Freezes state spending for fiscal years 2010-2011, 2011-2012 and 2012-2013; excess spending may be authorized in an emergency; excess revenue shall be used to pay down state debt; legislation with fiscal implications passed after the budget shall be offset with savings.
STATE OF NEW YORK
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5854--A
2009-2010 Regular Sessions
IN SENATE
June 11, 2009
___________
Introduced by Sen. VOLKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Finance in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to temporarily freeze state spending for fiscal years 2010-2011,
2011-2012 and 2012-2013
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. 1. Notwithstanding any provision of law to the contrary or
2 article 7 of the constitution relating to state finances, the governor
3 shall not submit any appropriation bill or bills, nor shall the legisla-
4 ture act upon any such appropriation bill or supplemental appropriation
5 bill or bills for the support of government which authorize an increase
6 in total state spending for state fiscal years 2010-2011, 2011-2012 and
7 2012-2013.
8 2. Upon a finding and declaration of an emergency by the governor, the
9 governor may submit appropriation bills which authorize total state
10 spending in excess of the limitation provided in subdivision one of this
11 section. The legislature shall authorize such spending by attaining a
12 two-thirds vote in both the Assembly and the Senate.
13 3. In any state fiscal year if total state revenues are in excess of
14 the state spending limitation pursuant to subdivision one of this
15 section, all revenues in excess of such state spending limitation shall
16 be deposited into the debt service fund and shall be used to pay down
17 state debt.
18 4. Any legislation with fiscal implications passed after the budget
19 for fiscal years 2010-2011, 2011-2012 and 2012-2013 shall be offset with
20 savings derived from existing funds and shall not impose additional
21 costs to the state.
22 5. For purposes of this section:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14132-02-0
S. 5854--A 2
1 a. "Total state spending" shall mean all state funds, which shall
2 constitute: (i) general funds, including but not limited to newly
3 imposed tax credits or tax exemptions; (ii) special revenue funds; (iii)
4 capital project funds; (iv) debt service funds. It shall not mean feder-
5 al funding or federal grants.
6 b. "Emergency" shall mean an extraordinary, unforeseen or unexpected
7 occurrence or combination of circumstances in a given fiscal year which
8 requires immediate and sudden fiscal action of a drastic but temporary
9 nature.
10 § 2. This act shall take effect immediately.
