Bill Text: NY S04353 | 2011-2012 | 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 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO FINANCE [S04353 Detail]

Download: New_York-2011-S04353-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4353
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 30, 2011
                                      ___________
       Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Finance
       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    S 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
   21  BUDGET  CONFERENCE  COMMITTEE,  FOR  SPECIFIC  AREAS OF THE BUDGET TO BE
   22  DETERMINED BY THE GENERAL BUDGET CONFERENCE COMMITTEE.  SUCH  PROCEDURES
   23  SHALL  INCLUDE  A  REQUIREMENT  THAT  ALL MEETINGS OF THE GENERAL BUDGET
   24  CONFERENCE COMMITTEE AND OF THE SUBCOMMITTEES BE HELD IN  PUBLIC.    THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02427-01-1
       S. 4353                             2
    1  GENERAL  BUDGET  CONFERENCE  COMMITTEE  SHALL  PROVIDE  ESTIMATES OF ANY
    2  MONEYS ESTIMATED TO BE AVAILABLE FOR THE ENSUING FISCAL YEAR FROM SOURC-
    3  ES OTHER THAN IN SUBDIVISION SIX OF SECTION TWENTY-THREE OF  THIS  ARTI-
    4  CLE.    SUCH  ESTIMATE  WHEN  COMBINED  WITH THOSE ESTIMATES REQUIRED BY
    5  SUBDIVISION SIX OF SECTION TWENTY-THREE OF THIS  ARTICLE  SHALL  BE  ALL
    6  MONEYS  FROM  SUCH SOURCES DESCRIBED IN THIS SUBDIVISION ESTIMATED TO BE
    7  AVAILABLE TO MAKE DISBURSEMENTS AUTHORIZED BY  THE  APPROPRIATION  BILLS
    8  SUBMITTED  BY THE GOVERNOR PURSUANT TO SECTION THREE OF ARTICLE SEVEN OF
    9  THE CONSTITUTION AND ACTED ON BY THE LEGISLATURE FOR THE ENSUING  FISCAL
   10  YEAR.  THE  GENERAL  BUDGET CONFERENCE COMMITTEE SHALL ESTABLISH LIMITA-
   11  TIONS ON DISBURSEMENTS WHICH MAY BE AGREED TO BY EACH BUDGET  CONFERENCE
   12  SUBCOMMITTEE TO INSURE THAT TOTAL DISBURSEMENTS TO BE MADE FOR THE ENSU-
   13  ING  FISCAL YEAR DO NOT EXCEED THE FINAL ESTIMATE OF MONEYS AND REVENUES
   14  AVAILABLE TO MAKE SUCH DISBURSEMENTS AS PROVIDED BY SUBDIVISION  SIX  OF
   15  SECTION  TWENTY-THREE  OF  THIS ARTICLE. THE NUMBER OF BUDGET CONFERENCE
   16  SUBCOMMITTEES AND THE MEMBERSHIP OF THE BUDGET  CONFERENCE  SUBCOMMITTEE
   17  SHALL   BE  DETERMINED  BY  THE  GENERAL  BUDGET  CONFERENCE  COMMITTEE;
   18  PROVIDED, HOWEVER, THAT NO LESS THAN ONE MEMBER OF EACH  BUDGET  CONFER-
   19  ENCE  SUBCOMMITTEE SHALL BE APPOINTED EACH BY THE TEMPORARY PRESIDENT OF
   20  THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEM-
   21  BLY AND THE MINORITY LEADER OF THE ASSEMBLY.
   22    3. AFTER THE ESTABLISHMENT OF LIMITATIONS ON  DISBURSEMENTS  FOR  EACH
   23  BUDGET  CONFERENCE  SUBCOMMITTEE  AS PROVIDED BY SUBDIVISION TWO OF THIS
   24  SECTION, EACH BUDGET CONFERENCE SUBCOMMITTEE SHALL CONVENE AT A TIME  OR
   25  TIMES  DETERMINED  BY  THE GENERAL BUDGET CONFERENCE COMMITTEE AND SHALL
   26  REPORT BACK TO THE GENERAL BUDGET CONFERENCE  COMMITTEE  AT  A  TIME  OR
   27  TIMES  DETERMINED  BY  THE  GENERAL  BUDGET  CONFERENCE COMMITTEE ON THE
   28  RESULTS OF EFFORTS TO RESOLVE THE DIFFERENCES BETWEEN EACH HOUSE IN  THE
   29  SPECIFIC   AREAS  OF  THE  BUDGET  ASSIGNED  TO  EACH  SUBCOMMITTEE.  ON
   30  COMPLETION OF EFFORTS TO RESOLVE ALL  DIFFERENCES  BETWEEN  EACH  HOUSE,
   31  EACH  BUDGET  CONFERENCE SUBCOMMITTEE SHALL SUBMIT A FINAL REPORT TO THE
   32  GENERAL BUDGET CONFERENCE COMMITTEE ON THE RESULTS OF SUCH  EFFORTS  AND
   33  MAKE  RECOMMENDATIONS  FOR  FINAL ACTION TO BE TAKEN ON THE BUDGET BILLS
   34  SUBMITTED BY THE GOVERNOR FOR THE ENSUING FISCAL YEAR. EACH FINAL REPORT
   35  SHALL ALSO INDICATE THE ESTIMATED IMPACT THAT EACH RECOMMENDATION  WOULD
   36  HAVE  ON  STATE  FINANCES FOR THE ENSUING AND NEXT TWO SUCCEEDING FISCAL
   37  YEARS.
   38    4. THE GENERAL BUDGET CONFERENCE COMMITTEE SHALL  EITHER  APPROVE  THE
   39  FINAL  REPORT  OF  EACH  BUDGET  CONFERENCE  SUBCOMMITTEE  OR AGREE UPON
   40  MODIFICATIONS OF SUCH SUBCOMMITTEE  REPORTS,  AND,  THE  GENERAL  BUDGET
   41  CONFERENCE  COMMITTEE SHALL REPORT IN WRITING TO THE TEMPORARY PRESIDENT
   42  OF THE SENATE, THE MINORITY LEADER OF THE SENATE,  THE  SPEAKER  OF  THE
   43  ASSEMBLY  AND THE MINORITY LEADER OF THE ASSEMBLY ON ALL RECOMMENDATIONS
   44  FOR FINAL ACTION TO BE TAKEN ON THE BUDGET BILLS SUBMITTED BY THE GOVER-
   45  NOR FOR THE ENSUING FISCAL YEAR. THE FINAL GENERAL CONFERENCE  COMMITTEE
   46  REPORT  SHALL INCLUDE THE ESTIMATED IMPACT OF ANY PROPOSED MODIFICATIONS
   47  TO LAW THAT AFFECT RECEIPTS FOR THE  ENSUING  AND  NEXT  TWO  SUCCEEDING
   48  FISCAL  YEARS.   SUCH FINAL GENERAL CONFERENCE COMMITTEE REPORT SHALL BE
   49  MADE AVAILABLE TO THE PUBLIC.
   50    S 2. Subdivisions 1, 2 and 3 of section 40 of the state  finance  law,
   51  as  amended  by  chapter 169 of the laws of 1994, are amended to read as
   52  follows:
   53    1. The budget and the budget bills submitted  by  the  governor  shall
   54  include  all appropriations which in the opinion of the governor will be
   55  required during the full succeeding fiscal year.  IN THE CASE OF  APPRO-
   56  PRIATIONS  FOR  THE  GENERAL  SUPPORT  OF  PUBLIC  SCHOOLS AND THE STATE
       S. 4353                             3
    1  LOTTERY FUND, THE BUDGET AND THE BUDGET BILLS SUBMITTED BY THE  GOVERNOR
    2  SHALL  INCLUDE  ALL  APPROPRIATIONS  FOR  THE  GENERAL SUPPORT OF PUBLIC
    3  SCHOOLS AND THE STATE LOTTERY FUND WHICH IN THE OPINION OF THE  GOVERNOR
    4  WILL BE REQUIRED DURING THE NEXT FULL FISCAL YEAR FOLLOWING THE SUCCEED-
    5  ING  FISCAL  YEAR,  AND  ANY  ADDITIONAL  APPROPRIATIONS FOR THE GENERAL
    6  SUPPORT OF PUBLIC SCHOOLS WHICH IN THE OPINION OF THE GOVERNOR  WILL  BE
    7  REQUIRED  DURING  THE FULL SUCCEEDING FISCAL YEAR ABOVE, AT OR BELOW THE
    8  AMOUNTS APPROPRIATED FOR SUCH PURPOSES IN THE CURRENT FISCAL YEAR.  SUCH
    9  APPROPRIATIONS  SHALL  BE  PROPOSED  AS SEPARATE APPROPRIATIONS APPLYING
   10  INDIVIDUALLY TO THE SUCCEEDING  FISCAL  YEAR  AND  THE  NEXT  SUCCEEDING
   11  FISCAL YEAR.
   12    2.  (a)  No appropriation made at a regular session of the legislature
   13  shall, unless the contrary is expressly provided in  the  act  by  which
   14  such  appropriation  is  made, be available prior to the commencement of
   15  the fiscal year for which the budget is adopted  at  such  session,  and
   16  every  appropriation  made  at such session, except as provided in para-
   17  graphs (b), (d), and (e) of this subdivision, shall cease to have  force
   18  and effect, except as to liabilities already incurred thereunder, at the
   19  close  of [such] THE fiscal year IN WHICH SUCH APPROPRIATION SHALL FIRST
   20  BECOME AVAILABLE.
   21    (b) Every deficiency appropriation made at a regular  session  of  the
   22  legislature  which  by the express terms of the act by which such appro-
   23  priation is made shall be available prior to  the  commencement  of  the
   24  fiscal  year for which the budget is adopted at such session shall cease
   25  to have force and effect, except  as  to  liabilities  already  incurred
   26  thereunder,  at the close of the fiscal year in which such appropriation
   27  shall become available.
   28    (c) Every appropriation made at an extraordinary session of the legis-
   29  lature shall, unless the contrary is expressly provided in  the  act  by
   30  which  such  appropriation  is  made,  be available immediately upon the
   31  taking effect of such act and shall cease  to  have  force  and  effect,
   32  except  as  to  liabilities already incurred thereunder, at the close of
   33  the fiscal year in which such appropriation shall become available.
   34    (d) Every appropriation enacted  in  the  fund  type  special  revenue
   35  funds-federal  for  a  grant  period which extends beyond [March thirty-
   36  first] APRIL THIRTIETH of the fiscal year in  which  the  appropriations
   37  are  enacted  shall  be  available  for liabilities incurred during such
   38  grant period after such [March thirty-first] APRIL THIRTIETH date.
   39    (e) All state operations appropriations made to the city university of
   40  New York and the state university of New York shall cease to have  force
   41  and  effect, except as to liabilities already incurred thereunder, as of
   42  the thirtieth day of June immediately following the  state  fiscal  year
   43  for which they are enacted.
   44    3.  Every appropriation for whatever purpose which at the close of the
   45  fiscal year IN WHICH SUCH APPROPRIATION SHALL  FIRST  BECOME  AVAILABLE,
   46  shall  cease  to  have force and effect except as to liabilities already
   47  incurred thereunder shall as to such liabilities continue in  force  and
   48  effect  until the dates specified in paragraphs (a), (b), (c) and (d) of
   49  this subdivision, on which dates such appropriation shall lapse  and  no
   50  money  shall  thereafter be paid out of the state treasury or any of its
   51  funds or any of the funds under its management pursuant to  such  appro-
   52  priation.
   53    (a)  Except for appropriations made to THE city university of New York
   54  and the state university of New York,  all  state  operations  appropri-
   55  ations  including special revenue funds-federal appropriations continued
   56  pursuant to paragraph (d) of subdivision two of this section shall lapse
       S. 4353                             4
    1  on the [thirtieth] THIRTY-FIRST day of [June] JULY immediately following
    2  the close of the fiscal  year.  The  appropriations  made  to  the  city
    3  university  of  New York or the state university of New York shall lapse
    4  on the thirtieth day of September immediately following the close of the
    5  fiscal year.
    6    (b)  All  aid  to  localities appropriations including special revenue
    7  funds-federal appropriations continued  pursuant  to  paragraph  (d)  of
    8  subdivision  two  of  this  section  shall lapse on the fifteenth day of
    9  [September] OCTOBER immediately following the close of the fiscal year.
   10    (c) All capital projects appropriations shall lapse on  the  fifteenth
   11  day of [September] OCTOBER immediately following the close of the fiscal
   12  year.
   13    (d)  All  other  appropriations  shall  lapse  on the fifteenth day of
   14  [September] OCTOBER immediately following the close of the fiscal year.
   15    S 3. Subdivisions 3 and 4 of section 92 of the state finance  law,  as
   16  separately  amended  by  chapters  405  and 957 of the laws of 1981, are
   17  amended to read as follows:
   18    3. At the close of each fiscal year any cash surplus remaining in  the
   19  general  fund  over  and  above  the  norm for such fiscal year shall be
   20  transferred from or retained in such fund as hereinafter in this  subdi-
   21  vision  provided.  There  shall  be transferred to the tax stabilization
   22  reserve fund all of such surplus moneys, up to and including  an  amount
   23  equivalent  to  [two-tenths]  ONE-HALF  of  one per centum of such norm,
   24  unless such transfer would increase such reserve fund to  an  amount  in
   25  excess  of  [two]  FIVE  per  centum  of the amount of the norm for such
   26  fiscal year, in which event such  transfer  shall  be  limited  to  such
   27  amount  as will increase such reserve fund to such [two] FIVE per centum
   28  limitation. Any balance of such surplus moneys, thereafter remaining  in
   29  the  general  fund,  shall be retained in such fund and be available for
   30  the reduction of state taxes.
   31    4. In the event that at the close of  any  fiscal  year  the  receipts
   32  derived  from  the  taxes,  fees  and other sources, required to be paid
   33  during such fiscal year into the general fund of the  state  shall  fall
   34  below the norm for such fiscal year, there shall be transferred from the
   35  tax  stabilization  reserve  fund to the general fund to the extent that
   36  there are sufficient moneys in the tax stabilization  reserve  fund,  an
   37  amount  equal  to the difference between the norm and the amount of such
   38  receipts. If such transfer reduces the tax stabilization reserve fund to
   39  an amount less than [two] FIVE per centum of the norm  for  such  fiscal
   40  year,  the  amount  so  transferred shall be repaid in cash prior to the
   41  computation and payment of any transfer to the fund pursuant to subdivi-
   42  sion three of this section in not less than three equal annual  install-
   43  ments within the period of six years or less next succeeding the date of
   44  such  transfer;  provided,  however, that if any such annual installment
   45  shall increase such reserve fund to an amount in excess  of  [two]  FIVE
   46  per  centum  of the amount of the norm for the then current fiscal year,
   47  such installment shall be limited to such amount as will  increase  such
   48  reserve  fund  to  such  [two] FIVE per centum limitation and no further
   49  repayment of the whole or any part of such transfer shall be required in
   50  any subsequent fiscal year. Repayments to the tax stabilization  reserve
   51  fund shall be stipulated in annual budget bills.
   52    S  4.  The  legislative law is amended by adding a new section 53-a to
   53  read as follows:
   54    S 53-A.  FAILURE TO ENACT A TIMELY STATE BUDGET. AFTER  THE  COMMENCE-
   55  MENT  OF THE FISCAL YEAR OF THE STATE, UNTIL ALL THE APPROPRIATION BILLS
   56  SUBMITTED BY THE GOVERNOR FOR THAT FISCAL YEAR AND ALL THE BILLS SUBMIT-
       S. 4353                             5
    1  TED BY THE GOVERNOR CONTAINING THE PROPOSED LEGISLATION  RECOMMENDED  IN
    2  THE BUDGET FOR THAT FISCAL YEAR SHALL HAVE BEEN FINALLY ACTED ON BY BOTH
    3  HOUSES  OF  THE  LEGISLATURE,  NEITHER  HOUSE SHALL CONSIDER OR TAKE ANY
    4  ACTION  WHATSOEVER ON ANY OTHER BILL, RESOLUTION OR OTHER MATTER PENDING
    5  BEFORE EITHER SUCH HOUSE OR ANY COMMITTEE THEREOF, EXCEPT FOR  APPROPRI-
    6  ATION  BILLS  SUBMITTED  TO THE LEGISLATURE ON MESSAGE FROM THE GOVERNOR
    7  CERTIFYING TO THE NECESSITY OF THE IMMEDIATE PASSAGE OF SUCH BILL.
    8    S 5. Section 54 of the legislative law is amended by adding three  new
    9  subdivisions 3, 4 and 5 to read as follows:
   10    3.  WHEN  BOTH  HOUSES ARE IN AGREEMENT AND PREPARED TO FINALLY ACT ON
   11  THE APPROPRIATION BILLS SUBMITTED BY THE  GOVERNOR  IN  ACCORDANCE  WITH
   12  ARTICLE  SEVEN  OF THE CONSTITUTION, THE SECRETARY OF THE SENATE FINANCE
   13  COMMITTEE AND THE SECRETARY OF THE ASSEMBLY  WAYS  AND  MEANS  COMMITTEE
   14  SHALL  PREPARE  AND  DELIVER TO THE DIVISION OF THE BUDGET A LETTER THAT
   15  STATES THAT BOTH HOUSES ARE IN AGREEMENT AND PREPARED TO FINALLY ACT  ON
   16  THE APPROPRIATION BILLS AND PROPOSED LEGISLATION SUBMITTED BY THE GOVER-
   17  NOR  IN ACCORDANCE WITH ARTICLE SEVEN OF THE CONSTITUTION. THE SECRETARY
   18  OF THE SENATE FINANCE COMMITTEE AND THE SECRETARY OF THE  ASSEMBLY  WAYS
   19  AND MEANS COMMITTEE SHALL FURNISH THE DIVISION OF THE BUDGET, CONCURRENT
   20  WITH  THE SUBMISSION OF THE JOINT LETTER, INFORMATION SUFFICIENT FOR THE
   21  PREPARATION OF A SUMMARY REPORT, INCLUDING THE APPROPRIATION  BILLS  AND
   22  PROPOSED  LEGISLATION ON WHICH BOTH HOUSES ARE IN AGREEMENT AND PREPARED
   23  TO ACT.
   24    4. PROMPTLY UPON RECEIPT OF THE JOINT LETTER AND INFORMATION DESCRIBED
   25  IN SUBDIVISION THREE OF THIS SECTION, THE DIVISION OF THE  BUDGET  SHALL
   26  PREPARE  A  PLAIN LANGUAGE SUMMARY REPORT OF THE APPROPRIATION BILLS AND
   27  RELATED LEGISLATION TO BE  ENACTED  BY  THE  LEGISLATURE.  SUCH  SUMMARY
   28  REPORT SHALL BE IN SUCH A FORM AS TO INDICATE THAT THE BUDGET AS AMENDED
   29  PROVIDES  THAT, FOR THE GENERAL FUND, THE TOTAL OF ANTICIPATED DISBURSE-
   30  MENTS, INCLUDING TRANSFERS TO OTHER FUNDS, IS NOT GREATER THAN THE TOTAL
   31  OF ANTICIPATED RECEIPTS, INCLUDING TRANSFERS FROM OTHER FUNDS, PLUS  ANY
   32  BALANCE  AVAILABLE  IN  SUCH  FUND.  THE  SUMMARY  REPORT  SHALL FURTHER
   33  DESCRIBE THE IMPACT OF PROPOSED LEGISLATIVE AMENDMENTS  ON  THE  RECEIPT
   34  AND  DISBURSEMENT  ESTIMATES  CONTAINED IN THE EXECUTIVE BUDGET FOR SUCH
   35  FISCAL YEAR AND FOR THE SUCCEEDING TWO FISCAL YEARS. THE SUMMARY  REPORT
   36  SHALL BE IN SUCH FORMAT AS THE DIVISION OF THE BUDGET MAY DETERMINE.
   37    5.  THE DIVISION OF THE BUDGET SUMMARY REPORT AS DESCRIBED IN SUBDIVI-
   38  SION FOUR OF THIS SECTION SHALL BE PLACED ON THE DESKS OF EACH MEMBER OF
   39  THE LEGISLATURE, AND SHALL BE MADE AVAILABLE TO THE PUBLIC FOR A  PERIOD
   40  OF  AT LEAST FORTY-EIGHT HOURS PRIOR TO THE PASSAGE OF THE APPROPRIATION
   41  BILLS AND RELATED LEGISLATION BY EACH HOUSE.
   42    S 6. Paragraph (a) of subdivision 2 of section 54 of  the  legislative
   43  law,  as  added  by chapter 1 of the laws of 2007, is amended to read as
   44  follows:
   45    (a) The legislature shall enact a budget for the upcoming fiscal  year
   46  that  it determines is balanced in the general fund. THE TOTAL AMOUNT OF
   47  ALL FUNDS SPENDING, WHICH SHALL INCLUDE SPENDING FROM ALL STATE  REVENUE
   48  SOURCES  INCLUDING  TAXES,  FEES,  FINES, FEDERAL GRANTS, BOND PROCEEDS,
   49  LOTTERY PROCEEDS AND MISCELLANEOUS RECEIPTS, AND WHICH COMPRISES  SPEND-
   50  ING FROM THE GENERAL FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECTS FUND,
   51  DEBT SERVICE FUNDS, INTERNAL SERVICE FUNDS, ENTERPRISE FUNDS AND FIDUCI-
   52  ARY  FUNDS, SHALL NOT EXCEED SPENDING IN THE PRIOR YEAR BY MORE THAN THE
   53  RATE OF INFLATION AS  DETERMINED  BY  THE  PERCENTAGE  INCREASE  IN  THE
   54  CONSUMER PRICE INDEX FOR URBAN WAGE EARNERS AND CLERICAL WORKERS (CPI-W)
   55  PUBLISHED  BY  THE  UNITED  STATES  DEPARTMENT OF LABOR, BUREAU OF LABOR
   56  STATISTICS; PROVIDED, HOWEVER, THAT SUCH SPENDING MAY EXCEED THE RATE OF
       S. 4353                             6
    1  INFLATION BY THE AMOUNT OF ANY UNEXPECTED FEDERAL FUNDS RECEIVED BY  THE
    2  STATE.
    3    S  7.  Section  22 of the state finance law is amended by adding a new
    4  subdivision 17 to read as follows:
    5    17. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  THE  BUDGET
    6  SUBMITTED PURSUANT TO THIS SECTION SHALL NOT PROVIDE FOR TOTAL ALL FUNDS
    7  SPENDING  IN  AN AMOUNT WHICH EXCEEDS SPENDING IN THE PRIOR YEAR BY MORE
    8  THAN THE RATE OF INFLATION AS DETERMINED BY THE PERCENTAGE  INCREASE  IN
    9  THE  CONSUMER  PRICE  INDEX  FOR URBAN WAGE EARNERS AND CLERICAL WORKERS
   10  (CPI-W) PUBLISHED BY THE UNITED STATES DEPARTMENT OF  LABOR,  BUREAU  OF
   11  LABOR  STATISTICS. FOR THE PURPOSES OF THIS SUBDIVISION ALL FUNDS SPEND-
   12  ING SHALL INCLUDE SPENDING FROM  ALL  STATE  REVENUE  SOURCES  INCLUDING
   13  TAXES,  FEES, FINES, FEDERAL GRANTS, BOND PROCEEDS, LOTTERY PROCEEDS AND
   14  MISCELLANEOUS RECEIPTS, AND SHALL COMPRISE  SPENDING  FROM  THE  GENERAL
   15  FUND,  SPECIAL REVENUE FUNDS, CAPITAL PROJECTS FUND, DEBT SERVICE FUNDS,
   16  INTERNAL SERVICE FUNDS, ENTERPRISE FUNDS AND FIDUCIARY FUNDS.
   17    S 8. Of moneys appropriated to state operations and aid to  localities
   18  in the general fund, community projects fund - 007, no such moneys shall
   19  be  appropriated  for  services  and  expenses,  grants  in  aid, or for
   20  contracts with certain not-for-profit agencies, universities,  colleges,
   21  school districts, corporations, and/or municipalities unless such appro-
   22  priation  is  set forth with such specificity as is reasonable to deter-
   23  mine how such moneys shall be expended.
   24    S 9. This act shall take effect immediately; provided however that the
   25  provisions of section three of this act shall take  effect  three  years
   26  after it shall have become a law.
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