Requires the inclusion of certain information in fiscal notes in retirement bills and on bills affecting political subdivisions; provides that fiscal note measurements shall be made in units of money, personal services, equipment, or any appropriate, convenient or accessible units and measurement.
STATE OF NEW YORK
________________________________________________________________________
2514
2019-2020 Regular Sessions
IN SENATE
January 25, 2019
___________
Introduced by Sens. KRUEGER, MONTGOMERY -- read twice and ordered print-
ed, 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 requiring the inclu-
sion of certain information in fiscal notes in retirement bills and on
bills affecting political subdivisions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 50 of the legislative law, as added by chapter 503
2 of the laws of 1971, is amended to read as follows:
3 § 50. Fiscal note in retirement bills. A bill which enacts or amends
4 any provision of law relating to a retirement system or plan of the
5 state of New York or of any of its political subdivisions shall contain
6 a fiscal note stating the estimated annual cost to the employer affected
7 and the source of such estimate, and a statement identifying the indi-
8 vidual or entity that provided compensation to the source of such esti-
9 mate, if any.
10 § 2. Section 51 of the legislative law, as added by chapter 985 of the
11 laws of 1983, is amended to read as follows:
12 § 51. Fiscal impact notes on bills affecting political subdivisions.
13 1. For the purpose of this section, the term "political subdivision"
14 means any county, city, town, village, hamlet, special district [or],
15 school district, college, university or any state agency, department,
16 office, commission, bureau or public authority. As used in this section,
17 special district shall mean a district possessing the power to contract
18 indebtedness and levy or require the taxes or benefit assessments upon
19 real property.
20 2. [The legislature shall by concurrent resolution of the senate and
21 assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
22 rate form, bills and amendments to bills, except as otherwise prescribed
23 by such rules,] Prior to discharging a bill which would substantially
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06768-01-9
S. 2514 2
1 affect the revenues or expenses, or both, by at least two hundred fifty
2 thousand dollars, of any political subdivision, all standing legislative
3 committees shall prepare a fiscal note for each such bill. Such fiscal
4 note shall be included in such bill and detail the following:
5 (a) an estimated cost or savings to the state and affected political
6 subdivision for the five years following adoption of such bill; and
7 (b) the source of the estimate described in paragraph (a) of this
8 subdivision and a statement identifying any individual or entity that
9 provided compensation to the source of such estimate, if any.
10 3. The fiscal impacts described in such fiscal notes shall be esti-
11 mated on a basis of any one or more of the following:
12 (a) individual political subdivisions; or
13 (b) aggregates of political subdivisions (i) statewide or by lesser
14 geographic area, or (ii) by classification or subclassification or rele-
15 vant characteristics; or
16 (c) representative political subdivisions with relevant character-
17 istics thereof quantitatively set forth e.g. population, area, weighed
18 average daily attendance of pupils.
19 4. Fiscal note measurements shall be made in units of money, personal
20 services, equipment, or any other appropriate, convenient or accessible
21 units of measurement.
22 5. The sponsor of such bill or the chair or ranking member of any
23 standing legislative committee are authorized to prepare such fiscal
24 note in collaboration with the division of the budget or the department
25 or agency of state government charged with the fiscal duties, functions
26 or powers provided in such bill.
27 Officers of executive branch entities shall process requests for
28 assistance in preparing fiscal notes on a first-come, first-serve basis,
29 except priority shall be given to processing requests for assistance in
30 preparing fiscal notes from the chairs or ranking members of the senate
31 finance committee or assembly ways and means committee.
32 [3.] 6. Fiscal notes shall not, however, be required for bills: (a)
33 subject to the provisions of section fifty of this [chapter] article, or
34 (b) accompanied by special home rule requests submitted by political
35 subdivisions, or (c) which provide discretionary authority to political
36 subdivisions, or (d) submitted pursuant to section twenty-four of the
37 state finance law.
38 [4.] 7. If the estimate or estimates contained in a fiscal note are
39 inaccurate, such inaccuracies shall not affect, impair or invalidate
40 such bill.
41 § 3. This act shall take effect on the ninetieth day after it shall
42 have become a law.
