NY State Senate Bill 2021-S3816

Senate Bill S3816

2021-2022 Legislative Session

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

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Jan 31, 2021	referred to investigations and government operations

co-Sponsors

2021-S3816 (ACTIVE) - Details

See Assembly Version of this Bill:: A8621
Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Rpld & add §51, Leg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3829, A5984
2011-2012: S3456, A6824
2013-2014: S1968, A3480
2015-2016: S2272, A4390
2017-2018: S2324, A4392
2019-2020: S4732, A6523
2023-2024: S1928

2021-S3816 (ACTIVE) - Summary

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

2021-S3816 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3816

SPONSOR: GRIFFO
 
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 mariner.

The state of California, operating in a political and economic environ-
ment 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 distrib-
uted to committees and lawmakers when bills come before them. This bill
is based on regulations in California and other states governing disclo-
sure 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 state-
ment 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 part 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 would result from enacting legislation put
before them. Expanding fiscal note analysis and disclosure accomplishes
this important precursor to sound fiscal management.

 
LEGISLATIVE HISTORY:

2019-20 - S. 4732 Investigations and Government Operations Committee/A.
6523 Governmental Operations Committee.

2017-18 -S. 2324 Investigations and Government Operations Committee/A.
4392 Governmental Operations Committee.

2015-16 - S. 2272 - Investigations & Government Operations Committee/A.
4390 Governmental Operations Committee.

2013-14 - S. 1968 - Investigations & Government Operations Committee/A.
3480 Governmental Operations 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.

2021-S3816 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3816
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2021
                                ___________
 
 Introduced  by  Sens. GRIFFO, GALLIVAN, SERINO -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government 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:
   §  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.
                                                            LBD04280-01-1

 S. 3816                             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.
   § 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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Senate Bill S3816

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Sponsored By

Joseph A. Griffo