Bill Text: NY A05268 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the state finance law, in relation to the contents of the budget, providing for a "current services budget," a "baseline receipts estimate," public access to budget information and to requiring public hearings by the division of the budget in preparation of the executive budget
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2010-01-06 - referred to ways and means [A05268 Detail]
Download: New_York-2009-A05268-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5268 2009-2010 Regular Sessions I N A S S E M B L Y February 11, 2009 ___________ Introduced by M. of A. MORELLE, FARRELL, DESTITO -- Multi-Sponsored by -- M. of A. ABBATE, CHRISTENSEN, MAGEE, PARMENT, PHEFFER, P. RIVERA, SWEENEY -- read once and referred to the Committee on Ways and Means AN ACT to amend the state finance law, in relation to the contents of the budget, providing for a "current services budget," a "baseline receipts estimate," public access to budget information and to requir- ing public hearings by the division of the budget in preparation of the executive budget THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 22 of the state finance law is amended by adding 2 three new subdivisions 17, 18 and 19 to read as follows: 3 17. (A) INCLUDE A "CURRENT SERVICES BUDGET" PROJECTING THE COST OF 4 CONTINUING LEVELS OF ACTIVITY AND PROGRAMS AUTHORIZED FOR THE CURRENT 5 STATE FISCAL YEAR AS WELL AS PROVISIONS OF LAW SCHEDULED TO TAKE EFFECT 6 THROUGH THE CONCLUSION OF THE ENSUING STATE FISCAL YEAR. CALCULATION OF 7 CURRENT SERVICES BUDGET PROJECTIONS SHALL INCLUDE, BUT NOT BE LIMITED 8 TO, THE FOLLOWING ELEMENTS: 9 (1) ADJUSTMENTS FOR AUTHORIZED INTERCHANGES, TRANSFERS AND DEFICIEN- 10 CIES; 11 (2) ADJUSTMENTS FOR ANNUALIZATIONS, OR THE FULL YEAR COST OF IMPLE- 12 MENTING CURRENT STATE FISCAL YEAR BUDGET ACTIONS, ESPECIALLY NEW INITI- 13 ATIVES WHICH RECEIVED PARTIAL YEAR FUNDING; 14 (3) ELIMINATION OF NON-RECURRING COSTS; 15 (4) ADJUSTMENTS FOR INFLATION COSTS ASSOCIATED WITH MEETING NONPER- 16 SONAL SERVICE EXPENDITURES; 17 (5) ADJUSTMENTS FOR NEGOTIATED PERSONAL SERVICE CONTRACTUAL AGREEMENTS 18 AND RELATED FRINGE BENEFIT COSTS; AND 19 (6) ADJUSTMENTS FOR CURRENTLY ENACTED STATUTORY CHANGES SCHEDULED TO 20 TAKE EFFECT IN THE CURRENT OR ENSUING STATE FISCAL YEAR, ENTITLEMENT 21 GROWTH, AND POPULATION DRIVEN SERVICE DELIVERY GROWTH. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08454-01-9 A. 5268 2 1 (B) CURRENT SERVICE BUDGET PROJECTIONS SHALL BE PRESENTED IN A STAND- 2 ARDIZED TABULAR FORMAT SHOWING A COMPARISON WITH CURRENT YEAR APPROPRI- 3 ATIONS, CURRENT YEAR ADJUSTED APPROPRIATIONS AND APPROPRIATIONS RECOM- 4 MENDED BY THE GOVERNOR FOR THE FOLLOWING STATE FISCAL YEAR. THESE 5 COMPARISONS SHALL BE MADE AT THE FOLLOWING LEVEL OF DETAIL, WHERE APPLI- 6 CABLE, AND IN THE FOLLOWING ORDER: 7 (1) STATE AGENCY RECEIVING AN APPROPRIATION, MISCELLANEOUS AGENCY OR 8 APPROPRIATION, GENERAL STATE CHARGES, DEBT SERVICE, PUBLIC AUTHORITY, 9 LEGISLATURE AND JUDICIARY; 10 (2) PROGRAM; 11 (3) PURPOSE WHICH SHALL INCLUDE STATE OPERATIONS, LOCAL ASSISTANCE, 12 AND CAPITAL PROJECTS; 13 (4) FUND TYPE WHICH SHALL INCLUDE GENERAL FUND, SPECIAL REVENUE FUNDS, 14 CAPITAL PROJECT FUNDS, DEBT SERVICE FUNDS AND FEDERAL FUNDS; AND 15 (5) OBJECT LEVEL WHICH SHALL INCLUDE PERSONAL SERVICE, NONPERSONAL 16 SERVICE, AND MAINTENANCE UNDISTRIBUTED. 17 (C) ACCOMPANYING THE STANDARDIZED TABULAR COMPARISON SHALL BE A BRIEF 18 NARRATIVE DESCRIPTION INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: 19 (1) EFFECTS OF THE GOVERNOR'S RECOMMENDED APPROPRIATIONS ON THE 20 CURRENT SERVICES BUDGET INCLUDING ANY CHANGES THE AGENCY WILL BE 21 REQUIRED TO MAKE TO PROVIDE THESE SERVICES AT THE RECOMMENDED FUNDING 22 LEVEL; AND 23 (2) ELEMENTS INCLUDED IN THE CURRENT SERVICES BUDGET CALCULATION 24 TOGETHER WITH COST PROJECTIONS AND RATES, WHERE APPLICABLE, BY PROGRAM 25 FOR ANNUALIZATIONS AND NON-RECURRING ITEMS, INFLATION, NEGOTIATED 26 PERSONAL SERVICE CONTRACTUAL AGREEMENTS AND RELATED FRINGE BENEFITS, AND 27 ANY STATUTORY, ENTITLEMENT, AND POPULATION DRIVEN SERVICE GROWTH. 28 18. (A) INCLUDE A "BASELINE RECEIPTS ESTIMATE" PROJECTING STATE 29 RECEIPTS UNDER CURRENTLY ENACTED LAW AS WELL AS PROVISIONS OF LAW SCHED- 30 ULED TO TAKE EFFECT IN THE ENSUING STATE FISCAL YEAR. THE BASELINE 31 RECEIPTS ESTIMATE SHALL BE PRESENTED IN A STANDARDIZED TABULAR FORMAT 32 SHOWING A COMPARISON WITH PRIOR YEAR ACTUAL RECEIPTS, CURRENT YEAR 33 PROJECTED RECEIPTS, AND RECEIPTS PROJECTED FOR THE ENSUING STATE FISCAL 34 YEAR. THE BASELINE RECEIPTS ESTIMATE PROJECTED FOR THE ENSUING STATE 35 FISCAL YEAR SHALL INCLUDE A SEPARATE PROJECTION FOR RECEIPTS UNDER 36 CURRENTLY ENACTED LAW, A SEPARATE PROJECTION FOR RECEIPTS WHICH ASSUMES 37 THE SAME LAW, INCLUDING THE SAME TAX STRUCTURE, IS IN PLACE FOR THE 38 ENSUING YEAR AS IN THE CURRENT YEAR, AND A SEPARATE PROJECTION FOR ANY 39 LAW CHANGES PROPOSED BY THE GOVERNOR. THESE COMPARISONS SHALL BE MADE AT 40 THE FOLLOWING LEVEL OF DETAIL, WHERE APPLICABLE: 41 (1) FUND TYPE WHICH SHALL INCLUDE GENERAL FUND, SPECIAL REVENUE FUNDS, 42 CAPITAL PROJECT FUNDS, DEBT SERVICE FUNDS AND FEDERAL FUNDS; 43 (2) TAX; 44 (3) MISCELLANEOUS RECEIPTS BY EACH COMPONENT PART; AND 45 (4) ANY OTHER REVENUE SOURCE WHICH ACCOUNTS FOR AT LEAST ONE-TENTH OF 46 ONE PER CENTUM OF ALL RECEIPTS WITHIN EACH FUND TYPE. 47 (B) ACCOMPANYING THE STANDARDIZED TABULAR COMPARISON SHALL BE A BRIEF 48 NARRATIVE DESCRIPTION OF THE UNDERLYING ECONOMIC ASSUMPTIONS USED IN 49 PROJECTING THE BASELINE RECEIPTS ESTIMATE TOGETHER WITH MAJOR ECONOMIC 50 VARIABLES USED INCLUDING BUT NOT LIMITED TO WAGES, EMPLOYMENT, INTEREST 51 RATES, INFLATION, CORPORATE PROFITS AND PROPERTY INCOME. 52 (C) THE BASELINE RECEIPTS ESTIMATE SHALL ALSO INCLUDE, PRESENTED IN A 53 STANDARDIZED TABULAR FORMAT, A COMPARISON OF THE ESTIMATES FOR THE 54 ECONOMIC VARIABLES USED TO PROJECT THE CURRENT AND ENSUING YEAR'S 55 RECEIPTS ESTIMATES WITH THE PRIOR YEAR ACTUAL DATA SERIES AS NATIONALLY 56 PUBLISHED BY THE UNITED STATES GOVERNMENT. IF A SERIES OF DATA IS USED A. 5268 3 1 TO ESTIMATE RECEIPTS IN THE CURRENT OR ENSUING YEAR, BUT DIFFERS FROM A 2 SERIES OF DATA NATIONALLY PUBLISHED BY THE UNITED STATES GOVERNMENT, 3 THEN AN ESTIMATION CONSISTENT WITH THE SERIES OF DATA NATIONALLY 4 PUBLISHED BY THE UNITED STATES GOVERNMENT MUST BE PROVIDED. 5 19. INCLUDE IN THE EXECUTIVE BUDGET DOCUMENT INFORMATION WHICH WILL 6 CONTRIBUTE TO AND FACILITATE THE PUBLIC'S UNDERSTANDING OF THE BUDGET 7 AND BUDGET PROCESS. SUCH INFORMATION SHALL INCLUDE BUT NOT BE LIMITED 8 TO: A DESCRIPTION OF THE PURPOSE FOR EACH DEPARTMENT AND AGENCY, THE 9 STATUTORY AUTHORIZATION FOR EACH DEPARTMENT OR AGENCY, A SUMMARY OF THE 10 PURPOSE OF EACH BUDGETARY PROGRAM IN EACH DEPARTMENT OR AGENCY, THE 11 PRESENTATION OF DEPARTMENTAL ORGANIZATION CHARTS AND, IN THE CASE OF THE 12 EXECUTIVE DEPARTMENT, ORGANIZATION CHARTS FOR EACH AGENCY THEREOF; AND 13 INFORMATION ABOUT HOW THE PUBLIC MAY CONTACT EACH DEPARTMENT AND AGENCY 14 FOR FURTHER INFORMATION. 15 S 2. Section 23 of the state finance law is amended by adding a new 16 subdivision 7 to read as follows: 17 7. NOTIFICATION. INFORMATION REQUIRED BY SUBDIVISIONS ONE, THREE, 18 FIVE, EIGHT, NINE, TEN, ELEVEN, AND THIRTEEN OF SECTION TWENTY-TWO OF 19 THIS ARTICLE SHALL BE REVISED TO REFLECT LEGISLATIVE ACTION ON THE EXEC- 20 UTIVE BUDGET AND SHALL BE PRESENTED TO THE LEGISLATURE AND THE PUBLIC 21 WITHIN THIRTY DAYS OF FINAL LEGISLATIVE ACTION ON APPROPRIATION BILLS, 22 NOT INCLUDING ANY DEFICIENCY OR SUPPLEMENTARY APPROPRIATION BILLS. 23 S 3. The state finance law is amended by adding a new section 28 to 24 read as follows: 25 S 28. PUBLIC ACCESS TO BUDGET INFORMATION. THE GOVERNOR SHALL CAUSE TO 26 BE MADE READILY AVAILABLE TO THE LEGISLATURE AND THE PUBLIC IN ELECTRON- 27 IC FORM, ALL PUBLIC DOCUMENTS PERTAINING TO THE BUDGET PROCESS, INCLUD- 28 ING BUT NOT LIMITED TO THE EXECUTIVE BUDGET DOCUMENT, ALL APPROPRIATION 29 BILLS AND THIRTY-DAY AMENDMENTS. 30 S 4. The state finance law is amended by adding a new section 22-d to 31 read as follows: 32 S 22-D. PUBLIC HEARINGS. IN PREPARATION OF THE EXECUTIVE BUDGET, THE 33 DIVISION OF THE BUDGET NO LATER THAN DECEMBER FIRST OF EACH YEAR, SHALL 34 CONDUCT PUBLIC HEARINGS AT WHICH THE HEAD OF EACH DEPARTMENT, DIVISION 35 AND OFFICE SHALL TESTIFY WITH REGARD TO ITS PROPOSED BUDGET FOR THE 36 ENSUING FISCAL YEAR. THE CHAIRS OR DESIGNATED STAFF OF THE SENATE 37 FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE SHALL 38 RECEIVE COPIES OF SUCH BUDGET PROPOSALS PRIOR TO THE HEARING AND SHALL 39 BE ENTITLED TO PARTICIPATE AND TO MAKE INQUIRIES CONCERNING ANY PART OF 40 THE PROPOSED BUDGET OF SUCH DEPARTMENT, DIVISION AND OFFICE. THE PUBLIC 41 MAY BE INVITED TO TESTIFY AT SUCH HEARINGS. 42 S 5. This act shall take effect immediately.