Bill Text: NY S00486 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to prohibiting the diversion of funds for purposes other than those for which the funds were originally intended.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-10 - OPINION REFERRED TO JUDICIARY [S00486 Detail]
Download: New_York-2017-S00486-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 486 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 7 of the constitution, in relation to the diversion of dedicated funds 1 Section 1. Resolved (if the Assembly concur), That article 7 of the 2 constitution be amended by adding a new section 20 to read as follows: 3 § 20. Restrictions on diversion of dedicated funds; declaration of 4 fiscal emergency. 1. The legislature shall not divert revenues derived 5 from taxes and fees paid by the public into any dedicated fund for 6 purposes other than those for which that fund was intended. Prohibited 7 diversions shall include, without limitation: 8 (a) budgetary transfers of dedicated fund revenues into the general 9 fund of the state or into any other fund maintained for the support of 10 another governmental purpose; 11 (b) administrative acts by the executive that would transfer dedicated 12 fund revenues into the general fund of the state or into any other fund 13 maintained for the support of another governmental purpose; 14 (c) addition, by statute or administrative action, of new purposes for 15 which appropriation shall be made available for use of dedicated fund 16 revenues, including addition of new purposes into dedicated fund enact- 17 ing legislation; and 18 (d) removal, by statute or administrative action, of sources of reven- 19 ue created by statute, unless replaced with a greater source of dedi- 20 cated revenue. 21 2. The only instance in which dedicated revenues may be diverted shall 22 be upon declaration of a fiscal emergency by the governor, which shall 23 be accompanied by a diversion impact statement. 24 (a) A fiscal emergency may be declared by the governor and diversion 25 of funds may be authorized if the governor needs the revenues to repel 26 invasion, suppress insurrection, defend the state after a declaration of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89007-01-7S. 486 2 1 war, respond to an act of terrorism, or respond to a natural disaster. 2 Prior to diverting revenues, the governor shall notify the majority and 3 minority leadership of the legislature. The diversion impact statement 4 may be provided retroactively under these circumstances. 5 (b) No other diversions shall be authorized until the governor 6 declares a state of fiscal emergency to the majority and minority lead- 7 ership of the legislature, which shall, by concurrent resolution, ratify 8 this fiscal emergency declaration. The assent of two-thirds of the 9 members elected to the legislature shall be requisite to pass such 10 resolution and any legislative appropriations that authorize the diver- 11 sion of funds. 12 (c) If any diversion of funds occurs upon declaration of fiscal emer- 13 gency during a regular or extraordinary session of the legislature, the 14 budget or legislation diverting funds shall include a diversion impact 15 statement which includes the following information: 16 (i) The amount diverted from each fund; 17 (ii) The cumulative amount diverted from each of the funds subject to 18 diversion during the preceding five years, which shall also be categor- 19 ized by fund type; 20 (iii) The date or dates when the diversion or diversions are to occur; 21 (iv) A detailed estimate of the impact of diversion from each fund; 22 and 23 (v) The purpose for which the funds will be diverted. 24 (d) The diversion impact statement may be provided retroactively upon 25 declaration of a fiscal emergency under the circumstances of paragraph 26 (a) of this subdivision. The diversion impact statement shall be 27 provided concurrently with the governor's fiscal emergency declaration 28 and prior to introduction of the concurrent legislative resolution if 29 the fiscal emergency is declared pursuant to paragraph (b) of this 30 subdivision. 31 (e) Notwithstanding paragraph (a) of this subdivision, a fiscal emer- 32 gency may only be declared if certain economic conditions are met. 33 These indicators and the process for briefing the legislature and public 34 shall be established by statute. If the fiscal emergency declaration is 35 made before passage of the aforementioned statute, the governor shall 36 use the composite index of business cycle indicators established pursu- 37 ant to section 14 of chapter 1 of the laws of 2007. 38 § 2. Resolved (if the Assembly concur), That the foregoing be referred 39 to the first regular legislative session convening after the next 40 succeeding general election of members of the assembly, and, in conform- 41 ity with section 1 of article 19 of the constitution, be published for 3 42 months previous to the time of such election.
