Provides for a June 1 to May 31 state fiscal year; makes administrative and transitional provisions therefor; requires that by April 15 of each year, the legislature must adopt a joint resolution that contains the maximum appropriations to each state agency for state operations, local assistance and capital construction.
TITLE OF BILL: An act to amend the state finance law, in relation to the fiscal year of the state and repealing section 3 of such law relating thereto
PURPOSE: This legislation repeals section three of the state finance law and adds a new section three, designating the first day of June as the commencement of the state's fiscal year. This legislation also designates that by April 15th of each year, the Legislature must adopt a joint resolution that contains the maximum appropriation to each state agency for state operations, local assistance and capital construction.
JUSTIFICATION: The current April 1st deadline for passage of the state budget only gives the Legislature three months to analyze the Governor's budget. Additionally, after a gubernatorial election year, the Governor does not have to submit his budget until February 1st, which gives the Legislature only two months to pass it. Another advantage of a later passage date is that it will give the legislature a more accurate estimate of tax receipts which were filed by April 15th.
LEGISLATIVE HISTORY: 2009/2010 - S.377 Remained in the Senate Committee on Finance 2007/2008 - S.722A Remained in the Senate Committee on Finance 2005/2006 - S.227 Remained in the Senate Committee on Finance
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1189 2011-2012 Regular Sessions IN SENATE January 5, 2011 ___________Introduced by Sens. BRESLIN, KRUEGER, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, in relation to the fiscal year of the state and repealing section 3 of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3 of the state finance law is REPEALED and a new section 3 is added to read as follows: S 3. FISCAL YEAR. 1. THE CURRENT FISCAL YEAR OF THE STATE WHICH COMMENCED WITH THE FIRST DAY OF APRIL, TWO THOUSAND ELEVEN, IS HEREBY EXTENDED AND SHALL END WITH THE THIRTY-FIRST DAY OF MAY, TWO THOUSAND TWELVE. FOR ALL PURPOSES OF DETERMINING ANNUAL INCREMENTS OF STATE EMPLOYEES PURSUANT TO THE EDUCATION LAW, THE CIVIL SERVICE LAW OR OTHER STATE LAW, AND FOR ALL PURPOSES WHENEVER BY LAW SOME ACT IS TO BE PERFORMED OR TIME IS TO BE MEASURED BY THE FISCAL YEAR OF THE STATE, THE CURRENT FISCAL YEAR, AS SO ABRIDGED, SHALL BE DEEMED TO BE A FULL YEAR UNLESS THE CONTEXT CLEARLY REQUIRES A CONTRARY CONSTRUCTION. ON AND AFTER THE FIRST DAY OF JUNE, TWO THOUSAND TWELVE, THE FISCAL YEAR OF THE STATE, FOR THE PURPOSE OF BUDGET, APPROPRIATIONS, RECEIPTS AND DISBURSEMENTS OF STATE MONEYS AND ALL OTHER STATE AFFAIRS WHICH ARE REGULATED IN ACCORDANCE WITH OR BASED ON FISCAL YEARS, INCLUDING THE FISCAL AFFAIRS OF ALL STATE DEPARTMENTS, COMMISSIONS, BOARDS, AGENCIES, OFFICES AND INSTITUTIONS, SHALL BEGIN WITH THE FIRST DAY OF JUNE AND END WITH THE NEXT FOLLOWING THIRTY-FIRST DAY OF MAY. 2. ALL BOOKS AND ACCOUNTS IN THE OFFICES OF THE COMPTROLLER AND THE DEPARTMENT OF TAXATION AND FINANCE SHALL BE KEPT BY FISCAL YEARS. ALL ANNUAL ACCOUNTS REQUIRED TO BE RENDERED TO THE COMPTROLLER OR TO SUCH DEPARTMENT BY ANY PERSON SHALL BE CLOSED ON THE THIRTY-FIRST DAY OF MAY IN EACH YEAR, AND BE RENDERED AS SOON THEREAFTER AS PRACTICABLE, IF NO TIME IS SPECIALLY PRESCRIBED BY LAW.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05110-01-1 S. 1189 2
3. WHERE ANY STATUTE PROVIDES, IN TERMS OR EFFECT, THAT ANY INVENTORY OR ACCOUNT, OR A REPORT RELATING IN WHOLE OR IN PART TO RECEIPTS AND DISBURSEMENTS OF MONEY, BE MADE TO THE LEGISLATURE OR ANY STATE OFFICER ANNUALLY, OR FOR A YEAR, BY A DEPARTMENT, COMMISSION, BOARD, OR OFFICER UNDER THE STATE GOVERNMENT, SUCH INVENTORY OR ACCOUNT, AND SUCH REPORT SO FAR AS IT RELATES TO SUCH RECEIPTS AND DISBURSEMENTS, SHALL BE FOR THE PRECEDING FISCAL YEAR, UNLESS THE CALENDAR YEAR BE EXPRESSLY MENTIONED. 4. EXISTING PROVISIONS OF OTHER LAWS DESCRIBING OR REFERRING TO A FISCAL YEAR OF THE STATE AS BEGINNING APRIL FIRST AND ENDING MARCH THIR- TY-FIRST, OR MAKING ANY REQUIREMENT WITH RESPECT TO SUCH FISCAL YEAR, OR REFERRING TO ANY YEAR SO BEGINNING AND ENDING WHICH APPLIES TO INVENTO- RIES OR ACCOUNTS IN STATE MATTERS, OR TO REPORTS RELATING TO STATE MONEY OR PROPERTY, SHALL BE DEEMED MODIFIED BY AND BE CONSTRUED IN CONNECTION WITH THIS SECTION, AND BE DEEMED TO REFER TO A FISCAL OR TO ANOTHER YEAR OR PERIOD BEGINNING AND ENDING AS HEREIN PRESCRIBED FOR A FISCAL YEAR. 5. ON OR BEFORE APRIL FIFTEENTH EACH YEAR, THE LEGISLATURE SHALL ADOPT A JOINT RESOLUTION THAT ESTABLISHES THE MAXIMUM APPROPRIATION TO EACH STATE AGENCY FOR STATE OPERATIONS, LOCAL ASSISTANCE AND CAPITAL CONSTRUCTION. S 2. This act shall take effect immediately.