Bill Text: NY A09076 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to the legislative budget and deposits to the tax stabilization reserve fund; requires that no later than March fifteenth of each year the temporary president of the senate, the minority leader of the senate, the speaker of the assembly and the minority leader of the assembly shall jointly convene a general budget conference committee to resolve the differences between each house concerning the executive budget; further alters the amounts of the deposits to the tax stabilization reserve fund; provides that subsequent to April first of each year, the legislature may not consider other legislation until a budget is passed, with exceptions; limits all funds spending to the rate of the inflation.

Spectrum: Partisan Bill (Republican 34-0)

Status: (Introduced - Dead) 2012-06-19 - held for consideration in ways and means [A09076 Detail]

Download: New_York-2011-A09076-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9076
                                 I N  A S S E M B L Y
                                   January 20, 2012
                                      ___________
       Introduced  by  M.  of  A.  OAKS,  BLANKENBUSH, BUTLER, CALHOUN, CORWIN,
         FINCH, GRAF, MURRAY, RA, RABBITT, RAIA, TEDISCO,  TOBACCO,  WALTER  --
         Multi-Sponsored  by  --  M. of A.  AMEDORE, BARCLAY, BURLING, CERETTO,
         CONTE, CROUCH, DUPREY, FITZPATRICK,  FRIEND,  GIGLIO,  HAWLEY,  JOHNS,
         JORDAN,  KOLB,  P. LOPEZ,  McDONOUGH,  J. MILLER, PALMESANO, SALADINO,
         SAYWARD -- read once and referred to the Committee on Ways and Means
       AN ACT to amend the state  finance  law  and  the  legislative  law,  in
         relation  to the legislative budget and deposits to the tax stabiliza-
         tion reserve fund
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   The state finance law is amended by adding a new section
    2  24-a to read as follows:
    3    S 24-A. LEGISLATIVE BUDGET REVIEW; CONFERENCE COMMITTEES. 1. NO  LATER
    4  THAN  MARCH  FIFTEENTH  OF  EACH  YEAR,  THE  TEMPORARY PRESIDENT OF THE
    5  SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF  THE  ASSEMBLY
    6  AND  THE MINORITY LEADER OF THE ASSEMBLY SHALL JOINTLY CONVENE A GENERAL
    7  BUDGET CONFERENCE COMMITTEE COMPRISED OF MEMBERS OF EACH  HOUSE  OF  THE
    8  LEGISLATURE  TO  ESTABLISH PROCEDURES TO RESOLVE THE DIFFERENCES BETWEEN
    9  EACH HOUSE CONCERNING THE EXECUTIVE BUDGET.  THE GENERAL BUDGET  CONFER-
   10  ENCE  COMMITTEE SHALL BE COMPRISED OF TEN MEMBERS: FOUR APPOINTED BY THE
   11  TEMPORARY PRESIDENT OF THE SENATE; FOUR APPOINTED BY THE SPEAKER OF  THE
   12  ASSEMBLY;  ONE  APPOINTED  BY THE MINORITY LEADER OF THE SENATE; AND ONE
   13  APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY. THE  ADOPTION  OF  ANY
   14  DECISION OF THE GENERAL BUDGET CONFERENCE COMMITTEE SHALL BE AFFIRMED BY
   15  A  MAJORITY  VOTE  OF  THE  MEMBERS  OF  EACH  HOUSE  OF THE LEGISLATURE
   16  APPOINTED TO SUCH COMMITTEE.
   17    2. THE GENERAL BUDGET  CONFERENCE  COMMITTEE  SHALL  ESTABLISH  BUDGET
   18  CONFERENCE SUBCOMMITTEES, EACH TO BE COMPRISED OF MEMBERS OF BOTH HOUSES
   19  OF THE LEGISLATURE, TO RESOLVE DIFFERENCES BETWEEN EACH HOUSE CONCERNING
   20  THE EXECUTIVE BUDGET, BASED ON THE PROCEDURES ESTABLISHED BY THE GENERAL
   21  BUDGET  CONFERENCE  COMMITTEE,  FOR  SPECIFIC  AREAS OF THE BUDGET TO BE
   22  DETERMINED BY THE GENERAL BUDGET CONFERENCE COMMITTEE.  SUCH  PROCEDURES
   23  SHALL  INCLUDE  A  REQUIREMENT  THAT  ALL MEETINGS OF THE GENERAL BUDGET
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02427-01-1
       A. 9076                             2
    1  CONFERENCE COMMITTEE AND OF THE SUBCOMMITTEES BE HELD IN  PUBLIC.    THE
    2  GENERAL  BUDGET  CONFERENCE  COMMITTEE  SHALL  PROVIDE  ESTIMATES OF ANY
    3  MONEYS ESTIMATED TO BE AVAILABLE FOR THE ENSUING FISCAL YEAR FROM SOURC-
    4  ES  OTHER  THAN IN SUBDIVISION SIX OF SECTION TWENTY-THREE OF THIS ARTI-
    5  CLE.   SUCH ESTIMATE WHEN COMBINED  WITH  THOSE  ESTIMATES  REQUIRED  BY
    6  SUBDIVISION  SIX  OF  SECTION  TWENTY-THREE OF THIS ARTICLE SHALL BE ALL
    7  MONEYS FROM SUCH SOURCES DESCRIBED IN THIS SUBDIVISION ESTIMATED  TO  BE
    8  AVAILABLE  TO  MAKE  DISBURSEMENTS AUTHORIZED BY THE APPROPRIATION BILLS
    9  SUBMITTED BY THE GOVERNOR PURSUANT TO SECTION THREE OF ARTICLE SEVEN  OF
   10  THE  CONSTITUTION AND ACTED ON BY THE LEGISLATURE FOR THE ENSUING FISCAL
   11  YEAR. THE GENERAL BUDGET CONFERENCE COMMITTEE  SHALL  ESTABLISH  LIMITA-
   12  TIONS  ON DISBURSEMENTS WHICH MAY BE AGREED TO BY EACH BUDGET CONFERENCE
   13  SUBCOMMITTEE TO INSURE THAT TOTAL DISBURSEMENTS TO BE MADE FOR THE ENSU-
   14  ING FISCAL YEAR DO NOT EXCEED THE FINAL ESTIMATE OF MONEYS AND  REVENUES
   15  AVAILABLE  TO  MAKE SUCH DISBURSEMENTS AS PROVIDED BY SUBDIVISION SIX OF
   16  SECTION TWENTY-THREE OF THIS ARTICLE. THE NUMBER  OF  BUDGET  CONFERENCE
   17  SUBCOMMITTEES  AND  THE MEMBERSHIP OF THE BUDGET CONFERENCE SUBCOMMITTEE
   18  SHALL  BE  DETERMINED  BY  THE  GENERAL  BUDGET  CONFERENCE   COMMITTEE;
   19  PROVIDED,  HOWEVER,  THAT NO LESS THAN ONE MEMBER OF EACH BUDGET CONFER-
   20  ENCE SUBCOMMITTEE SHALL BE APPOINTED EACH BY THE TEMPORARY PRESIDENT  OF
   21  THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEM-
   22  BLY AND THE MINORITY LEADER OF THE ASSEMBLY.
   23    3.  AFTER  THE  ESTABLISHMENT OF LIMITATIONS ON DISBURSEMENTS FOR EACH
   24  BUDGET CONFERENCE SUBCOMMITTEE AS PROVIDED BY SUBDIVISION  TWO  OF  THIS
   25  SECTION,  EACH BUDGET CONFERENCE SUBCOMMITTEE SHALL CONVENE AT A TIME OR
   26  TIMES DETERMINED BY THE GENERAL BUDGET CONFERENCE  COMMITTEE  AND  SHALL
   27  REPORT  BACK  TO  THE  GENERAL  BUDGET CONFERENCE COMMITTEE AT A TIME OR
   28  TIMES DETERMINED BY THE  GENERAL  BUDGET  CONFERENCE  COMMITTEE  ON  THE
   29  RESULTS  OF EFFORTS TO RESOLVE THE DIFFERENCES BETWEEN EACH HOUSE IN THE
   30  SPECIFIC  AREAS  OF  THE  BUDGET  ASSIGNED  TO  EACH  SUBCOMMITTEE.   ON
   31  COMPLETION  OF  EFFORTS  TO  RESOLVE ALL DIFFERENCES BETWEEN EACH HOUSE,
   32  EACH BUDGET CONFERENCE SUBCOMMITTEE SHALL SUBMIT A FINAL REPORT  TO  THE
   33  GENERAL  BUDGET  CONFERENCE COMMITTEE ON THE RESULTS OF SUCH EFFORTS AND
   34  MAKE RECOMMENDATIONS FOR FINAL ACTION TO BE TAKEN ON  THE  BUDGET  BILLS
   35  SUBMITTED BY THE GOVERNOR FOR THE ENSUING FISCAL YEAR. EACH FINAL REPORT
   36  SHALL  ALSO INDICATE THE ESTIMATED IMPACT THAT EACH RECOMMENDATION WOULD
   37  HAVE ON STATE FINANCES FOR THE ENSUING AND NEXT  TWO  SUCCEEDING  FISCAL
   38  YEARS.
   39    4.  THE  GENERAL  BUDGET CONFERENCE COMMITTEE SHALL EITHER APPROVE THE
   40  FINAL REPORT OF  EACH  BUDGET  CONFERENCE  SUBCOMMITTEE  OR  AGREE  UPON
   41  MODIFICATIONS  OF  SUCH  SUBCOMMITTEE  REPORTS,  AND, THE GENERAL BUDGET
   42  CONFERENCE COMMITTEE SHALL REPORT IN WRITING TO THE TEMPORARY  PRESIDENT
   43  OF  THE  SENATE,  THE  MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE
   44  ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY ON ALL  RECOMMENDATIONS
   45  FOR FINAL ACTION TO BE TAKEN ON THE BUDGET BILLS SUBMITTED BY THE GOVER-
   46  NOR  FOR THE ENSUING FISCAL YEAR. THE FINAL GENERAL CONFERENCE COMMITTEE
   47  REPORT SHALL INCLUDE THE ESTIMATED IMPACT OF ANY PROPOSED  MODIFICATIONS
   48  TO  LAW  THAT  AFFECT  RECEIPTS  FOR THE ENSUING AND NEXT TWO SUCCEEDING
   49  FISCAL YEARS.  SUCH FINAL GENERAL CONFERENCE COMMITTEE REPORT  SHALL  BE
   50  MADE AVAILABLE TO THE PUBLIC.
   51    S  2.  Subdivisions 1, 2 and 3 of section 40 of the state finance law,
   52  as amended by chapter 169 of the laws of 1994, are amended  to  read  as
   53  follows:
   54    1.  The  budget  and  the budget bills submitted by the governor shall
   55  include all appropriations which in the opinion of the governor will  be
   56  required  during the full succeeding fiscal year.  IN THE CASE OF APPRO-
       A. 9076                             3
    1  PRIATIONS FOR THE GENERAL  SUPPORT  OF  PUBLIC  SCHOOLS  AND  THE  STATE
    2  LOTTERY  FUND, THE BUDGET AND THE BUDGET BILLS SUBMITTED BY THE GOVERNOR
    3  SHALL INCLUDE ALL APPROPRIATIONS  FOR  THE  GENERAL  SUPPORT  OF  PUBLIC
    4  SCHOOLS  AND THE STATE LOTTERY FUND WHICH IN THE OPINION OF THE GOVERNOR
    5  WILL BE REQUIRED DURING THE NEXT FULL FISCAL YEAR FOLLOWING THE SUCCEED-
    6  ING FISCAL YEAR, AND  ANY  ADDITIONAL  APPROPRIATIONS  FOR  THE  GENERAL
    7  SUPPORT  OF  PUBLIC SCHOOLS WHICH IN THE OPINION OF THE GOVERNOR WILL BE
    8  REQUIRED DURING THE FULL SUCCEEDING FISCAL YEAR ABOVE, AT OR  BELOW  THE
    9  AMOUNTS  APPROPRIATED FOR SUCH PURPOSES IN THE CURRENT FISCAL YEAR. SUCH
   10  APPROPRIATIONS SHALL BE PROPOSED  AS  SEPARATE  APPROPRIATIONS  APPLYING
   11  INDIVIDUALLY  TO  THE  SUCCEEDING  FISCAL  YEAR  AND THE NEXT SUCCEEDING
   12  FISCAL YEAR.
   13    2. (a) No appropriation made at a regular session of  the  legislature
   14  shall,  unless  the  contrary  is expressly provided in the act by which
   15  such appropriation is made, be available prior to  the  commencement  of
   16  the  fiscal  year  for  which the budget is adopted at such session, and
   17  every appropriation made at such session, except as  provided  in  para-
   18  graphs  (b), (d), and (e) of this subdivision, shall cease to have force
   19  and effect, except as to liabilities already incurred thereunder, at the
   20  close of [such] THE fiscal year IN WHICH SUCH APPROPRIATION SHALL  FIRST
   21  BECOME AVAILABLE.
   22    (b)  Every  deficiency  appropriation made at a regular session of the
   23  legislature which by the express terms of the act by which  such  appro-
   24  priation  is  made  shall  be available prior to the commencement of the
   25  fiscal year for which the budget is adopted at such session shall  cease
   26  to  have  force  and  effect,  except as to liabilities already incurred
   27  thereunder, at the close of the fiscal year in which such  appropriation
   28  shall become available.
   29    (c) Every appropriation made at an extraordinary session of the legis-
   30  lature  shall,  unless  the contrary is expressly provided in the act by
   31  which such appropriation is made,  be  available  immediately  upon  the
   32  taking  effect  of  such  act  and shall cease to have force and effect,
   33  except as to liabilities already incurred thereunder, at  the  close  of
   34  the fiscal year in which such appropriation shall become available.
   35    (d)  Every  appropriation  enacted  in  the  fund type special revenue
   36  funds-federal for a grant period which  extends  beyond  [March  thirty-
   37  first]  APRIL  THIRTIETH  of the fiscal year in which the appropriations
   38  are enacted shall be available  for  liabilities  incurred  during  such
   39  grant period after such [March thirty-first] APRIL THIRTIETH date.
   40    (e) All state operations appropriations made to the city university of
   41  New  York and the state university of New York shall cease to have force
   42  and effect, except as to liabilities already incurred thereunder, as  of
   43  the  thirtieth  day  of June immediately following the state fiscal year
   44  for which they are enacted.
   45    3. Every appropriation for whatever purpose which at the close of  the
   46  fiscal  year  IN  WHICH SUCH APPROPRIATION SHALL FIRST BECOME AVAILABLE,
   47  shall cease to have force and effect except as  to  liabilities  already
   48  incurred  thereunder  shall as to such liabilities continue in force and
   49  effect until the dates specified in paragraphs (a), (b), (c) and (d)  of
   50  this  subdivision,  on which dates such appropriation shall lapse and no
   51  money shall thereafter be paid out of the state treasury or any  of  its
   52  funds  or  any of the funds under its management pursuant to such appro-
   53  priation.
   54    (a) Except for appropriations made to THE city university of New  York
   55  and  the  state  university  of New York, all state operations appropri-
   56  ations including special revenue funds-federal appropriations  continued
       A. 9076                             4
    1  pursuant to paragraph (d) of subdivision two of this section shall lapse
    2  on the [thirtieth] THIRTY-FIRST day of [June] JULY immediately following
    3  the  close  of  the  fiscal  year.  The  appropriations made to the city
    4  university  of  New York or the state university of New York shall lapse
    5  on the thirtieth day of September immediately following the close of the
    6  fiscal year.
    7    (b) All aid to localities  appropriations  including  special  revenue
    8  funds-federal  appropriations  continued  pursuant  to  paragraph (d) of
    9  subdivision two of this section shall lapse  on  the  fifteenth  day  of
   10  [September] OCTOBER immediately following the close of the fiscal year.
   11    (c)  All  capital projects appropriations shall lapse on the fifteenth
   12  day of [September] OCTOBER immediately following the close of the fiscal
   13  year.
   14    (d) All other appropriations shall  lapse  on  the  fifteenth  day  of
   15  [September] OCTOBER immediately following the close of the fiscal year.
   16    S  3.  Subdivisions 3 and 4 of section 92 of the state finance law, as
   17  separately amended by chapters 405 and 957 of  the  laws  of  1981,  are
   18  amended to read as follows:
   19    3.  At the close of each fiscal year any cash surplus remaining in the
   20  general fund over and above the norm  for  such  fiscal  year  shall  be
   21  transferred  from or retained in such fund as hereinafter in this subdi-
   22  vision provided. There shall be transferred  to  the  tax  stabilization
   23  reserve  fund  all of such surplus moneys, up to and including an amount
   24  equivalent to [two-tenths] ONE-HALF of one  per  centum  of  such  norm,
   25  unless  such  transfer  would increase such reserve fund to an amount in
   26  excess of [two] FIVE per centum of the  amount  of  the  norm  for  such
   27  fiscal  year,  in  which  event  such  transfer shall be limited to such
   28  amount as will increase such reserve fund to such [two] FIVE per  centum
   29  limitation.  Any balance of such surplus moneys, thereafter remaining in
   30  the general fund, shall be retained in such fund and  be  available  for
   31  the reduction of state taxes.
   32    4.  In  the  event  that  at the close of any fiscal year the receipts
   33  derived from the taxes, fees and other  sources,  required  to  be  paid
   34  during  such  fiscal  year into the general fund of the state shall fall
   35  below the norm for such fiscal year, there shall be transferred from the
   36  tax stabilization reserve fund to the general fund to  the  extent  that
   37  there  are  sufficient  moneys in the tax stabilization reserve fund, an
   38  amount equal to the difference between the norm and the amount  of  such
   39  receipts. If such transfer reduces the tax stabilization reserve fund to
   40  an  amount  less  than [two] FIVE per centum of the norm for such fiscal
   41  year, the amount so transferred shall be repaid in  cash  prior  to  the
   42  computation and payment of any transfer to the fund pursuant to subdivi-
   43  sion  three of this section in not less than three equal annual install-
   44  ments within the period of six years or less next succeeding the date of
   45  such transfer; provided, however, that if any  such  annual  installment
   46  shall  increase  such  reserve fund to an amount in excess of [two] FIVE
   47  per centum of the amount of the norm for the then current  fiscal  year,
   48  such  installment  shall be limited to such amount as will increase such
   49  reserve fund to such [two] FIVE per centum  limitation  and  no  further
   50  repayment of the whole or any part of such transfer shall be required in
   51  any  subsequent fiscal year. Repayments to the tax stabilization reserve
   52  fund shall be stipulated in annual budget bills.
   53    S 4. The legislative law is amended by adding a new  section  53-a  to
   54  read as follows:
   55    S  53-A.   FAILURE TO ENACT A TIMELY STATE BUDGET. AFTER THE COMMENCE-
   56  MENT OF THE FISCAL YEAR OF THE STATE, UNTIL ALL THE APPROPRIATION  BILLS
       A. 9076                             5
    1  SUBMITTED BY THE GOVERNOR FOR THAT FISCAL YEAR AND ALL THE BILLS SUBMIT-
    2  TED  BY  THE GOVERNOR CONTAINING THE PROPOSED LEGISLATION RECOMMENDED IN
    3  THE BUDGET FOR THAT FISCAL YEAR SHALL HAVE BEEN FINALLY ACTED ON BY BOTH
    4  HOUSES  OF  THE  LEGISLATURE,  NEITHER  HOUSE SHALL CONSIDER OR TAKE ANY
    5  ACTION WHATSOEVER ON ANY OTHER BILL, RESOLUTION OR OTHER MATTER  PENDING
    6  BEFORE  EITHER SUCH HOUSE OR ANY COMMITTEE THEREOF, EXCEPT FOR APPROPRI-
    7  ATION BILLS SUBMITTED TO THE LEGISLATURE ON MESSAGE  FROM  THE  GOVERNOR
    8  CERTIFYING TO THE NECESSITY OF THE IMMEDIATE PASSAGE OF SUCH BILL.
    9    S  5. Section 54 of the legislative law is amended by adding three new
   10  subdivisions 3, 4 and 5 to read as follows:
   11    3. WHEN BOTH HOUSES ARE IN AGREEMENT AND PREPARED TO  FINALLY  ACT  ON
   12  THE  APPROPRIATION  BILLS  SUBMITTED  BY THE GOVERNOR IN ACCORDANCE WITH
   13  ARTICLE SEVEN OF THE CONSTITUTION, THE SECRETARY OF THE  SENATE  FINANCE
   14  COMMITTEE  AND  THE  SECRETARY  OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
   15  SHALL PREPARE AND DELIVER TO THE DIVISION OF THE BUDGET  A  LETTER  THAT
   16  STATES  THAT BOTH HOUSES ARE IN AGREEMENT AND PREPARED TO FINALLY ACT ON
   17  THE APPROPRIATION BILLS AND PROPOSED LEGISLATION SUBMITTED BY THE GOVER-
   18  NOR IN ACCORDANCE WITH ARTICLE SEVEN OF THE CONSTITUTION. THE  SECRETARY
   19  OF  THE  SENATE FINANCE COMMITTEE AND THE SECRETARY OF THE ASSEMBLY WAYS
   20  AND MEANS COMMITTEE SHALL FURNISH THE DIVISION OF THE BUDGET, CONCURRENT
   21  WITH THE SUBMISSION OF THE JOINT LETTER, INFORMATION SUFFICIENT FOR  THE
   22  PREPARATION  OF  A SUMMARY REPORT, INCLUDING THE APPROPRIATION BILLS AND
   23  PROPOSED LEGISLATION ON WHICH BOTH HOUSES ARE IN AGREEMENT AND  PREPARED
   24  TO ACT.
   25    4. PROMPTLY UPON RECEIPT OF THE JOINT LETTER AND INFORMATION DESCRIBED
   26  IN  SUBDIVISION  THREE OF THIS SECTION, THE DIVISION OF THE BUDGET SHALL
   27  PREPARE A PLAIN LANGUAGE SUMMARY REPORT OF THE APPROPRIATION  BILLS  AND
   28  RELATED  LEGISLATION  TO  BE  ENACTED  BY  THE LEGISLATURE. SUCH SUMMARY
   29  REPORT SHALL BE IN SUCH A FORM AS TO INDICATE THAT THE BUDGET AS AMENDED
   30  PROVIDES THAT, FOR THE GENERAL FUND, THE TOTAL OF ANTICIPATED  DISBURSE-
   31  MENTS, INCLUDING TRANSFERS TO OTHER FUNDS, IS NOT GREATER THAN THE TOTAL
   32  OF  ANTICIPATED RECEIPTS, INCLUDING TRANSFERS FROM OTHER FUNDS, PLUS ANY
   33  BALANCE AVAILABLE  IN  SUCH  FUND.  THE  SUMMARY  REPORT  SHALL  FURTHER
   34  DESCRIBE  THE  IMPACT  OF PROPOSED LEGISLATIVE AMENDMENTS ON THE RECEIPT
   35  AND DISBURSEMENT ESTIMATES CONTAINED IN THE EXECUTIVE  BUDGET  FOR  SUCH
   36  FISCAL  YEAR AND FOR THE SUCCEEDING TWO FISCAL YEARS. THE SUMMARY REPORT
   37  SHALL BE IN SUCH FORMAT AS THE DIVISION OF THE BUDGET MAY DETERMINE.
   38    5. THE DIVISION OF THE BUDGET SUMMARY REPORT AS DESCRIBED IN  SUBDIVI-
   39  SION FOUR OF THIS SECTION SHALL BE PLACED ON THE DESKS OF EACH MEMBER OF
   40  THE  LEGISLATURE, AND SHALL BE MADE AVAILABLE TO THE PUBLIC FOR A PERIOD
   41  OF AT LEAST FORTY-EIGHT HOURS PRIOR TO THE PASSAGE OF THE  APPROPRIATION
   42  BILLS AND RELATED LEGISLATION BY EACH HOUSE.
   43    S  6.  Paragraph (a) of subdivision 2 of section 54 of the legislative
   44  law, as added by chapter 1 of the laws of 2007, is amended  to  read  as
   45  follows:
   46    (a)  The legislature shall enact a budget for the upcoming fiscal year
   47  that it determines is balanced in the general fund. THE TOTAL AMOUNT  OF
   48  ALL  FUNDS SPENDING, WHICH SHALL INCLUDE SPENDING FROM ALL STATE REVENUE
   49  SOURCES INCLUDING TAXES, FEES, FINES,  FEDERAL  GRANTS,  BOND  PROCEEDS,
   50  LOTTERY  PROCEEDS AND MISCELLANEOUS RECEIPTS, AND WHICH COMPRISES SPEND-
   51  ING FROM THE GENERAL FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECTS FUND,
   52  DEBT SERVICE FUNDS, INTERNAL SERVICE FUNDS, ENTERPRISE FUNDS AND FIDUCI-
   53  ARY FUNDS, SHALL NOT EXCEED SPENDING IN THE PRIOR YEAR BY MORE THAN  THE
   54  RATE  OF  INFLATION  AS  DETERMINED  BY  THE  PERCENTAGE INCREASE IN THE
   55  CONSUMER PRICE INDEX FOR URBAN WAGE EARNERS AND CLERICAL WORKERS (CPI-W)
   56  PUBLISHED BY THE UNITED STATES DEPARTMENT  OF  LABOR,  BUREAU  OF  LABOR
       A. 9076                             6
    1  STATISTICS; PROVIDED, HOWEVER, THAT SUCH SPENDING MAY EXCEED THE RATE OF
    2  INFLATION  BY THE AMOUNT OF ANY UNEXPECTED FEDERAL FUNDS RECEIVED BY THE
    3  STATE.
    4    S  7.  Section  22 of the state finance law is amended by adding a new
    5  subdivision 17 to read as follows:
    6    17. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  THE  BUDGET
    7  SUBMITTED PURSUANT TO THIS SECTION SHALL NOT PROVIDE FOR TOTAL ALL FUNDS
    8  SPENDING  IN  AN AMOUNT WHICH EXCEEDS SPENDING IN THE PRIOR YEAR BY MORE
    9  THAN THE RATE OF INFLATION AS DETERMINED BY THE PERCENTAGE  INCREASE  IN
   10  THE  CONSUMER  PRICE  INDEX  FOR URBAN WAGE EARNERS AND CLERICAL WORKERS
   11  (CPI-W) PUBLISHED BY THE UNITED STATES DEPARTMENT OF  LABOR,  BUREAU  OF
   12  LABOR  STATISTICS. FOR THE PURPOSES OF THIS SUBDIVISION ALL FUNDS SPEND-
   13  ING SHALL INCLUDE SPENDING FROM  ALL  STATE  REVENUE  SOURCES  INCLUDING
   14  TAXES,  FEES, FINES, FEDERAL GRANTS, BOND PROCEEDS, LOTTERY PROCEEDS AND
   15  MISCELLANEOUS RECEIPTS, AND SHALL COMPRISE  SPENDING  FROM  THE  GENERAL
   16  FUND,  SPECIAL REVENUE FUNDS, CAPITAL PROJECTS FUND, DEBT SERVICE FUNDS,
   17  INTERNAL SERVICE FUNDS, ENTERPRISE FUNDS AND FIDUCIARY FUNDS.
   18    S 8. Of moneys appropriated to state operations and aid to  localities
   19  in the general fund, community projects fund - 007, no such moneys shall
   20  be  appropriated  for  services  and  expenses,  grants  in  aid, or for
   21  contracts with certain not-for-profit agencies, universities,  colleges,
   22  school districts, corporations, and/or municipalities unless such appro-
   23  priation  is  set forth with such specificity as is reasonable to deter-
   24  mine how such moneys shall be expended.
   25    S 9. This act shall take effect immediately; provided however that the
   26  provisions of section three of this act shall take  effect  three  years
   27  after it shall have become a law.
feedback