITTEE  MEMBERS SHALL BE REQUIRED BEFORE THE STATE AGENCY CAN PROCEED
 TO PROPOSE THE RULE PURSUANT TO SECTION TWO HUNDRED  TWO  OF  THE  STATE
 ADMINISTRATIVE PROCEDURE ACT.
   §  7.  Subdivision 9-b of section 8 of the state finance law, as sepa-
 rately added by chapters 405 and 957 of the laws of 1981, is amended  to
 read as follows:
   9-b.  Make  monthly reports during state fiscal years commencing on or
 after April first, nineteen hundred eighty-two, within ten days  of  the
 close  of  each month, to the LEGISLATIVE OFFICE OF FISCAL TRANSPARENCY,
 THE chairman of the senate finance committee and  the  chairman  of  the
 assembly ways and means committee for the use of such committees and the
 information  of  the  legislature,  containing  a  complete statement of
 disbursements, expenditures, receipts and revenues for the  prior  month
 and  year-to-date  OF  ALL  STATE AND FEDERAL FUNDS.   The reports shall
 include information for all funds and, with regard to such disbursements
 and expenditures, shall be based  on  the  then  current  fiscal  year's
 appropriations  and appropriations available from the prior fiscal year.
 Such reports for each fiscal year  shall  contain  such  additional  and
 detailed information and shall be organized in such manner as the chair-
 man  of  the  senate  finance committee and the chairman of the assembly
 ways and means committee shall have last requested at  least  forty-five
 days  prior  to  the  beginning of such fiscal year. The comptroller may
 promulgate such rules and regulations, applicable to any  or  all  state
 officers  or  employees, as may be necessary to obtain any data required
 for making such reports. Such reports shall be prepared and presented in
 accordance with the accounting principles and policies used in the prep-
 aration of the budget documents for the then current fiscal year submit-
 ted by the governor pursuant to sections twenty-two and twenty-three  of
 this chapter unless the chairman of the senate finance committee and the
 chairman of the assembly ways and means committee shall have requested a
 different  preparation  or presentation.   SUCH MONTHLY REPORTS SHALL BE
 CERTIFIED BY THE INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS AS SELECTED IN
 THE SAME MANNER AS PROVIDED FOR IN SECTION NINETY-TWO OF THE LEGISLATIVE
 LAW.
   § 8. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid  and  after  exhaustion  of all further judicial review, the
 judgment shall not affect, impair or invalidate the  remainder  thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, section or part of this act directly involved in the  controversy
 in which the judgment shall have been rendered.
   § 9. This act shall take effect on January 1, 2023.