Bill Text: NY A06048 | 2011-2012 | General Assembly | Introduced

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Bill Title: Enacts the "procedure for informed evaluation of state expenditure decreases act of 2011" to require the governor to submit to the legislature and make available to the public evaluations of proposed and enacted state expenditure decreases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to ways and means [A06048 Detail]

Download: New_York-2011-A06048-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6048
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 4, 2011
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Ways and Means
       AN ACT to amend the state finance law, in  relation  to  establishing  a
         procedure  for  the  informed evaluation of proposed and enacted state
         expenditure decreases
         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 "procedure for informed evaluation of  state  expenditure  decreases
    3  act of 2011".
    4    S 2. Legislative findings. The legislature finds that the expenditures
    5  of  state  funds  for  operations, maintenance, programs, activities and
    6  assistance have significant and complex impacts on the economic,  social
    7  and  environmental  conditions  in  both the public and private sectors.
    8  Federal funding and matching funds from municipal and  private  sources,
    9  for  example, can be affected by changes in levels of state expenditures
   10  and negative secondary impacts from cuts like the  failure  to  maintain
   11  state  property  can damage the health, safety and welfare of the people
   12  and economy of the state.
   13    The legislature further finds that during  a  volatile  economic  time
   14  decisions are made to cut or impound expenditures, eliminate or downsize
   15  programs  and/or  lay off state employees without adequate evaluation of
   16  the consequences thereof.
   17    Therefore, the legislature declares that an analytical process  should
   18  be  required and information therefrom should be available to the public
   19  when a decrease in state expenditure  from  funds  appropriated  in  the
   20  immediate  previous  state budget is proposed in a state budget bill, or
   21  before a reduction in expenditure or  lay  off  of  state  employees  is
   22  imposed during the implementation of an enacted state budget.
   23    S  3. The state finance law is amended by adding a new section 21-a to
   24  read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09397-01-1
       A. 6048                             2
    1    S 21-A. INFORMED EVALUATION OF STATE  EXPENDITURE  DECREASES.  1.  THE
    2  GOVERNOR  SHALL  SUBMIT  TO THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE
    3  AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS  COMMITTEE  FOR  USE  OF
    4  SUCH  COMMITTEES,  AND  PROVIDE THE LEGISLATURE AND THE PUBLIC FOR THEIR
    5  INFORMATION,  (A)  AT  OR  PRIOR TO THE TIME THE BUDGET IS SUBMITTED, AN
    6  EVALUATION PURSUANT TO SUBDIVISION TWO OF THIS SECTION OF THE DIRECT AND
    7  INDIRECT ECONOMIC, SOCIAL AND ENVIRONMENTAL IMPACTS OF ANY  DECREASE  IN
    8  THE  AMOUNT  OF  THE APPROPRIATION FROM THE PREVIOUS FISCAL YEAR FOR ANY
    9  STATE PROGRAM, ACTIVITY OR ASSISTANCE, FOR LOCAL  GOVERNMENT  ASSISTANCE
   10  OR  FOR  A PUBLIC PURPOSE BY A NOT-FOR-PROFIT ORGANIZATION SUPPORTED, IN
   11  WHOLE OR IN PART, BY STATE FUNDS, AND (B) NOT LESS THAN FORTY-FIVE  DAYS
   12  BEFORE  THE  IMPLEMENTATION  OF  THE  IMPOUNDMENT  OF APPROPRIATED FUNDS
   13  AND/OR LAYOFF OF STATE EMPLOYEES AFFECTING, DIRECTLY OR INDIRECTLY,  ANY
   14  STATE  PROGRAM,  ACTIVITY OR ASSISTANCE, FOR LOCAL GOVERNMENT ASSISTANCE
   15  OR FOR A PUBLIC PURPOSE BY A NOT-FOR-PROFIT ORGANIZATION  SUPPORTED,  IN
   16  WHOLE  OR IN PART, BY STATE FUNDS, AN EVALUATION PURSUANT TO SUBDIVISION
   17  TWO OF THIS SECTION OF THE DIRECT  AND  INDIRECT  ECONOMIC,  SOCIAL  AND
   18  ENVIRONMENTAL IMPACTS THEREOF.
   19    2.  AN  EVALUATION  OF  DECREASES OR ELIMINATION OF STATE EXPENDITURES
   20  SHALL INCLUDE, BUT NOT BE LIMITED TO:
   21    (A) IDENTIFICATION OF WHETHER SUCH STATE EXPENDITURE WOULD  HAVE  BEEN
   22  USED FOR A STATUTORY MANDATED PURPOSE, A DESCRIPTION OF SUCH PURPOSE AND
   23  AN ESTIMATE OF FINANCIAL RETURN FROM SUCH FUNDING;
   24    (B)  IDENTIFICATION  OF WHETHER SUCH STATE EXPENDITURE WOULD HAVE BEEN
   25  USED FOR A NON-MANDATED SERVICE;
   26    (C) IDENTIFICATION OF WHETHER THERE HAS BEEN OR  WOULD  BE  A  REVENUE
   27  GENERATOR MULTIPLIER GREATER THAN THE AMOUNT OF THE STATE EXPENDITURE;
   28    (D)  IDENTIFICATION  OF  THE  COST TO THE STATE, MUNICIPALITIES AND/OR
   29  PRIVATE SOURCES, IF ANY, THAT MAY RESULT  FROM  THE  DECREASE  IN  STATE
   30  FUNDING  OR EMPLOYEES, INCLUDING THE LOSS OF MATCHING FUNDS FROM SOURCES
   31  OUTSIDE STATE GOVERNMENT. IN ESTIMATING SUCH COST,  CONSIDERATION  SHALL
   32  BE TAKEN OF THE ABILITY OF THE AFFECTED STATE UNITS AND THEIR ABILITY TO
   33  SUSTAIN  THE  CUTS  AND LOSS, IF ANY, OF REVENUE TO THE STATE OR MUNICI-
   34  PALITIES OR FROM THE MULTIPLIER EFFECT ON THE PRIVATE SECTOR; AND
   35    (E) IDENTIFICATION OF THE ESTIMATED NET BENEFIT TO THE STATE  TREASURY
   36  OF  DECREASES  OR ELIMINATION OF STATE EXPENDITURES AND/OR THE LAYOFF OF
   37  STATE EMPLOYEES.
   38    3. NOT LESS THAN TWENTY DAYS BEFORE SUCH EVALUATION  IS  SUBMITTED  TO
   39  THE  LEGISLATURE,  THE  GOVERNOR SHALL CAUSE TO BE HELD A PUBLIC HEARING
   40  AVAILABLE BY INTERNET WEBCAST ON THE PROPOSED DECREASE IN STATE EXPENDI-
   41  TURE AND/OR LAYOFF WITH THE  OPPORTUNITY  PROVIDED  TO  THE  PUBLIC  FOR
   42  COMMENT  BY ELECTRONIC MAIL. THE RECORD OF AND RESPONSES TO SUCH HEARING
   43  SHALL BE INCLUDED WITH THE SUBMITTAL OF THE EVALUATION TO  THE  LEGISLA-
   44  TURE AND SHALL BE AVAILABLE TO THE PUBLIC.
   45    S 4. This act shall take effect immediately.