S00002 Summary:
BILL NO | S00002 |
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SAME AS | SAME AS A00001 |
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SPONSOR | BRUNO |
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COSPNSR | JOHNSON, LIBOUS, SALAND, WINNER, ALESI, BALBONI, BONACIC, DEFRANCISCO, FARLEY, FLANAGAN,FUSCHILLO, GOLDEN, HANNON, LARKIN, LAVALLE, LEIBELL, LITTLE, MALTESE, MARCELLINO, MARCHI, MAZIARZ,MCGEE, MEIER, MORAHAN, NOZZOLIO, PADAVAN, RATH, ROBACH, SEWARD, SKELOS, TRUNZO, VOLKER, WRIGHT,ALESI, BALBONI, BONACIC, DEFRANCISCO |
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MLTSPNSR | |
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Amd St Fin L, generally; amd S1615, Tax L; amd SS17.03, 27.15 & 27.17, Pks & Rec L; amd S551, LabL; amd SS16-a, 316 & 316-a, R & SS L; add Art 4-B SS75 & 76, Leg L | |
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Establishes procedure for implementation of a contingency budget on the first day of the fiscal year in the event the legislature has not finally acted upon all appropriation bills submitted by the governor; enacts provisions relating to appropriations for public education; submission of financial plans; requires use of separate schedules; multi-year financial plan changes; provides for additional debt reporting; revisions of financial plans and capital improvement programs; establishes earlier time frames for certain actions (quickstart); creates the health care reform act fund; provides for reporting of journal voucher transactions; changes the date of the fiscal year; creates the New York state independent budget office; provides for procedures relating to appropriations and reporting for information technology projects; provides for revision of information by the executive to reflect legislative action on the executive budget and contingency budget; relates to amounts held and transferred to and by the tax stabilization reserve fund and establishes the fiscal stabilization reserve fund; and provides that the budget shall include a current services budget projecting the cost of continuing levels of activities and programs authorized for the current state fiscal year as well as provisions of law scheduled to take effect through the conclusion of the ensuing state fiscal year. |
S00002 Actions:
BILL NO | S00002 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/05/2005 | REFERRED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/11/2005 | ORDERED TO THIRD READING CAL.1 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/11/2005 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/11/2005 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/11/2005 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
02/16/2005 | substituted for a1 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/16/2005 | ordered to third reading rules cal.16 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/16/2005 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
02/16/2005 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
04/21/2005 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
05/03/2005 | VETOED MEMO.5 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2005 | TABLED | |||||||||||||||||||||||||||||||||||||||||||||||||
05/09/2005 | MOTION TAKEN FROM TABLE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/09/2005 | MOTION TO OVERRIDE VETO BY GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
05/09/2005 | REPASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/09/2005 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
05/23/2005 | motion to override veto by governor | |||||||||||||||||||||||||||||||||||||||||||||||||
05/23/2005 | repassed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/23/2005 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
08/15/2005 | DELIVERED TO SECRETARY OF STATE | |||||||||||||||||||||||||||||||||||||||||||||||||
08/15/2005 | CHAPTER 666 |
S00002 Floor Votes:
Yes
Abbate
Yes
Christensen
Yes
Galef
Yes
Lavelle
Yes
O'Connell
Yes
Sayward
ER
Acampora
Yes
Clark
Yes
Gantt
Yes
Lavine
Yes
O'Donnell
Yes
Scarborough
Yes
Alfano
Yes
Cohen A
Yes
Gianaris
Yes
Lentol
Yes
O'Mara
Yes
Schimminger
ER
Arroyo
ER
Cohen M
Yes
Glick
Yes
Lifton
Yes
Ortiz
Yes
Schroeder
Yes
Aubertine
Yes
Colton
Yes
Gordon
Yes
Lopez
Yes
Ortloff
Yes
Scozzafava
Yes
Aubry
Yes
Conte
Yes
Gottfried
Yes
Lupardo
No
Parment
ER
Seddio
Yes
Bacalles
Yes
Cook
Yes
Grannis
Yes
Magee
Yes
Paulin
Yes
Seminerio
Yes
Barclay
Yes
Crouch
Yes
Green
Yes
Magnarelli
Yes
Peoples
Yes
Stephens
Yes
Barra
Yes
Cusick
Yes
Greene
Yes
Manning
Yes
Peralta
Yes
Stringer
No
Barraga
Yes
Cymbrowitz
Yes
Gunther
Yes
Markey
Yes
Perry
Yes
Sweeney
Yes
Benedetto
Yes
DelMonte
No
Hayes
Yes
Mayersohn
Yes
Pheffer
Yes
Tedisco
Yes
Benjamin
Yes
Destito
Yes
Heastie
Yes
McDonald
Yes
Powell
Yes
Thiele
Yes
Bing
Yes
Diaz LM
ER
Hikind
Yes
McDonough
Yes
Pretlow
Yes
Titus
Yes
Boyland
Yes
Diaz R
ER
Hooker
Yes
McEneny
Yes
Quinn
Yes
Tokasz
Yes
Bradley
Yes
DiNapoli
Yes
Hooper
ER
McLaughlin
Yes
Rabbitt
Yes
Tonko
Yes
Brennan
Yes
Dinowitz
Yes
Hoyt
Yes
Meng
Yes
Raia
Yes
Towns
Yes
Brodsky
Yes
Eddington
Yes
Ignizio
Yes
Miller
Yes
Ramos
Yes
Townsend
Yes
Brown
Yes
Englebright
ER
Jacobs
Yes
Millman
Yes
Reilich
Yes
Weinstein
Yes
Burling
ER
Errigo
Yes
John
Yes
Mirones
Yes
Reilly
Yes
Weisenberg
Yes
Butler
Yes
Espaillat
Yes
Karben
Yes
Morelle
ER
Rivera J
ER
Weprin
Yes
Cahill
Yes
Farrell
Yes
Kirwan
Yes
Mosiello
Yes
Rivera N
Yes
Wirth
EL
Calhoun
No
Ferrara
No
Kolb
No
Nesbitt
Yes
Rivera PM
Yes
Wright
Yes
Canestrari
Yes
Fields
Yes
Koon
Yes
Nolan
Yes
Robinson
Yes
Young
Yes
Carrozza
ER
Finch
Yes
Lafayette
Yes
Norman
Yes
Saladino
Yes
Zebrowski
Yes
Casale
No
Fitzpatrick
Yes
Latimer
No
Oaks
Yes
Sanders
Yes
Mr. Speaker
‡ Indicates voting via videoconference
Yes
Abbate
Yes
Christensen
Yes
Gianaris
Yes
Lavine
Yes
O'Donnell
Yes
Scarborough
No
Acampora
Yes
Clark
Yes
Glick
Yes
Lentol
No
O'Mara
Yes
Schimminger
ER
Alfano
Yes
Cohen
Yes
Gordon
Yes
Lifton
Yes
Ortiz
Yes
Schroeder
Yes
Arroyo
Yes
Colton
Yes
Gottfried
Yes
Lopez
No
Ortloff
No
Scozzafava
Yes
Aubertine
No
Conte
Yes
Grannis
Yes
Lupardo
Yes
Parment
Yes
Seddio
Yes
Aubry
Yes
Cook
Yes
Green
Yes
Magee
Yes
Paulin
ER
Seminerio
No
Bacalles
No
Crouch
Yes
Greene
Yes
Magnarelli
Yes
Peoples
No
Stephens
No
Barclay
Yes
Cusick
Yes
Gunther
No
Manning
Yes
Peralta
Yes
Stringer
Yes
Barra
Yes
Cymbrowitz
No
Hayes
Yes
Markey
Yes
Perry
Yes
Sweeney
ER
Barraga
Yes
DelMonte
Yes
Heastie
ER
Mayersohn
Yes
Pheffer
No
Tedisco
Yes
Benedetto
Yes
Destito
Yes
Hevesi
No
McDonald
Yes
Powell
No
Thiele
Yes
Benjamin
Yes
Diaz LM
Yes
Hikind
Yes
McDonough
Yes
Pretlow
Yes
Titus
Yes
Bing
Yes
Diaz R
ER
Hooker
Yes
McEneny
Yes
Quinn
Yes
Tokasz
Yes
Boyland
Yes
DiNapoli
Yes
Hooper
Yes
McLaughlin
No
Rabbitt
Yes
Tonko
Yes
Bradley
Yes
Dinowitz
Yes
Hoyt
Yes
Meng
No
Raia
Yes
Towns
Yes
Brennan
Yes
Eddington
Yes
Ignizio
No
Miller
Yes
Ramos
Yes
Townsend
Yes
Brodsky
Yes
Englebright
Yes
Jacobs
Yes
Millman
No
Reilich
Yes
Weinstein
Yes
Brown
ER
Errigo
Yes
John
No
Mirones
Yes
Reilly
Yes
Weisenberg
No
Burling
Yes
Espaillat
Yes
Karben
Yes
Morelle
Yes
Rivera J
Yes
Weprin
No
Butler
Yes
Farrell
Yes
Kirwan
Yes
Mosiello
Yes
Rivera N
No
Wirth
Yes
Cahill
Yes
Fields
No
Kolb
No
Nesbitt
Yes
Rivera PM
Yes
Wright
No
Calhoun
No
Finch
Yes
Koon
Yes
Nolan
Yes
Robinson
Yes
Zebrowski
Yes
Canestrari
No
Fitzpatrick
Yes
Lafayette
Yes
Norman
Yes
Saladino
Yes
Mr. Speaker
Yes
Carrozza
Yes
Galef
Yes
Latimer
No
Oaks
Yes
Sanders
Yes
Casale
Yes
Gantt
Yes
Lavelle
ER
O'Connell
No
Sayward
‡ Indicates voting via videoconference
S00002 Memo:
Memo not availableGo to top
S00002 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 2 2005-2006 Regular Sessions IN SENATE January 5, 2005 ___________ Introduced by Sens. BRUNO, JOHNSON, LIBOUS, SALAND, WINNER, ALESI, BALBONI, BONACIC, DeFRANCISCO, FARLEY, FLANAGAN, FUSCHILLO, GOLDEN, HANNON, LARKIN, LAVALLE, LEIBELL, LITTLE, MALTESE, MARCELLINO, MARCHI, MAZIARZ, McGEE, MEIER, MORAHAN, NOZZOLIO, PADAVAN, RATH, ROBACH, SEWARD, SKELOS, TRUNZO, VOLKER, WRIGHT -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, in relation to establishing a procedure for the implementation of a contingency budget; to amend the state finance law, in relation to appropriations for the education department for elementary, secondary and continuing education; to amend the state finance law, in relation to submission of financial plans; to amend the state finance law, in relation to requiring sepa- rate schedules; to amend the state finance law, in relation to multi- year financial plan changes; to amend the state finance law, in relation to additional debt reporting; to amend the state finance law, in relation to revisions of financial plans and capital improvement programs; to amend the state finance law, in relation to establishing earlier time frames for certain actions (quickstart); to amend the state finance law, in relation to creating the health care reform act (HCRA) fund; to amend the state finance law, in relation to the reporting of journal voucher transactions; to amend the state finance law, the tax law, the parks, recreation and historic preservation law, the labor law and the retirement and social security law, in relation to changing the fiscal year; to amend the legislative law, in relation to creating the New York state independent budget office; to amend the state finance law, in relation to information technology reporting; to amend the state finance law, in relation to financial plan revision by the executive; to amend the state finance law, in relation to the tax stabilization reserve fund and establishing the fiscal stabilization reserve fund; and to amend the state finance law, in relation to a current services budget EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. S LBD05043-01-5S. 2 2 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The state finance law is amended by adding a new section 2 24-a to read as follows: 3 § 24-a. Contingency budget. 1. A contingency budget shall take effect 4 on the first day of the fiscal year in the event the legislature has not 5 finally acted upon all the appropriation bills submitted by the governor 6 for such fiscal year and shall be sufficient for the ongoing operation 7 and support of state government and local assistance. Such contingency 8 budget shall take effect without further action by the legislature or 9 the governor, and shall remain in effect until both houses of the legis- 10 lature pass a single multiple appropriation bill which alters such 11 contingency budget. Passage by both houses of the legislature of such 12 multiple appropriation bill shall constitute the conclusion of the 13 contingency period. 14 2. The contingency budget shall authorize the renewal of the appropri- 15 ations and reappropriations enacted for the immediately preceding fiscal 16 year. Such appropriations and reappropriations, in addition to any 17 related statutory spending and revenue provisions in effect during such 18 year, shall remain in effect for the same period as the contingency 19 budget remains effective. 20 3. (a) The aggregate disbursements authorized by appropriations and 21 reappropriations in the contingency budget for such fiscal year shall 22 not exceed aggregate disbursements made in the immediately preceding 23 fiscal year, provided further that disbursements authorized by individ- 24 ual items of appropriation and reappropriation in the contingency budget 25 shall not exceed disbursements made for such individual items of appro- 26 priation and reappropriation in the immediately preceding fiscal year, 27 with the following exceptions: 28 (i) payments related to public assistance grants under the family 29 assistance, safety net and disability assistance programs established 30 pursuant to chapter four hundred thirty-six of the laws of nineteen 31 hundred ninety-seven, and for emergency assistance for families and 32 payments for eligible aged, blind and disabled persons related to 33 supplemental security income; 34 (ii) federal funds for which receipt would be jeopardized or federal 35 law would be violated if subject to such disbursement limitation; and 36 (b) The contingency budget shall not authorize disbursements for the 37 contingency period for any: 38 (i) spending related to prior year appropriations or reappropriations 39 for items which were one-time or non-recurring in nature; or 40 (ii) new contracts that are not for the continuation of ongoing 41 services or capital projects; or 42 (iii) trend factors, cost of living adjustments or other rate adjust- 43 ments that would otherwise automatically become effective, except those 44 required by federal law. 45 (c) No law changing the exceptions contained in paragraph (a) or (b) 46 of this subdivision may become effective until three years from the date 47 of its enactment. 48 4. If, after a contingency budget becomes effective, the independent 49 budget office projects that annual receipts are insufficient to meet 50 annual disbursements under the contingency budget, uniform reductions 51 shall be applied to all disbursements other than those included in para- 52 graph (a) of subdivision three of this section in order to achieve a 53 balanced plan of receipts and disbursements. Such reductions shall beS. 2 3 1 applied not later than the thirtieth day that the contingency budget is 2 in effect, except where federal or other notification is required to 3 effectuate a reduction, in which case such notification shall be made no 4 later than the thirtieth day after the contingency budget is in effect 5 and the related reduction shall take effect as soon thereafter as 6 allowed. No reduction implemented under this subdivision shall alter any 7 eligibility provision for any program. 8 § 2. Subdivisions 1, 2 and 3 of section 40 of the state finance law, 9 as amended by chapter 169 of the laws of 1994, are amended to read as 10 follows: 11 1. The budget and the budget bills submitted by the governor shall 12 include all appropriations which in the opinion of the governor will be 13 required during the full succeeding fiscal year. In the case of appro- 14 priations for the general support of public schools and the state 15 lottery fund, the budget and the budget bills submitted by the governor 16 shall include all appropriations for the general support of public 17 schools and the state lottery fund which in the opinion of the governor 18 will be required during the next full fiscal year following the succeed- 19 ing fiscal year, and any additional appropriations for the general 20 support of public schools which in the opinion of the governor will be 21 required during the full succeeding fiscal year above, at or below the 22 amounts appropriated for such purposes in the current fiscal year. Such 23 appropriations shall be proposed as separate appropriations applying 24 individually to the succeeding fiscal year and the next succeeding 25 fiscal year. 26 2. (a) No appropriation made at a regular session of the legislature 27 shall, unless the contrary is expressly provided in the act by which 28 such appropriation is made, be available prior to the commencement of 29 the fiscal year for which the budget is adopted at such session, and 30 every appropriation made at such session, except as provided in para- 31 graphs (b), (d), and (e) of this subdivision, shall cease to have force 32 and effect, except as to liabilities already incurred thereunder, at the 33 close of [such] the fiscal year in which such appropriation shall first 34 become available. 35 (b) Every deficiency appropriation made at a regular session of the 36 legislature which by the express terms of the act by which such appro- 37 priation is made shall be available prior to the commencement of the 38 fiscal year for which the budget is adopted at such session shall cease 39 to have force and effect, except as to liabilities already incurred 40 thereunder, at the close of the fiscal year in which such appropriation 41 shall become available. 42 (c) Every appropriation made at an extraordinary session of the legis- 43 lature shall, unless the contrary is expressly provided in the act by 44 which such appropriation is made, be available immediately upon the 45 taking effect of such act and shall cease to have force and effect, 46 except as to liabilities already incurred thereunder, at the close of 47 the fiscal year in which such appropriation shall become available. 48 (d) Every appropriation enacted in the fund type special revenue 49 funds-federal for a grant period which extends beyond [March thirty-50first] April thirtieth of the fiscal year in which the appropriations 51 are enacted shall be available for liabilities incurred during such 52 grant period after such [March thirty-first] April thirtieth date. 53 (e) All state operations appropriations made to the city university of 54 New York and the state university of New York shall cease to have force 55 and effect, except as to liabilities already incurred thereunder, as ofS. 2 4 1 the thirtieth day of June immediately following the state fiscal year 2 for which they are enacted. 3 3. Every appropriation for whatever purpose which at the close of the 4 fiscal year in which such appropriation shall first become available, 5 shall cease to have force and effect except as to liabilities already 6 incurred thereunder shall as to such liabilities continue in force and 7 effect until the dates specified in paragraphs (a), (b), (c) and (d) of 8 this subdivision, on which dates such appropriation shall lapse and no 9 money shall thereafter be paid out of the state treasury or any of its 10 funds or any of the funds under its management pursuant to such appro- 11 priation. 12 (a) Except for appropriations made to the city university of New York 13 and the state university of New York, all state operations appropri- 14 ations including special revenue funds-federal appropriations continued 15 pursuant to paragraph (d) of subdivision two of this section shall lapse 16 on the [thirtieth] thirty-first day of [June] July immediately following 17 the close of the fiscal year. The appropriations made to the city 18 university of New York or the state university of New York shall lapse 19 on the thirtieth day of September immediately following the close of the 20 fiscal year. 21 (b) All aid to localities appropriations including special revenue 22 funds-federal appropriations continued pursuant to paragraph (d) of 23 subdivision two of this section shall lapse on the fifteenth day of 24 [September] October immediately following the close of the fiscal year. 25 (c) All capital projects appropriations shall lapse on the fifteenth 26 day of [September] October immediately following the close of the fiscal 27 year. 28 (d) All other appropriations shall lapse on the fifteenth day of 29 [September] October immediately following the close of the fiscal year. 30 § 3. Paragraph d-2 of subdivision 3 of section 22 of the state finance 31 law, as amended by chapter 260 of the laws of 1993, is amended to read 32 as follows: 33 d-2. Within ten days following the submission of the financial plans 34 presented in accordance with subdivisions one and two of this section, 35 the director of the budget shall submit to the comptroller and the 36 chairs of the senate finance committee and the assembly ways and means 37 committee: 38 (i) a detailed schedule by fund of the receipts and disbursements 39 comprising such summary financial plan, and 40 (ii) a schedule for each governmental fund type other than the general 41 fund showing the differences between projected operating results on a 42 cash basis and those on the basis of generally accepted accounting prin- 43 ciples, and 44 (iii) a detailed schedule by fund of revenues and expenditures within 45 the general fund, and 46 (iv) a detailed schedule by fund of receipts for the prior, current 47 and next ensuing fiscal years shown by each major revenue category, 48 including each individual tax, each individual component part of miscel- 49 laneous receipts, and each revenue source which accounts for at least 50 one-half of one percent of all receipts within each fund type, and 51 (v) an itemized list of transfers to and from each fund. 52 § 4. Paragraph e of subdivision 3 of section 22 of the state finance 53 law, as amended by chapter 762 of the laws of 1992, is amended to read 54 as follows: 55 e. The anticipated general fund quarterly schedule and fiscal year 56 total for the prior, current and next ensuing fiscal [year] years of:S. 2 5 1 disbursements; receipts; repayments of advances; total tax refunds; and 2 refunds for the tax imposed under article twenty-two of the tax law. 3 Such information shall be presented in the same form as the summary 4 financial plans presented in accordance with subdivisions one and two of 5 this section. A separate, detailed, report of such schedule shall be 6 provided with receipts shown by each major revenue category, including 7 each individual tax, each individual component part of miscellaneous 8 receipts, and each revenue source which accounts for at least one-half 9 of one per centum of all receipts within each fund type and with 10 disbursements shown by major agency or major spending item. 11 The director of the division of the budget shall submit concurrent 12 with the submission of the financial plan to the legislature pursuant to 13 subdivision two of this section and with each update thereafter a sched- 14 ule of actual and planned disbursements by month and by fund type stat- 15 ing separately and distinctly variances between actual and projected 16 disbursements for the most recent practicable month and previous twelve 17 months. Such report shall document actual and projected state disburse- 18 ments inclusive of, and distinctly stated by categories of local assist- 19 ance grants including general purpose, education, social services, medi- 20 caid, health and environment, mental hygiene, transportation, criminal 21 justice and miscellaneous; by departmental operations including personal 22 services and non-personal services; by general state charges; and by 23 debt service payments. Such reports shall utilize a format that shall 24 facilitate comparison and analysis with those reports submitted to the 25 legislature by the office of audit and control pursuant to subdivision 26 nine of section eight of this chapter. 27 § 5. Paragraph e-2 of subdivision 3 of section 22 of the state finance 28 law, as added by chapter 762 of the laws of 1992, is amended to read as 29 follows: 30 e-2. A [measure of the] description of employment [level] levels for 31 each state department, division or office, for [both] the prior, current 32 and next ensuing fiscal [year, provided however that for the fiscal year33beginning April first, nineteen hundred ninety-three--ninety-four, such34measure shall be presented only for the general fund] years containing 35 separate schedules for the following fund types: general fund; federal 36 special revenue funds; other special revenue funds; capital projects 37 funds; and an all funds summary. Such information shall be presented in 38 summary form suitable for comparison and shall contain the following 39 measures including actual experience where possible: 40 (i) budgeted-fill level or measure of employment used to determine 41 personal service appropriations; 42 (ii) full-time equivalents; 43 (iii) civil service jurisdiction classification (competitive, non-com- 44 petitive, exempt, labor); 45 (iv) employee status (permanent, temporary, provisional); and 46 (v) changes to the work force proposed in the executive budget 47 proposal, including but not limited to: new positions, layoffs, attri- 48 tion, elimination of funded vacancies, and transfers to other funding 49 sources. 50 § 6. Subdivision 4 of section 22 of the state finance law, as amended 51 by chapter 762 of the laws of 1992, is amended to read as follows: 52 4. a. Include a three year financial projection[, which shall be53submitted not later than thirty days after submission of the financial54plans pursuant to subdivision one of this section,] showing the antic- 55 ipated disbursements and receipts for each of the governmental fund 56 types of the state [and, for the general fund the anticipated expendi-S. 2 6 1tures and revenues for the ensuing fiscal year and for the two years2following the ensuing fiscal year]. For the purposes of this three year 3 financial projection, disbursements [and expenditures] shall be 4 presented by the following purposes: state purposes, local assistance, 5 capital projects, debt service, transfers and general state charges with 6 each major agency or major spending item identified separately within 7 each purpose; and receipts [and revenues] shall be presented[,] by each 8 major revenue category, including each individual tax, each individual 9 component part of miscellaneous receipts, and each revenue source which 10 accounts for at least one-half of one per centum of all receipts within 11 each fund type and with disbursements shown by major agency or major 12 spending item for the ensuing and each of the next [successive] two 13 fiscal [year by each revenue source which accounts for not less than one14per centum of all receipts or revenues of the general fund] years, and 15 otherwise by each major source which is separately estimated and 16 presented pursuant to paragraph b of subdivision three of this section 17 [and, for the remaining fiscal year by each revenue source which18accounts for at least ten per centum of all the receipts or revenues and19otherwise by categories of revenue sources. Provided however, that for20the fiscal year beginning in nineteen hundred ninety-three, for the21governmental funds other than the general fund, receipts shall be22presented by each revenue source which accounts for at least ten per23centum of all the receipts and otherwise by categories of revenue24source]. Receipts and disbursements for special revenue funds shall be 25 presented separately for federal funds and all other special revenue 26 funds. Whenever receipts and disbursements are proposed to be moved to a 27 different fund type, each significant amount so moved shall be 28 explained. This three year financial projection shall include an expla- 29 nation of any changes to the financial plans submitted in accordance 30 with subdivision one of this section and include explanations of the 31 economic, statutory and other assumptions used to estimate the disburse- 32 ments[, expenditures,] and receipts [and revenues] which are presented. 33 Whenever the projections for receipts and disbursements are based on 34 assumptions other than the current levels of service, such assumptions 35 shall be separately identified and explained. The three year financial 36 projections shall include a description of any projected deficits or 37 surpluses with a discussion of the causes and effects of such deficits 38 or surpluses as well as a description of available options to reduce any 39 projected deficits or utilize any projected surpluses. 40 b. Include a three year financial projection prepared on the basis of 41 generally accepted accounting principles similar in format to that 42 required by paragraph (a) of this subdivision. Such projection shall be 43 updated each year no later than September thirtieth. 44 § 7. Subdivision 11 of section 22 of the state finance law, as amended 45 by chapter 762 of the laws of 1992 and as renumbered by section 2 of 46 part F of chapter 389 of the laws of 1997, is amended to read as 47 follows: 48 11. a. Within ten days following the submission of the financial plans 49 presented in accordance with subdivisions one and two of this section, 50 the director of the budget shall submit to the chairs of the senate 51 finance committee and the assembly ways and means committee for the 52 prior, the current and next ensuing fiscal years detailed schedules by 53 agency [for the general fund] or major program and bill and fund type 54 with general state charges identified separately showing proposed appro- 55 priations [in the state operations and aid to localities budget bills] 56 with disbursements to be made against such appropriations, as well asS. 2 7 1 disbursements to be made against any existing appropriations in a form 2 suitable for comparison. 3 b. The following detail on appropriations and disbursements for debt 4 service as required by paragraph a of this subdivision shall also be 5 provided: 6 (1) For all bonds, notes or other obligations issued on or after the 7 effective date of the chapter of the laws of two thousand five which 8 amended this subdivision: 9 (i) a schedule of each of the issuance's gross principal, interest, 10 and other payments, by payment date; 11 (ii) a schedule of any funds used or expected to be used to offset 12 such payments as detailed in clause (i) of this subparagraph, by payment 13 date, which shall include, but not be limited to, each of the following: 14 A. accrued interest; 15 B. capitalized interest; 16 C. principal or interest earnings for monies held as bond proceeds, 17 debt service, debt service reserve or any other reserve funds; 18 D. principal, interest or any other monies utilized from any other 19 funds, accounts or other sources; 20 (iii) a schedule of each of the issuance's net principal, interest and 21 other payments, by payment date, which shall be those amounts arrived at 22 by subtracting clause (ii) of this subparagraph from clause (i) of this 23 subparagraph. 24 For purposes of this paragraph, information for payments on refunding 25 bonds may be substituted for information for payments on the bonds which 26 have been refunded. 27 (2) For each projected issuance of bonds, notes or other obligations: 28 (i) projected issuance date; 29 (ii) projected amount to be issued; 30 (iii) the projected final maturity of such bonds, notes or other obli- 31 gations to be sold; 32 (iv) assumptions as to interest rates, structuring, use of credit 33 enhancement, and any other relevant information; 34 (v) a schedule of each of the issuance's projected gross principal, 35 interest and other payments, by payment date; 36 (vi) a schedule of any funds used or expected to be used to offset 37 such payments as detailed in clause (v) of this subparagraph, by payment 38 date, which shall include, but not be limited to, each of the following: 39 A. accrued interest; 40 B. capitalized interest; 41 C. principal or interest earnings for monies held as bond proceeds, 42 debt service, debt service reserve or any other reserve funds; 43 D. principal, interest or any other monies utilized from any other 44 funds, accounts or other sources. 45 (vii) a schedule of each of the issuance's projected net principal, 46 interest and other payments, by payment date, which shall be those 47 amounts arrived at by subtracting clause (vi) of this subparagraph from 48 clause (v) of this subparagraph. 49 (viii) if such issuance consists of refunding bonds, notes, or other 50 obligations, a schedule of both gross and net projected principal, 51 interest, and other payment savings, by payment date. 52 (3) For each bonding program, a projected schedule of both the gross 53 and net principal, interest and other payments to be made during the 54 next succeeding three state fiscal years. 55 § 8. Subdivisions 3 and 4 of section 23 of the state finance law, 56 subdivision 3 as amended by chapter 837 of the laws of 1983 and subdivi-S. 2 8 1 sion 4 as amended by chapter 59 of the laws of 2000, are amended to read 2 as follows: 3 3. Financial plans and capital improvement program; revisions. [As4soon as practicable] Not later than thirty days after the legislature 5 has completed action on the budget bills submitted by the governor [for6state purposes, local assistance, capital projects and debt service, the7governor] who shall cause to be submitted to the legislature the 8 revisions to the financial plans and the capital plan required by subdi- 9 visions one, two, four and five of section twenty-two of this [chapter] 10 article as are necessary to account for all enactments affecting the 11 financial plans and the capital plan. [Such] The financial plan shall 12 also contain a cash flow analysis of projected receipts and disburse- 13 ments and other financing sources or uses for each month of the state's 14 fiscal year. Notwithstanding any other law to the contrary, such revised 15 plans and accompanying cash flow analysis shall be submitted to the 16 legislature and the comptroller in [the same] such form as the [plans17required by such subdivisions] comptroller shall prescribe. 18 4. Financial plan updates. Quarterly, throughout the fiscal year, the 19 governor shall submit to the comptroller, the [chair] chairs of the 20 senate finance [committee] and [the chair of] the assembly ways and 21 means [committee for the use of the committees and the information of22the legislature] committees, within thirty days of the close of the 23 quarter to which it shall pertain, a report which summarizes the actual 24 experience to date and projections for the remaining quarters of the 25 current fiscal year and for each of the next two fiscal years of 26 receipts, disbursements, tax refunds, and repayments of advances 27 presented in forms suitable for comparison with the financial plan 28 submitted pursuant to [subdivision] subdivisions one, four, five, eleven 29 and thirteen and paragraphs d-2, e and e-2 of subdivision three of 30 section twenty-two of this article and revised in accordance with the 31 provisions of subdivision three of this section. The governor shall 32 submit with the budget and on September first of each year a similar 33 report that summarizes revenue and expenditure experience to date as 34 well as projections for the remaining quarters of the current fiscal 35 year and each of the next two fiscal years in a form suitable for 36 comparison with the financial plan submitted pursuant to subdivision two 37 of section twenty-two of this article and revised in accordance with the 38 provisions of subdivision three of this section. Each such quarterly 39 report shall also contain a cash flow analysis of projected receipts and 40 disbursements and other financing sources or uses, in a format 41 prescribed by the comptroller, for each month remaining in the fiscal 42 year. Such reports shall provide an explanation of the causes of any 43 major deviations from the revised financial plans and, shall provide for 44 the amendment of the plan or plans to reflect those deviations. The 45 governor may, if he determines it advisable, provide more frequent 46 reports to the legislature regarding actual experience as compared to 47 the financial plans. The quarterly financial plan update most proximate 48 to October thirty-first of each year shall include the calculation of 49 the limitations on the issuance of state-supported debt computed pursu- 50 ant to the provisions of subdivisions one and two of section sixty-sev- 51 en-b of this chapter. 52 § 9. Subdivision 5 of section 23 of the state finance law, as added by 53 chapter 762 of the laws of 1992, is amended to read as follows: 54 5. Financial information review. Annually on or before November 55 fifteenth, the governor, temporary president of the senate and the 56 speaker of the assembly shall cause their respective appropriate person-S. 2 9 1 nel to meet for the purpose of jointly reviewing available financial 2 information [and developing a process] to facilitate timely adoption of 3 a budget for the next fiscal year. Such [process] review shall include 4 meetings to discuss the economic outlook, revenue forecasts, projected 5 spending, the impact of relevant state and federal statutory provisions, 6 and any other matters deemed appropriate. Not later than December 7 [fifteenth] fifth, such respective appropriate personnel shall [report8to their principals on the steps necessary to accomplish the adoption of9a timely budget] separately prepare and make available reports on esti- 10 mated state receipts and state disbursements for the current and ensuing 11 fiscal years. Each report on estimated state receipts shall include, but 12 shall not be limited to, estimated tax receipts on an all-funds basis, 13 estimated lottery receipts, estimated miscellaneous receipts to be 14 received in the general fund, and the underlying factors and data upon 15 which such estimated receipts are based. Each report on estimated state 16 disbursements shall include, but shall not be limited to, estimates of 17 state disbursements for Medicaid and the underlying factors and data on 18 which such estimates are based, estimates of state disbursements for 19 public assistance and the underlying caseload and other factors and data 20 on which such estimates are based, and estimates of state disbursements 21 for assistance for elementary and secondary education and the underlying 22 factors and data on which such estimates are based. 23 The governor, temporary president of the senate and the speaker of the 24 assembly shall cause their respective appropriate personnel to meet 25 annually on or after December fifth to review the separate reports on 26 estimated state receipts and state disbursements. The respective appro- 27 priate personnel shall identify and evaluate the differences between the 28 estimates of state receipts and state disbursements, and the differences 29 between the underlying factors and data on which such estimates are 30 based, and separately report such differences and the evaluation thereof 31 to their principals. 32 § 10. The state finance law is amended by adding a new section 92-cc 33 to read as follows: 34 § 92-cc. Health care reform act (HCRA) fund. 1. There is hereby 35 established in the joint custody of the comptroller and the department 36 of taxation and finance a special fund to be known as the health care 37 reform act fund. 38 2. On and after April first, two thousand six, such fund shall consist 39 of the revenues collected or required to be deposited pursuant to para- 40 graph (a) of subdivision eighteen of section twenty-eight hundred 41 seven-c, and sections twenty-eight hundred seven-j, twenty-eight hundred 42 seven-s and twenty-eight hundred seven-t of the public health law, 43 section four hundred eighty-two of the tax law, subparagraph (O) of 44 paragraph four of subsection (j) of section four thousand three hundred 45 one of the insurance law, section twenty-seven of part A of chapter one 46 of the laws of two thousand two and all other moneys credited or trans- 47 ferred thereto from any other fund or source pursuant to law. 48 3. Moneys in the health care reform act fund shall be kept separate 49 from and shall not be commingled with any other moneys in the joint or 50 sole custody of the comptroller and the department of taxation and 51 finance. 52 4. With submission of the budget for the fiscal year beginning April 53 first, two thousand six, the governor shall be required to provide sepa- 54 rate appropriations from the fund for each item included in sections 55 twenty-eight hundred seven-k, twenty-eight hundred seven-l, twenty-eight 56 hundred seven-m, twenty-eight hundred seven-s and twenty-eight hundredS. 2 10 1 seven-v of the public health law, as necessary to accomplish the 2 purposes of the health care reform act. 3 5. Moneys of the fund, following appropriation by the legislature 4 shall be expended in accordance with sections twenty-eight hundred 5 seven-k, twenty-eight hundred seven-l, twenty-eight hundred seven-m, 6 twenty-eight hundred seven-s and twenty-eight hundred seven-v of the 7 public health law, pursuant to a certificate of approval of availability 8 issued by the director of the budget, upon the recommendation of the 9 commissioner of health, or where appropriate, the superintendent of 10 insurance, and the commissioner of mental health and a copy of such 11 certificate filed with the state comptroller, the chairman of the senate 12 finance committee and the chairman of the assembly ways and means 13 committee. 14 6. The moneys, following allocation, shall be paid out of the fund on 15 the audit and warrant of the comptroller on vouchers certified or 16 approved by the commissioner of health, or by an officer or employee of 17 the department of health designated by the commissioner. 18 § 11. Section 8 of the state finance law is amended by adding two new 19 subdivisions 19 and 20 to read as follows: 20 19. Notwithstanding any inconsistent provision of law, maintain 21 detailed records of all activity commonly known as "journal transfers" 22 relating to any fund or account of the state for which he or she has the 23 duty pursuant to law to audit and maintain accountability, including any 24 supporting documentation relating thereto. 25 20. On or before April fifteenth of each year, submit an annual report 26 of such activity pursuant to subdivision nineteen of this section to the 27 temporary president of the senate and to the speaker of the assembly. 28 § 12. Section 2 of the state finance law is amended by adding a new 29 subdivision 20 to read as follows: 30 20. "Journal transfer". Any transfer or other method of movement of 31 federal or state monies by the comptroller including, but not limited 32 to, expenditure journal transfers, revenue journal transfers and statu- 33 tory transfers, between accounts and/or funds not specifically author- 34 ized by the state legislature. 35 § 13. Section 3 of the state finance law, as added by chapter 1 of the 36 laws of 1943 and as separately renumbered by chapters 405 and 957 of the 37 laws of 1981, is amended to read as follows: 38 § 3. Fiscal year. 1. The [current] fiscal year of the state which 39 [commenced] commences with the first day of [July] April, [nineteen40hundred forty-two] two thousand six, is hereby [abridged] extended and 41 shall end with the [thirty-first] thirtieth day of [March] April, [nine-42teen hundred forty-three] two thousand seven. For [all purposes of43determining annual increments of state employees pursuant to the educa-44tion law, the civil service law or other state law, and for] all 45 purposes whenever by law some act is to be performed or time is to be 46 measured by the fiscal year of the state, [the current] such fiscal 47 year, as so [abridged] extended, shall be deemed to be [a full] only one 48 year unless the context clearly requires a contrary construction. 49 On and after the first day of [April] May, [nineteen hundred forty-50three] two thousand seven, the fiscal year of the state, for the purpose 51 of budget, appropriations, receipts and disbursements of state moneys 52 and all other state affairs which are regulated in accordance with or 53 based on fiscal years, including the fiscal affairs of all state depart- 54 ments, commissions, boards, agencies, offices and institutions, shall 55 begin with the first day of [April] May and end with the next following 56 [thirty-first] thirtieth day of [March] April.S. 2 11 1 2. All books and accounts in the offices of the comptroller and the 2 department of taxation and finance shall be kept by fiscal years. All 3 annual accounts required to be rendered to the comptroller or to such 4 department by any person shall be closed on the [thirty-first] thirtieth 5 day of [March] April in each year, and be rendered as soon thereafter as 6 practicable, if no time is specially prescribed by law. 7 3. Where any statute provides, in terms or effect, that any inventory 8 or account, or a report relating in whole or in part to receipts and 9 disbursements of money, be made to the legislature or any state officer 10 annually, or for a year, by a department, commission, board, or officer 11 under the state government, such inventory or account, and such report 12 so far as it relates to such receipts and disbursements, shall be for 13 the preceding fiscal year, unless the calendar year be expressly 14 mentioned. 15 4. Existing provisions of other laws describing or referring to a 16 fiscal year of the state as beginning [July] April first and ending 17 [June thirtieth] March thirty-first, or making any requirement with 18 respect to such fiscal year, or referring to any year so beginning and 19 ending which applies to [inventories or accounts in] state matters, or 20 to [reports relating to] state money or property, shall be deemed modi- 21 fied by and be construed in connection with this section, and be deemed 22 to refer to a fiscal [or to another] year [or period] beginning May 23 first, and ending [as herein prescribed for a fiscal year] April thirti- 24 eth. Nothing contained in this subdivision shall be deemed to alter any 25 statutory requirement with respect to an obligation of the state to 26 disburse moneys on or before a specific date or with respect to an obli- 27 gation of any person to make required payments in the form of taxes, 28 fees or other charges or other obligations to the state on or before a 29 specific date. 30 § 14. The opening paragraph of subdivision 17 of section 8 of the 31 state finance law, as added by chapter 992 of the laws of 1983, is 32 amended to read as follows: 33 Report annually to the legislature on or before [May] June first on 34 the contracts issued by state agencies during the previous fiscal year 35 for consulting services. The report shall include the following informa- 36 tion for each agency: 37 § 15. Intentionally omitted. 38 § 16. The opening paragraph of paragraph j of subdivision 1 of section 39 54 of the state finance law, as added by chapter 430 of the laws of 40 1997, is amended to read as follows: 41 The comptroller and the commissioner of taxation and finance shall 42 jointly prepare and furnish to the state board of real property services 43 by [June] July fifteenth of each year, a certified report setting forth 44 total state tax collections during the prior state fiscal year. 45 § 17. The opening paragraph of subdivision 5 of section 55 of the 46 state finance law, as added by chapter 59 of the laws of 1982, is 47 amended to read as follows: 48 The comptroller shall annually submit a report to the director of the 49 budget, the [chairman] chairs of the senate finance committee and the 50 [chairman of the] assembly ways and means committee. Such report shall 51 be submitted no later than the last business day of [June] July and 52 shall provide a comprehensive analysis of any flexible notes and/or 53 short-term series notes issued or outstanding in the previous fiscal 54 year. Such report shall include, but not be limited to:S. 2 12 1 § 18. Subparagraph (ii) of paragraph 4 of subdivision (a) of section 2 83 of the state finance law, as amended by chapter 512 of the laws of 3 1994, is amended to read as follows: 4 (ii) The state comptroller shall provide an annual report of the trust 5 account which lists the amount of the principal, the earned income, the 6 earned income accrued to the principal, and the earned income trans- 7 ferred to the conservation fund pursuant to subparagraph (iii) of this 8 paragraph not later than [April] May tenth of each year for the state 9 fiscal year ending the immediately preceding [March thirty-first] April 10 thirtieth. A copy of such report shall be transmitted, forthwith, to the 11 director of the division of the budget, the [chairman] chair of the 12 senate finance committee, the [chairman] chair of the assembly ways and 13 means committee, the commissioner of the department of environmental 14 conservation and each of the eleven members of the conservation fund 15 advisory [council] board, created pursuant to section [seven hundred of16the executive law] 11-0327 of the environmental conservation law. 17 § 19. Subdivision 6 of section 85 of the state finance law, as added 18 by chapter 63 of the laws of 1988, is amended to read as follows: 19 6. Commencing [April] May first, [nineteen hundred ninety] two thou- 20 sand seven and at the beginning of each fiscal year thereafter, if the 21 state comptroller finds that the total amount to the credit of the fund 22 as of the first day of the previous month is in excess of the sum of one 23 million dollars, he shall advise the [chairman] chair of the senate 24 finance committee, the [chairman] chair of the assembly ways and means 25 committee and the director of the budget of such findings, and shall 26 within thirty days thereafter transfer to the general fund of the state 27 a sum equal to the amount of such excess. 28 § 20. Subdivision 4 of section 92-a of the state finance law, as added 29 by chapter 53 of the laws of 1985, is amended to read as follows: 30 4. In the budget bills accompanying the budget for each state fiscal 31 year beginning on or after April first, nineteen hundred eighty-six but 32 prior to [April] May first, two thousand seven, the governor shall 33 recommend an appropriation to be made to the account established by this 34 section during the ensuing fiscal year from any moneys in the general 35 fund to the credit of the local assistance account. The amount of such 36 recommended appropriation shall be an amount that the governor deter- 37 mines to be appropriate based on the economic condition of the state at 38 such time, his prognosis as to the condition of the state economy during 39 the ensuing fiscal year, [his] estimates of all the state expenditures 40 that are necessary to be made for other purposes during the ensuing 41 fiscal year, and [his] projections of all the revenues and moneys that 42 are likely to be available therefor. No moneys shall be paid into such 43 fund until a certificate of approval by the director of the budget has 44 been filed with the [chairmen] chairs of the senate finance committee 45 and the assembly ways and means committee. 46 § 21. Subdivision 4 of section 94 of the state finance law, as amended 47 by chapter 190 of the laws of 1990, is amended to read as follows: 48 4. On or before [April] May twentieth in each year[, commencing with49April twentieth, nineteen hundred ninety-one], the chief administrator 50 shall determine and certify to the comptroller the difference between: 51 (a) the aggregate receipts derived by the state from the fees specified 52 in paragraph (e) of subdivision two of section thirty-nine of the judi- 53 ciary law during the fiscal year ending the preceding [March thirty-54first] April thirtieth plus all interest paid to the commissioner of 55 taxation and finance during such fiscal year pursuant to section one 56 hundred eighty-two of this chapter, and (b) the aggregate receiptsS. 2 13 1 derived by the state from the fees specified in paragraph (e) of subdi- 2 vision two of section thirty-nine of the judiciary law during the state 3 fiscal year commencing April first, nineteen hundred eighty-six. One- 4 half of the amount of such difference shall thereupon be transferred by 5 the comptroller from the general fund to the court facilities incentive 6 aid fund. 7 § 22. Subdivision 4 of section 99-d of the state finance law, as added 8 by chapter 474 of the laws of 1996, is amended to read as follows: 9 4. Notwithstanding section forty of this chapter or any other 10 provision of law, appropriations of this fund shall be available for 11 liabilities incurred during and after the close of the fiscal year for 12 which such appropriations are enacted, provided however that such appro- 13 priations shall lapse on the fifteenth day of [September] October 14 following the close of the fiscal year, and no monies shall thereafter 15 be paid out of the state treasury or any of its funds or the funds under 16 its management pursuant to such appropriations. 17 § 23. Subdivision 2 of section 99-e of the state finance law, as added 18 by chapter 309 of the laws of 1996, is amended to read as follows: 19 2. Such account shall consist (a) of any and all unexpended and unen- 20 cumbered moneys received by the state university of New York from 21 tuition, fees, user charges, or other sources and deposited into the 22 income offset account, and (b) any other undisbursed balance of the 23 general fund appropriation as of the last day of the state university 24 fiscal year as reduced pursuant to subparagraph six of paragraph c of 25 subdivision four of section three hundred fifty-five of the education 26 law to reflect any aggregate amount established by the director of the 27 budget less than the amount appropriated. Such moneys shall be trans- 28 ferred by the state comptroller into the stabilization account on or 29 before [September] October fifteenth within thirty days of such date. In 30 addition, all or a portion of the account balances in other state 31 university income accounts, except the dormitory income reimbursable 32 account, shall be transferred by the state comptroller, at the request 33 of the state university, to the stabilization account. 34 § 24. Subdivision a of section 1615 of the tax law, as amended by 35 chapter 170 of the laws of 1994, is amended to read as follows: 36 a. All books, accounts and records of the division, relating to the 37 state lottery, shall be kept by fiscal years beginning on the first day 38 of [April] May and ending on the [thirty-first] thirtieth day of [March] 39 April next following. The division shall separately identify the actual 40 sales receipts, prizes, appropriations and expenditures for advertising 41 and promotions, reserves and the interest thereon by type by game, and 42 the source and use of unclaimed prize funds by type by game on an 43 accrual and cash basis where both are available and on an accrual or 44 cash basis where both are not available. 45 § 25. Section 17.03 of the parks, recreation and historic preservation 46 law is amended to read as follows: 47 § 17.03 Allocation of monies. The monies received by the state from 48 the sale of bonds sold pursuant to the outdoor recreation development 49 bond act shall be expended pursuant to appropriations for (1) marine, 50 (2) park, (3) historic site and (4) forest recreation projects, and for 51 (5) municipal park projects in New York city and (6) municipal park 52 projects outside New York City. The director of the budget shall certify 53 to the state comptroller on the first day of [April] May of each year 54 that portion of the outdoor recreation development bond act authori- 55 zation estimated to be expended in the ensuing fiscal year for each of 56 the above purposes in fulfillment of capital construction developmentS. 2 14 1 appropriations, and proceeds of the sale of outdoor recreation develop- 2 ment bonds shall be so allocated. Such certification may be amended from 3 time to time by the director of the budget. The director of the budget 4 shall file a copy of such certificate and each amendment thereof with 5 the [chairman] chair of the senate finance committee, and the [chairman] 6 chair of the assembly ways and means committee. 7 § 26. Subdivision 1 of section 27.15 of the parks, recreation and 8 historic preservation law, as amended by chapter 400 of the laws of 9 1973, is amended to read as follows: 10 1. Every county, city, town or village enforcing the provisions of 11 this chapter relating to snowmobiles shall be entitled to receive state 12 aid as hereinafter provided. A county, city, town or village seeking 13 reimbursement for expenditures incurred in enforcement of this article, 14 including expenditures incurred for signs and markers therefor, shall 15 submit to the commissioner by January first of each year an estimate of 16 such expenditures for the current fiscal year, in such form and contain- 17 ing such information as the commissioner may require. Within one month 18 after the close of the fiscal year, each such county, city, town or 19 village shall submit to the commissioner a statement of authorized 20 expenditures actually incurred, in such form and containing such infor- 21 mation as he may require. For the purpose of this section, "fiscal year" 22 shall mean the period from [April] May first through [March thirty-23first] April thirtieth. 24 § 27. Subdivision 3 of section 27.17 of the parks, recreation and 25 historic preservation law, as amended by section 2 of part G of chapter 26 82 of the laws of 2002, is amended to read as follows: 27 3. Every county or, where applicable, any city, town or village within 28 such county, shall be eligible for a grant for the development and main- 29 tenance of a system of snowmobile trails and a program with relation 30 thereto within its boundaries. Such grants shall be made by the commis- 31 sioner and may constitute up to one hundred percent of the cost of such 32 program including expenditures incurred for signs and markers of snowmo- 33 bile trails. Any county or, where applicable, any city, town or village 34 within such county, applying for such grant shall submit to the commis- 35 sioner by September first of each year an estimate of such expenditures 36 for the current fiscal year, in such form and containing such informa- 37 tion as the commissioner may require. No city, town or village may 38 apply for such grant where the county within which it is contained has 39 submitted an application for the same fiscal year. For the purpose of 40 this section, "fiscal year" shall mean the period from [April] May first 41 through [March thirty-first] April thirtieth. The commissioner shall 42 review all such applications and shall determine the amount of state aid 43 to be allocated to each county or, where applicable, any city, town or 44 village within such county in accordance with the provisions of subdivi- 45 sion five of this section. Of the amount the commissioner determines 46 each county or, where applicable, any city, town or village within such 47 county is eligible to receive, seventy percent shall be made available 48 for distribution by November first and thirty percent for distribution 49 upon demonstration of completion, submitted by June first, of the 50 program. 51 § 28. Subdivision 3 of section 551 of the labor law, as added by chap- 52 ter 705 of the laws of 1944, is amended to read as follows: 53 3. Payment of administrative expenses. The total amount of expenses 54 incurred by the commissioner in connection with the administration of 55 this article and such proportion of the total expenses of maintaining 56 the public employment offices as established under this chapter and forS. 2 15 1 the purposes of this article, as shall be determined to be necessary and 2 required by the provisions of this article and so certified by the 3 commissioner, shall, upon audit by the comptroller, be disbursed from 4 the unemployment administration fund. Annually, as soon as practicable 5 after [April] May first, the commissioner and the comptroller shall 6 ascertain the total amount of such expenses incurred during the preced- 7 ing fiscal year. An itemized statement of the total expenses so ascer- 8 tained shall be open to public inspection in the office of the commis- 9 sioner after notice in an official publication of the department. All 10 disbursements from such fund shall be made by the commissioner of taxa- 11 tion and finance on the warrant of the comptroller. 12 § 29. Subdivision d of section 16-a of the retirement and social secu- 13 rity law, as added by chapter 33 of the laws of 1986, is amended to read 14 as follows: 15 d. On or before October fifteenth of nineteen hundred eighty-six and 16 each succeeding year during the amortization period, the comptroller 17 shall file with the director of the budget an estimate of the amount of 18 the annual payment required to be made pursuant to this section in the 19 state fiscal year beginning the first day of [April] May next succeeding 20 such October fifteenth. 21 § 30. Subdivision a of section 316 of the retirement and social secu- 22 rity law, as amended by chapter 33 of the laws of 1986, is amended to 23 read as follows: 24 a. Upon the basis of each annual actuarial valuation and appraisal 25 provided for in this article, the comptroller, on or before the 26 fifteenth day of October of each year, shall prepare and file with the 27 director of the budget an itemized estimate of the amounts necessary to 28 be appropriated by the state to the pension accumulation fund and the 29 New York state public employees group life insurance plan, as appropri- 30 ate. Such itemized estimate may be revised on or before December thirti- 31 eth of each such year. Such amounts shall be sufficient to provide for 32 payment in full for (i) the succeeding fiscal year of all estimated 33 obligations of the state to the [policemen's and firemen's] New York 34 state and local police and fire retirement system; and (ii) any actual 35 obligations of the state to such retirement system, remaining unpaid, 36 plus interest on such amount, for the fiscal year ending on the [March37thirty-first] April thirtieth preceding such date; provided, however, 38 that such estimate of actual obligations shall be made commencing with 39 the filings due on October fifteenth, [nineteen hundred eighty-seven] 40 two thousand six and thereafter. If, as a result of the estimate 41 required to be made pursuant to clause (i) of the preceding sentence, 42 the state overpaid its actual obligation to the retirement system in any 43 year, the amount estimated in the filing required by this subdivision 44 next succeeding such overpayment shall reflect the amount of such over- 45 payment, plus interest on such amount, as a reduction in amounts that 46 would otherwise be estimated to be due the retirement system from the 47 state. An item of appropriation which shall be sufficient to provide for 48 such obligations shall be included in the next annual appropriation bill 49 when it is presented to the legislature for passage. The amounts so 50 appropriated or so much thereof as may be required shall be paid from 51 the state treasury on warrant of the comptroller into the pension accu- 52 mulation fund and the New York state public employees group life insur- 53 ance plan, as appropriate, on March first of each state fiscal year. For 54 the purposes of this section, interest shall mean the rate or rates of 55 interest used in the actuarial valuations covering the period of time 56 over which such interest is computed.S. 2 16 1 § 31. Subdivision d of section 316-a of the retirement and social 2 security law, as added by chapter 33 of the laws of 1986, is amended to 3 read as follows: 4 d. On or before October fifteenth of [nineteen hundred eighty-six] two 5 thousand six and each succeeding year during the amortization period, 6 the comptroller shall file with the director of the budget an estimate 7 of the amount of the annual payment required to be made pursuant to this 8 section in the state fiscal year beginning the first day of [April] May 9 next succeeding such October fifteenth. 10 § 32. The legislative law is amended by adding a new article 4-B to 11 read as follows: 12 ARTICLE 4-B 13 NEW YORK STATE INDEPENDENT BUDGET OFFICE 14 Section 75. Powers and duties of the New York state independent budget 15 office. 16 76. Director of the New York state independent budget office. 17 § 75. Powers and duties of the New York state independent budget 18 office. There shall hereby be established a New York state independent 19 budget office. 1. It shall be the duty of the New York state independent 20 budget office to provide the members and committees of the legislature 21 with information which will assist such officials and bodies in the 22 discharge of their responsibilities which are related to the budgetary 23 process including: 24 (a) information with respect to the budget, appropriations bills and 25 proposed laws with fiscal implications; 26 (b) information with respect to estimated revenues and receipts, and 27 changing revenue conditions; and 28 (c) to the extent practicable, such other information or analyses as 29 may be requested by such officials and bodies. 30 Requests made by the speaker of the assembly, the temporary president 31 of the senate, the chair of the assembly ways and means committee and 32 the chair of the senate finance committee regarding the budget, revenues 33 and expenditures shall receive priority attention. 34 2. The independent budget office may complete a fiscal impact state- 35 ment: 36 (a) for any bill at the request of the speaker of the assembly or the 37 temporary president of the senate; and 38 (b) at the request of committee chairs for any bill referred to their 39 respective committees. Fiscal impact statements shall estimate the 40 impact on state revenues or expenditures. 41 3. The independent budget office may publish a report with respect to 42 the expected levels of state revenues by the first day of January, the 43 first day of April, the first day of July and the first day of October 44 of each year. 45 4. The independent budget office may prepare an economic and revenue 46 forecast in time for its review by the conveners of the consensus 47 economic and revenue forecasting conference in the month of March of 48 each year. 49 5. The independent budget office may publish by December first of each 50 year a report analyzing the fiscal outlook of the state for the next 51 three years. 52 6. The independent budget office may, from time to time, publish such 53 reports as may be appropriate to enhance the official and public under- 54 standing of the budgetary process and of the budget documents.S. 2 17 1 7. All studies and reports prepared by the independent budget office 2 shall be made available to the public and shall also be made available 3 by electronic means over the internet. 4 § 76. Director of the New York state independent budget office. 1. The 5 New York state independent budget office shall be headed by a director 6 who shall be jointly appointed by the speaker of the assembly and the 7 temporary president of the senate. 8 2. (a) There shall be an independent budget office advisory committee 9 consisting of (i) one person appointed by each of the following offi- 10 cials and who shall serve at the pleasure of such officials; the chair 11 and ranking member of the assembly ways and means committee and the 12 chair and ranking member of the senate finance committee, and (ii) six 13 other members jointly appointed by the speaker of the assembly and the 14 temporary president of the senate, who shall serve for two year terms. 15 The members shall all be individuals with extensive experience and know- 16 ledge in the fields of finance, economics, accounting, public adminis- 17 tration and public policy analysis including at least one nationally 18 recognized expert in the fields of budget theory and the budget process; 19 one dean or director or former dean or director of a graduate school of 20 business administration located in New York state; one officer or former 21 officer or economic advisor of a labor union; one officer or former 22 officer or economic advisor to a business corporation; and one officer 23 or former officer of a civic or public interest advocacy organization 24 involved in budget matters. 25 (b) The independent budget office advisory committee may assist in the 26 development of guidelines for the best practices of the independent 27 budget office. The independent budget office advisory committee shall 28 meet annually. In the event of a vacancy, the committee shall provide 29 to the speaker of the assembly and the temporary president of the senate 30 a list of qualified candidates for the position of director. 31 (c) Members of the advisory committee shall receive no compensation 32 but shall be reimbursed for reasonable expenses incurred in connection 33 with their duties. 34 3. The director of the independent budget office shall be appointed 35 without regard to political affiliation and solely on the basis of 36 fitness to perform the duties assigned by this article. The initial term 37 of office of the first director shall be three years commencing on Janu- 38 ary first, two thousand six, and the subsequent terms of office there- 39 after shall be for two years commencing January first, two thousand 40 nine. Any individual appointed to fill a vacancy prior to the expira- 41 tion of a term shall serve only for the unexpired portion of such term. 42 An individual serving as director at the expiration of the term may 43 continue to serve until a successor is appointed. 44 4. The director of the independent budget office shall appoint such 45 personnel and procure the services of such experts and consultants, 46 within the appropriations available therefor, as may be necessary for 47 such director to carry out the duties and functions assigned pursuant to 48 this article. Such personnel and experts shall perform such duties as 49 may be assigned to them by the director. 50 5. The director of the independent budget office shall be authorized 51 to secure such information, data, estimates and statistics directly from 52 the agencies of the state as the director determines to be necessary for 53 the performance of the functions and duties of the independent budget 54 office, and such agencies shall provide such information in a timely 55 fashion. Such director shall not be entitled to obtain records which areS. 2 18 1 protected by the privileges for attorney-client communications, attorney 2 work product and material prepared for litigation. 3 § 33. Section 22 of the state finance law is amended by adding a new 4 subdivision 16 to read as follows: 5 16. a. With respect to appropriations for any information technology 6 project involving one or more contracts and totalling five million 7 dollars or more proposed for funding in the budget submitted annually by 8 the governor to the legislature, the amount requested to fund each such 9 project shall be set forth as a separate item of appropriation. 10 Notwithstanding any provision of law to the contrary, such appropriation 11 or a portion thereof shall be made available only upon the submission to 12 the director of the budget, the chair of the senate finance committee 13 and the chair of the assembly ways and means committee, of a project 14 design, development and implementation plan prepared by the commissioner 15 of the lead agency for the project. Such plan shall include, but not be 16 limited to, a schedule for the design, development and implementation of 17 the project that identifies functional design components, specifica- 18 tions, and requirements, key milestones, timetable, the estimated cost 19 of each phase of the project and weighs the appropriateness of discrete 20 technical and functional project components. The plan shall document the 21 rationale for project scope and method of procurement, including whether 22 the project will be procured as a single contract or as separate 23 contracts of discrete technical and functional components. Any expendi- 24 ture made pursuant to such appropriation shall be in accordance with 25 such plan. 26 b. Within thirty days following the submission of the budget by the 27 governor for each fiscal year, beginning with the two thousand six--two 28 thousand seven fiscal year, the director of the budget shall transmit to 29 the chairs of the senate finance committee and the assembly ways and 30 means committee a report which includes project specific information for 31 the proposed appropriations identified in paragraph a of this subdivi- 32 sion and any other projects which appear as separate items of appropri- 33 ation. Such report shall set forth: 34 (1) existing or anticipated contracts, including the agency or agen- 35 cies which let or anticipate letting such contracts; 36 (2) vendor name when available; 37 (3) a description of the project and contract purpose in less than 38 thirty words; 39 (4) whether such contracts are or are anticipated to be centralized 40 contracts; 41 (5) anticipated lifetime contract costs, broken down by fiscal year; 42 (6) contract amendments and/or change orders for the current fiscal 43 year, including value if any and reasons therefor; 44 (7) the estimated date of contract completion, including annual time- 45 table for a multi-year contract and any change in such timetable since 46 the previous report and the reasons therefor; 47 (8) the total of all expenditures on such specific contracts made 48 prior to the then current fiscal year, including all agencies which have 49 incurred such costs including when expenditures are made off of a 50 centralized contract; 51 (9) the total amount of expenditures on such specific contracts esti- 52 mated to be made during the then current fiscal year and during each of 53 the next ensuing five fiscal years for multi-year contracts, including 54 all agencies which have incurred such costs including when expenditures 55 are made off of a centralized contract;S. 2 19 1 (10) whether such project is financed by the issuance of certificates 2 of participation or similar instruments and the associated costs related 3 thereto; and 4 (11) such other information as necessary to fully describe the state 5 obligation with regard to such specific or anticipated contracts. 6 § 34. The state finance law is amended by adding a new section 2-b to 7 read as follows: 8 § 2-b. Additional definition. As used in subdivision sixteen of 9 section twenty-two of this chapter, the term "information technology" 10 shall mean a good, service or good and service that results in a 11 digital, electronic or similar technical method of achieving a practical 12 purpose or in improvements in productivity, including but not limited to 13 information management, equipment, software, operating systems, inter- 14 face systems, interconnected systems, telecommunications, data manage- 15 ment, networks, and network management, consulting, supplies, facili- 16 ties, maintenance and training. 17 § 35. Section 23 of the state finance law is amended by adding a new 18 subdivision 7 to read as follows: 19 7. Revision of information. Information required by subdivisions one, 20 three, seven, ten, eleven, twelve, and thirteen of section twenty-two of 21 this article shall be revised to reflect legislative action on the exec- 22 utive budget and on the contingency budget and shall be presented to the 23 legislature and the public within thirty days of final legislative 24 action on appropriation bills, not including any deficiency bill. 25 § 36. Subdivisions 3 and 4 of section 92 of the state finance law, as 26 separately amended by chapters 405 and 957 of the laws of 1981, are 27 amended to read as follows: 28 3. At the close of each fiscal year any cash surplus remaining in the 29 general fund over and above the norm for such fiscal year shall be 30 transferred from or retained in such fund as hereinafter in this subdi- 31 vision provided. There shall be transferred to the tax stabilization 32 reserve fund all of such surplus moneys, up to and including an amount 33 equivalent to two-tenths of one per centum of such norm, unless such 34 transfer would increase such reserve fund to an amount in excess of 35 [two] three per centum of the amount of the norm for such fiscal year, 36 in which event such transfer shall be limited to such amount as will 37 increase such reserve fund to such [two] three per centum limitation. 38 Any balance of such surplus moneys, thereafter remaining in the general 39 fund, shall be retained in such fund and be available for the reduction 40 of state taxes. 41 4. In the event that at the close of any fiscal year the receipts 42 derived from the taxes, fees and other sources, required to be paid 43 during such fiscal year into the general fund of the state shall fall 44 below the norm for such fiscal year, there shall be transferred from the 45 tax stabilization reserve fund to the general fund to the extent that 46 there are sufficient moneys in the tax stabilization reserve fund, an 47 amount equal to the difference between the norm and the amount of such 48 receipts. If such transfer reduces the tax stabilization reserve fund to 49 an amount less than [two] three per centum of the norm for such fiscal 50 year, the amount so transferred shall be repaid in cash prior to the 51 computation and payment of any transfer to the fund pursuant to subdivi- 52 sion three of this section in not less than three equal annual install- 53 ments within the period of six years or less next succeeding the date of 54 such transfer; provided, however, that if any such annual installment 55 shall increase such reserve fund to an amount in excess of [two] three 56 per centum of the amount of the norm for the then current fiscal year,S. 2 20 1 such installment shall be limited to such amount as will increase such 2 reserve fund to such [two] three per centum limitation and no further 3 repayment of the whole or any part of such transfer shall be required in 4 any subsequent fiscal year. Repayments to the tax stabilization reserve 5 fund shall be stipulated in annual budget bills. 6 § 37. The state finance law is amended by adding a new section 92-dd 7 to read as follows: 8 § 92-dd. Fiscal stabilization reserve fund. 1. There is hereby estab- 9 lished in the state treasury a fund to be known as the fiscal stabiliza- 10 tion reserve fund. Such fund shall consist of moneys deposited therein 11 and monies shall be withdrawn from such fund only for the purposes as 12 provided therein. 13 2. For each fiscal year commencing on or after April first, two thou- 14 sand six, an amount shall be transferred from the general fund and 15 deposited in the fiscal stabilization reserve fund which shall be calcu- 16 lated as two-tenths of one per centum of all moneys deposited into the 17 state treasury excluding federal funds, fiduciary funds and bond 18 proceeds, during the immediately preceding fiscal year reduced by the 19 amount that the sum of the balance of the fund at the beginning of the 20 fiscal year and two-tenths of one per centum of all the moneys deposited 21 into the state treasury during the immediately preceding fiscal year 22 exceeds three per centum of the moneys deposited in the state treasury 23 excluding federal funds, fiduciary funds and bond proceeds deposited 24 into the state treasury during the immediately preceding fiscal year. 25 3. Moneys available in the fiscal stabilization reserve fund shall be 26 withdrawn from the fund and transferred to the general fund in any 27 subsequent fiscal year for the payment of education aid to school 28 districts and boards of cooperative educational services during the 29 first two months of the state fiscal year for each year beginning on or 30 after May first, two thousand seven and for other purposes in the amount 31 jointly certified as necessary by the governor, the temporary president 32 of the senate and speaker of the assembly, provided that the amount 33 transferred shall not exceed the amount of moneys available in the 34 fiscal stabilization reserve fund. Any transfers from the fund for the 35 payment of education aid to school districts and boards of cooperative 36 education shall be repaid in the subsequent fiscal year. If an addi- 37 tional transfer reduces the fiscal stabilization reserve fund to an 38 amount less than three per centum of the moneys deposited in the state 39 treasury excluding federal funds, fiduciary funds and bond proceeds for 40 such fiscal year, the amount so transferred shall be repaid in cash 41 prior to the computation and payment of any transfer to the fund in not 42 less than three equal annual installments within the period of six years 43 or less next succeeding the date of such transfer; provided, however, 44 that if any such annual installment shall increase such reserve fund to 45 an amount in excess of three per centum of the amount of the moneys 46 deposited in the state treasury excluding federal funds, fiduciary funds 47 and bond proceeds for the then current fiscal year, such installment 48 shall be limited to such amount as will increase such reserve fund to 49 such three per centum limitation and no further repayment of the whole 50 or any part of such transfer shall be required in any subsequent fiscal 51 year. 52 § 38. Section 22 of the state finance law is amended by adding two new 53 subdivisions 14 and 15 to read as follows: 54 14. (a) Include a current services estimate projecting the cost of 55 continuing levels of activities and programs authorized for the currentS. 2 21 1 state fiscal year as well as provisions of law scheduled to take effect 2 through the conclusion of the ensuing state fiscal year. 3 Calculation of current services projections shall include, but not be 4 limited to, the following elements: 5 (1) Adjustments for authorized interchanges, transfers and deficien- 6 cies; 7 (2) Adjustments for annualization, or the full year cost of implement- 8 ing current state fiscal year budget actions, especially new initiatives 9 which received partial year funding; 10 (3) Elimination of non-recurring costs; 11 (4) Adjustments for inflation costs associated with meeting nonper- 12 sonal service expenditures; 13 (5) Adjustments for negotiated personal service contractual agreements 14 and related fringe benefit costs; and 15 (6) Adjustments for currently enacted statutory changes scheduled to 16 take effect in the current or ensuing state fiscal year, entitlement 17 growth, and population driven service delivery growth. 18 (b) Current service projections shall be presented in a standardized 19 tabular format showing a comparison with current year appropriations, 20 current year adjusted appropriations and appropriations recommended by 21 the governor for the following state fiscal year. These comparisons 22 shall be made at the following level of detail, where applicable, and in 23 the following order: 24 (1) Program; 25 (2) Purpose which shall include state operations, local assistance, 26 and capital projects; 27 (3) Fund type which shall include general fund, special revenue - 28 other funds, capital project funds, debt service funds and federal 29 funds; and 30 (4) Object level which shall include personal service, nonpersonal 31 service, and maintenance undistributed. 32 (c) Accompanying the standardized tabular comparison shall be a brief 33 narrative description of the effects of the governor's recommended 34 appropriations on the current services estimate. 35 15. Include a contingency budget estimate projecting the cost of 36 activities and programs authorized during the current fiscal year. 37 Calculation of a contingency budget shall include, but not be limited 38 to: 39 (a) Level of appropriations and reappropriations enacted during the 40 current fiscal year; 41 (b) Level of disbursements authorized during the current fiscal year; 42 (c) Adjustments for related statutory spending and revenue provisions 43 which would remain in effect; 44 (d) Adjustments for exceptions to contingency limits provided for in 45 subdivision three of section twenty-four-a of this article. 46 § 39. This act shall take effect immediately, provided, however, that: 47 1. Sections one through thirty-five and section thirty-eight of this 48 act shall take effect on the same date as amendments made by a concur- 49 rent resolution entitled a "Concurrent Resolution of the Senate and 50 Assembly proposing amendments to articles IV and VII of the state 51 constitution in relation to the submission of the budget to the legisla- 52 ture by the governor", take effect; and 53 2. Sections thirty-six and thirty-seven of this act shall take effect 54 three years after the date on which it shall have become a law; 55 provided, however, that in the event that a concurrent resolution enti- 56 tled "Concurrent Resolution of the Senate and Assembly proposing amend-S. 2 22 1 ments to articles IV and VII of the constitution, in relation to the 2 submission of the budget to the legislature by the governor" fails to 3 become a part of the constitution pursuant to the provisions of section 4 1 of article XIX of the constitution then this act shall not take effect 5 and the amendments to subdivisions 3 and 4 of section 92 of the state 6 finance law made by section thirty-six of this act and section 92-dd of 7 the state finance law as added by section thirty-seven of this act shall 8 be deemed repealed.