Bill Text: NY A06098 | 2017-2018 | 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 25-0)
Status: (Introduced - Dead) 2018-06-14 - held for consideration in ways and means [A06098 Detail]
Download: New_York-2017-A06098-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6098 2017-2018 Regular Sessions IN ASSEMBLY February 23, 2017 ___________ Introduced by M. of A. OAKS, BLANKENBUSH, BUTLER, FINCH, GRAF, RA, RAIA, WALTER, LUPINACCI, MURRAY, LAWRENCE, ERRIGO, GARBARINO, NORRIS -- Multi-Sponsored by -- M. of A. BARCLAY, CASTORINA, CROUCH, DiPIETRO, FITZPATRICK, FRIEND, GIGLIO, GOODELL, HAWLEY, JOHNS, KOLB, LOPEZ, McDONOUGH, McLAUGHLIN, B. MILLER -- 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 § 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08402-01-7A. 6098 2 1 budget conference committee, for specific areas of the budget to be 2 determined by the general budget conference committee. Such procedures 3 shall include a requirement that all meetings of the general budget 4 conference committee and of the subcommittees be held in public. The 5 general budget conference committee shall provide estimates of any 6 moneys estimated to be available for the ensuing fiscal year from sourc- 7 es other than in subdivision six of section twenty-three of this arti- 8 cle. Such estimate when combined with those estimates required by 9 subdivision six of section twenty-three of this article shall be all 10 moneys from such sources described in this subdivision estimated to be 11 available to make disbursements authorized by the appropriation bills 12 submitted by the governor pursuant to section three of article seven of 13 the constitution and acted on by the legislature for the ensuing fiscal 14 year. The general budget conference committee shall establish limita- 15 tions on disbursements which may be agreed to by each budget conference 16 subcommittee to insure that total disbursements to be made for the ensu- 17 ing fiscal year do not exceed the final estimate of moneys and revenues 18 available to make such disbursements as provided by subdivision six of 19 section twenty-three of this article. The number of budget conference 20 subcommittees and the membership of the budget conference subcommittee 21 shall be determined by the general budget conference committee; 22 provided, however, that no less than one member of each budget confer- 23 ence subcommittee shall be appointed each by the temporary president of 24 the senate, the minority leader of the senate, the speaker of the assem- 25 bly and the minority leader of the assembly. 26 3. After the establishment of limitations on disbursements for each 27 budget conference subcommittee as provided by subdivision two of this 28 section, each budget conference subcommittee shall convene at a time or 29 times determined by the general budget conference committee and shall 30 report back to the general budget conference committee at a time or 31 times determined by the general budget conference committee on the 32 results of efforts to resolve the differences between each house in the 33 specific areas of the budget assigned to each subcommittee. On 34 completion of efforts to resolve all differences between each house, 35 each budget conference subcommittee shall submit a final report to the 36 general budget conference committee on the results of such efforts and 37 make recommendations for final action to be taken on the budget bills 38 submitted by the governor for the ensuing fiscal year. Each final report 39 shall also indicate the estimated impact that each recommendation would 40 have on state finances for the ensuing and next two succeeding fiscal 41 years. 42 4. The general budget conference committee shall either approve the 43 final report of each budget conference subcommittee or agree upon 44 modifications of such subcommittee reports, and, the general budget 45 conference committee shall report in writing to the temporary president 46 of the senate, the minority leader of the senate, the speaker of the 47 assembly and the minority leader of the assembly on all recommendations 48 for final action to be taken on the budget bills submitted by the gover- 49 nor for the ensuing fiscal year. The final general conference committee 50 report shall include the estimated impact of any proposed modifications 51 to law that affect receipts for the ensuing and next two succeeding 52 fiscal years. Such final general conference committee report shall be 53 made available to the public. 54 § 2. Subdivisions 1, 2 and 3 of section 40 of the state finance law, 55 as amended by chapter 169 of the laws of 1994, are amended to read as 56 follows:A. 6098 3 1 1. The budget and the budget bills submitted by the governor shall 2 include all appropriations which in the opinion of the governor will be 3 required during the full succeeding fiscal year. In the case of appro- 4 priations for the general support of public schools and the state 5 lottery fund, the budget and the budget bills submitted by the governor 6 shall include all appropriations for the general support of public 7 schools and the state lottery fund which in the opinion of the governor 8 will be required during the next full fiscal year following the succeed- 9 ing fiscal year, and any additional appropriations for the general 10 support of public schools which in the opinion of the governor will be 11 required during the full succeeding fiscal year above, at or below the 12 amounts appropriated for such purposes in the current fiscal year. Such 13 appropriations shall be proposed as separate appropriations applying 14 individually to the succeeding fiscal year and the next succeeding 15 fiscal year. 16 2. (a) No appropriation made at a regular session of the legislature 17 shall, unless the contrary is expressly provided in the act by which 18 such appropriation is made, be available prior to the commencement of 19 the fiscal year for which the budget is adopted at such session, and 20 every appropriation made at such session, except as provided in para- 21 graphs (b), (d), and (e) of this subdivision, shall cease to have force 22 and effect, except as to liabilities already incurred thereunder, at the 23 close of [such] the fiscal year in which such appropriation shall first 24 become available. 25 (b) Every deficiency appropriation made at a regular session of the 26 legislature which by the express terms of the act by which such appro- 27 priation is made shall be available prior to the commencement of the 28 fiscal year for which the budget is adopted at such session shall cease 29 to have force and effect, except as to liabilities already incurred 30 thereunder, at the close of the fiscal year in which such appropriation 31 shall become available. 32 (c) Every appropriation made at an extraordinary session of the legis- 33 lature shall, unless the contrary is expressly provided in the act by 34 which such appropriation is made, be available immediately upon the 35 taking effect of such act and shall cease to have force and effect, 36 except as to liabilities already incurred thereunder, at the close of 37 the fiscal year in which such appropriation shall become available. 38 (d) Every appropriation enacted in the fund type special revenue 39 funds-federal for a grant period which extends beyond [March thirty-40first] April thirtieth of the fiscal year in which the appropriations 41 are enacted shall be available for liabilities incurred during such 42 grant period after such [March thirty-first] April thirtieth date. 43 (e) All state operations appropriations made to the city university of 44 New York and the state university of New York shall cease to have force 45 and effect, except as to liabilities already incurred thereunder, as of 46 the thirtieth day of June immediately following the state fiscal year 47 for which they are enacted. 48 3. Every appropriation for whatever purpose which at the close of the 49 fiscal year in which such appropriation shall first become available, 50 shall cease to have force and effect except as to liabilities already 51 incurred thereunder shall as to such liabilities continue in force and 52 effect until the dates specified in paragraphs (a), (b), (c) and (d) of 53 this subdivision, on which dates such appropriation shall lapse and no 54 money shall thereafter be paid out of the state treasury or any of its 55 funds or any of the funds under its management pursuant to such appro- 56 priation.A. 6098 4 1 (a) Except for appropriations made to the city university of New York 2 and the state university of New York, all state operations appropri- 3 ations including special revenue funds-federal appropriations continued 4 pursuant to paragraph (d) of subdivision two of this section shall lapse 5 on the [thirtieth] thirty-first day of [June] July immediately following 6 the close of the fiscal year. The appropriations made to the city 7 university of New York or the state university of New York shall lapse 8 on the thirtieth day of September immediately following the close of the 9 fiscal year. 10 (b) All aid to localities appropriations including special revenue 11 funds-federal appropriations continued pursuant to paragraph (d) of 12 subdivision two of this section shall lapse on the fifteenth day of 13 [September] October immediately following the close of the fiscal year. 14 (c) All capital projects appropriations shall lapse on the fifteenth 15 day of [September] October immediately following the close of the fiscal 16 year. 17 (d) All other appropriations shall lapse on the fifteenth day of 18 [September] October immediately following the close of the fiscal year. 19 § 3. Subdivisions 3 and 4 of section 92 of the state finance law, as 20 separately amended by chapters 405 and 957 of the laws of 1981, are 21 amended to read as follows: 22 3. At the close of each fiscal year any cash surplus remaining in the 23 general fund over and above the norm for such fiscal year shall be 24 transferred from or retained in such fund as hereinafter in this subdi- 25 vision provided. There shall be transferred to the tax stabilization 26 reserve fund all of such surplus moneys, up to and including an amount 27 equivalent to [two-tenths] one-half of one per centum of such norm, 28 unless such transfer would increase such reserve fund to an amount in 29 excess of [two] five per centum of the amount of the norm for such 30 fiscal year, in which event such transfer shall be limited to such 31 amount as will increase such reserve fund to such [two] five per centum 32 limitation. Any balance of such surplus moneys, thereafter remaining in 33 the general fund, shall be retained in such fund and be available for 34 the reduction of state taxes. 35 4. In the event that at the close of any fiscal year the receipts 36 derived from the taxes, fees and other sources, required to be paid 37 during such fiscal year into the general fund of the state shall fall 38 below the norm for such fiscal year, there shall be transferred from the 39 tax stabilization reserve fund to the general fund to the extent that 40 there are sufficient moneys in the tax stabilization reserve fund, an 41 amount equal to the difference between the norm and the amount of such 42 receipts. If such transfer reduces the tax stabilization reserve fund to 43 an amount less than [two] five per centum of the norm for such fiscal 44 year, the amount so transferred shall be repaid in cash prior to the 45 computation and payment of any transfer to the fund pursuant to subdivi- 46 sion three of this section in not less than three equal annual install- 47 ments within the period of six years or less next succeeding the date of 48 such transfer; provided, however, that if any such annual installment 49 shall increase such reserve fund to an amount in excess of [two] five 50 per centum of the amount of the norm for the then current fiscal year, 51 such installment shall be limited to such amount as will increase such 52 reserve fund to such [two] five per centum limitation and no further 53 repayment of the whole or any part of such transfer shall be required in 54 any subsequent fiscal year. Repayments to the tax stabilization reserve 55 fund shall be stipulated in annual budget bills.A. 6098 5 1 § 4. The legislative law is amended by adding a new section 53-a to 2 read as follows: 3 § 53-a. Failure to enact a timely state budget. After the commence- 4 ment of the fiscal year of the state, until all the appropriation bills 5 submitted by the governor for that fiscal year and all the bills submit- 6 ted by the governor containing the proposed legislation recommended in 7 the budget for that fiscal year shall have been finally acted on by both 8 houses of the legislature, neither house shall consider or take any 9 action whatsoever on any other bill, resolution or other matter pending 10 before either such house or any committee thereof, except for appropri- 11 ation bills submitted to the legislature on message from the governor 12 certifying to the necessity of the immediate passage of such bill. 13 § 5. Section 54 of the legislative law is amended by adding three new 14 subdivisions 3, 4 and 5 to read as follows: 15 3. When both houses are in agreement and prepared to finally act on 16 the appropriation bills submitted by the governor in accordance with 17 article seven of the constitution, the secretary of the senate finance 18 committee and the secretary of the assembly ways and means committee 19 shall prepare and deliver to the division of the budget a letter that 20 states that both houses are in agreement and prepared to finally act on 21 the appropriation bills and proposed legislation submitted by the gover- 22 nor in accordance with article seven of the constitution. The secretary 23 of the senate finance committee and the secretary of the assembly ways 24 and means committee shall furnish the division of the budget, concurrent 25 with the submission of the joint letter, information sufficient for the 26 preparation of a summary report, including the appropriation bills and 27 proposed legislation on which both houses are in agreement and prepared 28 to act. 29 4. Promptly upon receipt of the joint letter and information described 30 in subdivision three of this section, the division of the budget shall 31 prepare a plain language summary report of the appropriation bills and 32 related legislation to be enacted by the legislature. Such summary 33 report shall be in such a form as to indicate that the budget as amended 34 provides that, for the general fund, the total of anticipated disburse- 35 ments, including transfers to other funds, is not greater than the total 36 of anticipated receipts, including transfers from other funds, plus any 37 balance available in such fund. The summary report shall further 38 describe the impact of proposed legislative amendments on the receipt 39 and disbursement estimates contained in the executive budget for such 40 fiscal year and for the succeeding two fiscal years. The summary report 41 shall be in such format as the division of the budget may determine. 42 5. The division of the budget summary report as described in subdivi- 43 sion four of this section shall be placed on the desks of each member of 44 the legislature, and shall be made available to the public for a period 45 of at least forty-eight hours prior to the passage of the appropriation 46 bills and related legislation by each house. 47 § 6. Paragraph (a) of subdivision 2 of section 54 of the legislative 48 law, as added by chapter 1 of the laws of 2007, is amended to read as 49 follows: 50 (a) The legislature shall enact a budget for the upcoming fiscal year 51 that it determines is balanced in the general fund. The total amount of 52 all funds spending, which shall include spending from all state revenue 53 sources including taxes, fees, fines, federal grants, bond proceeds, 54 lottery proceeds and miscellaneous receipts, and which comprises spend- 55 ing from the general fund, special revenue funds, capital projects fund, 56 debt service funds, internal service funds, enterprise funds and fiduci-A. 6098 6 1 ary funds, shall not exceed spending in the prior year by more than the 2 rate of inflation as determined by the percentage increase in the 3 consumer price index for urban wage earners and clerical workers (CPI-W) 4 published by the United States department of labor, bureau of labor 5 statistics; provided, however, that such spending may exceed the rate of 6 inflation by the amount of any unexpected federal funds received by the 7 state. 8 § 7. Section 22 of the state finance law is amended by adding a new 9 subdivision 17 to read as follows: 10 17. Notwithstanding any provision of law to the contrary, the budget 11 submitted pursuant to this section shall not provide for total all funds 12 spending in an amount which exceeds spending in the prior year by more 13 than the rate of inflation as determined by the percentage increase in 14 the consumer price index for urban wage earners and clerical workers 15 (CPI-W) published by the United States department of labor, bureau of 16 labor statistics. For the purposes of this subdivision all funds spend- 17 ing shall include spending from all state revenue sources including 18 taxes, fees, fines, federal grants, bond proceeds, lottery proceeds and 19 miscellaneous receipts, and shall comprise spending from the general 20 fund, special revenue funds, capital projects fund, debt service funds, 21 internal service funds, enterprise funds and fiduciary funds. 22 § 8. Of moneys appropriated to state operations and aid to localities 23 in the general fund, community projects fund - 007, no such moneys shall 24 be appropriated for services and expenses, grants in aid, or for 25 contracts with certain not-for-profit agencies, universities, colleges, 26 school districts, corporations, and/or municipalities unless such appro- 27 priation is set forth with such specificity as is reasonable to deter- 28 mine how such moneys shall be expended. 29 § 9. This act shall take effect immediately; provided however that the 30 provisions of section three of this act shall take effect three years 31 after it shall have become a law.
