Bill Text: NY A04823 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 4823 (Prior Session Legislation)

Introduced

Bill Title: Relates to establishing a state operating funds spending cap.

Spectrum: Strong Partisan Bill (Republican 19-2)

Status: (Introduced - Dead) 2016-01-06 - referred to ways and means [A04823 Detail]

Download: New_York-2015-A04823-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4823
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2015
                                      ___________
       Introduced  by  M.  of  A. McLAUGHLIN, COOK, TEDISCO, RA, FITZPATRICK --
         Multi-Sponsored by -- M.  of A. ARROYO, BARCLAY, BLANKENBUSH, BORELLI,
         CERETTO,  CORWIN,  CURRAN,  FINCH,  GARBARINO,  GRAF,  HAWLEY,  LALOR,
         MONTESANO,  PALMESANO,  RAIA,  WALTER -- read once and referred to the
         Committee on Ways and Means
       AN ACT to amend the state finance law,  in  relation  to  capping  state
         spending
         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 28
    2  to read as follows:
    3    S 28. ESTABLISHMENT OF ANNUAL SPENDING  CAP.  1.  NOTWITHSTANDING  ANY
    4  OTHER  PROVISION  OF  LAW TO THE CONTRARY, THERE IS HEREBY ESTABLISHED A
    5  STATE OPERATING FUNDS STATE SPENDING CAP.  COMMENCING  THE  FIRST  STATE
    6  FISCAL  YEAR  AFTER THIS SECTION SHALL HAVE BECOME A LAW STATE OPERATING
    7  FUNDS SPENDING SHALL BE CAPPED AT THE RATE  OF  INFLATION,  AS  AVERAGED
    8  OVER THE PRIOR THREE YEARS.
    9    2.  THE  GOVERNOR  SHALL NOT SUBMIT, AND THE LEGISLATURE SHALL NOT ACT
   10  UPON, A BUDGET THAT CONTAINS ANY INCREASE NOT  IN  ACCORDANCE  WITH  THE
   11  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
   12    3.  THE  GOVERNOR  SHALL CERTIFY IN WRITING THAT STATE OPERATING FUNDS
   13  SPENDING IN THE EXECUTIVE BUDGET  DOES  NOT  EXCEED  THE  PROVISIONS  OF
   14  SUBDIVISION ONE OF THIS SECTION.
   15    4.  THE  COMPTROLLER  SHALL PROVIDE, WITHIN FIVE DAYS OF ACTION BY THE
   16  LEGISLATURE UPON THE BUDGET, A DETERMINATION AS  TO  WHETHER  THE  STATE
   17  OPERATING  FUNDS  SPENDING  AS  SET FORTH IN THE STATE BUDGET AS ENACTED
   18  EXCEEDS THE SPENDING CAP.
   19    5. IF THE COMPTROLLER FINDS THAT STATE OPERATING FUNDS SPENDING AS SET
   20  FORTH IN THE STATE BUDGET AS  ENACTED  EXCEEDS  THE  SPENDING  CAP,  THE
   21  LEGISLATURE  SHALL  TAKE  CORRECTIVE  ACTION  TO  ENSURE THAT FUNDING IS
   22  LIMITED TO THE AMOUNT OF THE SPENDING CAP.
   23    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05693-01-5