Amd St Fin L, generally; amd S1615, Tax L; amd SS17.03, 27.15 & 27.17, Pks & Rec L; amd S551, LabL; amd
SS16-a, 316 & 316-a, R & SS L; add Art 4-B SS75 & 76, Leg L
Establishes procedure for implementation of a contingency budget on the first day of the fiscal year in the event the legislature has not finally acted upon all appropriation bills submitted by the governor; enacts provisions relating to appropriations for public education; submission of financial plans; requires use of separate schedules; multi-year financial plan changes; provides for additional debt reporting; revisions of financial plans and capital improvement programs; establishes earlier time frames for certain actions (quickstart); creates the health care reform act fund; provides for reporting of journal voucher transactions; changes the date of the fiscal year; creates the New York state independent budget office; provides for procedures relating to appropriations and reporting for information technology projects; provides for revision of information by the executive to reflect legislative action on the executive budget and contingency budget; relates to amounts held and transferred to and by the tax stabilization reserve fund and establishes the fiscal stabilization reserve fund; and provides that the budget shall include a current services budget projecting the cost of continuing levels of activities and programs authorized for the current state fiscal year as well as provisions of law scheduled to take effect through the conclusion of the ensuing state fiscal year.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1
SPONSOR: Silver (MS) TITLE OF BILL: An act to amend the state finance law, in relation to
establishing a procedure for the implementation of a contingency budget;
to amend the state finance law, in relation to appropriations for the
education department for elementary, secondary and continuing education;
to amend the state finance law, in relation to submission of financial
plans; to amend the state finance law, in relation to requiring separate
schedules; to amend the state finance law, in relation to multi-year
financial plan changes; to amend the state finance law, in relation to
additional debt reporting; to amend the state finance law, in relation
to revisions of financial plans and capital improvement programs; to
amend the state finance law, in relation to establishing earlier time
frames for certain actions (quickstart); to amend the state finance law,
in relation to creating the health care reform act (HCRA) fund; to amend
the state finance law, in relation to the reporting of journal voucher
transactions; to amend the state finance law, the tax law, the parks,
recreation and historic preservation law, the labor law and the retire-
ment and social security law, in relation to changing the fiscal year;
to amend the legislative law, in relation to creating the New York state
independent budget office; to amend the state finance law, in relation
to information technology reporting; to amend the state finance law, in
relation to financial plan revision by the executive; to amend the state
finance law, in relation to the tax stabilization reserve fund and
establishing the fiscal stabilization reserve fund; and to amend the
state finance law, in relation to a current services budget
PURPOSE: This bill makes numerous changes to the State Finance Law to
improve the State budget process and to ensure timely enactment of a
State budget.
SUMMARY OF PROVISIONS: Section 1 provides for the establishment of a
Contingency Budget to take effect automatically on the first day of the
fiscal year, in the event that the Legislature has not acted upon all of
the budget bills submitted by the Governor.
Section 2 requires the Executive to submit two separate appropriations
for school aid for the upcoming fiscal year and the succeeding fiscal
year.
Sections 3, 4 & 35 add specificity to existing State Finance Law revenue
reporting requirements, including requirements to report revenues by
category, individual tax, component part of each tax and component part
of each miscellaneous category. Also adds requirements for specific
monthly disbursement reporting.
Section 5 adds specificity to existing State Finance Law personnel
reporting requirements to mandate that such reports be submitted by fund
type. Also requires that employee position, classification and status be
reported.
Sections 6, 7 & 8 require the Executive to provide three year financial
plan projections of receipts and disbursements with the budget
submission, and creates new reporting requirements for debt.
Section 9 requires the Executive, Senate and Assembly to begin
discussions about revenue forecasts and spending projections for the
current and upcoming fiscal years by December 5th each year.
Section 10 establishes a Health Care Reform Act (HCRA) fund and requires
that all HCRA related revenues be deposited into that fund. Also
requires the Executive to appropriate all HCRA related spending in the
Executive Budget.
Sections 11 & 12 defines the term Journal Voucher and requires the Comp-
troller to report annually to the Legislature on all activity during the
prior fiscal year. Journal Transfer transactions generally include the
interchange of funds between appropriations and are not currently
subject to Legislative approval.
Sections 13 through 31 change the State Fiscal year to May 1 through
April 30. The current fiscal year runs from April 1 to March 31. The
2006-07 state fiscal year would begin on April 1 and be extended by one
month to run through April 30, 2007. Thereafter, the fiscal year would
begin on May 1 and end on April 30.
Section 32 creates an Independent Budget Office. The Independent Budget
Office would be charged with providing the Legislature with information
relating to: appropriations; revenues; revenue estimates; the fiscal
impact of proposed laws; and the performance and effectiveness of State
agencies. Priority would be given to requests made by the Speaker of the
Assembly and the Majority Leader of the Senate.
Sections 33 & 34 amend section 22 of the State Finance Law to require
the Executive to submit detailed reporting on technology related
projects which are proposed to receive over $5 million in funding in the
Executive Budget.
Section 36 increases the maximum annual deposit into the Tax Stabiliza-
tion Reserve Fund from two to three percent of the previous year's State
funds disbursement level.
Section 37 creates a new Fiscal Stabilization Reserve Fund to provide
adequate funding for May and June school aid payments and provide
reserves in the event of a revenue shortfall or unexpected economic
downturn for the upcoming fiscal year. The fund would contain an amount
equal to three percent of State funds.
Together with the existing Tax Stabilization Reserve Fund, six percent
of State funds would be held in reserve.
Section 38 requires the Executive to project the cost of continuing
current services and programs authorized in the budget for the current
and for the ensuing fiscal year. Requires the Executive to submit an
estimate of the requirements for a contingency budget.
EXISTING LAW: New Legislation
JUSTIFICATION: The statutory provisions described are necessary to
implement the Budget Reform Agreement reached by the Budget Reform
Conference Committee convened in 2004, a comprehensive plan to overhaul
and restructure the budget process, so that state budgets are passed on
time.
LEGISLATIVE HISTORY: Previously passed both houses of the legislature
(A.11702, 2004) and vetoed.
FISCAL IMPLICATIONS: This bill would result in an improved State
credit rating and lower costs to school districts and other munici-
palities which frequently must prolong their budget processes and borrow
funds in the face of the uncertainty of available State resources
resulting from late State budgets.
EFFECTIVE DATE: Takes effect when the provisions contained in A.2
take effect.
STATE OF NEW YORK
________________________________________________________________________
1
2005-2006 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2005
___________
Introduced by M. of A. SILVER, FARRELL, TOKASZ -- Multi-Sponsored by --
M. of A. ABBATE, AUBERTINE, BING, BOYLAND, BRADLEY, BRENNAN, BRODSKY,
CAHILL, CANESTRARI, CHRISTENSEN, CLARK, A. COHEN, M. COHEN, COLTON,
COOK, CUSICK, CYMBROWITZ, DelMONTE, DESTITO, DiNAPOLI, DINOWITZ,
EDDINGTON, ENGLEBRIGHT, ESPAILLAT, FIELDS, GALEF, GANTT, GLICK,
GORDON, GOTTFRIED, GRANNIS, GREENE, GUNTHER, HEASTIE, JACOBS, JOHN,
KARBEN, KOON, LAFAYETTE, LATIMER, LAVELLE, LAVINE, LENTOL, LIFTON,
LUPARDO, MAGEE, MAGNARELLI, MARKEY, McENENY, McLAUGHLIN, MENG, MILL-
MAN, MORELLE, NOLAN, NORMAN, O'DONNELL, ORTIZ, PAULIN, PEOPLES, PERAL-
TA, PERRY, PHEFFER, POWELL, PRETLOW, RAMOS, REILLY, P. RIVERA,
SANDERS, SCARBOROUGH, SCHROEDER, SEDDIO, SWEENEY, TONKO, WEINSTEIN,
WEISENBERG, ZEBROWSKI -- 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 implementation of a contingency budget; to amend the
state finance law, in relation to appropriations for the education
department for elementary, secondary and continuing education; to
amend the state finance law, in relation to submission of financial
plans; to amend the state finance law, in relation to requiring sepa-
rate schedules; to amend the state finance law, in relation to multi-
year financial plan changes; to amend the state finance law, in
relation to additional debt reporting; to amend the state finance law,
in relation to revisions of financial plans and capital improvement
programs; to amend the state finance law, in relation to establishing
earlier time frames for certain actions (quickstart); to amend the
state finance law, in relation to creating the health care reform act
(HCRA) fund; to amend the state finance law, in relation to the
reporting of journal voucher transactions; to amend the state finance
law, the tax law, the parks, recreation and historic preservation law,
the labor law and the retirement and social security law, in relation
to changing the fiscal year; to amend the legislative law, in relation
to creating the New York state independent budget office; to amend the
state finance law, in relation to information technology reporting; to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04310-01-5
A. 1 2
amend the state finance law, in relation to financial plan revision by
the executive; to amend the state finance law, in relation to the tax
stabilization reserve fund and establishing the fiscal stabilization
reserve fund; and to amend the state finance law, in relation to a
current services budget
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. Contingency budget. 1. A contingency budget shall take effect
4 on the first day of the fiscal year in the event the legislature has not
5 finally acted upon all the appropriation bills submitted by the governor
6 for such fiscal year and shall be sufficient for the ongoing operation
7 and support of state government and local assistance. Such contingency
8 budget shall take effect without further action by the legislature or
9 the governor, and shall remain in effect until both houses of the legis-
10 lature pass a single multiple appropriation bill which alters such
11 contingency budget. Passage by both houses of the legislature of such
12 multiple appropriation bill shall constitute the conclusion of the
13 contingency period.
14 2. The contingency budget shall authorize the renewal of the appropri-
15 ations and reappropriations enacted for the immediately preceding fiscal
16 year. Such appropriations and reappropriations, in addition to any
17 related statutory spending and revenue provisions in effect during such
18 year, shall remain in effect for the same period as the contingency
19 budget remains effective.
20 3. (a) The aggregate disbursements authorized by appropriations and
21 reappropriations in the contingency budget for such fiscal year shall
22 not exceed aggregate disbursements made in the immediately preceding
23 fiscal year, provided further that disbursements authorized by individ-
24 ual items of appropriation and reappropriation in the contingency budget
25 shall not exceed disbursements made for such individual items of appro-
26 priation and reappropriation in the immediately preceding fiscal year,
27 with the following exceptions:
28 (i) payments related to public assistance grants under the family
29 assistance, safety net and disability assistance programs established
30 pursuant to chapter four hundred thirty-six of the laws of nineteen
31 hundred ninety-seven, and for emergency assistance for families and
32 payments for eligible aged, blind and disabled persons related to
33 supplemental security income;
34 (ii) federal funds for which receipt would be jeopardized or federal
35 law would be violated if subject to such disbursement limitation; and
36 (b) The contingency budget shall not authorize disbursements for the
37 contingency period for any:
38 (i) spending related to prior year appropriations or reappropriations
39 for items which were one-time or non-recurring in nature; or
40 (ii) new contracts that are not for the continuation of ongoing
41 services or capital projects; or
42 (iii) trend factors, cost of living adjustments or other rate adjust-
43 ments that would otherwise automatically become effective, except those
44 required by federal law.
A. 1 3
1 (c) No law changing the exceptions contained in paragraph (a) or (b)
2 of this subdivision may become effective until three years from the date
3 of its enactment.
4 4. If, after a contingency budget becomes effective, the independent
5 budget office projects that annual receipts are insufficient to meet
6 annual disbursements under the contingency budget, uniform reductions
7 shall be applied to all disbursements other than those included in para-
8 graph (a) of subdivision three of this section in order to achieve a
9 balanced plan of receipts and disbursements. Such reductions shall be
10 applied not later than the thirtieth day that the contingency budget is
11 in effect, except where federal or other notification is required to
12 effectuate a reduction, in which case such notification shall be made no
13 later than the thirtieth day after the contingency budget is in effect
14 and the related reduction shall take effect as soon thereafter as
15 allowed. No reduction implemented under this subdivision shall alter any
16 eligibility provision for any program.
17 § 2. Subdivisions 1, 2 and 3 of section 40 of the state finance law,
18 as amended by chapter 169 of the laws of 1994, are amended to read as
19 follows:
20 1. The budget and the budget bills submitted by the governor shall
21 include all appropriations which in the opinion of the governor will be
22 required during the full succeeding fiscal year. In the case of appro-
23 priations for the general support of public schools and the state
24 lottery fund, the budget and the budget bills submitted by the governor
25 shall include all appropriations for the general support of public
26 schools and the state lottery fund which in the opinion of the governor
27 will be required during the next full fiscal year following the succeed-
28 ing fiscal year, and any additional appropriations for the general
29 support of public schools which in the opinion of the governor will be
30 required during the full succeeding fiscal year above, at or below the
31 amounts appropriated for such purposes in the current fiscal year. Such
32 appropriations shall be proposed as separate appropriations applying
33 individually to the succeeding fiscal year and the next succeeding
34 fiscal year.
35 2. (a) No appropriation made at a regular session of the legislature
36 shall, unless the contrary is expressly provided in the act by which
37 such appropriation is made, be available prior to the commencement of
38 the fiscal year for which the budget is adopted at such session, and
39 every appropriation made at such session, except as provided in para-
40 graphs (b), (d), and (e) of this subdivision, shall cease to have force
41 and effect, except as to liabilities already incurred thereunder, at the
42 close of [such] the fiscal year in which such appropriation shall first
43 become available.
44 (b) Every deficiency appropriation made at a regular session of the
45 legislature which by the express terms of the act by which such appro-
46 priation is made shall be available prior to the commencement of the
47 fiscal year for which the budget is adopted at such session shall cease
48 to have force and effect, except as to liabilities already incurred
49 thereunder, at the close of the fiscal year in which such appropriation
50 shall become available.
51 (c) Every appropriation made at an extraordinary session of the legis-
52 lature shall, unless the contrary is expressly provided in the act by
53 which such appropriation is made, be available immediately upon the
54 taking effect of such act and shall cease to have force and effect,
55 except as to liabilities already incurred thereunder, at the close of
56 the fiscal year in which such appropriation shall become available.
A. 1 4
1 (d) Every appropriation enacted in the fund type special revenue
2 funds-federal for a grant period which extends beyond [March thirty-
3 first] April thirtieth of the fiscal year in which the appropriations
4 are enacted shall be available for liabilities incurred during such
5 grant period after such [March thirty-first] April thirtieth date.
6 (e) All state operations appropriations made to the city university of
7 New York and the state university of New York shall cease to have force
8 and effect, except as to liabilities already incurred thereunder, as of
9 the thirtieth day of June immediately following the state fiscal year
10 for which they are enacted.
11 3. Every appropriation for whatever purpose which at the close of the
12 fiscal year in which such appropriation shall first become available,
13 shall cease to have force and effect except as to liabilities already
14 incurred thereunder shall as to such liabilities continue in force and
15 effect until the dates specified in paragraphs (a), (b), (c) and (d) of
16 this subdivision, on which dates such appropriation shall lapse and no
17 money shall thereafter be paid out of the state treasury or any of its
18 funds or any of the funds under its management pursuant to such appro-
19 priation.
20 (a) Except for appropriations made to the city university of New York
21 and the state university of New York, all state operations appropri-
22 ations including special revenue funds-federal appropriations continued
23 pursuant to paragraph (d) of subdivision two of this section shall lapse
24 on the [thirtieth] thirty-first day of [June] July immediately following
25 the close of the fiscal year. The appropriations made to the city
26 university of New York or the state university of New York shall lapse
27 on the thirtieth day of September immediately following the close of the
28 fiscal year.
29 (b) All aid to localities appropriations including special revenue
30 funds-federal appropriations continued pursuant to paragraph (d) of
31 subdivision two of this section shall lapse on the fifteenth day of
32 [September] October immediately following the close of the fiscal year.
33 (c) All capital projects appropriations shall lapse on the fifteenth
34 day of [September] October immediately following the close of the fiscal
35 year.
36 (d) All other appropriations shall lapse on the fifteenth day of
37 [September] October immediately following the close of the fiscal year.
38 § 3. Paragraph d-2 of subdivision 3 of section 22 of the state finance
39 law, as amended by chapter 260 of the laws of 1993, is amended to read
40 as follows:
41 d-2. Within ten days following the submission of the financial plans
42 presented in accordance with subdivisions one and two of this section,
43 the director of the budget shall submit to the comptroller and the
44 chairs of the senate finance committee and the assembly ways and means
45 committee:
46 (i) a detailed schedule by fund of the receipts and disbursements
47 comprising such summary financial plan, and
48 (ii) a schedule for each governmental fund type other than the general
49 fund showing the differences between projected operating results on a
50 cash basis and those on the basis of generally accepted accounting prin-
51 ciples, and
52 (iii) a detailed schedule by fund of revenues and expenditures within
53 the general fund, and
54 (iv) a detailed schedule by fund of receipts for the prior, current
55 and next ensuing fiscal years shown by each major revenue category,
56 including each individual tax, each individual component part of miscel-
A. 1 5
1 laneous receipts, and each revenue source which accounts for at least
2 one-half of one percent of all receipts within each fund type, and
3 (v) an itemized list of transfers to and from each fund.
4 § 4. Paragraph e of subdivision 3 of section 22 of the state finance
5 law, as amended by chapter 762 of the laws of 1992, is amended to read
6 as follows:
7 e. The anticipated general fund quarterly schedule and fiscal year
8 total for the prior, current and next ensuing fiscal [year] years of:
9 disbursements; receipts; repayments of advances; total tax refunds; and
10 refunds for the tax imposed under article twenty-two of the tax law.
11 Such information shall be presented in the same form as the summary
12 financial plans presented in accordance with subdivisions one and two of
13 this section. A separate, detailed, report of such schedule shall be
14 provided with receipts shown by each major revenue category, including
15 each individual tax, each individual component part of miscellaneous
16 receipts, and each revenue source which accounts for at least one-half
17 of one per centum of all receipts within each fund type and with
18 disbursements shown by major agency or major spending item.
19 The director of the division of the budget shall submit concurrent
20 with the submission of the financial plan to the legislature pursuant to
21 subdivision two of this section and with each update thereafter a sched-
22 ule of actual and planned disbursements by month and by fund type stat-
23 ing separately and distinctly variances between actual and projected
24 disbursements for the most recent practicable month and previous twelve
25 months. Such report shall document actual and projected state disburse-
26 ments inclusive of, and distinctly stated by categories of local assist-
27 ance grants including general purpose, education, social services, medi-
28 caid, health and environment, mental hygiene, transportation, criminal
29 justice and miscellaneous; by departmental operations including personal
30 services and non-personal services; by general state charges; and by
31 debt service payments. Such reports shall utilize a format that shall
32 facilitate comparison and analysis with those reports submitted to the
33 legislature by the office of audit and control pursuant to subdivision
34 nine of section eight of this chapter.
35 § 5. Paragraph e-2 of subdivision 3 of section 22 of the state finance
36 law, as added by chapter 762 of the laws of 1992, is amended to read as
37 follows:
38 e-2. A [measure of the] description of employment [level] levels for
39 each state department, division or office, for [both] the prior, current
40 and next ensuing fiscal [year, provided however that for the fiscal year
41 beginning April first, nineteen hundred ninety-three--ninety-four, such
42 measure shall be presented only for the general fund] years containing
43 separate schedules for the following fund types: general fund; federal
44 special revenue funds; other special revenue funds; capital projects
45 funds; and an all funds summary. Such information shall be presented in
46 summary form suitable for comparison and shall contain the following
47 measures including actual experience where possible:
48 (i) budgeted-fill level or measure of employment used to determine
49 personal service appropriations;
50 (ii) full-time equivalents;
51 (iii) civil service jurisdiction classification (competitive, non-com-
52 petitive, exempt, labor);
53 (iv) employee status (permanent, temporary, provisional); and
54 (v) changes to the work force proposed in the executive budget
55 proposal, including but not limited to: new positions, layoffs, attri-
A. 1 6
1 tion, elimination of funded vacancies, and transfers to other funding
2 sources.
3 § 6. Subdivision 4 of section 22 of the state finance law, as amended
4 by chapter 762 of the laws of 1992, is amended to read as follows:
5 4. a. Include a three year financial projection[, which shall be
6 submitted not later than thirty days after submission of the financial
7 plans pursuant to subdivision one of this section,] showing the antic-
8 ipated disbursements and receipts for each of the governmental fund
9 types of the state [and, for the general fund the anticipated expendi-
10 tures and revenues for the ensuing fiscal year and for the two years
11 following the ensuing fiscal year]. For the purposes of this three year
12 financial projection, disbursements [and expenditures] shall be
13 presented by the following purposes: state purposes, local assistance,
14 capital projects, debt service, transfers and general state charges with
15 each major agency or major spending item identified separately within
16 each purpose; and receipts [and revenues] shall be presented[,] by each
17 major revenue category, including each individual tax, each individual
18 component part of miscellaneous receipts, and each revenue source which
19 accounts for at least one-half of one per centum of all receipts within
20 each fund type and with disbursements shown by major agency or major
21 spending item for the ensuing and each of the next [successive] two
22 fiscal [year by each revenue source which accounts for not less than one
23 per centum of all receipts or revenues of the general fund] years, and
24 otherwise by each major source which is separately estimated and
25 presented pursuant to paragraph b of subdivision three of this section
26 [and, for the remaining fiscal year by each revenue source which
27 accounts for at least ten per centum of all the receipts or revenues and
28 otherwise by categories of revenue sources. Provided however, that for
29 the fiscal year beginning in nineteen hundred ninety-three, for the
30 governmental funds other than the general fund, receipts shall be
31 presented by each revenue source which accounts for at least ten per
32 centum of all the receipts and otherwise by categories of revenue
33 source]. Receipts and disbursements for special revenue funds shall be
34 presented separately for federal funds and all other special revenue
35 funds. Whenever receipts and disbursements are proposed to be moved to a
36 different fund type, each significant amount so moved shall be
37 explained. This three year financial projection shall include an expla-
38 nation of any changes to the financial plans submitted in accordance
39 with subdivision one of this section and include explanations of the
40 economic, statutory and other assumptions used to estimate the disburse-
41 ments[, expenditures,] and receipts [and revenues] which are presented.
42 Whenever the projections for receipts and disbursements are based on
43 assumptions other than the current levels of service, such assumptions
44 shall be separately identified and explained. The three year financial
45 projections shall include a description of any projected deficits or
46 surpluses with a discussion of the causes and effects of such deficits
47 or surpluses as well as a description of available options to reduce any
48 projected deficits or utilize any projected surpluses.
49 b. Include a three year financial projection prepared on the basis of
50 generally accepted accounting principles similar in format to that
51 required by paragraph (a) of this subdivision. Such projection shall be
52 updated each year no later than September thirtieth.
53 § 7. Subdivision 11 of section 22 of the state finance law, as amended
54 by chapter 762 of the laws of 1992 and as renumbered by section 2 of
55 part F of chapter 389 of the laws of 1997, is amended to read as
56 follows:
A. 1 7
1 11. a. Within ten days following the submission of the financial plans
2 presented in accordance with subdivisions one and two of this section,
3 the director of the budget shall submit to the chairs of the senate
4 finance committee and the assembly ways and means committee for the
5 prior, the current and next ensuing fiscal years detailed schedules by
6 agency [for the general fund] or major program and bill and fund type
7 with general state charges identified separately showing proposed appro-
8 priations [in the state operations and aid to localities budget bills]
9 with disbursements to be made against such appropriations, as well as
10 disbursements to be made against any existing appropriations in a form
11 suitable for comparison.
12 b. The following detail on appropriations and disbursements for debt
13 service as required by paragraph a of this subdivision shall also be
14 provided:
15 (1) For all bonds, notes or other obligations issued on or after the
16 effective date of the chapter of the laws of two thousand five which
17 amended this subdivision:
18 (i) a schedule of each of the issuance's gross principal, interest,
19 and other payments, by payment date;
20 (ii) a schedule of any funds used or expected to be used to offset
21 such payments as detailed in clause (i) of this subparagraph, by payment
22 date, which shall include, but not be limited to, each of the following:
23 A. accrued interest;
24 B. capitalized interest;
25 C. principal or interest earnings for monies held as bond proceeds,
26 debt service, debt service reserve or any other reserve funds;
27 D. principal, interest or any other monies utilized from any other
28 funds, accounts or other sources;
29 (iii) a schedule of each of the issuance's net principal, interest and
30 other payments, by payment date, which shall be those amounts arrived at
31 by subtracting clause (ii) of this subparagraph from clause (i) of this
32 subparagraph.
33 For purposes of this paragraph, information for payments on refunding
34 bonds may be substituted for information for payments on the bonds which
35 have been refunded.
36 (2) For each projected issuance of bonds, notes or other obligations:
37 (i) projected issuance date;
38 (ii) projected amount to be issued;
39 (iii) the projected final maturity of such bonds, notes or other obli-
40 gations to be sold;
41 (iv) assumptions as to interest rates, structuring, use of credit
42 enhancement, and any other relevant information;
43 (v) a schedule of each of the issuance's projected gross principal,
44 interest and other payments, by payment date;
45 (vi) a schedule of any funds used or expected to be used to offset
46 such payments as detailed in clause (v) of this subparagraph, by payment
47 date, which shall include, but not be limited to, each of the following:
48 A. accrued interest;
49 B. capitalized interest;
50 C. principal or interest earnings for monies held as bond proceeds,
51 debt service, debt service reserve or any other reserve funds;
52 D. principal, interest or any other monies utilized from any other
53 funds, accounts or other sources.
54 (vii) a schedule of each of the issuance's projected net principal,
55 interest and other payments, by payment date, which shall be those
A. 1 8
1 amounts arrived at by subtracting clause (vi) of this subparagraph from
2 clause (v) of this subparagraph.
3 (viii) if such issuance consists of refunding bonds, notes, or other
4 obligations, a schedule of both gross and net projected principal,
5 interest, and other payment savings, by payment date.
6 (3) For each bonding program, a projected schedule of both the gross
7 and net principal, interest and other payments to be made during the
8 next succeeding three state fiscal years.
9 § 8. Subdivisions 3 and 4 of section 23 of the state finance law,
10 subdivision 3 as amended by chapter 837 of the laws of 1983 and subdivi-
11 sion 4 as amended by chapter 59 of the laws of 2000, are amended to read
12 as follows:
13 3. Financial plans and capital improvement program; revisions. [As
14 soon as practicable] Not later than thirty days after the legislature
15 has completed action on the budget bills submitted by the governor [for
16 state purposes, local assistance, capital projects and debt service, the
17 governor] who shall cause to be submitted to the legislature the
18 revisions to the financial plans and the capital plan required by subdi-
19 visions one, two, four and five of section twenty-two of this [chapter]
20 article as are necessary to account for all enactments affecting the
21 financial plans and the capital plan. [Such] The financial plan shall
22 also contain a cash flow analysis of projected receipts and disburse-
23 ments and other financing sources or uses for each month of the state's
24 fiscal year. Notwithstanding any other law to the contrary, such revised
25 plans and accompanying cash flow analysis shall be submitted to the
26 legislature and the comptroller in [the same] such form as the [plans
27 required by such subdivisions] comptroller shall prescribe.
28 4. Financial plan updates. Quarterly, throughout the fiscal year, the
29 governor shall submit to the comptroller, the [chair] chairs of the
30 senate finance [committee] and [the chair of] the assembly ways and
31 means [committee for the use of the committees and the information of
32 the legislature] committees, within thirty days of the close of the
33 quarter to which it shall pertain, a report which summarizes the actual
34 experience to date and projections for the remaining quarters of the
35 current fiscal year and for each of the next two fiscal years of
36 receipts, disbursements, tax refunds, and repayments of advances
37 presented in forms suitable for comparison with the financial plan
38 submitted pursuant to [subdivision] subdivisions one, four, five, eleven
39 and thirteen and paragraphs d-2, e and e-2 of subdivision three of
40 section twenty-two of this article and revised in accordance with the
41 provisions of subdivision three of this section. The governor shall
42 submit with the budget and on September first of each year a similar
43 report that summarizes revenue and expenditure experience to date as
44 well as projections for the remaining quarters of the current fiscal
45 year and each of the next two fiscal years in a form suitable for
46 comparison with the financial plan submitted pursuant to subdivision two
47 of section twenty-two of this article and revised in accordance with the
48 provisions of subdivision three of this section. Each such quarterly
49 report shall also contain a cash flow analysis of projected receipts and
50 disbursements and other financing sources or uses, in a format
51 prescribed by the comptroller, for each month remaining in the fiscal
52 year. Such reports shall provide an explanation of the causes of any
53 major deviations from the revised financial plans and, shall provide for
54 the amendment of the plan or plans to reflect those deviations. The
55 governor may, if he determines it advisable, provide more frequent
56 reports to the legislature regarding actual experience as compared to
A. 1 9
1 the financial plans. The quarterly financial plan update most proximate
2 to October thirty-first of each year shall include the calculation of
3 the limitations on the issuance of state-supported debt computed pursu-
4 ant to the provisions of subdivisions one and two of section sixty-sev-
5 en-b of this chapter.
6 § 9. Subdivision 5 of section 23 of the state finance law, as added by
7 chapter 762 of the laws of 1992, is amended to read as follows:
8 5. Financial information review. Annually on or before November
9 fifteenth, the governor, temporary president of the senate and the
10 speaker of the assembly shall cause their respective appropriate person-
11 nel to meet for the purpose of jointly reviewing available financial
12 information [and developing a process] to facilitate timely adoption of
13 a budget for the next fiscal year. Such [process] review shall include
14 meetings to discuss the economic outlook, revenue forecasts, projected
15 spending, the impact of relevant state and federal statutory provisions,
16 and any other matters deemed appropriate. Not later than December
17 [fifteenth] fifth, such respective appropriate personnel shall [report
18 to their principals on the steps necessary to accomplish the adoption of
19 a timely budget] separately prepare and make available reports on esti-
20 mated state receipts and state disbursements for the current and ensuing
21 fiscal years. Each report on estimated state receipts shall include, but
22 shall not be limited to, estimated tax receipts on an all-funds basis,
23 estimated lottery receipts, estimated miscellaneous receipts to be
24 received in the general fund, and the underlying factors and data upon
25 which such estimated receipts are based. Each report on estimated state
26 disbursements shall include, but shall not be limited to, estimates of
27 state disbursements for Medicaid and the underlying factors and data on
28 which such estimates are based, estimates of state disbursements for
29 public assistance and the underlying caseload and other factors and data
30 on which such estimates are based, and estimates of state disbursements
31 for assistance for elementary and secondary education and the underlying
32 factors and data on which such estimates are based.
33 The governor, temporary president of the senate and the speaker of the
34 assembly shall cause their respective appropriate personnel to meet
35 annually on or after December fifth to review the separate reports on
36 estimated state receipts and state disbursements. The respective appro-
37 priate personnel shall identify and evaluate the differences between the
38 estimates of state receipts and state disbursements, and the differences
39 between the underlying factors and data on which such estimates are
40 based, and separately report such differences and the evaluation thereof
41 to their principals.
42 § 10. The state finance law is amended by adding a new section 92-cc
43 to read as follows:
44 § 92-cc. Health care reform act (HCRA) fund. 1. There is hereby
45 established in the joint custody of the comptroller and the department
46 of taxation and finance a special fund to be known as the health care
47 reform act fund.
48 2. On and after April first, two thousand six, such fund shall consist
49 of the revenues collected or required to be deposited pursuant to para-
50 graph (a) of subdivision eighteen of section twenty-eight hundred
51 seven-c, and sections twenty-eight hundred seven-j, twenty-eight hundred
52 seven-s and twenty-eight hundred seven-t of the public health law,
53 section four hundred eighty-two of the tax law, subparagraph (O) of
54 paragraph four of subsection (j) of section four thousand three hundred
55 one of the insurance law, section twenty-seven of part A of chapter one
A. 1 10
1 of the laws of two thousand two and all other moneys credited or trans-
2 ferred thereto from any other fund or source pursuant to law.
3 3. Moneys in the health care reform act fund shall be kept separate
4 from and shall not be commingled with any other moneys in the joint or
5 sole custody of the comptroller and the department of taxation and
6 finance.
7 4. With submission of the budget for the fiscal year beginning April
8 first, two thousand six, the governor shall be required to provide sepa-
9 rate appropriations from the fund for each item included in sections
10 twenty-eight hundred seven-k, twenty-eight hundred seven-l, twenty-eight
11 hundred seven-m, twenty-eight hundred seven-s and twenty-eight hundred
12 seven-v of the public health law, as necessary to accomplish the
13 purposes of the health care reform act.
14 5. Moneys of the fund, following appropriation by the legislature
15 shall be expended in accordance with sections twenty-eight hundred
16 seven-k, twenty-eight hundred seven-l, twenty-eight hundred seven-m,
17 twenty-eight hundred seven-s and twenty-eight hundred seven-v of the
18 public health law, pursuant to a certificate of approval of availability
19 issued by the director of the budget, upon the recommendation of the
20 commissioner of health, or where appropriate, the superintendent of
21 insurance, and the commissioner of mental health and a copy of such
22 certificate filed with the state comptroller, the chairman of the senate
23 finance committee and the chairman of the assembly ways and means
24 committee.
25 6. The moneys, following allocation, shall be paid out of the fund on
26 the audit and warrant of the comptroller on vouchers certified or
27 approved by the commissioner of health, or by an officer or employee of
28 the department of health designated by the commissioner.
29 § 11. Section 8 of the state finance law is amended by adding two new
30 subdivisions 19 and 20 to read as follows:
31 19. Notwithstanding any inconsistent provision of law, maintain
32 detailed records of all activity commonly known as "journal transfers"
33 relating to any fund or account of the state for which he or she has the
34 duty pursuant to law to audit and maintain accountability, including any
35 supporting documentation relating thereto.
36 20. On or before April fifteenth of each year, submit an annual report
37 of such activity pursuant to subdivision nineteen of this section to the
38 temporary president of the senate and to the speaker of the assembly.
39 § 12. Section 2 of the state finance law is amended by adding a new
40 subdivision 20 to read as follows:
41 20. "Journal transfer". Any transfer or other method of movement of
42 federal or state monies by the comptroller including, but not limited
43 to, expenditure journal transfers, revenue journal transfers and statu-
44 tory transfers, between accounts and/or funds not specifically author-
45 ized by the state legislature.
46 § 13. Section 3 of the state finance law, as added by chapter 1 of the
47 laws of 1943 and as separately renumbered by chapters 405 and 957 of the
48 laws of 1981, is amended to read as follows:
49 § 3. Fiscal year. 1. The [current] fiscal year of the state which
50 [commenced] commences with the first day of [July] April, [nineteen
51 hundred forty-two] two thousand six, is hereby [abridged] extended and
52 shall end with the [thirty-first] thirtieth day of [March] April, [nine-
53 teen hundred forty-three] two thousand seven. For [all purposes of
54 determining annual increments of state employees pursuant to the educa-
55 tion law, the civil service law or other state law, and for] all
56 purposes whenever by law some act is to be performed or time is to be
A. 1 11
1 measured by the fiscal year of the state, [the current] such fiscal
2 year, as so [abridged] extended, shall be deemed to be [a full] only one
3 year unless the context clearly requires a contrary construction.
4 On and after the first day of [April] May, [nineteen hundred forty-
5 three] two thousand seven, the fiscal year of the state, for the purpose
6 of budget, appropriations, receipts and disbursements of state moneys
7 and all other state affairs which are regulated in accordance with or
8 based on fiscal years, including the fiscal affairs of all state depart-
9 ments, commissions, boards, agencies, offices and institutions, shall
10 begin with the first day of [April] May and end with the next following
11 [thirty-first] thirtieth day of [March] April.
12 2. All books and accounts in the offices of the comptroller and the
13 department of taxation and finance shall be kept by fiscal years. All
14 annual accounts required to be rendered to the comptroller or to such
15 department by any person shall be closed on the [thirty-first] thirtieth
16 day of [March] April in each year, and be rendered as soon thereafter as
17 practicable, if no time is specially prescribed by law.
18 3. Where any statute provides, in terms or effect, that any inventory
19 or account, or a report relating in whole or in part to receipts and
20 disbursements of money, be made to the legislature or any state officer
21 annually, or for a year, by a department, commission, board, or officer
22 under the state government, such inventory or account, and such report
23 so far as it relates to such receipts and disbursements, shall be for
24 the preceding fiscal year, unless the calendar year be expressly
25 mentioned.
26 4. Existing provisions of other laws describing or referring to a
27 fiscal year of the state as beginning [July] April first and ending
28 [June thirtieth] March thirty-first, or making any requirement with
29 respect to such fiscal year, or referring to any year so beginning and
30 ending which applies to [inventories or accounts in] state matters, or
31 to [reports relating to] state money or property, shall be deemed modi-
32 fied by and be construed in connection with this section, and be deemed
33 to refer to a fiscal [or to another] year [or period] beginning May
34 first, and ending [as herein prescribed for a fiscal year] April thirti-
35 eth. Nothing contained in this subdivision shall be deemed to alter any
36 statutory requirement with respect to an obligation of the state to
37 disburse moneys on or before a specific date or with respect to an obli-
38 gation of any person to make required payments in the form of taxes,
39 fees or other charges or other obligations to the state on or before a
40 specific date.
41 § 14. The opening paragraph of subdivision 17 of section 8 of the
42 state finance law, as added by chapter 992 of the laws of 1983, is
43 amended to read as follows:
44 Report annually to the legislature on or before [May] June first on
45 the contracts issued by state agencies during the previous fiscal year
46 for consulting services. The report shall include the following informa-
47 tion for each agency:
48 § 15. Intentionally omitted.
49 § 16. The opening paragraph of paragraph j of subdivision 1 of section
50 54 of the state finance law, as added by chapter 430 of the laws of
51 1997, is amended to read as follows:
52 The comptroller and the commissioner of taxation and finance shall
53 jointly prepare and furnish to the state board of real property services
54 by [June] July fifteenth of each year, a certified report setting forth
55 total state tax collections during the prior state fiscal year.
A. 1 12
1 § 17. The opening paragraph of subdivision 5 of section 55 of the
2 state finance law, as added by chapter 59 of the laws of 1982, is
3 amended to read as follows:
4 The comptroller shall annually submit a report to the director of the
5 budget, the [chairman] chairs of the senate finance committee and the
6 [chairman of the] assembly ways and means committee. Such report shall
7 be submitted no later than the last business day of [June] July and
8 shall provide a comprehensive analysis of any flexible notes and/or
9 short-term series notes issued or outstanding in the previous fiscal
10 year. Such report shall include, but not be limited to:
11 § 18. Subparagraph (ii) of paragraph 4 of subdivision (a) of section
12 83 of the state finance law, as amended by chapter 512 of the laws of
13 1994, is amended to read as follows:
14 (ii) The state comptroller shall provide an annual report of the trust
15 account which lists the amount of the principal, the earned income, the
16 earned income accrued to the principal, and the earned income trans-
17 ferred to the conservation fund pursuant to subparagraph (iii) of this
18 paragraph not later than [April] May tenth of each year for the state
19 fiscal year ending the immediately preceding [March thirty-first] April
20 thirtieth. A copy of such report shall be transmitted, forthwith, to the
21 director of the division of the budget, the [chairman] chair of the
22 senate finance committee, the [chairman] chair of the assembly ways and
23 means committee, the commissioner of the department of environmental
24 conservation and each of the eleven members of the conservation fund
25 advisory [council] board, created pursuant to section [seven hundred of
26 the executive law] 11-0327 of the environmental conservation law.
27 § 19. Subdivision 6 of section 85 of the state finance law, as added
28 by chapter 63 of the laws of 1988, is amended to read as follows:
29 6. Commencing [April] May first, [nineteen hundred ninety] two thou-
30 sand seven and at the beginning of each fiscal year thereafter, if the
31 state comptroller finds that the total amount to the credit of the fund
32 as of the first day of the previous month is in excess of the sum of one
33 million dollars, he shall advise the [chairman] chair of the senate
34 finance committee, the [chairman] chair of the assembly ways and means
35 committee and the director of the budget of such findings, and shall
36 within thirty days thereafter transfer to the general fund of the state
37 a sum equal to the amount of such excess.
38 § 20. Subdivision 4 of section 92-a of the state finance law, as added
39 by chapter 53 of the laws of 1985, is amended to read as follows:
40 4. In the budget bills accompanying the budget for each state fiscal
41 year beginning on or after April first, nineteen hundred eighty-six but
42 prior to [April] May first, two thousand seven, the governor shall
43 recommend an appropriation to be made to the account established by this
44 section during the ensuing fiscal year from any moneys in the general
45 fund to the credit of the local assistance account. The amount of such
46 recommended appropriation shall be an amount that the governor deter-
47 mines to be appropriate based on the economic condition of the state at
48 such time, his prognosis as to the condition of the state economy during
49 the ensuing fiscal year, [his] estimates of all the state expenditures
50 that are necessary to be made for other purposes during the ensuing
51 fiscal year, and [his] projections of all the revenues and moneys that
52 are likely to be available therefor. No moneys shall be paid into such
53 fund until a certificate of approval by the director of the budget has
54 been filed with the [chairmen] chairs of the senate finance committee
55 and the assembly ways and means committee.
A. 1 13
1 § 21. Subdivision 4 of section 94 of the state finance law, as amended
2 by chapter 190 of the laws of 1990, is amended to read as follows:
3 4. On or before [April] May twentieth in each year[, commencing with
4 April twentieth, nineteen hundred ninety-one], the chief administrator
5 shall determine and certify to the comptroller the difference between:
6 (a) the aggregate receipts derived by the state from the fees specified
7 in paragraph (e) of subdivision two of section thirty-nine of the judi-
8 ciary law during the fiscal year ending the preceding [March thirty-
9 first] April thirtieth plus all interest paid to the commissioner of
10 taxation and finance during such fiscal year pursuant to section one
11 hundred eighty-two of this chapter, and (b) the aggregate receipts
12 derived by the state from the fees specified in paragraph (e) of subdi-
13 vision two of section thirty-nine of the judiciary law during the state
14 fiscal year commencing April first, nineteen hundred eighty-six. One-
15 half of the amount of such difference shall thereupon be transferred by
16 the comptroller from the general fund to the court facilities incentive
17 aid fund.
18 § 22. Subdivision 4 of section 99-d of the state finance law, as added
19 by chapter 474 of the laws of 1996, is amended to read as follows:
20 4. Notwithstanding section forty of this chapter or any other
21 provision of law, appropriations of this fund shall be available for
22 liabilities incurred during and after the close of the fiscal year for
23 which such appropriations are enacted, provided however that such appro-
24 priations shall lapse on the fifteenth day of [September] October
25 following the close of the fiscal year, and no monies shall thereafter
26 be paid out of the state treasury or any of its funds or the funds under
27 its management pursuant to such appropriations.
28 § 23. Subdivision 2 of section 99-e of the state finance law, as added
29 by chapter 309 of the laws of 1996, is amended to read as follows:
30 2. Such account shall consist (a) of any and all unexpended and unen-
31 cumbered moneys received by the state university of New York from
32 tuition, fees, user charges, or other sources and deposited into the
33 income offset account, and (b) any other undisbursed balance of the
34 general fund appropriation as of the last day of the state university
35 fiscal year as reduced pursuant to subparagraph six of paragraph c of
36 subdivision four of section three hundred fifty-five of the education
37 law to reflect any aggregate amount established by the director of the
38 budget less than the amount appropriated. Such moneys shall be trans-
39 ferred by the state comptroller into the stabilization account on or
40 before [September] October fifteenth within thirty days of such date. In
41 addition, all or a portion of the account balances in other state
42 university income accounts, except the dormitory income reimbursable
43 account, shall be transferred by the state comptroller, at the request
44 of the state university, to the stabilization account.
45 § 24. Subdivision a of section 1615 of the tax law, as amended by
46 chapter 170 of the laws of 1994, is amended to read as follows:
47 a. All books, accounts and records of the division, relating to the
48 state lottery, shall be kept by fiscal years beginning on the first day
49 of [April] May and ending on the [thirty-first] thirtieth day of [March]
50 April next following. The division shall separately identify the actual
51 sales receipts, prizes, appropriations and expenditures for advertising
52 and promotions, reserves and the interest thereon by type by game, and
53 the source and use of unclaimed prize funds by type by game on an
54 accrual and cash basis where both are available and on an accrual or
55 cash basis where both are not available.
A. 1 14
1 § 25. Section 17.03 of the parks, recreation and historic preservation
2 law is amended to read as follows:
3 § 17.03 Allocation of monies. The monies received by the state from
4 the sale of bonds sold pursuant to the outdoor recreation development
5 bond act shall be expended pursuant to appropriations for (1) marine,
6 (2) park, (3) historic site and (4) forest recreation projects, and for
7 (5) municipal park projects in New York city and (6) municipal park
8 projects outside New York City. The director of the budget shall certify
9 to the state comptroller on the first day of [April] May of each year
10 that portion of the outdoor recreation development bond act authori-
11 zation estimated to be expended in the ensuing fiscal year for each of
12 the above purposes in fulfillment of capital construction development
13 appropriations, and proceeds of the sale of outdoor recreation develop-
14 ment bonds shall be so allocated. Such certification may be amended from
15 time to time by the director of the budget. The director of the budget
16 shall file a copy of such certificate and each amendment thereof with
17 the [chairman] chair of the senate finance committee, and the [chairman]
18 chair of the assembly ways and means committee.
19 § 26. Subdivision 1 of section 27.15 of the parks, recreation and
20 historic preservation law, as amended by chapter 400 of the laws of
21 1973, is amended to read as follows:
22 1. Every county, city, town or village enforcing the provisions of
23 this chapter relating to snowmobiles shall be entitled to receive state
24 aid as hereinafter provided. A county, city, town or village seeking
25 reimbursement for expenditures incurred in enforcement of this article,
26 including expenditures incurred for signs and markers therefor, shall
27 submit to the commissioner by January first of each year an estimate of
28 such expenditures for the current fiscal year, in such form and contain-
29 ing such information as the commissioner may require. Within one month
30 after the close of the fiscal year, each such county, city, town or
31 village shall submit to the commissioner a statement of authorized
32 expenditures actually incurred, in such form and containing such infor-
33 mation as he may require. For the purpose of this section, "fiscal year"
34 shall mean the period from [April] May first through [March thirty-
35 first] April thirtieth.
36 § 27. Subdivision 3 of section 27.17 of the parks, recreation and
37 historic preservation law, as amended by section 2 of part G of chapter
38 82 of the laws of 2002, is amended to read as follows:
39 3. Every county or, where applicable, any city, town or village within
40 such county, shall be eligible for a grant for the development and main-
41 tenance of a system of snowmobile trails and a program with relation
42 thereto within its boundaries. Such grants shall be made by the commis-
43 sioner and may constitute up to one hundred percent of the cost of such
44 program including expenditures incurred for signs and markers of snowmo-
45 bile trails. Any county or, where applicable, any city, town or village
46 within such county, applying for such grant shall submit to the commis-
47 sioner by September first of each year an estimate of such expenditures
48 for the current fiscal year, in such form and containing such informa-
49 tion as the commissioner may require. No city, town or village may
50 apply for such grant where the county within which it is contained has
51 submitted an application for the same fiscal year. For the purpose of
52 this section, "fiscal year" shall mean the period from [April] May first
53 through [March thirty-first] April thirtieth. The commissioner shall
54 review all such applications and shall determine the amount of state aid
55 to be allocated to each county or, where applicable, any city, town or
56 village within such county in accordance with the provisions of subdivi-
A. 1 15
1 sion five of this section. Of the amount the commissioner determines
2 each county or, where applicable, any city, town or village within such
3 county is eligible to receive, seventy percent shall be made available
4 for distribution by November first and thirty percent for distribution
5 upon demonstration of completion, submitted by June first, of the
6 program.
7 § 28. Subdivision 3 of section 551 of the labor law, as added by chap-
8 ter 705 of the laws of 1944, is amended to read as follows:
9 3. Payment of administrative expenses. The total amount of expenses
10 incurred by the commissioner in connection with the administration of
11 this article and such proportion of the total expenses of maintaining
12 the public employment offices as established under this chapter and for
13 the purposes of this article, as shall be determined to be necessary and
14 required by the provisions of this article and so certified by the
15 commissioner, shall, upon audit by the comptroller, be disbursed from
16 the unemployment administration fund. Annually, as soon as practicable
17 after [April] May first, the commissioner and the comptroller shall
18 ascertain the total amount of such expenses incurred during the preced-
19 ing fiscal year. An itemized statement of the total expenses so ascer-
20 tained shall be open to public inspection in the office of the commis-
21 sioner after notice in an official publication of the department. All
22 disbursements from such fund shall be made by the commissioner of taxa-
23 tion and finance on the warrant of the comptroller.
24 § 29. Subdivision d of section 16-a of the retirement and social secu-
25 rity law, as added by chapter 33 of the laws of 1986, is amended to read
26 as follows:
27 d. On or before October fifteenth of nineteen hundred eighty-six and
28 each succeeding year during the amortization period, the comptroller
29 shall file with the director of the budget an estimate of the amount of
30 the annual payment required to be made pursuant to this section in the
31 state fiscal year beginning the first day of [April] May next succeeding
32 such October fifteenth.
33 § 30. Subdivision a of section 316 of the retirement and social secu-
34 rity law, as amended by chapter 33 of the laws of 1986, is amended to
35 read as follows:
36 a. Upon the basis of each annual actuarial valuation and appraisal
37 provided for in this article, the comptroller, on or before the
38 fifteenth day of October of each year, shall prepare and file with the
39 director of the budget an itemized estimate of the amounts necessary to
40 be appropriated by the state to the pension accumulation fund and the
41 New York state public employees group life insurance plan, as appropri-
42 ate. Such itemized estimate may be revised on or before December thirti-
43 eth of each such year. Such amounts shall be sufficient to provide for
44 payment in full for (i) the succeeding fiscal year of all estimated
45 obligations of the state to the [policemen's and firemen's] New York
46 state and local police and fire retirement system; and (ii) any actual
47 obligations of the state to such retirement system, remaining unpaid,
48 plus interest on such amount, for the fiscal year ending on the [March
49 thirty-first] April thirtieth preceding such date; provided, however,
50 that such estimate of actual obligations shall be made commencing with
51 the filings due on October fifteenth, [nineteen hundred eighty-seven]
52 two thousand six and thereafter. If, as a result of the estimate
53 required to be made pursuant to clause (i) of the preceding sentence,
54 the state overpaid its actual obligation to the retirement system in any
55 year, the amount estimated in the filing required by this subdivision
56 next succeeding such overpayment shall reflect the amount of such over-
A. 1 16
1 payment, plus interest on such amount, as a reduction in amounts that
2 would otherwise be estimated to be due the retirement system from the
3 state. An item of appropriation which shall be sufficient to provide for
4 such obligations shall be included in the next annual appropriation bill
5 when it is presented to the legislature for passage. The amounts so
6 appropriated or so much thereof as may be required shall be paid from
7 the state treasury on warrant of the comptroller into the pension accu-
8 mulation fund and the New York state public employees group life insur-
9 ance plan, as appropriate, on March first of each state fiscal year. For
10 the purposes of this section, interest shall mean the rate or rates of
11 interest used in the actuarial valuations covering the period of time
12 over which such interest is computed.
13 § 31. Subdivision d of section 316-a of the retirement and social
14 security law, as added by chapter 33 of the laws of 1986, is amended to
15 read as follows:
16 d. On or before October fifteenth of [nineteen hundred eighty-six] two
17 thousand six and each succeeding year during the amortization period,
18 the comptroller shall file with the director of the budget an estimate
19 of the amount of the annual payment required to be made pursuant to this
20 section in the state fiscal year beginning the first day of [April] May
21 next succeeding such October fifteenth.
22 § 32. The legislative law is amended by adding a new article 4-B to
23 read as follows:
24 ARTICLE 4-B
25 NEW YORK STATE INDEPENDENT BUDGET OFFICE
26 Section 75. Powers and duties of the New York state independent budget
27 office.
28 76. Director of the New York state independent budget office.
29 § 75. Powers and duties of the New York state independent budget
30 office. There shall hereby be established a New York state independent
31 budget office. 1. It shall be the duty of the New York state independent
32 budget office to provide the members and committees of the legislature
33 with information which will assist such officials and bodies in the
34 discharge of their responsibilities which are related to the budgetary
35 process including:
36 (a) information with respect to the budget, appropriations bills and
37 proposed laws with fiscal implications;
38 (b) information with respect to estimated revenues and receipts, and
39 changing revenue conditions; and
40 (c) to the extent practicable, such other information or analyses as
41 may be requested by such officials and bodies.
42 Requests made by the speaker of the assembly, the temporary president
43 of the senate, the chair of the assembly ways and means committee and
44 the chair of the senate finance committee regarding the budget, revenues
45 and expenditures shall receive priority attention.
46 2. The independent budget office may complete a fiscal impact state-
47 ment:
48 (a) for any bill at the request of the speaker of the assembly or the
49 temporary president of the senate; and
50 (b) at the request of committee chairs for any bill referred to their
51 respective committees. Fiscal impact statements shall estimate the
52 impact on state revenues or expenditures.
53 3. The independent budget office may publish a report with respect to
54 the expected levels of state revenues by the first day of January, the
55 first day of April, the first day of July and the first day of October
56 of each year.
A. 1 17
1 4. The independent budget office may prepare an economic and revenue
2 forecast in time for its review by the conveners of the consensus
3 economic and revenue forecasting conference in the month of March of
4 each year.
5 5. The independent budget office may publish by December first of each
6 year a report analyzing the fiscal outlook of the state for the next
7 three years.
8 6. The independent budget office may, from time to time, publish such
9 reports as may be appropriate to enhance the official and public under-
10 standing of the budgetary process and of the budget documents.
11 7. All studies and reports prepared by the independent budget office
12 shall be made available to the public and shall also be made available
13 by electronic means over the internet.
14 § 76. Director of the New York state independent budget office. 1. The
15 New York state independent budget office shall be headed by a director
16 who shall be jointly appointed by the speaker of the assembly and the
17 temporary president of the senate.
18 2. (a) There shall be an independent budget office advisory committee
19 consisting of (i) one person appointed by each of the following offi-
20 cials and who shall serve at the pleasure of such officials; the chair
21 and ranking member of the assembly ways and means committee and the
22 chair and ranking member of the senate finance committee, and (ii) six
23 other members jointly appointed by the speaker of the assembly and the
24 temporary president of the senate, who shall serve for two year terms.
25 The members shall all be individuals with extensive experience and know-
26 ledge in the fields of finance, economics, accounting, public adminis-
27 tration and public policy analysis including at least one nationally
28 recognized expert in the fields of budget theory and the budget process;
29 one dean or director or former dean or director of a graduate school of
30 business administration located in New York state; one officer or former
31 officer or economic advisor of a labor union; one officer or former
32 officer or economic advisor to a business corporation; and one officer
33 or former officer of a civic or public interest advocacy organization
34 involved in budget matters.
35 (b) The independent budget office advisory committee may assist in the
36 development of guidelines for the best practices of the independent
37 budget office. The independent budget office advisory committee shall
38 meet annually. In the event of a vacancy, the committee shall provide
39 to the speaker of the assembly and the temporary president of the senate
40 a list of qualified candidates for the position of director.
41 (c) Members of the advisory committee shall receive no compensation
42 but shall be reimbursed for reasonable expenses incurred in connection
43 with their duties.
44 3. The director of the independent budget office shall be appointed
45 without regard to political affiliation and solely on the basis of
46 fitness to perform the duties assigned by this article. The initial term
47 of office of the first director shall be three years commencing on Janu-
48 ary first, two thousand six, and the subsequent terms of office there-
49 after shall be for two years commencing January first, two thousand
50 nine. Any individual appointed to fill a vacancy prior to the expira-
51 tion of a term shall serve only for the unexpired portion of such term.
52 An individual serving as director at the expiration of the term may
53 continue to serve until a successor is appointed.
54 4. The director of the independent budget office shall appoint such
55 personnel and procure the services of such experts and consultants,
56 within the appropriations available therefor, as may be necessary for
A. 1 18
1 such director to carry out the duties and functions assigned pursuant to
2 this article. Such personnel and experts shall perform such duties as
3 may be assigned to them by the director.
4 5. The director of the independent budget office shall be authorized
5 to secure such information, data, estimates and statistics directly from
6 the agencies of the state as the director determines to be necessary for
7 the performance of the functions and duties of the independent budget
8 office, and such agencies shall provide such information in a timely
9 fashion. Such director shall not be entitled to obtain records which are
10 protected by the privileges for attorney-client communications, attorney
11 work product and material prepared for litigation.
12 § 33. Section 22 of the state finance law is amended by adding a new
13 subdivision 16 to read as follows:
14 16. a. With respect to appropriations for any information technology
15 project involving one or more contracts and totalling five million
16 dollars or more proposed for funding in the budget submitted annually by
17 the governor to the legislature, the amount requested to fund each such
18 project shall be set forth as a separate item of appropriation.
19 Notwithstanding any provision of law to the contrary, such appropriation
20 or a portion thereof shall be made available only upon the submission to
21 the director of the budget, the chair of the senate finance committee
22 and the chair of the assembly ways and means committee, of a project
23 design, development and implementation plan prepared by the commissioner
24 of the lead agency for the project. Such plan shall include, but not be
25 limited to, a schedule for the design, development and implementation of
26 the project that identifies functional design components, specifica-
27 tions, and requirements, key milestones, timetable, the estimated cost
28 of each phase of the project and weighs the appropriateness of discrete
29 technical and functional project components. The plan shall document the
30 rationale for project scope and method of procurement, including whether
31 the project will be procured as a single contract or as separate
32 contracts of discrete technical and functional components. Any expendi-
33 ture made pursuant to such appropriation shall be in accordance with
34 such plan.
35 b. Within thirty days following the submission of the budget by the
36 governor for each fiscal year, beginning with the two thousand six--two
37 thousand seven fiscal year, the director of the budget shall transmit to
38 the chairs of the senate finance committee and the assembly ways and
39 means committee a report which includes project specific information for
40 the proposed appropriations identified in paragraph a of this subdivi-
41 sion and any other projects which appear as separate items of appropri-
42 ation. Such report shall set forth:
43 (1) existing or anticipated contracts, including the agency or agen-
44 cies which let or anticipate letting such contracts;
45 (2) vendor name when available;
46 (3) a description of the project and contract purpose in less than
47 thirty words;
48 (4) whether such contracts are or are anticipated to be centralized
49 contracts;
50 (5) anticipated lifetime contract costs, broken down by fiscal year;
51 (6) contract amendments and/or change orders for the current fiscal
52 year, including value if any and reasons therefor;
53 (7) the estimated date of contract completion, including annual time-
54 table for a multi-year contract and any change in such timetable since
55 the previous report and the reasons therefor;
A. 1 19
1 (8) the total of all expenditures on such specific contracts made
2 prior to the then current fiscal year, including all agencies which have
3 incurred such costs including when expenditures are made off of a
4 centralized contract;
5 (9) the total amount of expenditures on such specific contracts esti-
6 mated to be made during the then current fiscal year and during each of
7 the next ensuing five fiscal years for multi-year contracts, including
8 all agencies which have incurred such costs including when expenditures
9 are made off of a centralized contract;
10 (10) whether such project is financed by the issuance of certificates
11 of participation or similar instruments and the associated costs related
12 thereto; and
13 (11) such other information as necessary to fully describe the state
14 obligation with regard to such specific or anticipated contracts.
15 § 34. The state finance law is amended by adding a new section 2-b to
16 read as follows:
17 § 2-b. Additional definition. As used in subdivision sixteen of
18 section twenty-two of this chapter, the term "information technology"
19 shall mean a good, service or good and service that results in a
20 digital, electronic or similar technical method of achieving a practical
21 purpose or in improvements in productivity, including but not limited to
22 information management, equipment, software, operating systems, inter-
23 face systems, interconnected systems, telecommunications, data manage-
24 ment, networks, and network management, consulting, supplies, facili-
25 ties, maintenance and training.
26 § 35. Section 23 of the state finance law is amended by adding a new
27 subdivision 7 to read as follows:
28 7. Revision of information. Information required by subdivisions one,
29 three, seven, ten, eleven, twelve, and thirteen of section twenty-two of
30 this article shall be revised to reflect legislative action on the exec-
31 utive budget and on the contingency budget and shall be presented to the
32 legislature and the public within thirty days of final legislative
33 action on appropriation bills, not including any deficiency bill.
34 § 36. Subdivisions 3 and 4 of section 92 of the state finance law, as
35 separately amended by chapters 405 and 957 of the laws of 1981, are
36 amended to read as follows:
37 3. At the close of each fiscal year any cash surplus remaining in the
38 general fund over and above the norm for such fiscal year shall be
39 transferred from or retained in such fund as hereinafter in this subdi-
40 vision provided. There shall be transferred to the tax stabilization
41 reserve fund all of such surplus moneys, up to and including an amount
42 equivalent to two-tenths of one per centum of such norm, unless such
43 transfer would increase such reserve fund to an amount in excess of
44 [two] three per centum of the amount of the norm for such fiscal year,
45 in which event such transfer shall be limited to such amount as will
46 increase such reserve fund to such [two] three per centum limitation.
47 Any balance of such surplus moneys, thereafter remaining in the general
48 fund, shall be retained in such fund and be available for the reduction
49 of state taxes.
50 4. In the event that at the close of any fiscal year the receipts
51 derived from the taxes, fees and other sources, required to be paid
52 during such fiscal year into the general fund of the state shall fall
53 below the norm for such fiscal year, there shall be transferred from the
54 tax stabilization reserve fund to the general fund to the extent that
55 there are sufficient moneys in the tax stabilization reserve fund, an
56 amount equal to the difference between the norm and the amount of such
A. 1 20
1 receipts. If such transfer reduces the tax stabilization reserve fund to
2 an amount less than [two] three per centum of the norm for such fiscal
3 year, the amount so transferred shall be repaid in cash prior to the
4 computation and payment of any transfer to the fund pursuant to subdivi-
5 sion three of this section in not less than three equal annual install-
6 ments within the period of six years or less next succeeding the date of
7 such transfer; provided, however, that if any such annual installment
8 shall increase such reserve fund to an amount in excess of [two] three
9 per centum of the amount of the norm for the then current fiscal year,
10 such installment shall be limited to such amount as will increase such
11 reserve fund to such [two] three per centum limitation and no further
12 repayment of the whole or any part of such transfer shall be required in
13 any subsequent fiscal year. Repayments to the tax stabilization reserve
14 fund shall be stipulated in annual budget bills.
15 § 37. The state finance law is amended by adding a new section 92-dd
16 to read as follows:
17 § 92-dd. Fiscal stabilization reserve fund. 1. There is hereby estab-
18 lished in the state treasury a fund to be known as the fiscal stabiliza-
19 tion reserve fund. Such fund shall consist of moneys deposited therein
20 and monies shall be withdrawn from such fund only for the purposes as
21 provided therein.
22 2. For each fiscal year commencing on or after April first, two thou-
23 sand six, an amount shall be transferred from the general fund and
24 deposited in the fiscal stabilization reserve fund which shall be calcu-
25 lated as two-tenths of one per centum of all moneys deposited into the
26 state treasury excluding federal funds, fiduciary funds and bond
27 proceeds, during the immediately preceding fiscal year reduced by the
28 amount that the sum of the balance of the fund at the beginning of the
29 fiscal year and two-tenths of one per centum of all the moneys deposited
30 into the state treasury during the immediately preceding fiscal year
31 exceeds three per centum of the moneys deposited in the state treasury
32 excluding federal funds, fiduciary funds and bond proceeds deposited
33 into the state treasury during the immediately preceding fiscal year.
34 3. Moneys available in the fiscal stabilization reserve fund shall be
35 withdrawn from the fund and transferred to the general fund in any
36 subsequent fiscal year for the payment of education aid to school
37 districts and boards of cooperative educational services during the
38 first two months of the state fiscal year for each year beginning on or
39 after May first, two thousand seven and for other purposes in the amount
40 jointly certified as necessary by the governor, the temporary president
41 of the senate and speaker of the assembly, provided that the amount
42 transferred shall not exceed the amount of moneys available in the
43 fiscal stabilization reserve fund. Any transfers from the fund for the
44 payment of education aid to school districts and boards of cooperative
45 education shall be repaid in the subsequent fiscal year. If an addi-
46 tional transfer reduces the fiscal stabilization reserve fund to an
47 amount less than three per centum of the moneys deposited in the state
48 treasury excluding federal funds, fiduciary funds and bond proceeds for
49 such fiscal year, the amount so transferred shall be repaid in cash
50 prior to the computation and payment of any transfer to the fund in not
51 less than three equal annual installments within the period of six years
52 or less next succeeding the date of such transfer; provided, however,
53 that if any such annual installment shall increase such reserve fund to
54 an amount in excess of three per centum of the amount of the moneys
55 deposited in the state treasury excluding federal funds, fiduciary funds
56 and bond proceeds for the then current fiscal year, such installment
A. 1 21
1 shall be limited to such amount as will increase such reserve fund to
2 such three per centum limitation and no further repayment of the whole
3 or any part of such transfer shall be required in any subsequent fiscal
4 year.
5 § 38. Section 22 of the state finance law is amended by adding two new
6 subdivisions 14 and 15 to read as follows:
7 14. (a) Include a current services estimate projecting the cost of
8 continuing levels of activities and programs authorized for the current
9 state fiscal year as well as provisions of law scheduled to take effect
10 through the conclusion of the ensuing state fiscal year.
11 Calculation of current services projections shall include, but not be
12 limited to, the following elements:
13 (1) Adjustments for authorized interchanges, transfers and deficien-
14 cies;
15 (2) Adjustments for annualization, or the full year cost of implement-
16 ing current state fiscal year budget actions, especially new initiatives
17 which received partial year funding;
18 (3) Elimination of non-recurring costs;
19 (4) Adjustments for inflation costs associated with meeting nonper-
20 sonal service expenditures;
21 (5) Adjustments for negotiated personal service contractual agreements
22 and related fringe benefit costs; and
23 (6) Adjustments for currently enacted statutory changes scheduled to
24 take effect in the current or ensuing state fiscal year, entitlement
25 growth, and population driven service delivery growth.
26 (b) Current service projections shall be presented in a standardized
27 tabular format showing a comparison with current year appropriations,
28 current year adjusted appropriations and appropriations recommended by
29 the governor for the following state fiscal year. These comparisons
30 shall be made at the following level of detail, where applicable, and in
31 the following order:
32 (1) Program;
33 (2) Purpose which shall include state operations, local assistance,
34 and capital projects;
35 (3) Fund type which shall include general fund, special revenue -
36 other funds, capital project funds, debt service funds and federal
37 funds; and
38 (4) Object level which shall include personal service, nonpersonal
39 service, and maintenance undistributed.
40 (c) Accompanying the standardized tabular comparison shall be a brief
41 narrative description of the effects of the governor's recommended
42 appropriations on the current services estimate.
43 15. Include a contingency budget estimate projecting the cost of
44 activities and programs authorized during the current fiscal year.
45 Calculation of a contingency budget shall include, but not be limited
46 to:
47 (a) Level of appropriations and reappropriations enacted during the
48 current fiscal year;
49 (b) Level of disbursements authorized during the current fiscal year;
50 (c) Adjustments for related statutory spending and revenue provisions
51 which would remain in effect;
52 (d) Adjustments for exceptions to contingency limits provided for in
53 subdivision three of section twenty-four-a of this article.
54 § 39. This act shall take effect immediately, provided, however, that:
55 1. Sections one through thirty-five and section thirty-eight of this
56 act shall take effect on the same date as amendments made by a concur-
A. 1 22
1 rent resolution entitled a "Concurrent Resolution of the Senate and
2 Assembly proposing amendments to articles IV and VII of the state
3 constitution in relation to the submission of the budget to the legisla-
4 ture by the governor", take effect; and
5 2. Sections thirty-six and thirty-seven of this act shall take effect
6 three years after the date on which it shall have become a law;
7 provided, however, that in the event that a concurrent resolution enti-
8 tled "Concurrent Resolution of the Senate and Assembly proposing amend-
9 ments to articles IV and VII of the constitution, in relation to the
10 submission of the budget to the legislature by the governor" fails to
11 become a part of the constitution pursuant to the provisions of section
12 1 of article XIX of the constitution then this act shall not take effect
13 and the amendments to subdivisions 3 and 4 of section 92 of the state
14 finance law made by section thirty-six of this act and section 92-dd of
15 the state finance law as added by section thirty-seven of this act shall
16 be deemed repealed.
