STATE OF NEW YORK
________________________________________________________________________
3
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, the state technology law, the
legislative law, the tax law, the parks, recreation and historic pres-
ervation law, the labor law and the retirement and social security
law, in relation to budget reform and providing for the repeal of
certain provisions upon expiration thereof
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. The governor shall submit to the legis-
4 lature no later than February first of each year, and the legislature
5 shall adopt, a contingency budget that shall take effect on the first
6 day of the fiscal year in the event the legislature has not finally
7 acted upon all the appropriation bills submitted by the governor for
8 such fiscal year and shall be sufficient for the ongoing operation and
9 support of state government and local assistance. A contingency period
10 shall take effect when the contingency budget takes effect, and shall
11 remain in effect until both houses of the legislature (i) pass a single
12 multiple appropriation bill that shall be submitted by the governor no
13 later than fifteen days after the date the contingency budget takes
14 effect and (ii) the legislative budget office certifies that enactment
15 of such bill will result in a balanced and complete plan of receipts and
16 expenditures for the fiscal year. The single multiple appropriation
17 bill submitted by the governor shall only include reductions to appro-
18 priations contained in the contingency budget and any proposed additions
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05608-01-5
S. 3 2
1 to the contingency budget which reflect policy initiatives. The legis-
2 lature may alter such single multiple appropriation bill in a manner
3 consistent with the constitution subject to the following: in the event
4 that the legislature strikes a proposed reduction to an appropriation
5 authorized in the contingency budget, no further disbursements or encum-
6 brances shall be authorized for that appropriation as contained in the
7 contingency budget. Provided further that any veto of a reduction to an
8 item of appropriation in the contingency budget added by the legislature
9 to the single multiple appropriation bill shall have the result that no
10 further disbursements or encumbrances are authorized for that appropri-
11 ation as contained in the contingency budget.
12 2. The contingency budget shall consist of the appropriations and
13 reappropriations enacted for the immediately preceding fiscal year. Such
14 appropriations and reappropriations, in addition to any related statuto-
15 ry spending and revenue provisions in effect during such year, shall
16 remain in effect for the same period as the contingency budget remains
17 effective.
18 3. (a) The aggregate disbursements authorized by appropriations and
19 reappropriations in the contingency budget for such fiscal year shall
20 not exceed aggregate disbursements made in the immediately preceding
21 fiscal year, provided further that disbursements authorized by individ-
22 ual items of appropriation and reappropriation in the contingency budget
23 shall not exceed disbursements made for such individual items of appro-
24 priation and reappropriation in the immediately preceding fiscal year,
25 with the following exceptions:
26 (i) payments related to public assistance grants under the family
27 assistance, safety net and disability assistance programs established
28 pursuant to chapter four hundred thirty-six of the laws of nineteen
29 hundred ninety-seven, and for emergency assistance for families and
30 payments for eligible aged, blind and disabled persons related to
31 supplemental security income;
32 (ii) federal funds for which receipt would be jeopardized or federal
33 law would be violated if subject to such disbursement limitation;
34 (iii) payments for state debt service, previously authorized lease-
35 purchase contracts and other special contractual obligations of the
36 state;
37 (iv) binding legal obligations for purposes existing or authorized by
38 appropriation in the preceding fiscal year which are mandated by federal
39 law or the state constitution and which are non-discretionary;
40 (b) The contingency budget shall not authorize disbursements for any:
41 (i) spending related to prior year appropriations or reappropriations
42 for items which were one-time or non-recurring in nature; or
43 (ii) new contracts that are not for the continuation of ongoing
44 services, programs or for the payment of capital project liabilities
45 incurred in the ordinary course of business pursuant to existing state
46 law for purposes for which the legislature authorized the expenditure of
47 money during the prior fiscal year; provided, however, that no new capi-
48 tal project shall be contracted for during a contingency period unless:
49 (A) specifically authorized by an appropriation included as part of the
50 enacted contingency budget, and/or (B) included as part of an in force
51 memorandum of understanding, the appropriations for which are included
52 as part of the enacted contingency budget. New capital projects author-
53 ized to be funded and contracted for during the contingency period shall
54 be limited to their original purpose, location, description and scope.
55 Nothing in this subparagraph shall be deemed to restrict the contracting
56 for health and safety related capital project emergencies for which
S. 3 3
1 funding has been provided in the enacted contingency budget appropri-
2 ation; or
3 (iii) trend factors, cost of living adjustments or other rate adjust-
4 ments that would otherwise automatically become effective, except those
5 required by federal law.
6 (c) For purposes of section forty-one of this chapter, no encumbrance
7 against an appropriation which would result in exceeding its contingency
8 period disbursement cap or limitation shall be made or authorized during
9 a contingency period.
10 (d) No law changing the exceptions contained in paragraph (a) or (b)
11 of this subdivision may become effective until three years from the date
12 of the enactment of this section.
13 4. If, during a contingency period, the independent financial review
14 board established pursuant to section twenty-eight of this article
15 projects that annual receipts are insufficient to meet annual disburse-
16 ments under the contingency budget and other legal liabilities of the
17 state payable during the fiscal year, uniform reductions shall be
18 applied to all disbursements other than those included in paragraph (a)
19 of subdivision three of this section in order to achieve a balanced plan
20 of receipts and disbursements. Such reductions shall be applied not
21 later than the fifteenth day that the contingency budget is in effect,
22 except where federal or other notification is required to effectuate a
23 reduction, in which case such notification shall be made no later than
24 the fifteenth day after the contingency budget is in effect and the
25 related reduction shall take effect as soon thereafter as allowed. No
26 reduction implemented under this subdivision shall alter any eligibility
27 provision for any program.
28 5. For the purpose of determining disbursements made in the immediate-
29 ly preceding fiscal year in this subdivision, disbursements shall be the
30 addition of (i) actual disbursements of the preceding fiscal year as
31 reported by the state comptroller and (ii) disbursements made in the
32 current fiscal year that were originally anticipated to be paid in the
33 preceding fiscal year and that past practice indicates would have been
34 paid in the preceding fiscal year minus (iii) disbursements made in the
35 preceding fiscal year that were originally anticipated to be paid in the
36 current fiscal year and that past practice indicates would have been
37 paid in the current fiscal year.
38 § 2. Subdivision 1 of section 40 of the state finance law, as amended
39 by chapter 169 of the laws of 1994, is amended to read as follows:
40 1. The budget and the budget bills submitted by the governor shall
41 include all appropriations which in the opinion of the governor will be
42 required during the full succeeding fiscal year. In the case of appro-
43 priations for the general support of public schools and the state
44 lottery fund, the budget and the budget bills submitted by the governor
45 shall include all appropriations for the general support of public
46 schools and the state lottery fund which in the opinion of the governor
47 will be required during the next full fiscal year following the succeed-
48 ing fiscal year, and any additional appropriations for the general
49 support of public schools which in the opinion of the governor will be
50 required during the full succeeding fiscal year above, at or below the
51 amounts appropriated for such purposes in the current fiscal year. Such
52 appropriations shall be proposed as separate appropriations applying
53 individually to the succeeding fiscal year and the next succeeding
54 fiscal year.
55 § 3. Section 22 of the state finance law is amended by adding a new
56 subdivision 14 to read as follows:
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1 14. The division of the budget shall prepare the reports, schedules,
2 and other information described below in this subdivision. To the
3 extent practicable, such reports, schedules, and information shall be in
4 a form, and presented at a level of detail, that facilitates comparison
5 on an annual basis and against actual results, as appropriate, and in a
6 manner consistent with the other reporting requirements enumerated in
7 this section. The reports, schedules, and other information required by
8 this subdivision shall be submitted to the chair of the senate finance
9 committee, the chair of the assembly ways and means committee, the
10 minority leaders of both houses, and the comptroller according to the
11 schedules set forth herein. In determining the final content and format
12 of the information required by this section, the division shall consult
13 annually with the designees of the temporary president of the senate,
14 the speaker of the assembly, the minority leaders of both houses, and
15 the comptroller. All information described in this subdivision shall be
16 made available to the public.
17 a. The summary financial plan submitted by the governor to the legis-
18 lature, in addition to the information described in subdivision one of
19 this section, shall include:
20 (1) A schedule of receipts for the prior, current, and next three
21 fiscal years. Such schedule shall present the major revenue sources for
22 each fund, including detail for each major tax and major components of
23 miscellaneous receipts.
24 (2) A description of employment levels for each state department,
25 division or office for the prior, current, and next ensuing fiscal year
26 containing (a) separate schedules for each fund type and (b) an all
27 funds summary. Such information shall be presented in a form that facil-
28 itates comparisons among agencies and across fiscal years, and shall
29 include (i) actual and projected full-time equivalents and (ii) proposed
30 changes to the workforce in the executive budget, including new posi-
31 tions, layoffs, attritions, and changes in funding sources. To the
32 extent practicable, the division of the budget shall facilitate the
33 provision of other relevant information on employment to the legislature
34 in a timely manner during the state fiscal year.
35 b. The executive budget, the enacted budget report and each quarterly
36 update to the financial plan shall include the following information, in
37 addition to the information required elsewhere in this section.
38 (1) An updated general fund forecast of receipts and disbursements for
39 the current and two succeeding fiscal years. Such updated forecast
40 shall clearly identify and explain the revisions to the receipts and
41 disbursements projections from the most recent prior update to the
42 financial plan, and any significant revisions to the underlying factors
43 affecting receipts and disbursements by major function, and may include,
44 but not be limited to: caseload, service, and utilization rates; demo-
45 graphic trends; economic variables; pension fund performance; incarcera-
46 tion rates; prescription drug prices; health insurance premiums;
47 inflation; contractual obligations; litigation; and state employment
48 trends.
49 (2) A revised monthly general fund cash flow projection of receipts
50 and disbursements for the current fiscal year that (a) compares actual
51 results to (i) actual results through the same period for the prior year
52 and (ii) the most recent prior update to the financial plan and to the
53 enacted budget financial plan, (b) summarizes the reasons for any vari-
54 ances, and (c) describes the revisions to the cash flow projections.
55 The monthly general fund cash flow projection shall be stated by major
56 category of local assistance, personal service, nonpersonal service,
S. 3 5
1 general state charges, and debt service, and by major category of reven-
2 ue.
3 c. The capital program and financing plan submitted pursuant to
4 section twenty-two-c of this article, and the update thereto required
5 pursuant to section twenty-three of this article, shall include a report
6 on the management of state-supported debt. Such report may include, but
7 is not limited to: (1) an assessment of the affordability of state debt,
8 including debt as a percent of personal income, debt per capita, and
9 debt service costs as a percent of the budget, (2) a summary and analy-
10 sis of the interest rate exchange agreements and variable rate exposure,
11 and (3) an assessment of financing opportunities related to the state's
12 debt portfolio.
13 § 4. Subdivision 4 of section 103 of the state technology law, as
14 added by chapter 430 of the laws of 1997 and such section as renumbered
15 by chapter 437 of the laws of 2004, is amended to read as follows:
16 4. (a) To review and coordinate the purchase of technology by state
17 agencies. Where applicable, such review shall include but not be limited
18 to: assessing consistency with the statewide strategic technology plan
19 and agency technology plan; statewide technology standards; the safe-
20 guarding of information privacy; security of confidential records; and
21 proper dissemination of public information;
22 (b) The chief information officer shall, on or before September first
23 each year, submit to the governor, director of the budget, the chair of
24 the senate finance committee, the chair of the assembly ways and means
25 committee, the minority leaders of both houses, and the comptroller a
26 report that shall include, but not be limited to, the following informa-
27 tion in relation to any information technology project included in an
28 agency technology plan that involves expenditures in excess of five
29 million dollars:
30 (i) a description of the project and its purpose;
31 (ii) anticipated lifetime costs relating to the project, broken down
32 by fiscal year; and
33 (iii) the estimated date of completion for the project, including an
34 annual timetable for any multi-year project.
35 § 5. The state finance law is amended by adding a new section 92-cc to
36 read as follows:
37 § 92-cc. Cash flow stabilization reserve fund. 1. There is hereby
38 established in the state treasury a fund to be known as the cash flow
39 stabilization reserve fund. Such fund shall consist of moneys deposited
40 therein and monies shall be withdrawn from such fund only for the
41 purposes as provided therein.
42 2. Prior to commencement of a May first fiscal year, an amount shall
43 be transferred from the general fund and deposited in the cash flow
44 stabilization reserve fund. Such amount, as determined by the director
45 of the budget, shall be sufficient to assist in the payment of prior
46 year liabilities and avoid the need for tax and revenue anticipation
47 notes or any other borrowing required to be repaid within the fiscal
48 year, and shall not exceed five per centum of the moneys deposited in
49 the state treasury excluding federal funds and fiduciary funds deposited
50 into the state treasury during the immediately preceding fiscal year.
51 3. Moneys available in the cash flow stabilization reserve fund shall
52 be withdrawn from the fund and transferred to the general fund in each
53 fiscal year for the payment of: (i) prior year liabilities for aid to
54 localities; (ii) tax refunds; and (iii) education aid to school
55 districts and boards of cooperative educational services for the remain-
56 ing aid of the then current school year in the amount certified as
S. 3 6
1 necessary by the director of the budget, provided that the amount trans-
2 ferred shall not exceed the amount of moneys available in the cash flow
3 stabilization reserve fund. Any transfers from the fund shall be repaid
4 within the same cash flow year. Prior to authorizing any transfer from
5 the cash flow stabilization reserve fund, the director of the budget
6 shall notify the governor, the speaker of the assembly, the temporary
7 president of the senate, the minority leaders of both houses and the
8 comptroller. Such notification shall specify the reasons for the trans-
9 fer, including the amount and nature of the payments that are being
10 supported by the transfer.
11 § 6. Subdivisions 2, 3 and 4 of section 92 of the state finance law,
12 as separately amended by chapters 405 and 957 of the laws of 1981, are
13 amended and two new subdivisions 6 and 7 are added to read as follows:
14 2. The aggregate amount disbursed from the general fund during the
15 fiscal year shall constitute the norm for such fiscal year of the amount
16 of revenues from such taxes, fees and other sources, and the term
17 "norm," as used in this section, shall mean such aggregate amount,
18 provided, however, that for the purposes of subdivision seven of this
19 section, the aggregate amount projected to be disbursed from the general
20 fund during the fiscal year immediately following the then-current
21 fiscal year shall constitute the norm for such fiscal year of the
22 projected amount of revenues from taxes, fees, and other sources
23 expected to be available during the fiscal year immediately following
24 the then-current fiscal year.
25 3. At the close of each fiscal year any cash surplus remaining in the
26 general fund over and above the norm for such fiscal year shall be
27 transferred from or retained in such fund as hereinafter in this subdi-
28 vision provided. There shall be transferred to the tax stabilization
29 reserve fund all of such surplus moneys, [up to and including an amount
30 equivalent to two-tenths of one per centum of such norm,] unless such
31 transfer would increase such reserve fund to an amount in excess of
32 [two] five per centum of the amount of the norm for such fiscal year, in
33 which event such transfer shall be limited to such amount as will
34 increase such reserve fund to such [two] five per centum limitation. Any
35 balance of such surplus moneys, thereafter remaining in the general
36 fund, shall be retained in such fund and be available for the reduction
37 of state taxes.
38 4. In the event that at the close of any fiscal year the receipts
39 derived from the taxes, fees and other sources, required to be paid
40 during such fiscal year into the general fund of the state shall fall
41 below the norm for such fiscal year, there shall be transferred from the
42 tax stabilization reserve fund to the general fund to the extent that
43 there are sufficient moneys in the tax stabilization reserve fund, an
44 amount equal to the difference between the norm and the amount of such
45 receipts. If such transfer reduces the tax stabilization reserve fund to
46 an amount less than [two] five per centum of the norm for such fiscal
47 year, the amount so transferred shall be repaid in cash prior to the
48 computation and payment of any transfer to the fund pursuant to subdivi-
49 sion three of this section in not less than three equal annual install-
50 ments within the period of six years or less next succeeding the date of
51 such transfer; provided, however, that if any such annual installment
52 shall increase such reserve fund to an amount in excess of [two] five
53 per centum of the amount of the norm for the then current fiscal year,
54 such installment shall be limited to such amount as will increase such
55 reserve fund to such [two] five per centum limitation and no further
56 repayment of the whole or any part of such transfer shall be required in
S. 3 7
1 any subsequent fiscal year. Repayments to the tax stabilization reserve
2 fund shall be stipulated in annual budget bills.
3 6. The commissioner of labor shall calculate and publish, on or before
4 the fifteenth day of each month, a composite index of business cycle
5 indicators. Such index shall be calculated using monthly data on New
6 York state employment, total manufacturing hours worked, and unemploy-
7 ment prepared by the department of labor or its successor agency, and
8 total retail sales prepared by the department of taxation and finance or
9 its successor agency. Such index shall be constructed in accordance with
10 the procedures for calculating composite indexes issued by the confer-
11 ence board or its successor organization, and adjusted for seasonal
12 variations in accordance with the procedures issued by the census bureau
13 of the United States department of commerce or its successor agency.
14 7. If the composite index described in subdivision six of this section
15 declines for five consecutive months, the commissioner of labor shall
16 notify the governor, the speaker of the assembly, the temporary presi-
17 dent of the senate, and the minority leaders of both houses. Upon such
18 notification, the director of the budget may authorize and direct the
19 comptroller to transfer from the tax stabilization reserve fund to the
20 general fund such amounts as the director of the budget deems necessary
21 to meet the requirements of the state financial plan, provided, however,
22 that the amounts transferred pursuant to this subdivision shall not (a)
23 exceed the difference between the norm and the projected level of reven-
24 ues from taxes, fees, and other sources as defined for the purposes of
25 this subdivision and (b) reduce the balance in the tax stabilization
26 reserve fund to an amount less than two percent of the norm as defined
27 for the purposes of this subdivision.
28 Prior to authorizing any transfer from the tax stabilization reserve
29 fund pursuant to the provisions of this section, the director of the
30 budget shall notify the governor, the speaker of the assembly, the
31 temporary president of the senate, and the minority leaders of both
32 houses. Such letter shall specify the reasons for the transfer and the
33 amount thereof. Any amounts transferred from the tax stabilization
34 reserve fund to the general fund shall be subject to all the repayment
35 provisions of this section.
36 The authority to transfer funds under the provisions of this subdivi-
37 sion shall lapse when the composite index shall have increased for five
38 consecutive months or twelve months from the original notification of
39 the commissioner of labor, whichever occurs earlier.
40 § 7. Subdivision 6 of section 23 of the state finance law, as added by
41 chapter 309 of the laws of 1996, is amended to read as follows:
42 6. Consensus economic and revenue forecasting conference; report. (a)
43 In the month of [March] February in each year, prior to the report
44 required by paragraph (b) of this subdivision, the chairperson and rank-
45 ing minority member of the senate finance committee, the chairperson and
46 ranking minority member of the assembly ways and means committee and the
47 director of the budget shall jointly convene a consensus economic and
48 revenue forecasting conference in the form of a joint legislative-execu-
49 tive hearing, for the purpose of assisting the governor and the legisla-
50 ture in reaching the consensus revenue forecast required by paragraph
51 (b) of this subdivision. The conveners of the conference shall invite
52 the state comptroller, the legislative budget office and such other
53 participants to the conference as shall, in their judgment, provide
54 guidance on the current conditions in, and probable outlook for the
55 performance of, the economy of the state, as well as the effect of such
56 conditions and such performance on state receipts.
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1 (b) On or before March [tenth] first in each year, the director of the
2 budget, the legislative budget office and the secretary of the senate
3 finance committee and the secretary of the assembly ways and means
4 committee shall issue a joint report containing a consensus forecast of
5 the economy and of receipts for the current and the ensuing state fiscal
6 year. The report shall include, but shall not be limited to, the follow-
7 ing information, presented on the cash basis of accounting: expected tax
8 receipts on an all-funds basis, projected lottery receipts, and antic-
9 ipated miscellaneous receipts to be received in the general fund.
10 § 8. The opening paragraph of section 54 of the legislative law is
11 designated subdivision 1 and two new subdivisions 2 and 3 are added to
12 read as follows:
13 2. When both houses are in agreement and prepared to finally act on
14 the budget in accordance with article seven of the constitution and/or
15 the single multiple appropriation bill pursuant to section twenty-four-a
16 of the state finance law, each house shall place on the desks of its
17 members a legislative summary report.
18 3. The legislative summary report to be placed on the desks of its
19 members shall be furnished to the division of the budget prior to enact-
20 ment of a budget and shall include for the general fund proposed legis-
21 lative changes for the ensuing fiscal year and the following fiscal
22 year, and a description of appropriation changes, including a balanced
23 financial plan of receipts and disbursements.
24 § 9. Subdivision 5 of section 23 of the state finance law, as added by
25 chapter 762 of the laws of 1992, is amended to read as follows:
26 5. Financial information review. Annually on or before November
27 fifteenth, the governor, temporary president of the senate and the
28 speaker of the assembly shall cause their respective appropriate person-
29 nel to meet for the purpose of jointly reviewing available financial
30 information [and developing a process] to facilitate timely adoption of
31 a budget for the next fiscal year. Such [process] review shall include
32 meetings to discuss the economic outlook, revenue forecasts, projected
33 spending, the impact of relevant state and federal statutory provisions,
34 and any other matters deemed appropriate. Not later than December
35 [fifteenth] fifth, such respective appropriate personnel shall [report
36 to their principals on the steps necessary to accomplish the adoption of
37 a timely budget] separately prepare and make available reports on esti-
38 mated state receipts and state disbursements for the current and ensuing
39 fiscal years. Each report on estimated state receipts shall include, but
40 shall not be limited to, estimated tax receipts on an all-funds basis,
41 estimated lottery receipts, estimated miscellaneous receipts to be
42 received in the general fund, and the underlying factors and data upon
43 which such estimated receipts are based. Each report on estimated state
44 disbursements shall include, but shall not be limited to, estimates of
45 state disbursements for Medicaid and the underlying factors and data on
46 which such estimates are based, estimates of state disbursements for
47 public assistance and the underlying caseload and other factors and data
48 on which such estimates are based, and estimates of state disbursements
49 for assistance for elementary and secondary education and the underlying
50 factors and data on which such estimates are based.
51 The governor, temporary president of the senate and the speaker of the
52 assembly shall cause their respective appropriate personnel to meet
53 annually on or after December fifth to review the separate reports on
54 estimated state receipts and state disbursements. The respective appro-
55 priate personnel shall identify and evaluate the differences between the
56 estimates of state receipts and state disbursements, and the differences
S. 3 9
1 between the underlying factors and data on which such estimates are
2 based, and separately report such differences and the evaluation thereof
3 to their principals.
4 § 10. The state finance law is amended by adding a new section 92-dd
5 to read as follows:
6 § 92-dd. Health care reform act (HCRA) fund. 1. There is hereby
7 established in the joint custody of the comptroller and the department
8 of health a fund to be known as the health care reform act fund.
9 2. Moneys of the fund shall be administered by a pool administrator
10 pursuant to section twenty-eight hundred seven-c of the public health
11 law.
12 3. On and after April first, two thousand six, such fund shall consist
13 of the revenues collected or required to be deposited pursuant to para-
14 graph (a) of subdivision eighteen of section twenty-eight hundred
15 seven-c, and sections twenty-eight hundred seven-j, twenty-eight hundred
16 seven-s and twenty-eight hundred seven-t of the public health law,
17 section four hundred eighty-two of the tax law, subparagraph (O) of
18 paragraph four of subsection (j) of section four thousand three hundred
19 one of the insurance law, section twenty-seven of part A of chapter one
20 of the laws of two thousand two and all other moneys credited or trans-
21 ferred thereto from any other fund or source pursuant to law.
22 4. Moneys in the health care reform act fund shall be kept separate
23 from and shall not be commingled with any other moneys in the joint or
24 sole custody of the comptroller and the department of health.
25 5. Moneys of the fund, following appropriation by the legislature
26 shall be expended in accordance with sections twenty-eight hundred
27 seven-k, twenty-eight hundred seven-l, twenty-eight hundred seven-m,
28 twenty-eight hundred seven-s and twenty-eight hundred seven-v of the
29 public health law, pursuant to a certificate of approval of availability
30 issued by the director of the budget, upon the recommendation of the
31 commissioner of health, or where appropriate, the superintendent of
32 insurance, and the commissioner of mental health and a copy of such
33 certificate filed with the state comptroller, the chair of the senate
34 finance committee and the chair of the assembly ways and means commit-
35 tee.
36 6. The moneys, following allocation, shall be paid out of the fund on
37 the audit and warrant of the comptroller on vouchers certified or
38 approved by the commissioner of health, or by an officer or employee of
39 the department of health designated by the commissioner.
40 § 11. The state finance law is amended by adding a new section 28 to
41 read as follows:
42 § 28. Independent financial review board. 1. There shall hereby be
43 established an independent financial review board consisting of five
44 members appointed as follows: (i) one member appointed by the governor;
45 (ii) one member appointed by the temporary president of the senate;
46 (iii) one member appointed by the speaker of the assembly; and (iv) one
47 member appointed by the state comptroller. The fifth member of the inde-
48 pendent financial review board shall be recommended by the governor and
49 appointed by a majority vote of the four members, and shall serve as the
50 chair. No public officer or employee shall be appointed to the inde-
51 pendent financial review board.
52 2. Each member of the independent financial review board shall serve
53 for a term of two years commencing January first, two thousand six.
54 3. Any individual appointed to fill a vacancy on the independent
55 financial review board occurring prior to the expiration of a term shall
56 serve only for the unexpired portion of such term. An individual serving
S. 3 10
1 as a member of the independent financial review board, including the
2 chair of the independent financial review board may continue to serve
3 after the expiration of their term pursuant to section five of the
4 public officers law until a successor is appointed.
5 4. A majority of the members of the independent financial review board
6 shall constitute a quorum. All determinations and actions of the inde-
7 pendent financial review board shall be by majority vote of all the
8 members of the independent financial review board.
9 5. Members of the independent financial review board shall receive no
10 compensation, but shall be reimbursed for reasonable expenses in
11 connection with their duties.
12 6. The duties of the independent financial review board shall be
13 prescribed by statute. The independent financial review board shall be
14 authorized to procure the services of experts and consultants as may be
15 necessary to carry out such duties and functions, within appropriations
16 available therefor.
17 7. No later than the date the contingency budget takes effect, the
18 independent financial review board shall issue a determination as to
19 whether annual receipts will be sufficient to meet annual disbursements
20 and other legal liabilities of the state payable during the fiscal year.
21 § 12. The legislative law is amended by adding a new article 4-B to
22 read as follows:
23 ARTICLE 4-B
24 NEW YORK STATE LEGISLATIVE BUDGET OFFICE
25 Section 75. Powers and duties of the New York state legislative budget
26 office.
27 76. Director of the New York state legislative budget office.
28 § 75. Powers and duties of the New York state legislative budget
29 office. There shall hereby be established a New York state legislative
30 budget office. 1. It shall be the duty of the New York state legislative
31 budget office to provide the members and committees of the legislature
32 with information which will assist such officials and bodies in the
33 discharge of their responsibilities which are related to the budgetary
34 process including:
35 (a) information with respect to the budget, appropriations bills and
36 proposed laws with fiscal implications;
37 (b) information with respect to estimated revenues and receipts, and
38 changing revenue conditions; and
39 (c) to the extent practicable, such other information or analyses as
40 may be requested by such officials and bodies.
41 Requests made by the speaker of the assembly, the temporary president
42 of the senate, the chair of the assembly ways and means committee and
43 the chair of the senate finance committee regarding the budget, revenues
44 and expenditures shall receive priority attention.
45 2. The legislative budget office may complete a fiscal impact state-
46 ment:
47 (a) for any bill at the request of the speaker of the assembly or the
48 temporary president of the senate; and
49 (b) at the request of committee chairs for any bill referred to their
50 respective committees. Fiscal impact statements shall estimate the
51 impact on state revenues or expenditures.
52 3. The legislative budget office may publish a report with respect to
53 the expected levels of state revenues by the first day of January, the
54 first day of April, the first day of July and the first day of October
55 of each year.
S. 3 11
1 4. The legislative budget office may prepare an economic and revenue
2 forecast in time for its review by the conveners of the consensus
3 economic and revenue forecasting conference in the month of March of
4 each year.
5 5. The legislative budget office may publish by December first of each
6 year a report analyzing the fiscal outlook of the state for the next
7 three years.
8 6. The legislative budget office may, from time to time, publish such
9 reports as may be appropriate to enhance the official and public under-
10 standing of the budgetary process and of the budget documents.
11 7. All studies and reports prepared by the legislative budget office
12 shall be made available to the public and shall also be made available
13 by electronic means over the internet.
14 § 76. Director of the New York state legislative budget office. 1. The
15 New York state legislative budget office shall be headed by a director
16 who shall be jointly appointed by the speaker of the assembly and the
17 temporary president of the senate.
18 2. (a) There shall be a legislative budget office advisory committee
19 consisting of (i) one person appointed by each of the following offi-
20 cials and who shall serve at the pleasure of such officials; the chair
21 and ranking member of the assembly ways and means committee and the
22 chair and ranking member of the senate finance committee, and (ii) six
23 other members jointly appointed by the speaker of the assembly and the
24 temporary president of the senate, who shall serve for two year terms.
25 The members shall all be individuals with extensive experience and know-
26 ledge in the fields of finance, economics, accounting, public adminis-
27 tration and public policy analysis including at least one nationally
28 recognized expert in the fields of budget theory and the budget process;
29 one dean or director or former dean or director of a graduate school of
30 business administration located in New York state; one officer or former
31 officer or economic advisor of a labor union; one officer or former
32 officer or economic advisor to a business corporation; and one officer
33 or former officer of a civic or public interest advocacy organization
34 involved in budget matters.
35 (b) The legislative budget office advisory committee may assist in the
36 development of guidelines for the best practices of the legislative
37 budget office. The legislative budget office advisory committee shall
38 meet annually. In the event of a vacancy, the committee shall provide
39 to the speaker of the assembly and the temporary president of the senate
40 a list of qualified candidates for the position of director.
41 (c) Members of the advisory committee shall receive no compensation
42 but shall be reimbursed for reasonable expenses incurred in connection
43 with their duties.
44 3. The director of the legislative budget office shall be appointed
45 without regard to political affiliation and solely on the basis of
46 fitness to perform the duties assigned by this article. The initial term
47 of office of the first director shall be three years commencing on Janu-
48 ary first, two thousand six, and the subsequent terms of office there-
49 after shall be for two years commencing January first, two thousand
50 nine. Any individual appointed to fill a vacancy prior to the expira-
51 tion of a term shall serve only for the unexpired portion of such term.
52 An individual serving as director at the expiration of the term may
53 continue to serve until a successor is appointed.
54 4. The director of the legislative budget office shall appoint such
55 personnel and procure the services of such experts and consultants,
56 within the appropriations available therefor, as may be necessary for
S. 3 12
1 such director to carry out the duties and functions assigned pursuant to
2 this article. Such personnel and experts shall perform such duties as
3 may be assigned to them by the director.
4 5. The director of the legislative budget office shall be authorized
5 to request from the secretaries of the legislative fiscal committees
6 such information, data, estimates and statistics as the director deter-
7 mines to be necessary for the performance of the functions and duties of
8 the legislative budget office consistent with section thirty of this
9 chapter.
10 § 13. Paragraph (d) of subdivision 2 and paragraphs (a), (b), (c) and
11 (d) of subdivision 3 of section 40 of the state finance law, as amended
12 by chapter 169 of the laws of 1994, are amended to read as follows:
13 (d) Every appropriation enacted in the fund type special revenue
14 funds-federal for a grant period which extends beyond [March thirty-
15 first] April thirtieth of the fiscal year in which the appropriations
16 are enacted shall be available for liabilities incurred during such
17 grant period after such [March thirty-first] April thirtieth date.
18 (a) Except for appropriations made to the city university of New York
19 and the state university of New York, all state operations appropri-
20 ations including special revenue funds-federal appropriations continued
21 pursuant to paragraph (d) of subdivision two of this section shall lapse
22 on the [thirtieth] thirty-first day of [June] July immediately following
23 the close of the fiscal year. The appropriations made to the city
24 university of New York or the state university of New York shall lapse
25 on the thirtieth day of September immediately following the close of the
26 fiscal year.
27 (b) All aid to localities appropriations including special revenue
28 funds-federal appropriations continued pursuant to paragraph (d) of
29 subdivision two of this section shall lapse on the fifteenth day of
30 [September] October immediately following the close of the fiscal year.
31 (c) All capital projects appropriations shall lapse on the fifteenth
32 day of [September] October immediately following the close of the fiscal
33 year.
34 (d) All other appropriations shall lapse on the fifteenth day of
35 [September] October immediately following the close of the fiscal year.
36 § 14. Section 3 of the state finance law, as added by chapter 1 of the
37 laws of 1943 and as separately renumbered by chapters 405 and 957 of the
38 laws of 1981, is amended to read as follows:
39 § 3. Fiscal year. 1. The current fiscal year of the state which
40 commenced with the first day of July, nineteen hundred forty-two, is
41 hereby abridged and shall end with the thirty-first day of March, nine-
42 teen hundred forty-three. For all purposes of determining annual incre-
43 ments of state employees pursuant to the education law, the civil
44 service law or other state law, and for all purposes whenever by law
45 some act is to be performed or time is to be measured by the fiscal year
46 of the state, the current fiscal year, as so abridged, shall be deemed
47 to be a full year unless the context clearly requires a contrary
48 construction.
49 On and after the first day of [April] May, [nineteen hundred forty-
50 three] two thousand six, 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. Provided, however, that
S. 3 13
1 the fiscal year for the state may commence on the first day of May, two
2 thousand five upon joint certification by the comptroller, director of
3 the division of the budget, and the commissioner of taxation and finance
4 that the following conditions have been satisfied: (a) reserves are
5 expected to be sufficient for the state to meet its projected general
6 fund payment obligations for the fiscal year without issuing tax and
7 revenue anticipation notes that mature in the same fiscal year, or
8 engaging in other borrowing for cash-flow purposes, (b) the state's
9 accounting, financial management systems, and other reporting systems
10 will permit the timely and accurate payment of state obligations, satis-
11 fy auditing, accounting, and management standards, meet the reporting
12 requirements imposed by federal and state law, and protect state proper-
13 ty and financial resources, (c) state statutes, regulations, and other
14 information have been revised to the extent practical, and (d) the
15 commencement of a new fiscal year is not expected to have a materially
16 adverse impact on state finances.
17 2. All books and accounts in the offices of the comptroller and the
18 department of taxation and finance shall be kept by fiscal years. All
19 annual accounts required to be rendered to the comptroller or to such
20 department by any person shall be closed on the [thirty-first] thirtieth
21 day of [March] April in each year, and be rendered as soon thereafter as
22 practicable, if no time is specially prescribed by law.
23 3. Where any statute provides, in terms or effect, that any inventory
24 or account, or a report relating in whole or in part to receipts and
25 disbursements of money, be made to the legislature or any state officer
26 annually, or for a year, by a department, commission, board, or officer
27 under the state government, such inventory or account, and such report
28 so far as it relates to such receipts and disbursements, shall be for
29 the preceding fiscal year, unless the calendar year be expressly
30 mentioned.
31 4. Existing provisions of other laws describing or referring to a
32 fiscal year of the state as beginning [July] April first and ending
33 [June thirtieth] March thirty-first, or making any requirement with
34 respect to such fiscal year, or referring to any year so beginning and
35 ending which applies to [inventories or accounts in] state matters, or
36 to [reports relating to] state money or property, shall be deemed modi-
37 fied by and be construed in connection with this section, and be deemed
38 to refer to a fiscal [or to another] year [or period] beginning May
39 first, and ending [as herein prescribed for a fiscal year] April thirti-
40 eth. Nothing contained in this subdivision shall be deemed to alter any
41 statutory requirement with respect to an obligation of the state to
42 disburse moneys on or before a specific date or with respect to an obli-
43 gation of any person to make required payments in the form of taxes,
44 fees or other charges or other obligations to the state on or before a
45 specific date.
46 § 15. The opening paragraph of subdivision 17 of section 8 of the
47 state finance law, as added by chapter 992 of the laws of 1983, is
48 amended to read as follows:
49 Report annually to the legislature on or before [May] June first on
50 the contracts issued by state agencies during the previous fiscal year
51 for consulting services. The report shall include the following informa-
52 tion for each agency:
53 § 16. The opening paragraph of paragraph j of subdivision 1 of section
54 54 of the state finance law, as added by chapter 430 of the laws of
55 1997, is amended to read as follows:
S. 3 14
1 The comptroller and the commissioner of taxation and finance shall
2 jointly prepare and furnish to the state board of real property services
3 by [June] July fifteenth of each year, a certified report setting forth
4 total state tax collections during the prior state fiscal year.
5 § 17. The opening paragraph of subdivision 5 of section 55 of the
6 state finance law, as added by chapter 59 of the laws of 1982, is
7 amended to read as follows:
8 The comptroller shall annually submit a report to the director of the
9 budget, the [chairman] chairs of the senate finance committee and the
10 [chairman of the] assembly ways and means committee. Such report shall
11 be submitted no later than the last business day of [June] July and
12 shall provide a comprehensive analysis of any flexible notes and/or
13 short-term series notes issued or outstanding in the previous fiscal
14 year. Such report shall include, but not be limited to:
15 § 18. Subparagraph (ii) of paragraph 4 of subdivision (a) of section
16 83 of the state finance law, as amended by chapter 512 of the laws of
17 1994, is amended to read as follows:
18 (ii) The state comptroller shall provide an annual report of the trust
19 account which lists the amount of the principal, the earned income, the
20 earned income accrued to the principal, and the earned income trans-
21 ferred to the conservation fund pursuant to subparagraph (iii) of this
22 paragraph not later than [April] May tenth of each year for the state
23 fiscal year ending the immediately preceding [March thirty-first] April
24 thirtieth. A copy of such report shall be transmitted, forthwith, to the
25 director of the division of the budget, the [chairman] chair of the
26 senate finance committee, the [chairman] chair of the assembly ways and
27 means committee, the commissioner of the department of environmental
28 conservation and each of the eleven members of the conservation fund
29 advisory [council] board, created pursuant to section [seven hundred of
30 the executive law] 11-0327 of the environmental conservation law.
31 § 19. Subdivision 6 of section 85 of the state finance law, as added
32 by chapter 63 of the laws of 1988, is amended to read as follows:
33 6. Commencing [April] May first, [nineteen hundred ninety] two thou-
34 sand six and at the beginning of each fiscal year thereafter, if the
35 state comptroller finds that the total amount to the credit of the fund
36 as of the first day of the previous month is in excess of the sum of one
37 million dollars, he shall advise the [chairman] chair of the senate
38 finance committee, the [chairman] chair of the assembly ways and means
39 committee and the director of the budget of such findings, and shall
40 within thirty days thereafter transfer to the general fund of the state
41 a sum equal to the amount of such excess.
42 § 20. Subdivision 4 of section 92-a of the state finance law, as added
43 by chapter 53 of the laws of 1985, is amended to read as follows:
44 4. In the budget bills accompanying the budget for each state fiscal
45 year beginning on or after April first, nineteen hundred eighty-six but
46 prior to [April] May first, two thousand seven, the governor shall
47 recommend an appropriation to be made to the account established by this
48 section during the ensuing fiscal year from any moneys in the general
49 fund to the credit of the local assistance account. The amount of such
50 recommended appropriation shall be an amount that the governor deter-
51 mines to be appropriate based on the economic condition of the state at
52 such time, [his] the prognosis as to the condition of the state economy
53 during the ensuing fiscal year, [his] estimates of all the state expend-
54 itures that are necessary to be made for other purposes during the ensu-
55 ing fiscal year, and [his] projections of all the revenues and moneys
56 that are likely to be available therefor. No moneys shall be paid into
S. 3 15
1 such fund until a certificate of approval by the director of the budget
2 has been filed with the [chairmen] chairs of the senate finance commit-
3 tee and the assembly ways and means committee.
4 § 21. Subdivision 4 of section 94 of the state finance law, as amended
5 by chapter 190 of the laws of 1990, is amended to read as follows:
6 4. On or before [April] May twentieth in each year[, commencing with
7 April twentieth, nineteen hundred ninety-one], the chief administrator
8 shall determine and certify to the comptroller the difference between:
9 (a) the aggregate receipts derived by the state from the fees specified
10 in paragraph (e) of subdivision two of section thirty-nine of the judi-
11 ciary law during the fiscal year ending the preceding [March thirty-
12 first] April thirtieth plus all interest paid to the commissioner of
13 taxation and finance during such fiscal year pursuant to section one
14 hundred eighty-two of this chapter, and (b) the aggregate receipts
15 derived by the state from the fees specified in paragraph (e) of subdi-
16 vision two of section thirty-nine of the judiciary law during the state
17 fiscal year commencing April first, nineteen hundred eighty-six. One-
18 half of the amount of such difference shall thereupon be transferred by
19 the comptroller from the general fund to the court facilities incentive
20 aid fund.
21 § 22. Subdivision 4 of section 99-d of the state finance law, as added
22 by chapter 474 of the laws of 1996, is amended to read as follows:
23 4. Notwithstanding section forty of this chapter or any other
24 provision of law, appropriations of this fund shall be available for
25 liabilities incurred during and after the close of the fiscal year for
26 which such appropriations are enacted, provided however that such appro-
27 priations shall lapse on the fifteenth day of [September] October
28 following the close of the fiscal year, and no monies shall thereafter
29 be paid out of the state treasury or any of its funds or the funds under
30 its management pursuant to such appropriations.
31 § 23. Subdivision 2 of section 99-e of the state finance law, as added
32 by chapter 309 of the laws of 1996, is amended to read as follows:
33 2. Such account shall consist (a) of any and all unexpended and unen-
34 cumbered moneys received by the state university of New York from
35 tuition, fees, user charges, or other sources and deposited into the
36 income offset account, and (b) any other undisbursed balance of the
37 general fund appropriation as of the last day of the state university
38 fiscal year as reduced pursuant to subparagraph six of paragraph c of
39 subdivision four of section three hundred fifty-five of the education
40 law to reflect any aggregate amount established by the director of the
41 budget less than the amount appropriated. Such moneys shall be trans-
42 ferred by the state comptroller into the stabilization account on or
43 before [September] October fifteenth within thirty days of such date. In
44 addition, all or a portion of the account balances in other state
45 university income accounts, except the dormitory income reimbursable
46 account, shall be transferred by the state comptroller, at the request
47 of the state university, to the stabilization account.
48 § 24. Subdivision a of section 1615 of the tax law, as amended by
49 chapter 170 of the laws of 1994, is amended to read as follows:
50 a. All books, accounts and records of the division, relating to the
51 state lottery, shall be kept by fiscal years beginning on the first day
52 of [April] May and ending on the [thirty-first] thirtieth day of [March]
53 April next following. The division shall separately identify the actual
54 sales receipts, prizes, appropriations and expenditures for advertising
55 and promotions, reserves and the interest thereon by type by game, and
56 the source and use of unclaimed prize funds by type by game on an
S. 3 16
1 accrual and cash basis where both are available and on an accrual or
2 cash basis where both are not available.
3 § 25. Section 17.03 of the parks, recreation and historic preservation
4 law is amended to read as follows:
5 § 17.03 Allocation of monies. The monies received by the state from
6 the sale of bonds sold pursuant to the outdoor recreation development
7 bond act shall be expended pursuant to appropriations for (1) marine,
8 (2) park, (3) historic site and (4) forest recreation projects, and for
9 (5) municipal park projects in New York city and (6) municipal park
10 projects outside New York City. The director of the budget shall certify
11 to the state comptroller on the first day of [April] May of each year
12 that portion of the outdoor recreation development bond act authori-
13 zation estimated to be expended in the ensuing fiscal year for each of
14 the above purposes in fulfillment of capital construction development
15 appropriations, and proceeds of the sale of outdoor recreation develop-
16 ment bonds shall be so allocated. Such certification may be amended from
17 time to time by the director of the budget. The director of the budget
18 shall file a copy of such certificate and each amendment thereof with
19 the [chairman] chair of the senate finance committee, and the [chairman]
20 chair of the assembly ways and means committee.
21 § 26. Subdivision 1 of section 27.15 of the parks, recreation and
22 historic preservation law, as amended by chapter 400 of the laws of
23 1973, is amended to read as follows:
24 1. Every county, city, town or village enforcing the provisions of
25 this chapter relating to snowmobiles shall be entitled to receive state
26 aid as hereinafter provided. A county, city, town or village seeking
27 reimbursement for expenditures incurred in enforcement of this article,
28 including expenditures incurred for signs and markers therefor, shall
29 submit to the commissioner by January first of each year an estimate of
30 such expenditures for the current fiscal year, in such form and contain-
31 ing such information as the commissioner may require. Within one month
32 after the close of the fiscal year, each such county, city, town or
33 village shall submit to the commissioner a statement of authorized
34 expenditures actually incurred, in such form and containing such infor-
35 mation as he may require. For the purpose of this section, "fiscal year"
36 shall mean the period from [April] May first through [March thirty-
37 first] April thirtieth.
38 § 27. Subdivision 3 of section 27.17 of the parks, recreation and
39 historic preservation law, as amended by section 2 of part G of chapter
40 82 of the laws of 2002, is amended to read as follows:
41 3. Every county or, where applicable, any city, town or village within
42 such county, shall be eligible for a grant for the development and main-
43 tenance of a system of snowmobile trails and a program with relation
44 thereto within its boundaries. Such grants shall be made by the commis-
45 sioner and may constitute up to one hundred percent of the cost of such
46 program including expenditures incurred for signs and markers of snowmo-
47 bile trails. Any county or, where applicable, any city, town or village
48 within such county, applying for such grant shall submit to the commis-
49 sioner by September first of each year an estimate of such expenditures
50 for the current fiscal year, in such form and containing such informa-
51 tion as the commissioner may require. No city, town or village may
52 apply for such grant where the county within which it is contained has
53 submitted an application for the same fiscal year. For the purpose of
54 this section, "fiscal year" shall mean the period from [April] May first
55 through [March thirty-first] April thirtieth. The commissioner shall
56 review all such applications and shall determine the amount of state aid
S. 3 17
1 to be allocated to each county or, where applicable, any city, town or
2 village within such county in accordance with the provisions of subdivi-
3 sion five of this section. Of the amount the commissioner determines
4 each county or, where applicable, any city, town or village within such
5 county is eligible to receive, seventy percent shall be made available
6 for distribution by November first and thirty percent for distribution
7 upon demonstration of completion, submitted by June first, of the
8 program.
9 § 28. Subdivision 3 of section 551 of the labor law, as added by chap-
10 ter 705 of the laws of 1944, is amended to read as follows:
11 3. Payment of administrative expenses. The total amount of expenses
12 incurred by the commissioner in connection with the administration of
13 this article and such proportion of the total expenses of maintaining
14 the public employment offices as established under this chapter and for
15 the purposes of this article, as shall be determined to be necessary and
16 required by the provisions of this article and so certified by the
17 commissioner, shall, upon audit by the comptroller, be disbursed from
18 the unemployment administration fund. Annually, as soon as practicable
19 after [April] May first, the commissioner and the comptroller shall
20 ascertain the total amount of such expenses incurred during the preced-
21 ing fiscal year. An itemized statement of the total expenses so ascer-
22 tained shall be open to public inspection in the office of the commis-
23 sioner after notice in an official publication of the department. All
24 disbursements from such fund shall be made by the commissioner of taxa-
25 tion and finance on the warrant of the comptroller.
26 § 29. Subdivision d of section 16-a of the retirement and social secu-
27 rity law, as added by chapter 33 of the laws of 1986, is amended to read
28 as follows:
29 d. On or before October fifteenth of nineteen hundred eighty-six and
30 each succeeding year during the amortization period, the comptroller
31 shall file with the director of the budget an estimate of the amount of
32 the annual payment required to be made pursuant to this section in the
33 state fiscal year beginning the first day of [April] May next succeeding
34 such October fifteenth.
35 § 30. Subdivision a of section 316 of the retirement and social secu-
36 rity law, as amended by chapter 33 of the laws of 1986, is amended to
37 read as follows:
38 a. Upon the basis of each annual actuarial valuation and appraisal
39 provided for in this article, the comptroller, on or before the
40 fifteenth day of October of each year, shall prepare and file with the
41 director of the budget an itemized estimate of the amounts necessary to
42 be appropriated by the state to the pension accumulation fund and the
43 New York state public employees group life insurance plan, as appropri-
44 ate. Such itemized estimate may be revised on or before December thirti-
45 eth of each such year. Such amounts shall be sufficient to provide for
46 payment in full for (i) the succeeding fiscal year of all estimated
47 obligations of the state to the [policemen's and firemen's] New York
48 state and local police and fire retirement system; and (ii) any actual
49 obligations of the state to such retirement system, remaining unpaid,
50 plus interest on such amount, for the fiscal year ending on the [March
51 thirty-first] April thirtieth preceding such date; provided, however,
52 that such estimate of actual obligations shall be made commencing with
53 the filings due on October fifteenth, [nineteen hundred eighty-seven]
54 two thousand six and thereafter. If, as a result of the estimate
55 required to be made pursuant to clause (i) of the preceding sentence,
56 the state overpaid its actual obligation to the retirement system in any
S. 3 18
1 year, the amount estimated in the filing required by this subdivision
2 next succeeding such overpayment shall reflect the amount of such over-
3 payment, plus interest on such amount, as a reduction in amounts that
4 would otherwise be estimated to be due the retirement system from the
5 state. An item of appropriation which shall be sufficient to provide for
6 such obligations shall be included in the next annual appropriation bill
7 when it is presented to the legislature for passage. The amounts so
8 appropriated or so much thereof as may be required shall be paid from
9 the state treasury on warrant of the comptroller into the pension accu-
10 mulation fund and the New York state public employees group life insur-
11 ance plan, as appropriate, on March first of each state fiscal year. For
12 the purposes of this section, interest shall mean the rate or rates of
13 interest used in the actuarial valuations covering the period of time
14 over which such interest is computed.
15 § 31. Subdivision d of section 316-a of the retirement and social
16 security law, as added by chapter 33 of the laws of 1986, is amended to
17 read as follows:
18 d. On or before October fifteenth of [nineteen hundred eighty-six] two
19 thousand six and each succeeding year during the amortization period,
20 the comptroller shall file with the director of the budget an estimate
21 of the amount of the annual payment required to be made pursuant to this
22 section in the state fiscal year beginning the first day of [April] May
23 next succeeding such October fifteenth.
24 § 32. This act shall take effect immediately, provided that the amend-
25 ments to subdivision 4 of section 3 of the state finance law made by
26 section fourteen of this act, and sections fifteen through thirty-one of
27 this act, shall take effect May 1, 2006, or May 1, 2005, depending upon
28 whether a joint certification has been made by the comptroller, the
29 director of the division of the budget and the commissioner of taxation
30 and finance that the fiscal year may commence on May 1, 2005 or May 1,
31 2006, pursuant to the amendments to subdivision 1 of section 3 of the
32 state finance law made by section fourteen of this act; provided,
33 further, that sections one and two of this act shall expire and be
34 deemed repealed upon the earlier of either (1) two years from the effec-
35 tive date of this act or (2) the date a constitutional amendment author-
36 izing a contingency budget takes effect; and the comptroller shall noti-
37 fy the legislative bill drafting commission upon the occurrence of such
38 legislation in order that the commission may maintain an accurate and
39 timely effective data base of the official text of the laws of the state
40 of New York in furtherance of effecting the provisions of section 44 of
41 the legislative law and section 70-b of the public officers law.
