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
 
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.
STATE OF NEW YORK
________________________________________________________________________
S. 7615 A. 11702
SENATE - ASSEMBLY
June 19, 2004
___________
IN SENATE -- Introduced by COMMITTEE ON RULES -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules
IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- read once and
referred to the Committee on Ways and Means
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
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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD18492-01-4
S. 7615 2 A. 11702
1 § 24-a. Contingency budget. 1. A contingency budget shall take effect
2 on the first day of the fiscal year in the event the legislature has not
3 finally acted upon all the appropriation bills submitted by the governor
4 for such fiscal year and shall be sufficient for the ongoing operation
5 and support of state government and local assistance. Such contingency
6 budget shall take effect without further action by the legislature or
7 the governor, and shall remain in effect until both houses of the legis-
8 lature pass a single multiple appropriation bill which alters such
9 contingency budget. Passage by both houses of the legislature of such
10 multiple appropriation bill shall constitute the conclusion of the
11 contingency period.
12 2. The contingency budget shall authorize the renewal of the appropri-
13 ations and reappropriations enacted for the immediately preceding fiscal
14 year. Such appropriations and reappropriations, in addition to any
15 related statutory spending and revenue provisions in effect during such
16 year, shall remain in effect for the same period as the contingency
17 budget remains 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; and
34 (b) The contingency budget shall not authorize disbursements for the
35 contingency period for any:
36 (i) spending related to prior year appropriations or reappropriations
37 for items which were one-time or non-recurring in nature; or
38 (ii) new contracts that are not for the continuation of ongoing
39 services or capital projects; or
40 (iii) trend factors, cost of living adjustments or other rate adjust-
41 ments that would otherwise automatically become effective, except those
42 required by federal law.
43 (c) No law changing the exceptions contained in paragraph (a) or (b)
44 of this subdivision may become effective until three years from the date
45 of its enactment.
46 4. If, after a contingency budget becomes effective, the independent
47 budget office projects that annual receipts are insufficient to meet
48 annual disbursements under the contingency budget, uniform reductions
49 shall be applied to all disbursements other than those included in para-
50 graph (a) of subdivision three of this section in order to achieve a
51 balanced plan of receipts and disbursements. Such reductions shall be
52 applied not later than the thirtieth day that the contingency budget is
53 in effect, except where federal or other notification is required to
54 effectuate a reduction, in which case such notification shall be made no
55 later than the thirtieth day after the contingency budget is in effect
56 and the related reduction shall take effect as soon thereafter as
S. 7615 3 A. 11702
1 allowed. No reduction implemented under this subdivision shall alter any
2 eligibility provision for any program.
3 § 2. Subdivisions 1, 2 and 3 of section 40 of the state finance law,
4 as amended by chapter 169 of the laws of 1994, are amended to read as
5 follows:
6 1. The budget and the budget bills submitted by the governor shall
7 include all appropriations which in the opinion of the governor will be
8 required during the full succeeding fiscal year. In the case of appro-
9 priations for the general support of public schools and the state
10 lottery fund, the budget and the budget bills submitted by the governor
11 shall include all appropriations for the general support of public
12 schools and the state lottery fund which in the opinion of the governor
13 will be required during the next full fiscal year following the succeed-
14 ing fiscal year, and any additional appropriations for the general
15 support of public schools which in the opinion of the governor will be
16 required during the full succeeding fiscal year above, at or below the
17 amounts appropriated for such purposes in the current fiscal year. Such
18 appropriations shall be proposed as separate appropriations applying
19 individually to the succeeding fiscal year and the next succeeding
20 fiscal year.
21 2. (a) No appropriation made at a regular session of the legislature
22 shall, unless the contrary is expressly provided in the act by which
23 such appropriation is made, be available prior to the commencement of
24 the fiscal year for which the budget is adopted at such session, and
25 every appropriation made at such session, except as provided in para-
26 graphs (b), (d), and (e) of this subdivision, shall cease to have force
27 and effect, except as to liabilities already incurred thereunder, at the
28 close of [such] the fiscal year in which such appropriation shall first
29 become available.
30 (b) Every deficiency appropriation made at a regular session of the
31 legislature which by the express terms of the act by which such appro-
32 priation is made shall be available prior to the commencement of the
33 fiscal year for which the budget is adopted at such session shall cease
34 to have force and effect, except as to liabilities already incurred
35 thereunder, at the close of the fiscal year in which such appropriation
36 shall become available.
37 (c) Every appropriation made at an extraordinary session of the legis-
38 lature shall, unless the contrary is expressly provided in the act by
39 which such appropriation is made, be available immediately upon the
40 taking effect of such act and shall cease to have force and effect,
41 except as to liabilities already incurred thereunder, at the close of
42 the fiscal year in which such appropriation shall become available.
43 (d) Every appropriation enacted in the fund type special revenue
44 funds-federal for a grant period which extends beyond [March thirty-
45 first] April thirtieth of the fiscal year in which the appropriations
46 are enacted shall be available for liabilities incurred during such
47 grant period after such [March thirty-first] April thirtieth date.
48 (e) All state operations appropriations made to the city university of
49 New York and the state university of New York shall cease to have force
50 and effect, except as to liabilities already incurred thereunder, as of
51 the thirtieth day of June immediately following the state fiscal year
52 for which they are enacted.
53 3. Every appropriation for whatever purpose which at the close of the
54 fiscal year in which such appropriation shall first become available,
55 shall cease to have force and effect except as to liabilities already
56 incurred thereunder shall as to such liabilities continue in force and
S. 7615 4 A. 11702
1 effect until the dates specified in paragraphs (a), (b), (c) and (d) of
2 this subdivision, on which dates such appropriation shall lapse and no
3 money shall thereafter be paid out of the state treasury or any of its
4 funds or any of the funds under its management pursuant to such appro-
5 priation.
6 (a) Except for appropriations made to the city university of New York
7 and the state university of New York, all state operations appropri-
8 ations including special revenue funds-federal appropriations continued
9 pursuant to paragraph (d) of subdivision two of this section shall lapse
10 on the [thirtieth] thirty-first day of [June] July immediately following
11 the close of the fiscal year. The appropriations made to the city
12 university of New York or the state university of New York shall lapse
13 on the thirtieth day of September immediately following the close of the
14 fiscal year.
15 (b) All aid to localities appropriations including special revenue
16 funds-federal appropriations continued pursuant to paragraph (d) of
17 subdivision two of this section shall lapse on the fifteenth day of
18 [September] October immediately following the close of the fiscal year.
19 (c) All capital projects appropriations shall lapse on the fifteenth
20 day of [September] October immediately following the close of the fiscal
21 year.
22 (d) All other appropriations shall lapse on the fifteenth day of
23 [September] October immediately following the close of the fiscal year.
24 § 3. Paragraph d-2 of subdivision 3 of section 22 of the state finance
25 law, as amended by chapter 260 of the laws of 1993, is amended to read
26 as follows:
27 d-2. Within ten days following the submission of the financial plans
28 presented in accordance with subdivisions one and two of this section,
29 the director of the budget shall submit to the comptroller and the
30 chairs of the senate finance committee and the assembly ways and means
31 committee:
32 (i) a detailed schedule by fund of the receipts and disbursements
33 comprising such summary financial plan, and
34 (ii) a schedule for each governmental fund type other than the general
35 fund showing the differences between projected operating results on a
36 cash basis and those on the basis of generally accepted accounting prin-
37 ciples, and
38 (iii) a detailed schedule by fund of revenues and expenditures within
39 the general fund, and
40 (iv) a detailed schedule by fund of receipts for the prior, current
41 and next ensuing fiscal years shown by each major revenue category,
42 including each individual tax, each individual component part of miscel-
43 laneous receipts, and each revenue source which accounts for at least
44 one-half of one percent of all receipts within each fund type, and
45 (v) an itemized list of transfers to and from each fund.
46 § 4. Paragraph e of subdivision 3 of section 22 of the state finance
47 law, as amended by chapter 762 of the laws of 1992, is amended to read
48 as follows:
49 e. The anticipated general fund quarterly schedule and fiscal year
50 total for the prior, current and next ensuing fiscal [year] years of:
51 disbursements; receipts; repayments of advances; total tax refunds; and
52 refunds for the tax imposed under article twenty-two of the tax law.
53 Such information shall be presented in the same form as the summary
54 financial plans presented in accordance with subdivisions one and two of
55 this section. A separate, detailed, report of such schedule shall be
56 provided with receipts shown by each major revenue category, including
S. 7615 5 A. 11702
1 each individual tax, each individual component part of miscellaneous
2 receipts, and each revenue source which accounts for at least one-half
3 of one per centum of all receipts within each fund type and with
4 disbursements shown by major agency or major spending item.
5 The director of the division of the budget shall submit concurrent
6 with the submission of the financial plan to the legislature pursuant to
7 subdivision two of this section and with each update thereafter a sched-
8 ule of actual and planned disbursements by month and by fund type stat-
9 ing separately and distinctly variances between actual and projected
10 disbursements for the most recent practicable month and previous twelve
11 months. Such report shall document actual and projected state disburse-
12 ments inclusive of, and distinctly stated by categories of local assist-
13 ance grants including general purpose, education, social services, medi-
14 caid, health and environment, mental hygiene, transportation, criminal
15 justice and miscellaneous; by departmental operations including personal
16 services and non-personal services; by general state charges; and by
17 debt service payments. Such reports shall utilize a format that shall
18 facilitate comparison and analysis with those reports submitted to the
19 legislature by the office of audit and control pursuant to subdivision
20 nine of section eight of this chapter.
21 § 5. Paragraph e-2 of subdivision 3 of section 22 of the state finance
22 law, as added by chapter 762 of the laws of 1992, is amended to read as
23 follows:
24 e-2. A [measure of the] description of employment [level] levels for
25 each state department, division or office, for [both] the prior, current
26 and next ensuing fiscal [year, provided however that for the fiscal year
27 beginning April first, nineteen hundred ninety-three--ninety-four, such
28 measure shall be presented only for the general fund] years containing
29 separate schedules for the following fund types: general fund; federal
30 special revenue funds; other special revenue funds; capital projects
31 funds; and an all funds summary. Such information shall be presented in
32 summary form suitable for comparison and shall contain the following
33 measures including actual experience where possible:
34 (i) budgeted-fill level or measure of employment used to determine
35 personal service appropriations;
36 (ii) full-time equivalents;
37 (iii) civil service jurisdiction classification (competitive, non-com-
38 petitive, exempt, labor);
39 (iv) employee status (permanent, temporary, provisional); and
40 (v) changes to the work force proposed in the executive budget
41 proposal, including but not limited to: new positions, layoffs, attri-
42 tion, elimination of funded vacancies, and transfers to other funding
43 sources.
44 § 6. Subdivision 4 of section 22 of the state finance law, as amended
45 by chapter 762 of the laws of 1992, is amended to read as follows:
46 4. (a) Include a three year financial projection[, which shall be
47 submitted not later than thirty days after submission of the financial
48 plans pursuant to subdivision one of this section,] showing the antic-
49 ipated disbursements and receipts for each of the governmental fund
50 types of the state [and, for the general fund the anticipated expendi-
51 tures and revenues for the ensuing fiscal year and for the two years
52 following the ensuing fiscal year]. For the purposes of this three year
53 financial projection, disbursements [and expenditures] shall be
54 presented by the following purposes: state purposes, local assistance,
55 capital projects, debt service, transfers and general state charges with
56 each major agency or major spending item identified separately within
S. 7615 6 A. 11702
1 each purpose; and receipts [and revenues] shall be presented[,] by each
2 major revenue category, including each individual tax, each individual
3 component part of miscellaneous receipts, and each revenue source which
4 accounts for at least one-half of one per centum of all receipts within
5 each fund type and with disbursements shown by major agency or major
6 spending item for the ensuing and each of the next [successive] two
7 fiscal [year by each revenue source which accounts for not less than one
8 per centum of all receipts or revenues of the general fund] years, and
9 otherwise by each major source which is separately estimated and
10 presented pursuant to paragraph b of subdivision three of this section
11 [and, for the remaining fiscal year by each revenue source which
12 accounts for at least ten per centum of all the receipts or revenues and
13 otherwise by categories of revenue sources. Provided however, that for
14 the fiscal year beginning in nineteen hundred ninety-three, for the
15 governmental funds other than the general fund, receipts shall be
16 presented by each revenue source which accounts for at least ten per
17 centum of all the receipts and otherwise by categories of revenue
18 source]. Receipts and disbursements for special revenue funds shall be
19 presented separately for federal funds and all other special revenue
20 funds. Whenever receipts and disbursements are proposed to be moved to a
21 different fund type, each significant amount so moved shall be
22 explained. This three year financial projection shall include an expla-
23 nation of any changes to the financial plans submitted in accordance
24 with subdivision one of this section and include explanations of the
25 economic, statutory and other assumptions used to estimate the disburse-
26 ments[, expenditures,] and receipts [and revenues] which are presented.
27 Whenever the projections for receipts and disbursements are based on
28 assumptions other than the current levels of service, such assumptions
29 shall be separately identified and explained. The three year financial
30 projections shall include a description of any projected deficits or
31 surpluses with a discussion of the causes and effects of such deficits
32 or surpluses as well as a description of available options to reduce any
33 projected deficits or utilize any projected surpluses.
34 (b) Include a three year financial projection prepared on the basis of
35 generally accepted accounting principles similar in format to that
36 required by paragraph (a) of this subdivision. Such projection shall be
37 updated each year no later than September thirtieth.
38 § 7. Subdivision 11 of section 22 of the state finance law, as amended
39 by chapter 762 of the laws of 1992 and as renumbered by section 2 of
40 part F of chapter 389 of the laws of 1997, is amended to read as
41 follows:
42 11. (a) Within ten days following the submission of the financial
43 plans presented in accordance with subdivisions one and two of this
44 section, the director of the budget shall submit to the chairs of the
45 senate finance committee and the assembly ways and means committee for
46 the prior, the current and next ensuing fiscal years detailed schedules
47 by agency [for the general fund] or major program and bill and fund type
48 with general state charges identified separately showing proposed appro-
49 priations [in the state operations and aid to localities budget bills]
50 with disbursements to be made against such appropriations, as well as
51 disbursements to be made against any existing appropriations in a form
52 suitable for comparison.
53 (b) The following detail on appropriations and disbursements for debt
54 service as required by paragraph (a) of this subdivision shall also be
55 provided:
S. 7615 7 A. 11702
1 (1) For all bonds, notes or other obligations issued on or after the
2 effective date of the chapter of the laws of two thousand four which
3 amended this subdivision:
4 (i) a schedule of each of the issuance's gross principal, interest,
5 and other payments, by payment date;
6 (ii) a schedule of any funds used or expected to be used to offset
7 such payments as detailed in clause (i) of this subparagraph, by payment
8 date, which shall include, but not be limited to, each of the following:
9 A. accrued interest;
10 B. capitalized interest;
11 C. principal or interest earnings for monies held as bond proceeds,
12 debt service, debt service reserve or any other reserve funds;
13 D. principal, interest or any other monies utilized from any other
14 funds, accounts or other sources;
15 (iii) a schedule of each of the issuance's net principal, interest and
16 other payments, by payment date, which shall be those amounts arrived at
17 by subtracting clause (ii) of this subparagraph from clause (i) of this
18 subparagraph.
19 For purposes of this paragraph, information for payments on refunding
20 bonds may be substituted for information for payments on the bonds which
21 have been refunded.
22 (2) For each projected issuance of bonds, notes or other obligations:
23 (i) projected issuance date;
24 (ii) projected amount to be issued;
25 (iii) the projected final maturity of such bonds, notes or other obli-
26 gations to be sold;
27 (iv) assumptions as to interest rates, structuring, use of credit
28 enhancement, and any other relevant information;
29 (v) a schedule of each of the issuance's projected gross principal,
30 interest and other payments, by payment date;
31 (vi) a schedule of any funds used or expected to be used to offset
32 such payments as detailed in clause (v) of this subparagraph, by payment
33 date, which shall include, but not be limited to, each of the following:
34 A. accrued interest;
35 B. capitalized interest;
36 C. principal or interest earnings for monies held as bond proceeds,
37 debt service, debt service reserve or any other reserve funds;
38 D. principal, interest or any other monies utilized from any other
39 funds, accounts or other sources.
40 (vii) a schedule of each of the issuance's projected net principal,
41 interest and other payments, by payment date, which shall be those
42 amounts arrived at by subtracting clause (vi) of this subparagraph from
43 clause (v) of this subparagraph.
44 (viii) if such issuance consists of refunding bonds, notes, or other
45 obligations, a schedule of both gross and net projected principal,
46 interest, and other payment savings, by payment date.
47 (3) For each bonding program, a projected schedule of both the gross
48 and net principal, interest and other payments to be made during the
49 next succeeding three state fiscal years.
50 § 8. Subdivisions 3 and 4 of section 23 of the state finance law,
51 subdivision 3 as amended by chapter 837 of the laws of 1983 and subdivi-
52 sion 4 as amended by chapter 59 of the laws of 2000, are amended to read
53 as follows:
54 3. Financial plans and capital improvement program; revisions. [As
55 soon as practicable] Not later than thirty days after the legislature
56 has completed action on the budget bills submitted by the governor [for
S. 7615 8 A. 11702
1 state purposes, local assistance, capital projects and debt service, the
2 governor] who shall cause to be submitted to the legislature the
3 revisions to the financial plans and the capital plan required by subdi-
4 visions one, two, four and five of section twenty-two of this [chapter]
5 article as are necessary to account for all enactments affecting the
6 financial plans and the capital plan. [Such] The financial plan shall
7 also contain a cash flow analysis of projected receipts and disburse-
8 ments and other financing sources or uses for each month of the state's
9 fiscal year. Notwithstanding any other law to the contrary, such revised
10 plans and accompanying cash flow analysis shall be submitted to the
11 legislature and the comptroller in [the same] such form as the [plans
12 required by such subdivisions] comptroller shall prescribe.
13 4. Financial plan updates. Quarterly, throughout the fiscal year, the
14 governor shall submit to the comptroller, the [chair] chairs of the
15 senate finance [committee] and [the chair of] the assembly ways and
16 means [committee for the use of the committees and the information of
17 the legislature] committees, within thirty days of the close of the
18 quarter to which it shall pertain, a report which summarizes the actual
19 experience to date and projections for the remaining quarters of the
20 current fiscal year and for each of the next two fiscal years of
21 receipts, disbursements, tax refunds, and repayments of advances
22 presented in forms suitable for comparison with the financial plan
23 submitted pursuant to [subdivision] subdivisions one, four, five, eleven
24 and thirteen and paragraphs d-2, e and e-2 of subdivision three of
25 section twenty-two of this article and revised in accordance with the
26 provisions of subdivision three of this section. The governor shall
27 submit with the budget and on September first of each year a similar
28 report that summarizes revenue and expenditure experience to date as
29 well as projections for the remaining quarters of the current fiscal
30 year and each of the next two fiscal years in a form suitable for
31 comparison with the financial plan submitted pursuant to subdivision two
32 of section twenty-two of this article and revised in accordance with the
33 provisions of subdivision three of this section. Each such quarterly
34 report shall also contain a cash flow analysis of projected receipts and
35 disbursements and other financing sources or uses, in a format
36 prescribed by the comptroller, for each month remaining in the fiscal
37 year. Such reports shall provide an explanation of the causes of any
38 major deviations from the revised financial plans and, shall provide for
39 the amendment of the plan or plans to reflect those deviations. The
40 governor may, if he determines it advisable, provide more frequent
41 reports to the legislature regarding actual experience as compared to
42 the financial plans. The quarterly financial plan update most proximate
43 to October thirty-first of each year shall include the calculation of
44 the limitations on the issuance of state-supported debt computed pursu-
45 ant to the provisions of subdivisions one and two of section sixty-sev-
46 en-b of this chapter.
47 § 9. Subdivision 5 of section 23 of the state finance law, as added by
48 chapter 762 of the laws of 1992, is amended to read as follows:
49 5. Financial information review. Annually on or before November
50 fifteenth, the governor, temporary president of the senate and the
51 speaker of the assembly shall cause their respective appropriate person-
52 nel to meet for the purpose of jointly reviewing available financial
53 information [and developing a process] to facilitate timely adoption of
54 a budget for the next fiscal year. Such [process] review shall include
55 meetings to discuss the economic outlook, revenue forecasts, projected
56 spending, the impact of relevant state and federal statutory provisions,
S. 7615 9 A. 11702
1 and any other matters deemed appropriate. Not later than December
2 [fifteenth] fifth, such respective appropriate personnel shall [report
3 to their principals on the steps necessary to accomplish the adoption of
4 a timely budget] separately prepare and make available reports on esti-
5 mated state receipts and state disbursements for the current and ensuing
6 fiscal years. Each report on estimated state receipts shall include, but
7 shall not be limited to, estimated tax receipts on an all-funds basis,
8 estimated lottery receipts, estimated miscellaneous receipts to be
9 received in the general fund, and the underlying factors and data upon
10 which such estimated receipts are based. Each report on estimated state
11 disbursements shall include, but shall not be limited to, estimates of
12 state disbursements for Medicaid and the underlying factors and data on
13 which such estimates are based, estimates of state disbursements for
14 public assistance and the underlying caseload and other factors and data
15 on which such estimates are based, and estimates of state disbursements
16 for assistance for elementary and secondary education and the underlying
17 factors and data on which such estimates are based.
18 The governor, temporary president of the senate and the speaker of the
19 assembly shall cause their respective appropriate personnel to meet
20 annually on or after December fifth to review the separate reports on
21 estimated state receipts and state disbursements. The respective appro-
22 priate personnel shall identify and evaluate the differences between the
23 estimates of state receipts and state disbursements, and the differences
24 between the underlying factors and data on which such estimates are
25 based, and separately report such differences and the evaluation thereof
26 to their principals.
27 § 10. The state finance law is amended by adding a new section 92-cc
28 to read as follows:
29 § 92-cc. Health care reform act (HCRA) fund. 1. There is hereby
30 established in the joint custody of the comptroller and the department
31 of taxation and finance a special fund to be known as the health care
32 reform act fund.
33 2. On and after April first, two thousand six, such fund shall consist
34 of the revenues collected or required to be deposited pursuant to para-
35 graph (a) of subdivision eighteen of section twenty-eight hundred
36 seven-c, and sections twenty-eight hundred seven-j, twenty-eight hundred
37 seven-s and twenty-eight hundred seven-t of the public health law,
38 section four hundred eighty-two of the tax law, subparagraph (o) of
39 paragraph four of subsection (j) of section four thousand three hundred
40 one of the insurance law, section twenty-seven of chapter one of the
41 laws of two thousand two and all other moneys credited or transferred
42 thereto from any other fund or source pursuant to law.
43 3. Moneys in the health care reform act fund shall be kept separate
44 from and shall not be commingled with any other moneys in the joint or
45 sole custody of the comptroller and the department of taxation and
46 finance.
47 4. With submission of the budget for the fiscal year beginning April
48 first, two thousand six, the governor shall be required to provide sepa-
49 rate appropriations from the fund for each item included in sections
50 twenty-eight hundred seven-k, twenty-eight hundred seven-l, twenty-eight
51 hundred seven-m, twenty-eight hundred seven-s and twenty-eight hundred
52 seven-v of the public health law, as necessary to accomplish the
53 purposes of the health care reform act.
54 5. Moneys of the fund, following appropriation by the legislature
55 shall be expended in accordance with sections twenty-eight hundred
56 seven-k, twenty-eight hundred seven-l, twenty-eight hundred seven-m,
S. 7615 10 A. 11702
1 twenty-eight hundred seven-s and twenty-eight hundred seven-v of the
2 public health law, pursuant to a certificate of approval of availability
3 issued by the director of the budget, upon the recommendation of the
4 commissioner of health, or where appropriate, the superintendent of
5 insurance, and the commissioner of mental health and a copy of such
6 certificate filed with the state comptroller, the chairman of the senate
7 finance committee and the chairman of the assembly ways and means
8 committee.
9 6. The moneys, following allocation, shall be paid out of the fund on
10 the audit and warrant of the comptroller on vouchers certified or
11 approved by the commissioner of health, or by an officer or employee of
12 the department of health designated by the commissioner.
13 § 11. Section 8 of the state finance law is amended by adding two new
14 subdivisions 19 and 20 to read as follows:
15 19. Notwithstanding any inconsistent provision of law, maintain
16 detailed records of all activity commonly known as "journal transfers"
17 relating to any fund or account of the state for which he or she has the
18 duty pursuant to law to audit and maintain accountability, including any
19 supporting documentation relating thereto.
20 20. On or before April fifteenth of each year, submit an annual report
21 of such activity pursuant to subdivision nineteen of this section to the
22 temporary president of the senate and to the speaker of the assembly.
23 § 12. Section 2 of the state finance law is amended by adding a new
24 subdivision 20 to read as follows:
25 20. "Journal transfer". Any transfer or other method of movement of
26 federal or state monies by the comptroller including, but not limited
27 to, expenditure journal transfers, revenue journal transfers and statu-
28 tory transfers, between accounts and/or funds not specifically author-
29 ized by the state legislature.
30 § 13. Section 3 of the state finance law, as added by chapter 1 of the
31 laws of 1943 and as separately renumbered by chapters 405 and 957 of the
32 laws of 1981, is amended to read as follows:
33 § 3. Fiscal year. 1. The [current] fiscal year of the state which
34 [commenced] commences with the first day of [July] April, [nineteen
35 hundred forty-two] two thousand six, is hereby [abridged] extended and
36 shall end with the [thirty-first] thirtieth day of [March] April, [nine-
37 teen hundred forty-three] two thousand seven. For [all purposes of
38 determining annual increments of state employees pursuant to the educa-
39 tion law, the civil service law or other state law, and for] all
40 purposes whenever by law some act is to be performed or time is to be
41 measured by the fiscal year of the state, [the current] such fiscal
42 year, as so [abridged] extended, shall be deemed to be [a full] only one
43 year unless the context clearly requires a contrary construction.
44 On and after the first day of [April] May, [nineteen hundred forty-
45 three] two thousand seven, the fiscal year of the state, for the purpose
46 of budget, appropriations, receipts and disbursements of state moneys
47 and all other state affairs which are regulated in accordance with or
48 based on fiscal years, including the fiscal affairs of all state depart-
49 ments, commissions, boards, agencies, offices and institutions, shall
50 begin with the first day of [April] May and end with the next following
51 [thirty-first] thirtieth day of [March] April.
52 2. All books and accounts in the offices of the comptroller and the
53 department of taxation and finance shall be kept by fiscal years. All
54 annual accounts required to be rendered to the comptroller or to such
55 department by any person shall be closed on the [thirty-first] thirtieth
S. 7615 11 A. 11702
1 day of [March] April in each year, and be rendered as soon thereafter as
2 practicable, if no time is specially prescribed by law.
3 3. Where any statute provides, in terms or effect, that any inventory
4 or account, or a report relating in whole or in part to receipts and
5 disbursements of money, be made to the legislature or any state officer
6 annually, or for a year, by a department, commission, board, or officer
7 under the state government, such inventory or account, and such report
8 so far as it relates to such receipts and disbursements, shall be for
9 the preceding fiscal year, unless the calendar year be expressly
10 mentioned.
11 4. Existing provisions of other laws describing or referring to a
12 fiscal year of the state as beginning [July] April first and ending
13 [June thirtieth] March thirty-first, or making any requirement with
14 respect to such fiscal year, or referring to any year so beginning and
15 ending which applies to [inventories or accounts in] state matters, or
16 to [reports relating to] state money or property, shall be deemed modi-
17 fied by and be construed in connection with this section, and be deemed
18 to refer to a fiscal [or to another] year [or period] beginning May
19 first, and ending [as herein prescribed for a fiscal year] April thirti-
20 eth. Nothing contained in this subdivision shall be deemed to alter any
21 statutory requirement with respect to an obligation of the state to
22 disburse moneys on or before a specific date or with respect to an obli-
23 gation of any person to make required payments in the form of taxes,
24 fees or other charges or other obligations to the state on or before a
25 specific date.
26 § 14. The opening paragraph of subdivision 17 of section 8 of the
27 state finance law, as added by chapter 992 of the laws of 1983, is
28 amended to read as follows:
29 Report annually to the legislature on or before [May] June first on
30 the contracts issued by state agencies during the previous fiscal year
31 for consulting services. The report shall include the following informa-
32 tion for each agency:
33 § 15. Intentionally omitted.
34 § 16. The opening paragraph of paragraph j of subdivision 1 of section
35 54 of the state finance law, as added by chapter 430 of the laws of
36 1997, is amended to read as follows:
37 The comptroller and the commissioner of taxation and finance shall
38 jointly prepare and furnish to the state board of real property services
39 by [June] July fifteenth of each year, a certified report setting forth
40 total state tax collections during the prior state fiscal year.
41 § 17. The opening paragraph of subdivision 5 of section 55 of the
42 state finance law, as added by chapter 59 of the laws of 1982, is
43 amended to read as follows:
44 The comptroller shall annually submit a report to the director of the
45 budget, the [chairman] chairs of the senate finance committee and the
46 [chairman of the] assembly ways and means committee. Such report shall
47 be submitted no later than the last business day of [June] July and
48 shall provide a comprehensive analysis of any flexible notes and/or
49 short-term series notes issued or outstanding in the previous fiscal
50 year. Such report shall include, but not be limited to:
51 § 18. Subparagraph (ii) of paragraph 4 of subdivision (a) of section
52 83 of the state finance law, as amended by chapter 512 of the laws of
53 1994, is amended to read as follows:
54 (ii) The state comptroller shall provide an annual report of the trust
55 account which lists the amount of the principal, the earned income, the
56 earned income accrued to the principal, and the earned income trans-
S. 7615 12 A. 11702
1 ferred to the conservation fund pursuant to subparagraph (iii) of this
2 paragraph not later than [April] May tenth of each year for the state
3 fiscal year ending the immediately preceding [March thirty-first] April
4 thirtieth. A copy of such report shall be transmitted, forthwith, to the
5 director of the division of the budget, the [chairman] chair of the
6 senate finance committee, the [chairman] chair of the assembly ways and
7 means committee, the commissioner of the department of environmental
8 conservation and each of the eleven members of the conservation fund
9 advisory [council] board, created pursuant to section [seven hundred of
10 the executive law] 11-0327 of the environmental conservation law.
11 § 19. Subdivision 6 of section 85 of the state finance law, as added
12 by chapter 63 of the laws of 1988, is amended to read as follows:
13 6. Commencing [April] May first, [nineteen hundred ninety] two thou-
14 sand seven and at the beginning of each fiscal year thereafter, if the
15 state comptroller finds that the total amount to the credit of the fund
16 as of the first day of the previous month is in excess of the sum of one
17 million dollars, he shall advise the [chairman] chair of the senate
18 finance committee, the [chairman] chair of the assembly ways and means
19 committee and the director of the budget of such findings, and shall
20 within thirty days thereafter transfer to the general fund of the state
21 a sum equal to the amount of such excess.
22 § 20. Subdivision 4 of section 92-a of the state finance law, as added
23 by chapter 53 of the laws of 1985, is amended to read as follows:
24 4. In the budget bills accompanying the budget for each state fiscal
25 year beginning on or after April first, nineteen hundred eighty-six but
26 prior to [April] May first, two thousand seven, the governor shall
27 recommend an appropriation to be made to the account established by this
28 section during the ensuing fiscal year from any moneys in the general
29 fund to the credit of the local assistance account. The amount of such
30 recommended appropriation shall be an amount that the governor deter-
31 mines to be appropriate based on the economic condition of the state at
32 such time, his prognosis as to the condition of the state economy during
33 the ensuing fiscal year, [his] estimates of all the state expenditures
34 that are necessary to be made for other purposes during the ensuing
35 fiscal year, and [his] projections of all the revenues and moneys that
36 are likely to be available therefor. No moneys shall be paid into such
37 fund until a certificate of approval by the director of the budget has
38 been filed with the [chairmen] chairs of the senate finance committee
39 and the assembly ways and means committee.
40 § 21. Subdivision 4 of section 94 of the state finance law, as amended
41 by chapter 190 of the laws of 1990, is amended to read as follows:
42 4. On or before [April] May twentieth in each year[, commencing with
43 April twentieth, nineteen hundred ninety-one], the chief administrator
44 shall determine and certify to the comptroller the difference between:
45 (a) the aggregate receipts derived by the state from the fees specified
46 in paragraph (e) of subdivision two of section thirty-nine of the judi-
47 ciary law during the fiscal year ending the preceding [March thirty-
48 first] April thirtieth plus all interest paid to the commissioner of
49 taxation and finance during such fiscal year pursuant to section one
50 hundred eighty-two of this chapter, and (b) the aggregate receipts
51 derived by the state from the fees specified in paragraph (e) of subdi-
52 vision two of section thirty-nine of the judiciary law during the state
53 fiscal year commencing April first, nineteen hundred eighty-six. One-
54 half of the amount of such difference shall thereupon be transferred by
55 the comptroller from the general fund to the court facilities incentive
56 aid fund.
S. 7615 13 A. 11702
1 § 22. Subdivision 4 of section 99-d of the state finance law, as added
2 by chapter 474 of the laws of 1996, is amended to read as follows:
3 4. Notwithstanding section forty of this chapter or any other
4 provision of law, appropriations of this fund shall be available for
5 liabilities incurred during and after the close of the fiscal year for
6 which such appropriations are enacted, provided however that such appro-
7 priations shall lapse on the fifteenth day of [September] October
8 following the close of the fiscal year, and no monies shall thereafter
9 be paid out of the state treasury or any of its funds or the funds under
10 its management pursuant to such appropriations.
11 § 23. Subdivision 2 of section 99-e of the state finance law, as added
12 by chapter 309 of the laws of 1996, is amended to read as follows:
13 2. Such account shall consist (a) of any and all unexpended and unen-
14 cumbered moneys received by the state university of New York from
15 tuition, fees, user charges, or other sources and deposited into the
16 income offset account, and (b) any other undisbursed balance of the
17 general fund appropriation as of the last day of the state university
18 fiscal year as reduced pursuant to subparagraph six of paragraph c of
19 subdivision four of section three hundred fifty-five of the education
20 law to reflect any aggregate amount established by the director of the
21 budget less than the amount appropriated. Such moneys shall be trans-
22 ferred by the state comptroller into the stabilization account on or
23 before [September] October fifteenth within thirty days of such date. In
24 addition, all or a portion of the account balances in other state
25 university income accounts, except the dormitory income reimbursable
26 account, shall be transferred by the state comptroller, at the request
27 of the state university, to the stabilization account.
28 § 24. Subdivision a of section 1615 of the tax law, as amended by
29 chapter 170 of the laws of 1994, is amended to read as follows:
30 a. All books, accounts and records of the division, relating to the
31 state lottery, shall be kept by fiscal years beginning on the first day
32 of [April] May and ending on the [thirty-first] thirtieth day of [March]
33 April next following. The division shall separately identify the actual
34 sales receipts, prizes, appropriations and expenditures for advertising
35 and promotions, reserves and the interest thereon by type by game, and
36 the source and use of unclaimed prize funds by type by game on an
37 accrual and cash basis where both are available and on an accrual or
38 cash basis where both are not available.
39 § 25. Section 17.03 of the parks, recreation and historic preservation
40 law is amended to read as follows:
41 § 17.03 Allocation of monies. The monies received by the state from
42 the sale of bonds sold pursuant to the outdoor recreation development
43 bond act shall be expended pursuant to appropriations for (1) marine,
44 (2) park, (3) historic site and (4) forest recreation projects, and for
45 (5) municipal park projects in New York city and (6) municipal park
46 projects outside New York City. The director of the budget shall certify
47 to the state comptroller on the first day of [April] May of each year
48 that portion of the outdoor recreation development bond act authori-
49 zation estimated to be expended in the ensuing fiscal year for each of
50 the above purposes in fulfillment of capital construction development
51 appropriations, and proceeds of the sale of outdoor recreation develop-
52 ment bonds shall be so allocated. Such certification may be amended from
53 time to time by the director of the budget. The director of the budget
54 shall file a copy of such certificate and each amendment thereof with
55 the [chairman] chair of the senate finance committee, and the [chairman]
56 chair of the assembly ways and means committee.
S. 7615 14 A. 11702
1 § 26. Subdivision 1 of section 27.15 of the parks, recreation and
2 historic preservation law, as amended by chapter 400 of the laws of
3 1973, is amended to read as follows:
4 1. Every county, city, town or village enforcing the provisions of
5 this chapter relating to snowmobiles shall be entitled to receive state
6 aid as hereinafter provided. A county, city, town or village seeking
7 reimbursement for expenditures incurred in enforcement of this article,
8 including expenditures incurred for signs and markers therefor, shall
9 submit to the commissioner by January first of each year an estimate of
10 such expenditures for the current fiscal year, in such form and contain-
11 ing such information as the commissioner may require. Within one month
12 after the close of the fiscal year, each such county, city, town or
13 village shall submit to the commissioner a statement of authorized
14 expenditures actually incurred, in such form and containing such infor-
15 mation as he may require. For the purpose of this section, "fiscal year"
16 shall mean the period from [April] May first through [March thirty-
17 first] April thirtieth.
18 § 27. Subdivision 3 of section 27.17 of the parks, recreation and
19 historic preservation law, as amended by section 2 of part G of chapter
20 82 of the laws of 2002, is amended to read as follows:
21 3. Every county or, where applicable, any city, town or village within
22 such county, shall be eligible for a grant for the development and main-
23 tenance of a system of snowmobile trails and a program with relation
24 thereto within its boundaries. Such grants shall be made by the commis-
25 sioner and may constitute up to one hundred percent of the cost of such
26 program including expenditures incurred for signs and markers of snowmo-
27 bile trails. Any county or, where applicable, any city, town or village
28 within such county, applying for such grant shall submit to the commis-
29 sioner by September first of each year an estimate of such expenditures
30 for the current fiscal year, in such form and containing such informa-
31 tion as the commissioner may require. No city, town or village may
32 apply for such grant where the county within which it is contained has
33 submitted an application for the same fiscal year. For the purpose of
34 this section, "fiscal year" shall mean the period from [April] May first
35 through [March thirty-first] April thirtieth. The commissioner shall
36 review all such applications and shall determine the amount of state aid
37 to be allocated to each county or, where applicable, any city, town or
38 village within such county in accordance with the provisions of subdivi-
39 sion five of this section. Of the amount the commissioner determines
40 each county or, where applicable, any city, town or village within such
41 county is eligible to receive, seventy percent shall be made available
42 for distribution by November first and thirty percent for distribution
43 upon demonstration of completion, submitted by June first, of the
44 program.
45 § 28. Subdivision 3 of section 551 of the labor law, as added by chap-
46 ter 705 of the laws of 1944, is amended to read as follows:
47 3. Payment of administrative expenses. The total amount of expenses
48 incurred by the commissioner in connection with the administration of
49 this article and such proportion of the total expenses of maintaining
50 the public employment offices as established under this chapter and for
51 the purposes of this article, as shall be determined to be necessary and
52 required by the provisions of this article and so certified by the
53 commissioner, shall, upon audit by the comptroller, be disbursed from
54 the unemployment administration fund. Annually, as soon as practicable
55 after [April] May first, the commissioner and the comptroller shall
56 ascertain the total amount of such expenses incurred during the preced-
S. 7615 15 A. 11702
1 ing fiscal year. An itemized statement of the total expenses so ascer-
2 tained shall be open to public inspection in the office of the commis-
3 sioner after notice in an official publication of the department. All
4 disbursements from such fund shall be made by the commissioner of taxa-
5 tion and finance on the warrant of the comptroller.
6 § 29. Subdivision d of section 16-a of the retirement and social secu-
7 rity law, as added by chapter 33 of the laws of 1986, is amended to read
8 as follows:
9 d. On or before October fifteenth of nineteen hundred eighty-six and
10 each succeeding year during the amortization period, the comptroller
11 shall file with the director of the budget an estimate of the amount of
12 the annual payment required to be made pursuant to this section in the
13 state fiscal year beginning the first day of [April] May next succeeding
14 such October fifteenth.
15 § 30. Subdivision a of section 316 of the retirement and social secu-
16 rity law, as amended by chapter 33 of the laws of 1986, is amended to
17 read as follows:
18 a. Upon the basis of each annual actuarial valuation and appraisal
19 provided for in this article, the comptroller, on or before the
20 fifteenth day of October of each year, shall prepare and file with the
21 director of the budget an itemized estimate of the amounts necessary to
22 be appropriated by the state to the pension accumulation fund and the
23 New York state public employees group life insurance plan, as appropri-
24 ate. Such itemized estimate may be revised on or before December thirti-
25 eth of each such year. Such amounts shall be sufficient to provide for
26 payment in full for (i) the succeeding fiscal year of all estimated
27 obligations of the state to the [policemen's and firemen's] New York
28 state and local police and fire retirement system; and (ii) any actual
29 obligations of the state to such retirement system, remaining unpaid,
30 plus interest on such amount, for the fiscal year ending on the [March
31 thirty-first] April thirtieth preceding such date; provided, however,
32 that such estimate of actual obligations shall be made commencing with
33 the filings due on October fifteenth, [nineteen hundred eighty-seven]
34 two thousand six and thereafter. If, as a result of the estimate
35 required to be made pursuant to clause (i) of the preceding sentence,
36 the state overpaid its actual obligation to the retirement system in any
37 year, the amount estimated in the filing required by this subdivision
38 next succeeding such overpayment shall reflect the amount of such over-
39 payment, plus interest on such amount, as a reduction in amounts that
40 would otherwise be estimated to be due the retirement system from the
41 state. An item of appropriation which shall be sufficient to provide for
42 such obligations shall be included in the next annual appropriation bill
43 when it is presented to the legislature for passage. The amounts so
44 appropriated or so much thereof as may be required shall be paid from
45 the state treasury on warrant of the comptroller into the pension accu-
46 mulation fund and the New York state public employees group life insur-
47 ance plan, as appropriate, on March first of each state fiscal year. For
48 the purposes of this section, interest shall mean the rate or rates of
49 interest used in the actuarial valuations covering the period of time
50 over which such interest is computed.
51 § 31. Subdivision d of section 316-a of the retirement and social
52 security law, as added by chapter 33 of the laws of 1986, is amended to
53 read as follows:
54 d. On or before October fifteenth of [nineteen hundred eighty-six] two
55 thousand six and each succeeding year during the amortization period,
56 the comptroller shall file with the director of the budget an estimate
S. 7615 16 A. 11702
1 of the amount of the annual payment required to be made pursuant to this
2 section in the state fiscal year beginning the first day of [April] May
3 next succeeding such October fifteenth.
4 § 32. The legislative law is amended by adding a new article 4-B to
5 read as follows:
6 ARTICLE 4-B
7 NEW YORK STATE INDEPENDENT BUDGET OFFICE
8 Section 75. Powers and duties of the New York state independent budget
9 office.
10 76. Director of the New York state independent budget office.
11 § 75. Powers and duties of the New York state independent budget
12 office. There shall hereby be established a New York state independent
13 budget office. 1. It shall be the duty of the New York state independent
14 budget office to provide the members and committees of the legislature
15 with information which will assist such officials and bodies in the
16 discharge of their responsibilities which are related to the budgetary
17 process including:
18 (a) information with respect to the budget, appropriations bills and
19 proposed laws with fiscal implications;
20 (b) information with respect to estimated revenues and receipts, and
21 changing revenue conditions; and
22 (c) to the extent practicable, such other information or analyses as
23 may be requested by such officials and bodies.
24 Requests made by the speaker of the assembly, the temporary president
25 of the senate, the chair of the assembly ways and means committee and
26 the chair of the senate finance committee regarding the budget, revenues
27 and expenditures shall receive priority attention.
28 2. The independent budget office may complete a fiscal impact state-
29 ment:
30 (a) for any bill at the request of the speaker of the assembly or the
31 temporary president of the senate; and
32 (b) at the request of committee chairs for any bill referred to their
33 respective committees. Fiscal impact statements shall estimate the
34 impact on state revenues or expenditures.
35 3. The independent budget office may publish a report with respect to
36 the expected levels of state revenues by the first day of January, the
37 first day of April, the first day of July and the first day of October
38 of each year.
39 4. The independent budget office may prepare an economic and revenue
40 forecast in time for its review by the conveners of the consensus
41 economic and revenue forecasting conference in the month of March of
42 each year.
43 5. The independent budget office may publish by December first of each
44 year a report analyzing the fiscal outlook of the state for the next
45 three years.
46 6. The independent budget office may, from time to time, publish such
47 reports as may be appropriate to enhance the official and public under-
48 standing of the budgetary process and of the budget documents.
49 7. All studies and reports prepared by the independent budget office
50 shall be made available to the public and shall also be made available
51 by electronic means over the internet.
52 § 76. Director of the New York state independent budget office. 1. The
53 New York state independent budget office shall be headed by a director
54 who shall be jointly appointed by the speaker of the assembly and the
55 temporary president of the senate.
S. 7615 17 A. 11702
1 2. (a) There shall be an independent budget office advisory committee
2 consisting of (i) one person appointed by each of the following offi-
3 cials and who shall serve at the pleasure of such officials; the chair
4 and ranking member of the assembly ways and means committee and the
5 chair and ranking member of the senate finance committee, and (ii) six
6 other members jointly appointed by the speaker of the assembly and the
7 temporary president of the senate, who shall serve for two year terms.
8 The members shall all be individuals with extensive experience and know-
9 ledge in the fields of finance, economics, accounting, public adminis-
10 tration and public policy analysis including at least one nationally
11 recognized expert in the fields of budget theory and the budget process;
12 one dean or director or former dean or director of a graduate school of
13 business administration located in New York state; one officer or former
14 officer or economic advisor of a labor union; one officer or former
15 officer or economic advisor to a business corporation; and one officer
16 or former officer of a civic or public interest advocacy organization
17 involved in budget matters.
18 (b) The independent budget office advisory committee may assist in the
19 development of guidelines for the best practices of the independent
20 budget office. The independent budget office advisory committee shall
21 meet annually. In the event of a vacancy, the committee shall provide
22 to the speaker of the assembly and the temporary president of the senate
23 a list of qualified candidates for the position of director.
24 (c) Members of the advisory committee shall receive no compensation
25 but shall be reimbursed for reasonable expenses incurred in connection
26 with their duties.
27 3. The director of the independent budget office shall be appointed
28 without regard to political affiliation and solely on the basis of
29 fitness to perform the duties assigned by this article. The initial term
30 of office of the first director shall be three years commencing on Janu-
31 ary first, two thousand six, and the subsequent terms of office there-
32 after shall be for two years commencing January first, two thousand
33 nine. Any individual appointed to fill a vacancy prior to the expira-
34 tion of a term shall serve only for the unexpired portion of such term.
35 An individual serving as director at the expiration of the term may
36 continue to serve until a successor is appointed.
37 4. The director of the independent budget office shall appoint such
38 personnel and procure the services of such experts and consultants,
39 within the appropriations available therefor, as may be necessary for
40 such director to carry out the duties and functions assigned pursuant to
41 this article. Such personnel and experts shall perform such duties as
42 may be assigned to them by the director.
43 5. The director of the independent budget office shall be authorized
44 to secure such information, data, estimates and statistics directly from
45 the agencies of the state as the director determines to be necessary for
46 the performance of the functions and duties of the independent budget
47 office, and such agencies shall provide such information in a timely
48 fashion. Such director shall not be entitled to obtain records which are
49 protected by the privileges for attorney-client communications, attorney
50 work product and material prepared for litigation.
51 § 33. Section 22 of the state finance law is amended by adding a new
52 subdivision 16 to read as follows:
53 16. (a) With respect to appropriations for any information technology
54 project involving one or more contracts and totalling five million
55 dollars or more proposed for funding in the budget submitted annually by
56 the governor to the legislature, the amount requested to fund each such
S. 7615 18 A. 11702
1 project shall be set forth as a separate item of appropriation.
2 Notwithstanding any provision of law to the contrary, such appropriation
3 or a portion thereof shall be made available only upon the submission to
4 the director of the budget, the chairperson of the senate finance
5 committee and the chairperson of the assembly ways and means committee,
6 of a project design, development and implementation plan prepared by the
7 commissioner of the lead agency for the project. Such plan shall
8 include, but not be limited to, a schedule for the design, development
9 and implementation of the project that identifies functional design
10 components, specifications, and requirements, key milestones, timetable,
11 the estimated cost of each phase of the project and weighs the appropri-
12 ateness of discrete technical and functional project components. The
13 plan shall document the rationale for project scope and method of
14 procurement, including whether the project will be procured as a single
15 contract or as separate contracts of discrete technical and functional
16 components. Any expenditure made pursuant to such appropriation shall be
17 in accordance with such plan.
18 (b) Within thirty days following the submission of the budget by the
19 governor for each fiscal year, beginning with the two thousand six--two
20 thousand seven fiscal year, the director of the budget shall transmit to
21 the chairs of the senate finance committee and the assembly ways and
22 means committee a report which includes project specific information for
23 the proposed appropriations identified in paragraph (a) of this subdivi-
24 sion and any other projects which appear as separate items of appropri-
25 ation. Such report shall set forth:
26 (i) existing or anticipated contracts, including the agency or agen-
27 cies which let or anticipate letting such contracts;
28 (ii) vendor name when available;
29 (iii) a description of the project and contract purpose in less than
30 thirty words;
31 (iv) whether such contracts are or are anticipated to be centralized
32 contracts;
33 (v) anticipated lifetime contract costs, broken down by fiscal year;
34 (vi) contract amendments and/or change orders for the current fiscal
35 year, including value if any and reasons therefor;
36 (vii) the estimated date of contract completion, including annual
37 timetable for a multi-year contract and any change in such timetable
38 since the previous report and the reasons therefor;
39 (viii) the total of all expenditures on such specific contracts made
40 prior to the then current fiscal year, including all agencies which have
41 incurred such costs including when expenditures are made off of a
42 centralized contract;
43 (ix) the total amount of expenditures on such specific contracts esti-
44 mated to be made during the then current fiscal year and during each of
45 the next ensuing five fiscal years for multi-year contracts, including
46 all agencies which have incurred such costs including when expenditures
47 are made off of a centralized contract;
48 (x) whether such project is financed by the issuance of certificates
49 of participation or similar instruments and the associated costs related
50 thereto; and
51 (xi) such other information as necessary to fully describe the state
52 obligation with regard to such specific or anticipated contracts.
53 § 34. The state finance law is amended by adding a new section 2-b to
54 read as follows:
55 § 2-b. Additional definition. As used in subdivision sixteen of
56 section twenty-two of this chapter, the term "information technology"
S. 7615 19 A. 11702
1 shall mean a good, service or good and service that results in a
2 digital, electronic or similar technical method of achieving a practical
3 purpose or in improvements in productivity, including but not limited to
4 information management, equipment, software, operating systems, inter-
5 face systems, interconnected systems, telecommunications, data manage-
6 ment, networks, and network management, consulting, supplies, facili-
7 ties, maintenance and training.
8 § 35. Section 23 of the state finance law is amended by adding a new
9 subdivision 7 to read as follows:
10 7. Revision of information. Information required by subdivisions one,
11 three, seven, ten, eleven, twelve, and thirteen of section twenty-two of
12 this article shall be revised to reflect legislative action on the exec-
13 utive budget and on the contingency budget and shall be presented to the
14 legislature and the public within thirty days of final legislative
15 action on appropriation bills, not including any deficiency bill.
16 § 36. Subdivisions 3 and 4 of section 92 of the state finance law, as
17 separately amended by chapters 405 and 957 of the laws of 1981, are
18 amended to read as follows:
19 3. At the close of each fiscal year any cash surplus remaining in the
20 general fund over and above the norm for such fiscal year shall be
21 transferred from or retained in such fund as hereinafter in this subdi-
22 vision provided. There shall be transferred to the tax stabilization
23 reserve fund all of such surplus moneys, up to and including an amount
24 equivalent to two-tenths of one per centum of such norm, unless such
25 transfer would increase such reserve fund to an amount in excess of
26 [two] three per centum of the amount of the norm for such fiscal year,
27 in which event such transfer shall be limited to such amount as will
28 increase such reserve fund to such [two] three per centum limitation.
29 Any balance of such surplus moneys, thereafter remaining in the general
30 fund, shall be retained in such fund and be available for the reduction
31 of state taxes.
32 4. In the event that at the close of any fiscal year the receipts
33 derived from the taxes, fees and other sources, required to be paid
34 during such fiscal year into the general fund of the state shall fall
35 below the norm for such fiscal year, there shall be transferred from the
36 tax stabilization reserve fund to the general fund to the extent that
37 there are sufficient moneys in the tax stabilization reserve fund, an
38 amount equal to the difference between the norm and the amount of such
39 receipts. If such transfer reduces the tax stabilization reserve fund to
40 an amount less than [two] three per centum of the norm for such fiscal
41 year, the amount so transferred shall be repaid in cash prior to the
42 computation and payment of any transfer to the fund pursuant to subdivi-
43 sion three of this section in not less than three equal annual install-
44 ments within the period of six years or less next succeeding the date of
45 such transfer; provided, however, that if any such annual installment
46 shall increase such reserve fund to an amount in excess of [two] three
47 per centum of the amount of the norm for the then current fiscal year,
48 such installment shall be limited to such amount as will increase such
49 reserve fund to such [two] three per centum limitation and no further
50 repayment of the whole or any part of such transfer shall be required in
51 any subsequent fiscal year. Repayments to the tax stabilization reserve
52 fund shall be stipulated in annual budget bills.
53 § 37. The state finance law is amended by adding a new section 92-dd
54 to read as follows:
55 § 92-dd. Fiscal stabilization reserve fund. 1. There is hereby estab-
56 lished in the state treasury a fund to be known as the fiscal stabiliza-
S. 7615 20 A. 11702
1 tion reserve fund. Such fund shall consist of moneys deposited therein
2 and monies shall be withdrawn from such fund only for the purposes as
3 provided therein.
4 2. For each fiscal year commencing on or after April first, two thou-
5 sand six, an amount shall be transferred from the general fund and
6 deposited in the fiscal stabilization reserve fund which shall be calcu-
7 lated as two-tenths of one per centum of all moneys deposited into the
8 state treasury excluding federal funds, fiduciary funds and bond
9 proceeds, during the immediately preceding fiscal year reduced by the
10 amount that the sum of the balance of the fund at the beginning of the
11 fiscal year and two-tenths of one per centum of all the moneys deposited
12 into the state treasury during the immediately preceding fiscal year
13 exceeds three per centum of the moneys deposited in the state treasury
14 excluding federal funds, fiduciary funds and bond proceeds deposited
15 into the state treasury during the immediately preceding fiscal year.
16 3. Moneys available in the fiscal stabilization reserve fund shall be
17 withdrawn from the fund and transferred to the general fund in any
18 subsequent fiscal year for the payment of education aid to school
19 districts and boards of cooperative educational services during the
20 first two months of the state fiscal year for each year beginning on or
21 after May first, two thousand seven and for other purposes in the amount
22 jointly certified as necessary by the governor, the temporary president
23 of the senate and speaker of the assembly, provided that the amount
24 transferred shall not exceed the amount of moneys available in the
25 fiscal stabilization reserve fund. Any transfers from the fund for the
26 payment of education aid to school districts and boards of cooperative
27 education shall be repaid in the subsequent fiscal year. If an addi-
28 tional transfer reduces the fiscal stabilization reserve fund to an
29 amount less than three per centum of the moneys deposited in the state
30 treasury excluding federal funds, fiduciary funds and bond proceeds for
31 such fiscal year, the amount so transferred shall be repaid in cash
32 prior to the computation and payment of any transfer to the fund in not
33 less than three equal annual installments within the period of six years
34 or less next succeeding the date of such transfer; provided, however,
35 that if any such annual installment shall increase such reserve fund to
36 an amount in excess of three per centum of the amount of the moneys
37 deposited in the state treasury excluding federal funds, fiduciary funds
38 and bond proceeds for the then current fiscal year, such installment
39 shall be limited to such amount as will increase such reserve fund to
40 such three per centum limitation and no further repayment of the whole
41 or any part of such transfer shall be required in any subsequent fiscal
42 year.
43 § 38. Section 22 of the state finance law is amended by adding two new
44 subdivisions 14 and 15 to read as follows:
45 14. (a) Include a current services estimate projecting the cost of
46 continuing levels of activities and programs authorized for the current
47 state fiscal year as well as provisions of law scheduled to take effect
48 through the conclusion of the ensuing state fiscal year.
49 Calculation of current services projections shall include, but not be
50 limited to, the following elements:
51 (1) Adjustments for authorized interchanges, transfers and deficien-
52 cies;
53 (2) Adjustments for annualization, or the full year cost of implement-
54 ing current state fiscal year budget actions, especially new initiatives
55 which received partial year funding;
56 (3) Elimination of non-recurring costs;
S. 7615 21 A. 11702
1 (4) Adjustments for inflation costs associated with meeting nonper-
2 sonal service expenditures;
3 (5) Adjustments for negotiated personal service contractual agreements
4 and related fringe benefit costs; and
5 (6) Adjustments for currently enacted statutory changes scheduled to
6 take effect in the current or ensuing state fiscal year, entitlement
7 growth, and population driven service delivery growth.
8 (b) Current service projections shall be presented in a standardized
9 tabular format showing a comparison with current year appropriations,
10 current year adjusted appropriations and appropriations recommended by
11 the governor for the following state fiscal year. These comparisons
12 shall be made at the following level of detail, where applicable, and in
13 the following order:
14 (1) Program;
15 (2) Purpose which shall include state operations, local assistance,
16 and capital projects;
17 (3) Fund type which shall include general fund, special revenue -
18 other funds, capital project funds, debt service funds and federal
19 funds; and
20 (4) Object level which shall include personal service, nonpersonal
21 service, and maintenance undistributed.
22 (c) Accompanying the standardized tabular comparison shall be a brief
23 narrative description of the effects of the governor's recommended
24 appropriations on the current services estimate.
25 15. Include a contingency budget estimate projecting the cost of
26 activities and programs authorized during the current fiscal year.
27 Calculation of a contingency budget shall include, but not be limited
28 to:
29 (a) Level of appropriations and reappropriations enacted during the
30 current fiscal year;
31 (b) Level of disbursements authorized during the current fiscal year;
32 (c) Adjustments for related statutory spending and revenue provisions
33 which would remain in effect;
34 (d) Adjustments for exceptions to contingency limits provided for in
35 subdivision three of section twenty-four-a of this article.
36 § 39. This act shall take effect immediately, provided, however, that:
37 1. Sections one through thirty-five and section thirty-eight of this
38 act shall take effect on the same date as amendments to articles IV and
39 VII of the state constitution relating to the submission of the budget
40 to the legislature by the governor as proposed in S.7317 and A.11231, a
41 Concurrent Resolution of the Senate and Assembly, take effect; and
42 2. Sections thirty-six and thirty-seven of this act shall take effect
43 three years after the date on which it shall have become a law;
44 provided, however, that in the event a Concurrent Resolution of the
45 Senate and Assembly proposing amendments to articles IV and VII of the
46 constitution relating to the submission of the budget to the legislature
47 by the governor as proposed in legislative bills numbers S. 7317 and A.
48 11231 fails to become a part of the constitution pursuant to the
49 provisions of section 1 of article XIX of the constitution then this act
50 shall not take effect and the amendments to subdivisions 3 and 4 of
51 section 92 of the state finance law made by section thirty-six of this
52 act and section 92-dd of the state finance law as added by section thir-
53 ty-seven of this act shall be deemed repealed.