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Permanent Joint Rules of the Senate and Assembly
JOINT RULE I
Section 1. Requirement of Fiscal Impact Notes. Fiscal impact notes shall be required for all bills and amendments, other than those excepted as provided in section four hereof, which would substantially affect the revenues or expenses, or both, of any county, city, town, village, school district or special district (hereinafter referred to as "political subdivisions"). For purposes of this Joint Rule and section 51 of the Legislative Law, the term "special district" shall mean a district possessing the power to contract indebtedness and levy or require the levy of taxes or benefit assessments upon real property.
§ 2. Sufficiency and Contents of Fiscal Impact Notes. Fiscal impact notes shall be deemed sufficient for purposes of this Joint Rule if prepared in conformity with this section.
Scope of fiscal estimates. Fiscal impact upon political subdivisions shall be estimated on the basis of any one or more of the following:
- Individual political subdivisions; or
- Aggregates of political subdivisions (a) statewide or by lesser geographic area, or (b) by classification or subclassification of relevant characteristics; or
- Representative political subdivisions with relevant characteristics thereof quantitatively set forth, e.g., population, area, weighted average daily attendance of pupils; or
- Any other appropriate, convenient or accessible grouping of political subdivisions.
- Units of measurement. Fiscal impact measurements shall be made in units of money, personal services, equipment, or any other appropriate, convenient or accessible units of measurement.
- Negligible Impact. A fiscal impact note filed by the sponsor of a bill which states that the fiscal impact of the bill is negligible shall be deemed to be in compliance with this Joint Rule.
- The Temporary President of the Senate and the Speaker of the Assembly shall each designate a person in such officer's respective house to examine each bill in such house, without regard to its house of origin, for the purpose of ascertaining whether a fiscal impact note is required pursuant to this Joint Rule, and if such note is required, such person shall so notify the sponsor of such bill.
- The sponsor of such bill shall provide such fiscal impact note on a separate form prescribed therefor by the Temporary President of the Senate and the Speaker of the Assembly jointly.
- Such fiscal impact note shall state the source thereof, which may be the sponsor; provided, however, that in the case of a bill proposed by a state department or agency, such note shall be prepared and furnished by such department or agency.
- Such designated person in each house shall thereupon review each fiscal impact note for compliance with the provisions of this Joint Rule.
- No bill requiring a fiscal impact note shall be reported to the floor of the house unless accompanied by the appropriate note for the version of such bill so reported, except as provided in section four hereof.
- If an amendment to a bill has a fiscal impact, the member offering such amendment shall provide the fiscal impact note required by such amendment. If such amendment prevails, the sponsor shall provide a fiscal impact note for the amended bill before final passage, unless excepted pursuant to subdivision F of section four hereof.
- subject to the provisions of section 50 of the Legislative Law;
- requested by a county, city, town or village in accordance with the provisions of paragraph two of subdivision (b) of section two of Article IX of the Constitution;
- which provides discretionary authority to a political subdivision;
- submitted pursuant to section 24 of the State Finance Law;
- reported to the floor of the House by the Rules Committee, if such committee, in its discretion, determines that such action is in the public interest;
- which has been amended on the floor of either house, where a fiscal impact note would otherwise have been required for such amended bill by this Joint Rule and section 51 of the Legislative Law, if the Temporary President of the Senate or the Speaker of the Assembly, respectively, in such officer's discretion, determines that the amended bill may be acted on in such officer's house without such note; or
- which inadvertently passes the Legislature where a fiscal impact note would otherwise have been required by this Joint Rule and section 51 of the Legislative Law.
§ 6. Application. The provisions of this Joint Rule shall apply to bills and amendments proposed for introduction at the nineteen hundred eighty-five regular legislative session and permanently thereafter.
JOINT RULE II
Section 1. Committee on Conference. The Temporary President of the Senate and the Speaker of the Assembly may jointly convene a Joint Committee on Conference to consider and report upon substantially similar but not identical legislation that has passed each House of the Legislature. Such committee shall be constituted by the filing of a joint certificate by the Temporary President of the Senate and the Speaker of the Assembly with the Secretary of the Senate and the Clerk of the Assembly, and shall consist of the same number of members from each House. Unless otherwise provided in the certificate, there shall be five members on such committee from each House to be appointed by the Temporary President of the Senate who shall appoint the members from the Senate and the Speaker of the Assembly who shall appoint the members from the Assembly; provided, however, that of each House's delegation at least one member shall represent the minority in each House. The Temporary President of the Senate and the Speaker of the Assembly shall each appoint a co-chairperson of the committee and such co-chairpersons shall convene and recess meetings of the committee. Meetings jointly convened by the co-chairpersons shall be subject to the provisions of Article 7 of the Public Officers Law. The committee shall file a written report setting forth the joint recommendations of a majority of each House's delegation with the Secretary of the Senate and the Clerk of the Assembly or such other committees or officers as may be set forth in the certificate and such report may include specific bill language that would implement the joint committee's recommendations. No report shall be filed except upon the affirmative vote of a majority of the members of each House's delegation on the committee.
JOINT RULE III
Section 1. Budget Consideration Schedule. In accordance with section 54-a of the Legislative Law, within ten days of the submission of the budget by the Governor pursuant to article VII of the Constitution, the Temporary President of the Senate and the Speaker of the Assembly shall promulgate a schedule of dates for considering and acting upon such submission. Such schedule shall include the dates for those actions required to be taken by the legislature pursuant to section 53 of the Legislative Law, dates for the convening of a joint budget conference committee or committees as provided herein, and a date by which such committee or committees shall issue a final report or reports.
§ 2. Joint Budget Conference Committee. In accordance with section 54-a of the Legislative Law, within ten days of the submission of the budget by the Governor pursuant to article VII of the Constitution, the Temporary President of the Senate and the Speaker of the Assembly shall jointly establish a Joint Budget Conference Committee and, as they deem necessary, any number of subcommittees subordinate to such Joint Budget Conference Committee, to consider and reconcile such budget resolutions or bills passed by, or as may be passed by, the Senate and Assembly. Such Joint Budget Conference Committee shall be constituted and conducted as prescribed in Joint Rule II and shall file its written report in accord with the schedule established pursuant to section 1 of this rule.
JOINT RULE IV
Section 1. Joint Advisory Board on Broadcast of State Government Proceedings. The Temporary President of the Senate and the Speaker of the Assembly shall convene a bi-partisan, bi-cameral joint advisory board to oversee current and future broadcast of New York State Government proceedings. This board shall consist of eight members of whom three shall be appointed by the Temporary President of the Senate, three members shall be appointed by the Speaker of the Assembly and one member shall be appointed by each of the minority leaders of each house. The appointments shall be of members of the respective houses of the Legislature. The Temporary President of the Senate and the Speaker of the Assembly shall each appoint a co-chair of the board.
§ 2. Duties of the Joint Advisory Board. The joint advisory board shall engage in such activities as it deems necessary for the preparation and formulation of a report to review the efficacy of current programming and explore future expansion of such to include additional legislative and other governmental proceedings, as well as other related public policy and educational material. The report shall include specific recommendations concerning the broadcast or webcast on the Internet of all legislative committee meetings. On or before November 1, 2009, the report shall be submitted to the Temporary President of the Senate, the Speaker of the Assembly, the Minority Leader of the Senate and the Minority Leader of the Assembly.
JOINT RULE V
Section 1. Advisory Opinions in relation to Outside Employment. A member of the legislature who intends to undertake or who undertakes outside employment shall submit to the Legislative Ethics Commission a written request for a formal advisory opinion, pursuant to the provisions of paragraph i of subdivision 7 of section 80 of the Legislative Law, regarding whether the outside employment is consistent with the provisions of sections 73 and 74 of the Public Officers Law. For the purposes of this joint rule, "outside employment" means compensation in excess of 5,000 dollars per calendar year, other than compensation provided pursuant to sections 5 and 5-a of the Legislative Law, from employment for services rendered or goods sold as part of a regular course of any business during a member's term.
§ 2. Timeframe. Members of the legislature shall be required to submit such written requests as follows:
- For members of the legislature who are currently engaged in outside employment and have not previously submitted a request to the Legislative Ethics Commission for a formal advisory opinion in connection with such employment, within thirty days of the adoption of this resolution by the Senate and the Assembly;
- For members of the legislature in relation to prospective outside employment, prior to the receipt of compensation in excess of five thousand dollars from such outside employment; and
- For newly-elected members of the legislature in relation to maintaining previously-held outside employment, within thirty days of assuming office.