Bill Text: NY A02437 | 2015-2016 | General Assembly | Introduced

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Bill Title: Enacts the "over-expenditure, under-expenditure, transfer notification (OUT) act" to provide for the use of surplus appropriated funds and over-expenditure approval.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced - Dead) 2016-06-14 - held for consideration in ways and means [A02437 Detail]

Download: New_York-2015-A02437-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2437
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 16, 2015
                                      ___________
       Introduced by M. of A. TEDISCO, McDONOUGH, JOHNS, CERETTO, TENNEY, RAIA,
         HAWLEY,  MONTESANO, PALMESANO, FINCH -- Multi-Sponsored by -- M. of A.
         BARCLAY, CROUCH, GOODELL, KATZ, McLAUGHLIN -- read once  and  referred
         to the Committee on Ways and Means
       AN  ACT  to  amend  the  state  finance law, in relation to enacting the
         "over-expenditure, under-expenditure, transfer notification (OUT) act"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "over-expenditure, under-expenditure,  transfer  notification  (OUT)
    3  act".
    4    S  2. The state finance law is amended by adding a new section 53-e to
    5  read as follows:
    6    S 53-E. SURPLUS APPROPRIATED FUNDS;  OVER-EXPENDITURE  APPROVAL.    1.
    7  DEFINITIONS. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE
    8  THE FOLLOWING MEANINGS:
    9    A.  "STATE  AGENCY"  SHALL  MEAN  ANY STATE DEPARTMENT, BOARD, BUREAU,
   10  DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPO-
   11  RATION, COUNCIL, OFFICE,  OR  OTHER  GOVERNMENTAL  ENTITY  PERFORMING  A
   12  GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE; AND
   13    B.  "SURPLUS APPROPRIATED FUNDS" SHALL MEAN THE AMOUNT OF FUNDS APPRO-
   14  PRIATED TO A STATE AGENCY IN A FISCAL YEAR REDUCED BY THE TOTAL EXPENDI-
   15  TURES BY SUCH STATE AGENCY FOR SUCH FISCAL YEAR,  BUT  SUCH  TERM  SHALL
   16  ONLY APPLY TO AMOUNTS OF FUNDS GREATER THAN ZERO.
   17    2.  SURPLUS APPROPRIATED FUNDS. A. NOTWITHSTANDING ANY OTHER PROVISION
   18  OF LAW, ANY STATE AGENCY WHICH ON APRIL FIRST HAS  SURPLUS  APPROPRIATED
   19  FUNDS  SHALL,  ON  OR  BEFORE  APRIL  FIFTEENTH OF SUCH YEAR, NOTIFY THE
   20  GOVERNOR, THE COMPTROLLER AND  THE  LEGISLATURE  THAT  SUCH  AGENCY  HAS
   21  SURPLUS  APPROPRIATED FUNDS AND THE AMOUNT OF SUCH SURPLUS. UPON RECEIPT
   22  OF SUCH NOTIFICATION, THE LEGISLATURE AND THE GOVERNOR MAY, ON OR BEFORE
   23  MAY THIRTY-FIRST OF SUCH YEAR, ENACT  LEGISLATION  PROVIDING  THAT  SUCH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02630-01-5
       A. 2437                             2
    1  SURPLUS  APPROPRIATED  FUNDS  MAY BE USED BY SUCH STATE AGENCY OR TRANS-
    2  FERRED TO ANOTHER STATE AGENCY OR BOTH. SUCH LEGISLATION  SHALL  CLEARLY
    3  SET  FORTH  THE  PARTICULAR  PURPOSE  OR PURPOSES FOR WHICH SUCH SURPLUS
    4  APPROPRIATED FUNDS SHALL BE USED OR TRANSFERRED. ANY LEGISLATION ENACTED
    5  PURSUANT TO THIS SUBDIVISION SHALL CONTAIN A CONDITION THAT SUCH SURPLUS
    6  APPROPRIATED  FUNDS  SHALL  NOT BE USED AS SET FORTH IN SUCH LEGISLATION
    7  WITHOUT THE APPROVAL OF THE STATE COMPTROLLER.
    8    B. ON OR BEFORE JUNE THIRTIETH  OF  SUCH  YEAR,  THE  COMPTROLLER  MAY
    9  APPROVE  THE  USE OR TRANSFER OF FUNDS PROVIDED FOR IN THIS SUBDIVISION.
   10  IF THE COMPTROLLER FAILS TO APPROVE SUCH USE OR  TRANSFER  OF  FUNDS  BY
   11  JUNE  THIRTIETH  OF  SUCH YEAR, SUCH SURPLUS APPROPRIATED FUNDS SHALL BE
   12  TRANSFERRED TO THE GENERAL FUND AND SHALL BE USED FOR THE  SOLE  PURPOSE
   13  OF REDUCING DEBT OF THE STATE.
   14    C.  ANY  SURPLUS  APPROPRIATED FUNDS FOR WHICH THE LEGISLATURE AND THE
   15  GOVERNOR FAIL TO ENACT LEGISLATION PROVIDING FOR THE USE OR TRANSFER  OF
   16  SUCH  FUNDS  SHALL  BE TRANSFERRED TO THE GENERAL FUND AND SHALL BE USED
   17  FOR THE SOLE PURPOSE OF REDUCING DEBT OF THE STATE.
   18    3. OVER-EXPENDITURE APPROVAL. NOTWITHSTANDING ANY OTHER  PROVISION  OF
   19  LAW,  ANY  STATE AGENCY WHICH FOR ANY REASON INTENDS TO EXPEND FUNDS FOR
   20  ANY PURPOSE IN ANY FISCAL YEAR IN AN AMOUNT GREATER THAN AMOUNTS  APPRO-
   21  PRIATED  TO  SUCH  AGENCY  FOR  SUCH  FISCAL  YEAR, SHALL, PRIOR TO SUCH
   22  EXPENDITURE, NOTIFY THE GOVERNOR, THE COMPTROLLER  AND  THE  LEGISLATURE
   23  REGARDING SUCH INTENTION WITH A DETAILED EXPLANATION OF WHY SUCH EXPEND-
   24  ITURE  IS  NECESSARY. UPON RECEIPT OF SUCH NOTIFICATION, THE LEGISLATURE
   25  AND THE GOVERNOR MAY ENACT LEGISLATION PROVIDING  FOR  AN  APPROPRIATION
   26  FOR  SUCH  EXPENDITURE.  SUCH  LEGISLATION  SHALL  CLEARLY SET FORTH THE
   27  PARTICULAR PURPOSE OR PURPOSES FOR WHICH SUCH APPROPRIATION IS MADE. ANY
   28  LEGISLATION ENACTED PURSUANT TO THIS SUBDIVISION SHALL CONTAIN A  CONDI-
   29  TION  THAT  SUCH FUNDS SHALL NOT BE APPROPRIATED WITHOUT THE APPROVAL OF
   30  THE STATE COMPTROLLER.
   31    S 3. This act shall take effect immediately.