A02437 Summary:

BILL NOA02437
 
SAME ASNo Same As
 
SPONSORTedisco
 
COSPNSRMcDonough, Johns, Ceretto, Tenney, Raia, Hawley, Montesano, Palmesano, Finch
 
MLTSPNSRBarclay, Crouch, Goodell, Katz, McLaughlin
 
Add S53-e, St Fin L
 
Enacts the "over-expenditure, under-expenditure, transfer notification (OUT) act" to provide for the use of surplus appropriated funds and over-expenditure approval.
Go to top    

A02437 Actions:

BILL NOA02437
 
01/16/2015referred to ways and means
01/06/2016referred to ways and means
06/14/2016held for consideration in ways and means
Go to top

A02437 Committee Votes:

WAYS AND MEANS Chair:Farrell DATE:06/14/2016AYE/NAY:21/8 Action: Held for Consideration
FarrellAyeOaksNay
LentolAyeCrouchNay
SchimmingerAyeBarclayNay
GanttAyeFitzpatrickNay
WeinsteinAyeSaladinoExcused
GlickAyeHawleyNay
NolanAyeDupreyNay
PretlowAyeCorwinNay
PerryAyeMalliotakisNay
ColtonExcusedWalterExcused
CookAye
CahillAye
AubryAye
HooperAye
ThieleAye
WrightExcused
CusickAye
OrtizAye
BenedettoAye
MarkeyAye
MoyaAye
WeprinExcused
RodriguezExcused
RamosAye
BraunsteinAye

Go to top

A02437 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A02437 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2437
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2015
                                       ___________
 
        Introduced by M. of A. TEDISCO, McDONOUGH, JOHNS, CERETTO, TENNEY, RAIA,
          HAWLEY,  MONTESANO, PALMESANO, FINCH -- Multi-Sponsored by -- M. of A.
          BARCLAY, CROUCH, GOODELL, KATZ, McLAUGHLIN -- read once  and  referred
          to the Committee on Ways and Means
 
        AN  ACT  to  amend  the  state  finance law, in relation to enacting the
          "over-expenditure, under-expenditure, transfer notification (OUT) act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "over-expenditure, under-expenditure,  transfer  notification  (OUT)
     3  act".
     4    §  2. The state finance law is amended by adding a new section 53-e to
     5  read as follows:
     6    § 53-e. Surplus appropriated funds;  over-expenditure  approval.    1.
     7  Definitions. For purposes of this section the following terms shall have
     8  the following meanings:
     9    a.  "state  agency"  shall  mean  any state department, board, bureau,
    10  division, commission, committee, public authority, public benefit corpo-
    11  ration, council, office,  or  other  governmental  entity  performing  a
    12  governmental or proprietary function for the state; and
    13    b.  "surplus appropriated funds" shall mean the amount of funds appro-
    14  priated to a state agency in a fiscal year reduced by the total expendi-
    15  tures by such state agency for such fiscal year,  but  such  term  shall
    16  only apply to amounts of funds greater than zero.
    17    2.  Surplus appropriated funds. a. Notwithstanding any other provision
    18  of law, any state agency which on April first has  surplus  appropriated
    19  funds  shall,  on  or  before  April  fifteenth of such year, notify the
    20  governor, the comptroller and  the  legislature  that  such  agency  has
    21  surplus  appropriated funds and the amount of such surplus. Upon receipt
    22  of such notification, the legislature and the governor may, on or before
    23  May thirty-first of such year, enact  legislation  providing  that  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02630-01-5

        A. 2437                             2
 
     1  surplus  appropriated  funds  may be used by such state agency or trans-
     2  ferred to another state agency or both. Such legislation  shall  clearly
     3  set  forth  the  particular  purpose  or purposes for which such surplus
     4  appropriated funds shall be used or transferred. Any legislation enacted
     5  pursuant to this subdivision shall contain a condition that such surplus
     6  appropriated  funds  shall  not be used as set forth in such legislation
     7  without the approval of the state comptroller.
     8    b. On or before June thirtieth  of  such  year,  the  comptroller  may
     9  approve  the  use or transfer of funds provided for in this subdivision.
    10  If the comptroller fails to approve such use or  transfer  of  funds  by
    11  June  thirtieth  of  such year, such surplus appropriated funds shall be
    12  transferred to the general fund and shall be used for the  sole  purpose
    13  of reducing debt of the state.
    14    c.  Any  surplus  appropriated funds for which the legislature and the
    15  governor fail to enact legislation providing for the use or transfer  of
    16  such  funds  shall  be transferred to the general fund and shall be used
    17  for the sole purpose of reducing debt of the state.
    18    3. Over-expenditure approval. Notwithstanding any other  provision  of
    19  law,  any  state agency which for any reason intends to expend funds for
    20  any purpose in any fiscal year in an amount greater than amounts  appro-
    21  priated  to  such  agency  for  such  fiscal  year, shall, prior to such
    22  expenditure, notify the governor, the comptroller  and  the  legislature
    23  regarding such intention with a detailed explanation of why such expend-
    24  iture  is  necessary. Upon receipt of such notification, the legislature
    25  and the governor may enact legislation providing  for  an  appropriation
    26  for  such  expenditure.  Such  legislation  shall  clearly set forth the
    27  particular purpose or purposes for which such appropriation is made. Any
    28  legislation enacted pursuant to this subdivision shall contain a  condi-
    29  tion  that  such funds shall not be appropriated without the approval of
    30  the state comptroller.
    31    § 3. This act shall take effect immediately.
Go to top