Amd St Fin L, generally; amd S1615, Tax L; amd SS17.03, 27.15 & 27.17, Pks & Rec L; amd S551, Lab L; amd
SS16-a, 316 & 316-a, R & SS L; add Art 4-B SS75 & 76, Leg L
Relates to appropriations for general support of public education; changes the state fiscal year; reporting of journal voucher transactions; creates the NYS independent budget office; consensus revenue forecasting; quickstart; contents of the budget relating to appropriations for certain information technology projects; multi-year financial plan changes; tax stabilization reserve fund; enacting the NYS responsibility initiative accountability and results act.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11995
SPONSOR: Rules (Silver) TITLE OF BILL: An act to amend the state finance law, in relation to
appropriations for the education department for general support of
public schools; 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 state finance law, in relation to the reporting of journal
voucher transactions; 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 consensus revenue forecasting; 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 requiring separate schedules; to amend the state finance
law, in relation to contents of the budget relating to appropriations
for certain information technology projects; to amend the state finance
law, in relation to multi-year financial plan changes; to amend the
state finance law, in relation to the tax stabilization reserve fund;
and to amend the state finance law, in relation to enacting the New York
state responsibility initiative accountability and results act
PURPOSE OF BILL:
This bill makes numerous changes to the State Finance Law and the Legis-
lative Law to improve the State budget process and to ensure timely
enactment of a State budget.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 requires the Executive to submit two separate appropriations
for school aid for the upcoming fiscal year and the succeeding fiscal
year.
Sections 2 through 19 change the State Fiscal year to May 1 through
April 30. The current fiscal year runs from April 1 to March 31. The
2007-08 state fiscal year would begin on April 1 and be extended by one
month to run through April 30, 2008. Thereafter, the fiscal year would
begin on May 1 and end on April 30.
Sections 20 & 21 define the term Journal Voucher and require 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.
Section 22 requires the division of the budget to submit an estimate of
the fiscal impact of the executive budget on local governments to the
chairs of the senate finance and assembly ways and means committees and
the comptroller.
Sections 23 & 24 add 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. Same information to be required for contracted staff.
Section 25 creates an Independent Budget Office. The Independent Budget
Office would be charged with providing the Legislature with information
relating to: appropriations; revenues; revenue estimates; and the fiscal
impact of proposed laws. Priority would be given to requests made by the
Speaker of the Assembly, Majority Leader of the Senate and the Chairs of
the Senate Finance and Assembly Ways and Means Committees.
Section 26 changes the consensus economic and revenue forecasting
conference to February and includes the comptroller. The comptroller
would establish a binding revenue estimate which would be used only if
the Legislature failed to reach an agreement by March 1.
Section 27 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. Quarterly
review meetings to be held.
Sections 28 & 29 require the Executive to provide additional specificity
in the three year financial plan projections of receipts and disburse-
ments with the budget submission along with new reporting requirements
for transfers and debt.
Section 30 amends 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 Execu-
tive Budget.
Sections 31, 32, 33 require the Executive to provide additional specif-
icity in the multi-year financial plan projections of receipts and
disbursements with the budget submission along with new reporting
requirements for transfers and debt.
Section 34 increases the maximum annual deposit into the Tax Stabiliza-
tion Reserve Fund from two to five percent of the previous year's State
funds disbursement level.
Section 35 adds a requirement for estimates of fiscal impact to accompa-
ny any budget appropriation bill passed by the Legislature.
Section 36 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.
Section 37 adds performance review requirements for state agencies.
Section 38 requires this act to take effect immediately.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This bill amends:
Legislative Law: adds article 4-B, sections 75 and 76 with regard to
establishing an independent budget office.
State Finance Law: section 40, subdivisions 1, 2, and 3 with regard to
school aid appropriations; section 22, paragraphs d-2, e, e-2, and e-3
of subdivision 3, in relation to the financial plan and the content of
the budget, paragraph i of subdivision 3 with regard to reporting of
debt for the state and public authorities, subdivision 4 setting forth
the four-year financial plan, subdivision 11 with regard to the finan-
cial plan, and adding new subdivision 14 with regard to a "current
services budget," subdivision l-c with regard to local government
impact, and subdivision 16 with regard to information technology report-
ing, with the executive budget document; adding a new section 22-d with
regard to public hearings on the budget; section 23, subdivisions 3 and
4 with regard to financial plan updates, subdivision 5 with regard to
pre-budget reporting, and subdivision 6 with regard to the forecasting
process; section 8 adding new subdivisions 19 and 20 with regard to
reporting on "journal transfers;" section 2 adding a new subdivision 20
defining journal transfer; sections 3, 8, 54, 55, 83, 85, 92-a, 94,
99-d, and 99-e with regard to changing the fiscal year; additional defi-
nition to section 2-b in relation to information technology; new section
28 with regard to performance measurement; new section 53-d with regard
to estimates of fiscal impact; and section 92, subdivisions 3 and 4 with
regard to the tax stabilization reserve fund.
Labor Law: section 551 with regard to changing the fiscal year;
Parks, Recreation and Historic Preservation Law: sections 17.03, 27.15,
27.17 with regard to changing the fiscal year;
Retirement and Social Security Law: sections 16-a, 316 and 316-a with
regard to changing the fiscal year;
Tax Law: section 1615 with regard to changing the fiscal year.
JUSTIFICATION: The provisions described are necessary to implement a
comprehensive plan to overhaul and restructure the budget process, so
that state budgets are passed on time.
PRIOR LEGISLATIVE HISTORY: New legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: This bill would
result in an improved State credit rating and lower costs to school
districts and other municipalities 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: Immediately except for section 34 which shall become
effective in three years.
STATE OF NEW YORK
________________________________________________________________________
S. 8414 A. 11995
SENATE - ASSEMBLY
June 19, 2006
___________
IN SENATE -- Introduced by Sens. BRUNO, JOHNSON, ALESI, BALBONI, BONA-
CIC, DeFRANCISCO, FARLEY, FLANAGAN, FUSCHILLO, GOLDEN, HANNON, LARKIN,
LAVALLE, LEIBELL, LIBOUS, LITTLE, MALTESE, MARCELLINO, MARCHI,
MAZIARZ, MEIER, MORAHAN, NOZZOLIO, PADAVAN, RATH, ROBACH, SALAND,
SEWARD, SKELOS, SPANO, TRUNZO, VOLKER, WINNER, WRIGHT, YOUNG -- read
twice and ordered printed, and when printed to be committed to the
Committee on Rules
IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
A. Silver, Farrell, John, Grannis, Destito, Tokasz) -- read once and
referred to the Committee on Ways and Means
AN ACT to amend the state finance law, in relation to appropriations for
the education department for general support of public schools; 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
state finance law, in relation to the reporting of journal voucher
transactions; 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 consensus revenue forecasting; 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 requiring separate schedules; to amend the state finance
law, in relation to contents of the budget relating to appropriations
for certain information technology projects; to amend the state
finance law, in relation to multi-year financial plan changes; to
amend the state finance law, in relation to the tax stabilization
reserve fund; and to amend the state finance law, in relation to
enacting the New York state responsibility initiative accountability
and results act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17589-01-6
S. 8414 2 A. 11995
1 Section 1. Subdivisions 1, 2 and 3 of section 40 of the state finance
2 law, as amended by chapter 169 of the laws of 1994, are amended to read
3 as follows:
4 1. The budget and the budget bills submitted by the governor shall
5 include all appropriations which in the opinion of the governor will be
6 required during the full succeeding fiscal year. In the case of appro-
7 priations for the general support of public schools and the state
8 lottery fund, the budget and the budget bills submitted by the governor
9 shall include all appropriations for the general support of public
10 schools and the state lottery fund which in the opinion of the governor
11 will be required during the next full fiscal year following the succeed-
12 ing fiscal year, and any additional appropriations for the general
13 support of public schools which in the opinion of the governor will be
14 required during the full succeeding fiscal year above, at or below the
15 amounts appropriated for such purposes in the current fiscal year. Such
16 appropriations shall be proposed as separate appropriations applying
17 individually to the succeeding fiscal year and the next succeeding
18 fiscal year.
19 2. (a) No appropriation made at a regular session of the legislature
20 shall, unless the contrary is expressly provided in the act by which
21 such appropriation is made, be available prior to the commencement of
22 the fiscal year for which the budget is adopted at such session, and
23 every appropriation made at such session, except as provided in para-
24 graphs (b), (d), and (e) of this subdivision, shall cease to have force
25 and effect, except as to liabilities already incurred thereunder, at the
26 close of [such] the fiscal year in which such appropriation shall first
27 become available.
28 (b) Every deficiency appropriation made at a regular session of the
29 legislature which by the express terms of the act by which such appro-
30 priation is made shall be available prior to the commencement of the
31 fiscal year for which the budget is adopted at such session shall cease
32 to have force and effect, except as to liabilities already incurred
33 thereunder, at the close of the fiscal year in which such appropriation
34 shall become available.
35 (c) Every appropriation made at an extraordinary session of the legis-
36 lature shall, unless the contrary is expressly provided in the act by
37 which such appropriation is made, be available immediately upon the
38 taking effect of such act and shall cease to have force and effect,
39 except as to liabilities already incurred thereunder, at the close of
40 the fiscal year in which such appropriation shall become available.
41 (d) Every appropriation enacted in the fund type special revenue
42 funds-federal for a grant period which extends beyond [March thirty-
43 first] April thirtieth of the fiscal year in which the appropriations
44 are enacted shall be available for liabilities incurred during such
45 grant period after such [March thirty-first] April thirtieth date.
46 (e) All state operations appropriations made to the city university of
47 New York and the state university of New York shall cease to have force
48 and effect, except as to liabilities already incurred thereunder, as of
49 the thirtieth day of June immediately following the state fiscal year
50 for which they are enacted.
51 3. Every appropriation for whatever purpose which at the close of the
52 fiscal year in which such appropriation shall first become available,
53 shall cease to have force and effect except as to liabilities already
54 incurred thereunder shall as to such liabilities continue in force and
55 effect until the dates specified in paragraphs (a), (b), (c) and (d) of
56 this subdivision, on which dates such appropriation shall lapse and no
S. 8414 3 A. 11995
1 money shall thereafter be paid out of the state treasury or any of its
2 funds or any of the funds under its management pursuant to such appro-
3 priation.
4 (a) Except for appropriations made to the city university of New York
5 and the state university of New York, all state operations appropri-
6 ations including special revenue funds-federal appropriations continued
7 pursuant to paragraph (d) of subdivision two of this section shall lapse
8 on the [thirtieth] thirty-first day of [June] July immediately following
9 the close of the fiscal year. The appropriations made to the city
10 university of New York or the state university of New York shall lapse
11 on the thirtieth day of September immediately following the close of the
12 fiscal year.
13 (b) All aid to localities appropriations including special revenue
14 funds-federal appropriations continued pursuant to paragraph (d) of
15 subdivision two of this section shall lapse on the fifteenth day of
16 [September] October immediately following the close of the fiscal year.
17 (c) All capital projects appropriations shall lapse on the fifteenth
18 day of [September] October immediately following the close of the fiscal
19 year.
20 (d) All other appropriations shall lapse on the fifteenth day of
21 [September] October immediately following the close of the fiscal year.
22 § 2. Section 3 of the state finance law, as added by chapter 1 of the
23 laws of 1943 and as separately renumbered by chapters 405 and 957 of the
24 laws of 1981, is amended to read as follows:
25 § 3. Fiscal year. 1. The [current] fiscal year of the state which
26 [commenced] commences with the first day of [July] April, [nineteen
27 hundred forty-two] two thousand seven, is hereby [abridged] extended and
28 shall end with the [thirty-first] thirtieth day of [March] April, [nine-
29 teen hundred forty-three] two thousand eight. For [all purposes of
30 determining annual increments of state employees pursuant to the educa-
31 tion law, the civil service law or other state law, and for] all
32 purposes whenever by law some act is to be performed or time is to be
33 measured by the fiscal year of the state, [the current] such fiscal
34 year, as so [abridged] extended, shall be deemed to be [a full] only one
35 year unless the context clearly requires a contrary construction.
36 On and after the first day of [April] May, [nineteen hundred forty-
37 three] two thousand eight, the fiscal year of the state, for the purpose
38 of budget, appropriations, receipts and disbursements of state moneys
39 and all other state affairs which are regulated in accordance with or
40 based on fiscal years, including the fiscal affairs of all state depart-
41 ments, commissions, boards, agencies, offices and institutions, shall
42 begin with the first day of [April] May and end with the next following
43 [thirty-first] thirtieth day of [March] April.
44 2. All books and accounts in the offices of the comptroller and the
45 department of taxation and finance shall be kept by fiscal years. All
46 annual accounts required to be rendered to the comptroller or to such
47 department by any person shall be closed on the [thirty-first] thirtieth
48 day of [March] April in each year, and be rendered as soon thereafter as
49 practicable, if no time is specially prescribed by law.
50 3. Where any statute provides, in terms or effect, that any inventory
51 or account, or a report relating in whole or in part to receipts and
52 disbursements of money, be made to the legislature or any state officer
53 annually, or for a year, by a department, commission, board, or officer
54 under the state government, such inventory or account, and such report
55 so far as it relates to such receipts and disbursements, shall be for
S. 8414 4 A. 11995
1 the preceding fiscal year, unless the calendar year be expressly
2 mentioned.
3 4. Existing provisions of other laws describing or referring to a
4 fiscal year of the state as beginning [July] April first and ending
5 [June thirtieth] March thirty-first, or making any requirement with
6 respect to such fiscal year, or referring to any year so beginning and
7 ending which applies to [inventories or accounts in] state matters, or
8 to [reports relating to] state money or property, shall be deemed modi-
9 fied by and be construed in connection with this section, and be deemed
10 to refer to a fiscal [or to another] year [or period] beginning May
11 first, and ending [as herein prescribed for a fiscal year] April thirti-
12 eth. Nothing contained in this subdivision shall be deemed to alter any
13 statutory requirement with respect to an obligation of the state to
14 disburse moneys on or before a specific date or with respect to an obli-
15 gation of any person to make required payments in the form of taxes,
16 fees or other charges or other obligations to the state on or before a
17 specific date.
18 § 3. The opening paragraph of subdivision 17 of section 8 of the state
19 finance law, as amended by chapter 10 of the laws of 2006, is amended to
20 read as follows:
21 Report annually to the legislature on or before [May] June first on
22 the contracts issued by state agencies during the previous fiscal year
23 for consulting services. The report shall include the following informa-
24 tion for each agency:
25 § 4. The opening paragraph of paragraph j of subdivision 1 of section
26 54 of the state finance law, as added by chapter 430 of the laws of
27 1997, is amended to read as follows:
28 The comptroller and the commissioner of taxation and finance shall
29 jointly prepare and furnish to the state board of real property services
30 by [June] July fifteenth of each year, a certified report setting forth
31 total state tax collections during the prior state fiscal year.
32 § 5. The opening paragraph of subdivision 5 of section 55 of the state
33 finance law, as added by chapter 59 of the laws of 1982, is amended to
34 read as follows:
35 The comptroller shall annually submit a report to the director of the
36 budget, the [chairman] chairs of the senate finance committee and the
37 [chairman of the] assembly ways and means committee. Such report shall
38 be submitted no later than the last business day of [June] July and
39 shall provide a comprehensive analysis of any flexible notes and/or
40 short-term series notes issued or outstanding in the previous fiscal
41 year. Such report shall include, but not be limited to:
42 § 6. Subparagraph (ii) of paragraph 4 of subdivision (a) of section 83
43 of the state finance law, as amended by chapter 512 of the laws of 1994,
44 is amended to read as follows:
45 (ii) The state comptroller shall provide an annual report of the trust
46 account which lists the amount of the principal, the earned income, the
47 earned income accrued to the principal, and the earned income trans-
48 ferred to the conservation fund pursuant to subparagraph (iii) of this
49 paragraph not later than [April] May tenth of each year for the state
50 fiscal year ending the immediately preceding [March thirty-first] April
51 thirtieth. A copy of such report shall be transmitted, forthwith, to the
52 director of the division of the budget, the [chairman] chair of the
53 senate finance committee, the [chairman] chair of the assembly ways and
54 means committee, the commissioner of the department of environmental
55 conservation and each of the eleven members of the conservation fund
S. 8414 5 A. 11995
1 advisory [council] board, created pursuant to section [seven hundred of
2 the executive law] 11-0327 of the environmental conservation law.
3 § 7. Subdivision 6 of section 85 of the state finance law, as added by
4 chapter 63 of the laws of 1988, is amended to read as follows:
5 6. Commencing [April] May first, [nineteen hundred ninety] two thou-
6 sand eight and at the beginning of each fiscal year thereafter, if the
7 state comptroller finds that the total amount to the credit of the fund
8 as of the first day of the previous month is in excess of the sum of one
9 million dollars, he shall advise the [chairman] chair of the senate
10 finance committee, the [chairman] chair of the assembly ways and means
11 committee and the director of the budget of such findings, and shall
12 within thirty days thereafter transfer to the general fund of the state
13 a sum equal to the amount of such excess.
14 § 8. Subdivision 4 of section 92-a of the state finance law, as added
15 by chapter 53 of the laws of 1985, is amended to read as follows:
16 4. In the budget bills accompanying the budget for each state fiscal
17 year beginning on or after April first, nineteen hundred eighty-six but
18 prior to [April] May first, two thousand seven, the governor shall
19 recommend an appropriation to be made to the account established by this
20 section during the ensuing fiscal year from any moneys in the general
21 fund to the credit of the local assistance account. The amount of such
22 recommended appropriation shall be an amount that the governor deter-
23 mines to be appropriate based on the economic condition of the state at
24 such time, his prognosis as to the condition of the state economy during
25 the ensuing fiscal year, [his] estimates of all the state expenditures
26 that are necessary to be made for other purposes during the ensuing
27 fiscal year, and [his] projections of all the revenues and moneys that
28 are likely to be available therefor. No moneys shall be paid into such
29 fund until a certificate of approval by the director of the budget has
30 been filed with the [chairmen] chairs of the senate finance committee
31 and the assembly ways and means committee.
32 § 9. Subdivision 4 of section 94 of the state finance law, as amended
33 by chapter 190 of the laws of 1990, is amended to read as follows:
34 4. On or before [April] May twentieth in each year[, commencing with
35 April twentieth, nineteen hundred ninety-one], the chief administrator
36 shall determine and certify to the comptroller the difference between:
37 (a) the aggregate receipts derived by the state from the fees specified
38 in paragraph (e) of subdivision two of section thirty-nine of the judi-
39 ciary law during the fiscal year ending the preceding [March thirty-
40 first] April thirtieth plus all interest paid to the commissioner of
41 taxation and finance during such fiscal year pursuant to section one
42 hundred eighty-two of this chapter, and (b) the aggregate receipts
43 derived by the state from the fees specified in paragraph (e) of subdi-
44 vision two of section thirty-nine of the judiciary law during the state
45 fiscal year commencing April first, nineteen hundred eighty-six. One-
46 half of the amount of such difference shall thereupon be transferred by
47 the comptroller from the general fund to the court facilities incentive
48 aid fund.
49 § 10. Subdivision 4 of section 99-d of the state finance law, as added
50 by chapter 474 of the laws of 1996, is amended to read as follows:
51 4. Notwithstanding section forty of this chapter or any other
52 provision of law, appropriations of this fund shall be available for
53 liabilities incurred during and after the close of the fiscal year for
54 which such appropriations are enacted, provided however that such appro-
55 priations shall lapse on the fifteenth day of [September] October
56 following the close of the fiscal year, and no monies shall thereafter
S. 8414 6 A. 11995
1 be paid out of the state treasury or any of its funds or the funds under
2 its management pursuant to such appropriations.
3 § 11. Subdivision 2 of section 99-e of the state finance law, as added
4 by chapter 309 of the laws of 1996, is amended to read as follows:
5 2. Such account shall consist (a) of any and all unexpended and unen-
6 cumbered moneys received by the state university of New York from
7 tuition, fees, user charges, or other sources and deposited into the
8 income offset account, and (b) any other undisbursed balance of the
9 general fund appropriation as of the last day of the state university
10 fiscal year as reduced pursuant to subparagraph six of paragraph c of
11 subdivision four of section three hundred fifty-five of the education
12 law to reflect any aggregate amount established by the director of the
13 budget less than the amount appropriated. Such moneys shall be trans-
14 ferred by the state comptroller into the stabilization account on or
15 before [September] October fifteenth within thirty days of such date. In
16 addition, all or a portion of the account balances in other state
17 university income accounts, except the dormitory income reimbursable
18 account, shall be transferred by the state comptroller, at the request
19 of the state university, to the stabilization account.
20 § 12. Subdivision a of section 1615 of the tax law, as amended by
21 chapter 170 of the laws of 1994, is amended to read as follows:
22 a. All books, accounts and records of the division, relating to the
23 state lottery, shall be kept by fiscal years beginning on the first day
24 of [April] May and ending on the [thirty-first] thirtieth day of [March]
25 April next following. The division shall separately identify the actual
26 sales receipts, prizes, appropriations and expenditures for advertising
27 and promotions, reserves and the interest thereon by type by game, and
28 the source and use of unclaimed prize funds by type by game on an
29 accrual and cash basis where both are available and on an accrual or
30 cash basis where both are not available.
31 § 13. Section 17.03 of the parks, recreation and historic preservation
32 law is amended to read as follows:
33 § 17.03 Allocation of monies. The monies received by the state from
34 the sale of bonds sold pursuant to the outdoor recreation development
35 bond act shall be expended pursuant to appropriations for (1) marine,
36 (2) park, (3) historic site and (4) forest recreation projects, and for
37 (5) municipal park projects in New York city and (6) municipal park
38 projects outside New York City. The director of the budget shall certify
39 to the state comptroller on the first day of [April] May of each year
40 that portion of the outdoor recreation development bond act authori-
41 zation estimated to be expended in the ensuing fiscal year for each of
42 the above purposes in fulfillment of capital construction development
43 appropriations, and proceeds of the sale of outdoor recreation develop-
44 ment bonds shall be so allocated. Such certification may be amended from
45 time to time by the director of the budget. The director of the budget
46 shall file a copy of such certificate and each amendment thereof with
47 the [chairman] chair of the senate finance committee, and the [chairman]
48 chair of the assembly ways and means committee.
49 § 14. Subdivision 1 of section 27.15 of the parks, recreation and
50 historic preservation law, as amended by chapter 400 of the laws of
51 1973, is amended to read as follows:
52 1. Every county, city, town or village enforcing the provisions of
53 this chapter relating to snowmobiles shall be entitled to receive state
54 aid as hereinafter provided. A county, city, town or village seeking
55 reimbursement for expenditures incurred in enforcement of this article,
56 including expenditures incurred for signs and markers therefor, shall
S. 8414 7 A. 11995
1 submit to the commissioner by January first of each year an estimate of
2 such expenditures for the current fiscal year, in such form and contain-
3 ing such information as the commissioner may require. Within one month
4 after the close of the fiscal year, each such county, city, town or
5 village shall submit to the commissioner a statement of authorized
6 expenditures actually incurred, in such form and containing such infor-
7 mation as he may require. For the purpose of this section, "fiscal year"
8 shall mean the period from [April] May first through [March thirty-
9 first] April thirtieth.
10 § 15. Subdivision 3 of section 27.17 of the parks, recreation and
11 historic preservation law, as amended by section 2 of part G of chapter
12 82 of the laws of 2002, is amended to read as follows:
13 3. Every county or, where applicable, any city, town or village within
14 such county, shall be eligible for a grant for the development and main-
15 tenance of a system of snowmobile trails and a program with relation
16 thereto within its boundaries. Such grants shall be made by the commis-
17 sioner and may constitute up to one hundred percent of the cost of such
18 program including expenditures incurred for signs and markers of snowmo-
19 bile trails. Any county or, where applicable, any city, town or village
20 within such county, applying for such grant shall submit to the commis-
21 sioner by September first of each year an estimate of such expenditures
22 for the current fiscal year, in such form and containing such informa-
23 tion as the commissioner may require. No city, town or village may
24 apply for such grant where the county within which it is contained has
25 submitted an application for the same fiscal year. For the purpose of
26 this section, "fiscal year" shall mean the period from [April] May first
27 through [March thirty-first] April thirtieth. The commissioner shall
28 review all such applications and shall determine the amount of state aid
29 to be allocated to each county or, where applicable, any city, town or
30 village within such county in accordance with the provisions of subdivi-
31 sion five of this section. Of the amount the commissioner determines
32 each county or, where applicable, any city, town or village within such
33 county is eligible to receive, seventy percent shall be made available
34 for distribution by November first and thirty percent for distribution
35 upon demonstration of completion, submitted by June first, of the
36 program.
37 § 16. Subdivision 3 of section 551 of the labor law, as added by chap-
38 ter 705 of the laws of 1944, is amended to read as follows:
39 3. Payment of administrative expenses. The total amount of expenses
40 incurred by the commissioner in connection with the administration of
41 this article and such proportion of the total expenses of maintaining
42 the public employment offices as established under this chapter and for
43 the purposes of this article, as shall be determined to be necessary and
44 required by the provisions of this article and so certified by the
45 commissioner, shall, upon audit by the comptroller, be disbursed from
46 the unemployment administration fund. Annually, as soon as practicable
47 after [April] May first, the commissioner and the comptroller shall
48 ascertain the total amount of such expenses incurred during the preced-
49 ing fiscal year. An itemized statement of the total expenses so ascer-
50 tained shall be open to public inspection in the office of the commis-
51 sioner after notice in an official publication of the department. All
52 disbursements from such fund shall be made by the commissioner of taxa-
53 tion and finance on the warrant of the comptroller.
54 § 17. Subdivision d of section 16-a of the retirement and social secu-
55 rity law, as added by chapter 33 of the laws of 1986, is amended to read
56 as follows:
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1 d. On or before October fifteenth of nineteen hundred eighty-six and
2 each succeeding year during the amortization period, the comptroller
3 shall file with the director of the budget an estimate of the amount of
4 the annual payment required to be made pursuant to this section in the
5 state fiscal year beginning the first day of [April] May next succeeding
6 such October fifteenth.
7 § 18. Subdivision a of section 316 of the retirement and social secu-
8 rity law, as amended by chapter 33 of the laws of 1986, is amended to
9 read as follows:
10 a. Upon the basis of each annual actuarial valuation and appraisal
11 provided for in this article, the comptroller, on or before the
12 fifteenth day of October of each year, shall prepare and file with the
13 director of the budget an itemized estimate of the amounts necessary to
14 be appropriated by the state to the pension accumulation fund and the
15 New York state public employees group life insurance plan, as appropri-
16 ate. Such itemized estimate may be revised on or before December thirti-
17 eth of each such year. Such amounts shall be sufficient to provide for
18 payment in full for (i) the succeeding fiscal year of all estimated
19 obligations of the state to the [policemen's and firemen's] New York
20 state and local police and fire retirement system; and (ii) any actual
21 obligations of the state to such retirement system, remaining unpaid,
22 plus interest on such amount, for the fiscal year ending on the [March
23 thirty-first] April thirtieth preceding such date; provided, however,
24 that such estimate of actual obligations shall be made commencing with
25 the filings due on October fifteenth, [nineteen hundred eighty-seven]
26 two thousand seven and thereafter. If, as a result of the estimate
27 required to be made pursuant to clause (i) of the preceding sentence,
28 the state overpaid its actual obligation to the retirement system in any
29 year, the amount estimated in the filing required by this subdivision
30 next succeeding such overpayment shall reflect the amount of such over-
31 payment, plus interest on such amount, as a reduction in amounts that
32 would otherwise be estimated to be due the retirement system from the
33 state. An item of appropriation which shall be sufficient to provide for
34 such obligations shall be included in the next annual appropriation bill
35 when it is presented to the legislature for passage. The amounts so
36 appropriated or so much thereof as may be required shall be paid from
37 the state treasury on warrant of the comptroller into the pension accu-
38 mulation fund and the New York state public employees group life insur-
39 ance plan, as appropriate, on March first of each state fiscal year. For
40 the purposes of this section, interest shall mean the rate or rates of
41 interest used in the actuarial valuations covering the period of time
42 over which such interest is computed.
43 § 19. Subdivision d of section 316-a of the retirement and social
44 security law, as added by chapter 33 of the laws of 1986, is amended to
45 read as follows:
46 d. On or before October fifteenth of [nineteen hundred eighty-six] two
47 thousand seven and each succeeding year during the amortization period,
48 the comptroller shall file with the director of the budget an estimate
49 of the amount of the annual payment required to be made pursuant to this
50 section in the state fiscal year beginning the first day of [April] May
51 next succeeding such October fifteenth.
52 § 20. Section 8 of the state finance law is amended by adding two new
53 subdivisions 19 and 20 to read as follows:
54 19. Notwithstanding any inconsistent provision of law, maintain
55 detailed records of all activity commonly known as "journal transfers"
56 relating to any fund or account of the state for which he or she has the
S. 8414 9 A. 11995
1 duty pursuant to law to audit and maintain accountability, including any
2 supporting documentation relating thereto.
3 20. On or before April fifteenth of each year, submit an annual report
4 of such activity pursuant to subdivision nineteen of this section to the
5 temporary president of the senate and to the speaker of the assembly.
6 § 21. Section 2 of the state finance law is amended by adding a new
7 subdivision 20 to read as follows:
8 20. "Journal transfer". Any transfer or other method of movement of
9 federal or state monies by the comptroller including, but not limited
10 to, expenditure journal transfers, revenue journal transfers and statu-
11 tory transfers, between accounts and/or funds not specifically author-
12 ized by the state legislature.
13 § 22. Section 22 of the state finance law is amended by adding a new
14 subdivision 1-c to read as follows:
15 1-c. within ten days following the submission of the financial plans
16 presented in accordance with subdivision one of this section, the direc-
17 tor of the budget shall submit to the chairs of the senate finance and
18 the assembly ways and means committees and the comptroller an estimate
19 of the fiscal impact of the executive budget on local governments. Such
20 estimate shall be presented by class of local government and shall meas-
21 ure all of the impacts of the executive budget, including aid program
22 changes, reimbursement changes, statutory changes in authorizations for
23 local taxation, mandates on local governments and other requirements.
24 Such estimate shall show the impact on local governments by local fiscal
25 years affected and shall cover the first local fiscal year affected as
26 well as a minimum of the two ensuing local fiscal years, or shall
27 continue for the number of local fiscal years necessary to measure the
28 fully implemented effects of proposed changes. Where such estimate
29 depends on any local option or action, the estimate shall explicitly
30 describe the assumptions used to calculate the estimate. When under
31 existing law a local tax option or program would end and the executive
32 budget proposes the continuation thereof, the impact shall be identified
33 as a "deferral of sunset" and shall be calculated as a separate compo-
34 nent of such estimate.
35 § 23. Paragraph e-2 of subdivision 3 of section 22 of the state
36 finance law, as added by chapter 762 of the laws of 1992, is amended to
37 read as 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-
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1 tion, elimination of funded vacancies, and transfers to other funding
2 sources.
3 § 24. Subdivision 3 of section 22 of the state finance law is amended
4 by adding a new paragraph e-3 to read as follows:
5 e-3. A description of contract employment levels for each state
6 department, division or office, for the prior, current and next ensuing
7 fiscal years containing separate schedules for the following fund types:
8 general fund; federal special revenue funds; other special revenue
9 funds; capital projects funds; and an all funds summary. Such informa-
10 tion shall be presented in summary form suitable for comparison and
11 shall contain the following measures including actual experience, where
12 possible, as well as the underlying factors and data upon which such
13 measures are based:
14 (i) measure of contract employment used to determine nonpersonal
15 service appropriations;
16 (ii) full-time equivalent contract employees;
17 (iii) contract employee classification (professional, managerial,
18 administrative, labor, other);
19 (iv) contract employee status (permanent, temporary, provisional); and
20 (v) changes to the contract work force proposed in the executive budg-
21 et, including but not limited to: new positions, layoffs, attrition, and
22 transfers to other funding sources.
23 § 25. The legislative law is amended by adding a new article 4-B to
24 read as follows:
25 ARTICLE 4-B
26 NEW YORK STATE INDEPENDENT BUDGET OFFICE
27 Section 75. Powers and duties of the New York state independent budget
28 office.
29 76. Director of the New York state independent budget office.
30 § 75. Powers and duties of the New York state independent budget
31 office. There shall hereby be established a New York state independent
32 budget office. 1. It shall be the duty of the New York state independent
33 budget office to provide the members and committees of the legislature
34 with information which will assist such officials and bodies in the
35 discharge of their responsibilities which are related to the budgetary
36 process including:
37 (a) information with respect to the budget, appropriations bills and
38 proposed laws with fiscal implications;
39 (b) information with respect to estimated revenues and receipts, and
40 changing revenue conditions; and
41 (c) to the extent practicable, such other information or analyses as
42 may be requested by such officials and bodies.
43 Requests made by the speaker of the assembly, the temporary president
44 of the senate, the chair of the assembly ways and means committee and
45 the chair of the senate finance committee regarding the budget, revenues
46 and expenditures shall receive priority attention.
47 2. The independent budget office may complete a fiscal impact state-
48 ment:
49 (a) for any bill at the request of the speaker of the assembly or the
50 temporary president of the senate; and
51 (b) at the request of committee chairs for any bill referred to their
52 respective committees. Fiscal impact statements shall estimate the
53 impact on state revenues or expenditures.
54 3. The independent budget office may publish a report with respect to
55 the expected levels of state revenues by the first day of January, the
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1 first day of April, the first day of July and the first day of October
2 of each year.
3 4. The independent budget office may prepare an economic and revenue
4 forecast in time for its review by the conveners of the consensus
5 economic and revenue forecasting conference in the month of March of
6 each year.
7 5. The independent budget office may publish by December first of each
8 year a report analyzing the fiscal outlook of the state for the next
9 three years.
10 6. The independent budget office may, from time to time, publish such
11 reports as may be appropriate to enhance the official and public under-
12 standing of the budgetary process and of the budget documents.
13 7. All studies and reports prepared by the independent budget office
14 shall be made available to the public and shall also be made available
15 by electronic means over the internet.
16 § 76. Director of the New York state independent budget office. 1. The
17 New York state independent budget office shall be headed by a director
18 who shall be jointly appointed by the speaker of the assembly and the
19 temporary president of the senate.
20 2. (a) There shall be an independent budget office advisory committee
21 consisting of (i) one person appointed by each of the following offi-
22 cials and who shall serve at the pleasure of such officials; the chair
23 and ranking member of the assembly ways and means committee and the
24 chair and ranking member of the senate finance committee, and (ii) six
25 other members jointly appointed by the speaker of the assembly and the
26 temporary president of the senate, who shall serve for two year terms.
27 The members shall all be individuals with extensive experience and know-
28 ledge in the fields of finance, economics, accounting, public adminis-
29 tration and public policy analysis including at least one nationally
30 recognized expert in the fields of budget theory and the budget process;
31 one dean or director or former dean or director of a graduate school of
32 business administration located in New York state; one officer or former
33 officer or economic advisor of a labor union; one officer or former
34 officer or economic advisor to a business corporation; and one officer
35 or former officer of a civic or public interest advocacy organization
36 involved in budget matters.
37 (b) The independent budget office advisory committee may assist in the
38 development of guidelines for the best practices of the independent
39 budget office. The independent budget office advisory committee shall
40 meet annually. In the event of a vacancy, the committee shall provide
41 to the speaker of the assembly and the temporary president of the senate
42 a list of qualified candidates for the position of director.
43 (c) Members of the advisory committee shall receive no compensation
44 but shall be reimbursed for reasonable expenses incurred in connection
45 with their duties.
46 3. The director of the independent budget office shall be appointed
47 without regard to political affiliation and solely on the basis of
48 fitness to perform the duties assigned by this article. The initial term
49 of office of the first director shall be three years commencing on Janu-
50 ary first, two thousand seven, and the subsequent terms of office there-
51 after shall be for two years commencing January first, two thousand
52 nine. Any individual appointed to fill a vacancy prior to the expira-
53 tion of a term shall serve only for the unexpired portion of such term.
54 An individual serving as director at the expiration of the term may
55 continue to serve until a successor is appointed.
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1 4. The director of the independent budget office shall appoint such
2 personnel and procure the services of such experts and consultants,
3 within the appropriations available therefor, as may be necessary for
4 such director to carry out the duties and functions assigned pursuant to
5 this article. Such personnel and experts shall perform such duties as
6 may be assigned to them by the director.
7 5. The director of the independent budget office shall be authorized
8 to secure such information, data, estimates and statistics directly from
9 the agencies of the state as the director determines to be necessary for
10 the performance of the functions and duties of the independent budget
11 office, and such agencies shall provide such information in a timely
12 fashion. Such director shall not be entitled to obtain records which are
13 protected by the privileges for attorney-client communications, attorney
14 work product and material prepared for litigation.
15 § 26. Subdivision 6 of section 23 of the state finance law, as added
16 by chapter 309 of the laws of 1996, is amended to read as follows:
17 6. Consensus economic and revenue forecasting conference; report. (a)
18 In the month of [March] February in each year, prior to the report
19 required by paragraph (b) of this subdivision, the chairperson and rank-
20 ing minority member of the senate finance committee, the chairperson and
21 ranking minority member of the assembly ways and means committee and the
22 director of the budget shall jointly convene a consensus economic and
23 revenue forecasting conference in the form of a joint legislative-execu-
24 tive hearing, for the purpose of assisting the governor and the legisla-
25 ture in reaching the consensus revenue forecast required by paragraph
26 (b) of this subdivision. The conveners of the conference shall invite
27 the state comptroller and such other participants to the conference as
28 shall, in their judgment, provide guidance on the current conditions in,
29 and probable outlook for the performance of, the economy of the state,
30 as well as the effect of such conditions and such performance on state
31 receipts.
32 (b) On or before March [tenth] first in each year, the director of the
33 budget and the secretary of the senate finance committee and the secre-
34 tary of the assembly ways and means committee shall issue a joint report
35 containing a consensus forecast of the economy and [of] estimates of
36 receipts for the current and the ensuing state fiscal year. [The
37 report] Such estimates of receipts shall include, but [shall] not be
38 limited to[, the following information, presented on the cash basis of
39 accounting]: expected tax receipts on an all-funds basis, projected
40 lottery receipts, and anticipated miscellaneous receipts to be received
41 in the general fund. The estimate of receipts for the ensuing fiscal
42 year contained in the report, shall be all receipts from such sources
43 described in this subdivision available to make disbursements authorized
44 by the appropriation bills submitted by the governor pursuant to section
45 three of article seven of the constitution for the ensuing fiscal year.
46 (c) On a failure of the director of the budget, the secretary of the
47 senate finance committee and the secretary of the assembly ways and
48 means committee to issue a joint report containing a consensus forecast
49 as provided in paragraph (b) of this subdivision, the state comptroller
50 shall, on or before March fifth, provide estimates of receipts for the
51 current and the ensuing state fiscal year. Such estimates shall
52 include, but not be limited to, expected tax receipts on an all-funds
53 basis, projected lottery receipts, and miscellaneous receipts to be
54 received in the general fund. The estimate of receipts for the ensuing
55 fiscal year provided by the state comptroller, shall be all receipts
56 from such sources available to make disbursements authorized by the
S. 8414 13 A. 11995
1 appropriation bills submitted by the governor pursuant to section three
2 of article seven of the constitution for the ensuing fiscal year.
3 § 27. Subdivision 5 of section 23 of the state finance law, as added
4 by chapter 762 of the laws of 1992, is amended to read as follows:
5 5. Financial information review. Annually on or before November
6 fifteenth, the governor, temporary president of the senate [and], the
7 speaker of the assembly and the comptroller shall cause their respective
8 appropriate personnel to meet and such meeting shall be open to the
9 public for the purpose of jointly reviewing available financial informa-
10 tion [and developing a process] to facilitate timely adoption of a budg-
11 et for the next fiscal year. Such [process] review shall include meet-
12 ings to discuss the economic outlook, revenue forecasts, projected
13 spending, the impact of relevant state and federal statutory provisions,
14 and any other matters deemed appropriate. Not later than December
15 [fifteenth] fifth, such respective appropriate personnel shall [report
16 to their principals on the steps necessary to accomplish the adoption of
17 a timely budget] separately prepare and make available reports on esti-
18 mated state receipts and state disbursements for the current and ensuing
19 fiscal years. Each report on estimated state receipts shall include, but
20 shall not be limited to, estimated tax receipts on an all-funds basis,
21 estimated lottery receipts, estimated miscellaneous receipts to be
22 received in the general fund, and the underlying factors and data upon
23 which such estimated receipts are based. Each report on estimated state
24 disbursements shall include, but shall not be limited to, estimates of
25 state disbursements for Medicaid and the underlying factors and data on
26 which such estimates are based, estimates of state disbursements for
27 public assistance and the underlying caseload and other factors and data
28 on which such estimates are based, and estimates of state disbursements
29 for assistance for elementary and secondary education and the underlying
30 factors and data on which such estimates are based.
31 The governor, temporary president of the senate and the speaker of the
32 assembly shall cause their respective appropriate personnel to meet
33 annually on or after December fifth to review the separate reports on
34 estimated state receipts and state disbursements. The respective appro-
35 priate personnel shall identify and evaluate the differences between the
36 estimates of state receipts and state disbursements, and the differences
37 between the underlying factors and data on which such estimates are
38 based, and separately report such differences and the evaluation thereof
39 to their principals. Not later than December fifteenth the governor,
40 the temporary president of the senate and the speaker of the assembly
41 shall jointly prepare and make available on their internet websites a
42 report on the actual, estimated and projected state receipts and state
43 disbursements for the prior, current and ensuring fiscal years, respec-
44 tively, for all funds of the state. Subsequent review shall be held at
45 least twice during the fiscal year: the first within six weeks following
46 the enactment of the budget, the second within six weeks following the
47 end of the second quarter of the fiscal year.
48 § 28. Paragraph d-2 of subdivision 3 of section 22 of the state
49 finance law, as amended by chapter 260 of the laws of 1993, is amended
50 to read as follows:
51 d-2. Within ten days following the submission of the financial plans
52 presented in accordance with subdivisions one and two of this section,
53 the director of the budget shall submit to the comptroller and the
54 chairs of the senate finance committee and the assembly ways and means
55 committee:
S. 8414 14 A. 11995
1 (i) a detailed schedule by fund of the receipts and disbursements
2 comprising such summary financial plan, and
3 (ii) a schedule for each governmental fund type other than the general
4 fund showing the differences between projected operating results on a
5 cash basis and those on the basis of generally accepted accounting prin-
6 ciples, and
7 (iii) a detailed schedule by fund of revenues and expenditures within
8 the general fund, and
9 (iv) a detailed schedule by fund of receipts for the prior, current
10 and next ensuing fiscal years shown by each major revenue category,
11 including each individual tax, each individual component part of miscel-
12 laneous receipts, and each revenue source which accounts for at least
13 one-half of one percent of all receipts within each fund type, and
14 (v) an itemized list of transfers to and from each fund.
15 § 29. Paragraph e of subdivision 3 of section 22 of the state finance
16 law, as amended by chapter 762 of the laws of 1992, is amended to read
17 as follows:
18 e. The anticipated general fund quarterly schedule and fiscal year
19 total for the prior, current and next ensuing fiscal [year] years of:
20 disbursements; receipts; repayments of advances; total tax refunds; and
21 refunds for the tax imposed under article twenty-two of the tax law.
22 Such information shall be presented in the same form as the summary
23 financial plans presented in accordance with subdivisions one and two of
24 this section. A separate, detailed, report of such schedule shall be
25 provided with receipts shown by each major revenue category, including
26 each individual tax, each individual component part of miscellaneous
27 receipts, and each revenue source which accounts for at least one-half
28 of one per centum of all receipts within each fund type and with
29 disbursements shown by major agency or major spending item.
30 The director of the division of the budget shall submit concurrent
31 with the submission of the financial plan to the legislature pursuant to
32 subdivision two of this section and with each update thereafter a sched-
33 ule of actual and planned disbursements by month and by fund type stat-
34 ing separately and distinctly variances between actual and projected
35 disbursements for the most recent practicable month and previous twelve
36 months. Such report shall document actual and projected state disburse-
37 ments inclusive of, and distinctly stated by categories of local assist-
38 ance grants including general purpose, education, social services, medi-
39 caid, health and environment, mental hygiene, transportation, criminal
40 justice and miscellaneous; by departmental operations including personal
41 services and non-personal services; by general state charges; and by
42 debt service payments. Such reports shall utilize a format that shall
43 facilitate comparison and analysis with those reports submitted to the
44 legislature by the office of audit and control pursuant to subdivision
45 nine of section eight of this chapter.
46 § 30. Section 22 of the state finance law is amended by adding a new
47 subdivision 14 to read as follows:
48 14. a. With respect to appropriations for any information technology
49 project involving one or more contracts and totalling five million
50 dollars or more proposed for funding in the budget submitted annually by
51 the governor to the legislature, the amount requested to fund each such
52 project shall be set forth as a separate item of appropriation.
53 Notwithstanding any provision of law to the contrary, such appropriation
54 or a portion thereof shall be made available only upon the submission to
55 the director of the budget, the chairperson of the senate finance
56 committee and the chairperson of the assembly ways and means committee,
S. 8414 15 A. 11995
1 of a project design, development and implementation plan prepared by the
2 commissioner of the lead agency for the project. Such plan shall
3 include, but not be limited to, a schedule for the design, development
4 and implementation of the project that identifies functional design
5 components, specifications, and requirements, key milestones, timetable,
6 the estimated cost of each phase of the project and weighs the appropri-
7 ateness of discrete technical and functional project components. The
8 plan shall document the rationale for project scope and method of
9 procurement, including whether the project will be procured as a single
10 contract or as separate contracts of discrete technical and functional
11 components. Any expenditure made pursuant to such appropriation shall be
12 in accordance with such plan.
13 b. Within thirty days following the submission of the budget by the
14 governor for each fiscal year, beginning with the two thousand four--two
15 thousand five fiscal year, the director of the budget shall transmit to
16 the chairs of the senate finance committee and the assembly ways and
17 means committee a report which includes project specific information for
18 the proposed appropriations identified in paragraph a of this subdivi-
19 sion and any other projects which appear as separate items of appropri-
20 ation. Such report shall set forth:
21 (i) existing or anticipated contracts, including the agency or agen-
22 cies which let or anticipate letting such contracts;
23 (ii) vendor name when available;
24 (iii) a description of the project and contract purpose in less than
25 thirty words;
26 (iv) whether such contracts are or are anticipated to be centralized
27 contracts;
28 (v) anticipated lifetime contract costs, broken down by fiscal year;
29 (vi) contract amendments and/or change orders for the current fiscal
30 year, including value if any and reasons therefor;
31 (vii) the estimated date of contract completion, including annual
32 timetable for a multi-year contract and any change in such timetable
33 since the previous report and the reasons therefor;
34 (viii) the total of all expenditures on such specific contracts made
35 prior to the then current fiscal year, including all agencies which have
36 incurred such costs including when expenditures are made off of a
37 centralized contract;
38 (ix) the total amount of expenditures on such specific contracts esti-
39 mated to be made during the then current fiscal year and during each of
40 the next ensuing five fiscal years for multi-year contracts, including
41 all agencies which have incurred such costs including when expenditures
42 are made off of a centralized contract;
43 (x) whether such project is financed by the issuance of certificates
44 of participation or similar instruments and the associated costs related
45 thereto; and
46 (xi) such other information as necessary to fully describe the state
47 obligation with regard to such specific or anticipated contracts.
48 § 31. Subdivision 4 of section 22 of the state finance law, as amended
49 by chapter 762 of the laws of 1992, is amended to read as follows:
50 4. a. Include a three year financial projection[, which shall be
51 submitted not later than thirty days after submission of the financial
52 plans pursuant to subdivision one of this section,] showing the antic-
53 ipated disbursements and receipts for each of the governmental fund
54 types of the state [and, for the general fund the anticipated expendi-
55 tures and revenues for the ensuing fiscal year and for the two years
56 following the ensuing fiscal year]. For the purposes of this three year
S. 8414 16 A. 11995
1 financial projection, disbursements [and expenditures] shall be
2 presented by the following purposes: state purposes, local assistance,
3 capital projects, debt service, transfers and general state charges with
4 each major agency or major spending item identified separately within
5 each purpose; and receipts [and revenues] shall be presented[,] by each
6 major revenue category, including each individual tax, each individual
7 component part of miscellaneous receipts, and each revenue source which
8 accounts for at least one-half of one per centum of all receipts within
9 each fund type and with disbursements shown by major agency or major
10 spending item for the ensuing and each of the next [successive] two
11 fiscal [year by each revenue source which accounts for not less than one
12 per centum of all receipts or revenues of the general fund] years, and
13 otherwise by each major source which is separately estimated and
14 presented pursuant to paragraph b of subdivision three of this section
15 [and, for the remaining fiscal year by each revenue source which
16 accounts for at least ten per centum of all the receipts or revenues and
17 otherwise by categories of revenue sources. Provided however, that for
18 the fiscal year beginning in nineteen hundred ninety-three, for the
19 governmental funds other than the general fund, receipts shall be
20 presented by each revenue source which accounts for at least ten per
21 centum of all the receipts and otherwise by categories of revenue
22 source]. Receipts and disbursements for special revenue funds shall be
23 presented separately for federal funds and all other special revenue
24 funds. Whenever receipts and disbursements are proposed to be moved to a
25 different fund type, each significant amount so moved shall be
26 explained. This three year financial projection shall include an expla-
27 nation of any changes to the financial plans submitted in accordance
28 with subdivision one of this section and include explanations of the
29 economic, statutory and other assumptions used to estimate the disburse-
30 ments[, expenditures,] and receipts [and revenues] which are presented.
31 Whenever the projections for receipts and disbursements are based on
32 assumptions other than the current levels of service, such assumptions
33 shall be separately identified and explained. The three year financial
34 projections shall include a description of any projected deficits or
35 surpluses with a discussion of the causes and effects of such deficits
36 or surpluses as well as a description of available options to reduce any
37 projected deficits or utilize any projected surpluses.
38 b. Include a three year financial projection prepared on the basis of
39 generally accepted accounting principles similar in format to that
40 required by paragraph (a) of this subdivision. Such projection shall be
41 updated each year no later than September thirtieth.
42 § 32. Subdivision 11 of section 22 of the state finance law, as
43 amended by chapter 762 of the laws of 1992 and as renumbered by section
44 2 of part F of chapter 389 of the laws of 1997, is amended to read as
45 follows:
46 11. a. Within ten days following the submission of the financial plans
47 presented in accordance with subdivisions one and two of this section,
48 the director of the budget shall submit to the chairs of the senate
49 finance committee and the assembly ways and means committee for the
50 prior, the current and next ensuing fiscal years detailed schedules by
51 agency [for the general fund] or major program and bill and fund type
52 with general state charges identified separately showing proposed appro-
53 priations [in the state operations and aid to localities budget bills]
54 with disbursements to be made against such appropriations, as well as
55 disbursements to be made against any existing appropriations in a form
56 suitable for comparison.
S. 8414 17 A. 11995
1 b. The following detail on appropriations and disbursements for debt
2 service as required by paragraph a of this subdivision shall also be
3 provided:
4 (1) For all bonds, notes or other obligations issued on or after the
5 effective date of the chapter of the laws of two thousand five which
6 amended this subdivision:
7 (i) a schedule of each of the issuance's gross principal, interest,
8 and other payments, by payment date;
9 (ii) a schedule of any funds used or expected to be used to offset
10 such payments as detailed in clause (i) of this subparagraph, by payment
11 date, which shall include, but not be limited to, each of the following:
12 A. accrued interest;
13 B. capitalized interest;
14 C. principal or interest earnings for monies held as bond proceeds,
15 debt service, debt service reserve or any other reserve funds;
16 D. principal, interest or any other monies utilized from any other
17 funds, accounts or other sources;
18 (iii) a schedule of each of the issuance's net principal, interest and
19 other payments, by payment date, which shall be those amounts arrived at
20 by subtracting clause (ii) of this subparagraph from clause (i) of this
21 subparagraph.
22 For purposes of this paragraph, information for payments on refunding
23 bonds may be substituted for information for payments on the bonds which
24 have been refunded.
25 (2) For each projected issuance of bonds, notes or other obligations:
26 (i) projected issuance date;
27 (ii) projected amount to be issued;
28 (iii) the projected final maturity of such bonds, notes or other obli-
29 gations to be sold;
30 (iv) assumptions as to interest rates, structuring, use of credit
31 enhancement, and any other relevant information;
32 (v) a schedule of each of the issuance's projected gross principal,
33 interest and other payments, by payment date;
34 (vi) a schedule of any funds used or expected to be used to offset
35 such payments as detailed in clause (v) of this subparagraph, by payment
36 date, which shall include, but not be limited to, each of the following:
37 A. accrued interest;
38 B. capitalized interest;
39 C. principal or interest earnings for monies held as bond proceeds,
40 debt service, debt service reserve or any other reserve funds;
41 D. principal, interest or any other monies utilized from any other
42 funds, accounts or other sources.
43 (vii) a schedule of each of the issuance's projected net principal,
44 interest and other payments, by payment date, which shall be those
45 amounts arrived at by subtracting clause (vi) of this subparagraph from
46 clause (v) of this subparagraph.
47 (viii) if such issuance consists of refunding bonds, notes, or other
48 obligations, a schedule of both gross and net projected principal,
49 interest, and other payment savings, by payment date.
50 (3) For each bonding program, a projected schedule of both the gross
51 and net principal, interest and other payments to be made during the
52 next succeeding three state fiscal years.
53 § 33. Subdivisions 3 and 4 of section 23 of the state finance law,
54 subdivision 3 as amended by chapter 837 of the laws of 1983 and subdivi-
55 sion 4 as amended by chapter 59 of the laws of 2000, are amended to read
56 as follows:
S. 8414 18 A. 11995
1 3. Financial plans and capital improvement program; revisions. [As
2 soon as practicable] Not later than thirty days after the legislature
3 has completed action on the budget bills submitted by the governor [for
4 state purposes, local assistance, capital projects and debt service, the
5 governor] who shall cause to be submitted to the legislature the
6 revisions to the financial plans and the capital plan required by subdi-
7 visions one, two, four and five of section twenty-two of this [chapter]
8 article as are necessary to account for all enactments affecting the
9 financial plans and the capital plan. [Such] The financial plan shall
10 also contain a cash flow analysis of projected receipts and disburse-
11 ments and other financing sources or uses for each month of the state's
12 fiscal year. Notwithstanding any other law to the contrary, such revised
13 plans and accompanying cash flow analysis shall be submitted to the
14 legislature and the comptroller in [the same] such form as the [plans
15 required by such subdivisions] comptroller shall prescribe.
16 4. Financial plan updates. Quarterly, throughout the fiscal year, the
17 governor shall submit to the comptroller, the [chair] chairs of the
18 senate finance [committee] and [the chair of] the assembly ways and
19 means [committee for the use of the committees and the information of
20 the legislature] committees, within thirty days of the close of the
21 quarter to which it shall pertain, a report which summarizes the actual
22 experience to date and projections for the remaining quarters of the
23 current fiscal year and for each of the next two fiscal years of
24 receipts, disbursements, tax refunds, and repayments of advances
25 presented in forms suitable for comparison with the financial plan
26 submitted pursuant to [subdivision] subdivisions one, four, five, eleven
27 and thirteen and paragraphs d-2, e and e-2 of subdivision three of
28 section twenty-two of this article and revised in accordance with the
29 provisions of subdivision three of this section. The governor shall
30 submit with the budget and on September first of each year a similar
31 report that summarizes revenue and expenditure experience to date as
32 well as projections for the remaining quarters of the current fiscal
33 year and each of the next two fiscal years in a form suitable for
34 comparison with the financial plan submitted pursuant to subdivision two
35 of section twenty-two of this article and revised in accordance with the
36 provisions of subdivision three of this section. Each such quarterly
37 report shall also contain a cash flow analysis of projected receipts and
38 disbursements and other financing sources or uses, in a format
39 prescribed by the comptroller, for each month remaining in the fiscal
40 year. Such reports shall provide an explanation of the causes of any
41 major deviations from the revised financial plans and, shall provide for
42 the amendment of the plan or plans to reflect those deviations. The
43 governor may, if he determines it advisable, provide more frequent
44 reports to the legislature regarding actual experience as compared to
45 the financial plans. The quarterly financial plan update most proximate
46 to October thirty-first of each year shall include the calculation of
47 the limitations on the issuance of state-supported debt computed pursu-
48 ant to the provisions of subdivisions one and two of section sixty-sev-
49 en-b of this chapter.
50 § 34. Subdivisions 3 and 4 of section 92 of the state finance law, as
51 separately amended by chapters 405 and 957 of the laws of 1981, are
52 amended to read as follows:
53 3. At the close of each fiscal year any cash surplus remaining in the
54 general fund over and above the norm for such fiscal year shall be
55 transferred from or retained in such fund as hereinafter in this subdi-
56 vision provided. There shall be transferred to the tax stabilization
S. 8414 19 A. 11995
1 reserve fund all of such surplus moneys, up to and including an amount
2 equivalent to two-tenths of one per centum of such norm, unless such
3 transfer would increase such reserve fund to an amount in excess of
4 [two] five per centum of the amount of the norm for such fiscal year, in
5 which event such transfer shall be limited to such amount as will
6 increase such reserve fund to such [two] five per centum limitation. Any
7 balance of such surplus moneys, thereafter remaining in the general
8 fund, shall be retained in such fund and be available for the reduction
9 of state taxes.
10 4. In the event that at the close of any fiscal year the receipts
11 derived from the taxes, fees and other sources, required to be paid
12 during such fiscal year into the general fund of the state shall fall
13 below the norm for such fiscal year, there shall be transferred from the
14 tax stabilization reserve fund to the general fund to the extent that
15 there are sufficient moneys in the tax stabilization reserve fund, an
16 amount equal to the difference between the norm and the amount of such
17 receipts. If such transfer reduces the tax stabilization reserve fund to
18 an amount less than [two] five per centum of the norm for such fiscal
19 year, the amount so transferred shall be repaid in cash prior to the
20 computation and payment of any transfer to the fund pursuant to subdivi-
21 sion three of this section in not less than three equal annual install-
22 ments within the period of six years or less next succeeding the date of
23 such transfer; provided, however, that if any such annual installment
24 shall increase such reserve fund to an amount in excess of [two] five
25 per centum of the amount of the norm for the then current fiscal year,
26 such installment shall be limited to such amount as will increase such
27 reserve fund to such [two] five per centum limitation and no further
28 repayment of the whole or any part of such transfer shall be required in
29 any subsequent fiscal year. Repayments to the tax stabilization reserve
30 fund shall be stipulated in annual budget bills.
31 § 35. The state finance law is amended by adding a new section 53-d to
32 read as follows:
33 § 53-d. Estimates of fiscal impact. If an appropriation bill passed
34 by the legislature contains items that the legislature has added in
35 accord with section four of article seven of the constitution, then such
36 bill must be accompanied by an estimate of the fiscal impact of such
37 legislation on the budget submitted by the governor pursuant to section
38 two of article seven of the constitution which shall include, if appro-
39 priate, an estimate of moneys and revenues, either in law or proposed
40 legislation, sufficient to meet such additions. It shall also include
41 such other recommendations and information as the legislature may deem
42 proper and such additional information as may be required by law. None
43 of the restrictions of this section, however, shall apply to appropri-
44 ations for the legislature or judiciary.
45 § 36. Section 22 of the state finance law is amended by adding a new
46 subdivision 15 to read as follows:
47 15. (a) Include a current services estimate projecting the cost of
48 continuing levels of activities and programs authorized for the current
49 state fiscal year as well as provisions of law scheduled to take effect
50 through the conclusion of the ensuing state fiscal year.
51 Calculation of current services projections shall include, but not be
52 limited to, the following elements:
53 (1) Adjustments for authorized interchanges, transfers and deficien-
54 cies;
S. 8414 20 A. 11995
1 (2) Adjustments for annualization, or the full year cost of implement-
2 ing current state fiscal year budget actions, especially new initiatives
3 which received partial year funding;
4 (3) Elimination of non-recurring costs;
5 (4) Adjustments for inflation costs associated with meeting nonper-
6 sonal service expenditures;
7 (5) Adjustments for negotiated personal service contractual agreements
8 and related fringe benefit costs; and
9 (6) Adjustments for currently enacted statutory changes scheduled to
10 take effect in the current or ensuing state fiscal year, entitlement
11 growth, and population driven service delivery growth.
12 (b) Current service projections shall be presented in a standardized
13 tabular format showing a comparison with current year appropriations,
14 current year adjusted appropriations and appropriations recommended by
15 the governor for the following state fiscal year. These comparisons
16 shall be made at the following level of detail, where applicable, and in
17 the following order:
18 (1) Program;
19 (2) Purpose which shall include state operations, local assistance,
20 and capital projects;
21 (3) Fund type which shall include general fund, special revenue -
22 other funds, capital project funds, debt service funds and federal
23 funds; and
24 (4) Object level which shall include personal service, nonpersonal
25 service, and maintenance undistributed.
26 (c) Accompanying the standardized tabular comparison shall be a brief
27 narrative description of the effects of the governor's recommended
28 appropriations on the current services estimate.
29 § 37. The state finance law is amended by adding a new section 28 to
30 read as follows:
31 § 28. The "New York state responsibility, performance, initiative,
32 accountability and results act." 1. Definitions. When used in this
33 section:
34 (a) "Agency" means and includes "state agency" and "covered authority"
35 as defined in section two-a of this chapter;
36 (b) "Outcome measure" means an assessment of the results of a program
37 activity compared to its intended purpose;
38 (c) "Output measure" means the tabulation, calculation, or recording
39 of activity or effort and can be expressed in a quantitative or qualita-
40 tive manner;
41 (d) "Program assessment rating tool" means a tool developed by the
42 division of the budget to evaluate the effectiveness of programs and
43 program activity;
44 (e) "Performance goal" means a target level of performance expressed
45 as a tangible, measurable objective, against which actual achievement
46 can be compared, including a goal expressed as a quantitative standard,
47 value, or rate;
48 (f) "Performance indicator" means a particular value or characteristic
49 used to measure output or outcome;
50 (g) "Program activity" means a specific activity or project of the
51 program and means and includes any expenditure for any purpose to any
52 class or grouping of vendors that includes more than one vendor; and
53 (h) "Program evaluation" means an assessment, through objective meas-
54 urement and systematic analysis, of the manner and extent to which
55 programs achieve intended objectives.
S. 8414 21 A. 11995
1 2. Strategic plan. (a) Not later than the start of the fiscal year
2 beginning in two thousand eight each agency shall submit to the director
3 of the budget and to the state legislature a strategic plan for program
4 activities. Such plan shall include:
5 (1) a comprehensive mission statement covering the major functions and
6 operations of the agency;
7 (2) general goals and objectives, including outcome-related goals and
8 objectives, for the major functions and operations of the agency;
9 (3) a description of how the goals and objectives are to be achieved,
10 including a description of the operational processes, skills and tech-
11 nology, and the human, capital, information, and other resources
12 required to meet those goals and objectives;
13 (4) a description of how the performance goals included in the
14 performance plan required by this section shall be related to the gener-
15 al goals and objectives in the strategic plan;
16 (5) an identification of key factors external to the agency and beyond
17 its control that could significantly affect the achievement of the
18 general goals and objectives; and
19 (6) a description of the program evaluations used in establishing or
20 revising general goals and objectives, with a schedule for future
21 program evaluations.
22 (b) The strategic plan shall cover a period of not less than five
23 years forward from the fiscal year in which it is submitted, and shall
24 be updated and revised at least every three years.
25 (c) When developing a strategic plan, the agency shall consult with
26 the appropriate committee or committees of the legislature, including
27 committees which oversee their area of operations programatically or
28 fiscally, and shall solicit and consider the views of entities poten-
29 tially affected by or interested in such a plan.
30 3. Performance plans and reports. (a) Any other provision of any
31 other law to the contrary notwithstanding, beginning with fiscal year
32 two thousand seven, the director of the budget shall include a perform-
33 ance plan as part of the budget submitted annually by the governor to
34 the legislature, in accordance with article seven of the constitution.
35 In such submission, the director shall report to the governor and the
36 legislature concerning any significant difficulties experienced by agen-
37 cies in preparing plans and reports and set forth any recommended chang-
38 es in the requirements of this section. The director of the budget may
39 exempt from the requirements of this section any agency with an all-
40 funds annual budget of two million dollars or less.
41 (b) The performance plan submitted by each agency shall be consistent
42 with the agency's strategic plan. A performance plan may not be submit-
43 ted for a fiscal year not covered by a current strategic plan under this
44 section. In addition to any other requirements of this section, the
45 performance plan shall use the program assessment rating tool to evalu-
46 ate its programs.
47 (c) On and after fiscal year two thousand seven, the director of the
48 budget shall require each agency to prepare an annual performance plan
49 covering each program activity set forth in the budget of such agency.
50 Such plan shall:
51 (1) establish performance goals to define the level of performance to
52 be achieved by a program activity;
53 (2) express such goals in an objective, quantifiable, and measurable
54 form unless authorized to be in an alternative form pursuant to this
55 subdivision;
S. 8414 22 A. 11995
1 (3) briefly describe the operational processes, skills and technology,
2 and the human, capital, information, or other resources required to meet
3 the performance goals;
4 (4) establish performance indicators to be used in measuring or
5 assessing the relevant outputs, service levels, and outcomes of each
6 program activity;
7 (5) provide a basis for comparing actual program results with the
8 established performance goals; and
9 (6) describe the means to be used to verify and validate measured
10 values.
11 (d) If an agency, in consultation with the director of the budget,
12 determines that it is not feasible to express the performance goals for
13 a particular program activity in an objective, quantifiable, and measur-
14 able form, the director may authorize an alternative form. Such alterna-
15 tive shall be in a form authorized by the director, and
16 (1) shall have sufficient precision and in terms that allow for an
17 accurate, independent determination of whether the program activity's
18 performance meets the criteria of the description; or
19 (2) be a statement as to why it is infeasible or impractical for the
20 agency to express a performance goal in any form for the program activ-
21 ity.
22 (e) For the purpose of complying with this section, an agency may
23 aggregate, disaggregate, or consolidate program activities, except that
24 any aggregation or consolidation may not omit or minimize the signif-
25 icance of any program activity constituting a major function or opera-
26 tion for the agency. This paragraph shall not be effective for fiscal
27 years after two thousand nine.
28 (f) On a date set by the director of the budget, each agency shall
29 prepare and submit to the director a report on program performance for
30 the previous fiscal year for inclusion in the state budget submitted
31 annually by the governor to the legislature, in accordance with article
32 seven of the constitution.
33 (g) Each program performance report shall set forth the performance
34 indicators established in the agency performance plan, along with the
35 actual program performance achieved compared with the performance goals
36 expressed in the plan for the preceding fiscal year.
37 (h) If performance goals are specified in an alternative form as
38 authorized by this section, the results of such program shall be
39 described in relation to such specifications.
40 (i) The report for fiscal year two thousand seven shall include actual
41 results for the preceding fiscal year, the report for fiscal year two
42 thousand eight shall include actual results for the two preceding fiscal
43 years, and the report for fiscal year two thousand nine and all subse-
44 quent reports shall include actual results for the three preceding
45 fiscal years.
46 4. Each report shall: (1) review the success of achieving the perform-
47 ance goals of the fiscal year;
48 (2) evaluate the performance plan for the current fiscal year relative
49 to the performance achieved toward the performance goals in the fiscal
50 year covered by the report;
51 (3) explain and describe, where a performance goal has not been met
52 why the goal was not met, plans and schedules for achieving the estab-
53 lished performance goal, and if the performance goal is impractical or
54 infeasible, why that is the case and what action is recommended; and
55 (4) include the summary findings of those program evaluations
56 completed during the fiscal year covered by the report.
S. 8414 23 A. 11995
1 5. Managerial accountability and flexibility. (a) Any other provision
2 of any other law to the contrary notwithstanding, performance plans
3 required hereunder may include proposals to waive administrative proce-
4 dural requirements and controls in return for specific individual or
5 organization accountability to achieve a performance goal. In preparing
6 and submitting the performance plan the director of the budget shall
7 review and may approve any proposed waivers. A waiver shall take effect
8 at the beginning of the fiscal year for which the waiver is approved.
9 (b) Any such proposal for waiver shall describe the anticipated
10 effects on performance resulting from greater managerial or organiza-
11 tional flexibility, discretion, and authority, and shall quantify the
12 expected improvements in performance resulting from any waiver. The
13 expected improvements shall be compared to current actual performance,
14 and to the projected level of performance that would be achieved inde-
15 pendent of any waiver.
16 (c) A proposed waiver of procedural requirements or controls imposed
17 shall not be included in a performance plan unless it is endorsed by the
18 agency that established the requirement, and the endorsement included in
19 the proposing agency's performance plan.
20 (d) A waiver shall be in effect for one or two years as specified by
21 the director of the budget in approving the waiver. A waiver may be
22 renewed for a subsequent year. After a waiver has been in effect for
23 three consecutive years, the performance plan may propose that a waiver
24 be made permanent.
25 (e) The director shall not be empowered to waive any statutory
26 requirement, but may submit legislation with the budget allowing for
27 such waiver.
28 6. Performance budgeting. (a) The director of the budget, after
29 consultation with each agency, shall designate not less than five agen-
30 cies as pilot projects in performance budgeting for fiscal years two
31 thousand eight and two thousand nine. The agencies shall reflect a
32 representative range of government functions and capabilities in measur-
33 ing and reporting program performance.
34 (b) Pilot projects in the designated agencies shall cover the prepara-
35 tion of performance budgets. Such budgets shall present, for one or
36 more of the major functions and operations of the agency, the varying
37 levels of performance, including outcome-related performance, that would
38 result from different budgeted amounts.
39 (c) The director of the budget shall include, as an alternative budget
40 presentation in the budget submitted for fiscal year two thousand eight,
41 the performance budgets of the designated agencies for this fiscal year.
42 (d) No later than March thirty-first, two thousand nine, the director
43 of the budget shall transmit a report to the governor and the legisla-
44 ture on performance budgeting. Such report shall:
45 (1) assess the feasibility and advisability of including a performance
46 budget as part of the annual budget;
47 (2) describe any difficulties encountered in preparing a performance
48 budget;
49 (3) recommend whether legislation requiring performance budgets should
50 be proposed and the general provisions of any legislation; and
51 (4) set forth any recommended changes in the other requirements of
52 this section.
53 7. Oversight. The legislature may contract with an entity with expe-
54 rience in management and budgeting for the purposes of evaluating the
55 implementation of this section.
S. 8414 24 A. 11995
1 8. Report by the division of the budget. The director of the budget,
2 after consultation with each agency, shall establish timelines, proce-
3 dures, forms and other necessary measurements and documentation required
4 by this section not later than September first, two thousand six, and
5 shall share such schedules and data with the fiscal committees of the
6 legislature. Such report shall include the program assessment rating
7 tool.
8 9. Training. The director of the budget after consultation with the
9 office of employee relations, the department of civil service, and the
10 department of labor, shall develop a strategic planning and performance
11 measurement training component for management training programs and
12 otherwise provide managers with an orientation on the development and
13 use of strategic planning and program performance measurement.
14 10. Application. No provision or amendment made by this section shall
15 be construed as creating any right, privilege, benefit, or entitlement
16 for any person who is not an officer or employee of the state of New
17 York acting in such capacity, and no person who is not an officer or
18 employee of the state of New York acting in such capacity shall have
19 standing to file any civil action in a court of this state to enforce
20 any provision or amendment made by this section.
21 § 38. This act shall take effect immediately, provided that section
22 thirty-four of this act shall take effect 3 years after such effective
23 date.
