Bill S2653-2013

Enacts the "over-expenditure, under-expenditure, transfer notification (OUT) act" to provide for the use of surplus appropriated funds and over-expenditure approval

Enacts the "over-expenditure, under-expenditure, transfer notification (OUT) act" to provide for the use of surplus appropriated funds and over-expenditure approval.

Details

Actions

  • Jan 27, 2014: RECOMMIT, ENACTING CLAUSE STRICKEN
  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 23, 2013: REFERRED TO FINANCE

Text

STATE OF NEW YORK ________________________________________________________________________ 2653 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________
Introduced by Sen. BALL -- 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 enacting the "over-expenditure, under-expenditure, transfer notification (OUT) act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "over-expenditure, under-expenditure, transfer notification (OUT) act". S 2. The state finance law is amended by adding a new section 53-e to read as follows: S 53-E. SURPLUS APPROPRIATED FUNDS; OVER-EXPENDITURE APPROVAL. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "STATE AGENCY" SHALL MEAN ANY STATE DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPO- RATION, COUNCIL, OFFICE, OR OTHER GOVERNMENTAL ENTITY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE; AND B. "SURPLUS APPROPRIATED FUNDS" SHALL MEAN THE AMOUNT OF FUNDS APPRO- PRIATED TO A STATE AGENCY IN A FISCAL YEAR REDUCED BY THE TOTAL EXPENDI- TURES BY SUCH STATE AGENCY FOR SUCH FISCAL YEAR, BUT SUCH TERM SHALL ONLY APPLY TO AMOUNTS OF FUNDS GREATER THAN ZERO. 2. SURPLUS APPROPRIATED FUNDS. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY STATE AGENCY WHICH ON APRIL FIRST HAS SURPLUS APPROPRIATED FUNDS SHALL, ON OR BEFORE APRIL FIFTEENTH OF SUCH YEAR, NOTIFY THE GOVERNOR, THE COMPTROLLER AND THE LEGISLATURE THAT SUCH AGENCY HAS SURPLUS APPROPRIATED FUNDS AND THE AMOUNT OF SUCH SURPLUS. UPON RECEIPT OF SUCH NOTIFICATION, THE LEGISLATURE AND THE GOVERNOR MAY, ON OR BEFORE MAY THIRTY-FIRST OF SUCH YEAR, ENACT LEGISLATION PROVIDING THAT SUCH SURPLUS APPROPRIATED FUNDS MAY BE USED BY SUCH STATE AGENCY OR TRANS- FERRED TO ANOTHER STATE AGENCY OR BOTH. SUCH LEGISLATION SHALL CLEARLY
SET FORTH THE PARTICULAR PURPOSE OR PURPOSES FOR WHICH SUCH SURPLUS APPROPRIATED FUNDS SHALL BE USED OR TRANSFERRED. ANY LEGISLATION ENACTED PURSUANT TO THIS SUBDIVISION SHALL CONTAIN A CONDITION THAT SUCH SURPLUS APPROPRIATED FUNDS SHALL NOT BE USED AS SET FORTH IN SUCH LEGISLATION WITHOUT THE APPROVAL OF THE STATE COMPTROLLER. B. ON OR BEFORE JUNE THIRTIETH OF SUCH YEAR, THE COMPTROLLER MAY APPROVE THE USE OR TRANSFER OF FUNDS PROVIDED FOR IN THIS SUBDIVISION. IF THE COMPTROLLER FAILS TO APPROVE SUCH USE OR TRANSFER OF FUNDS BY JUNE THIRTIETH OF SUCH YEAR, SUCH SURPLUS APPROPRIATED FUNDS SHALL BE TRANSFERRED TO THE GENERAL FUND AND SHALL BE USED FOR THE SOLE PURPOSE OF REDUCING DEBT OF THE STATE. C. ANY SURPLUS APPROPRIATED FUNDS FOR WHICH THE LEGISLATURE AND THE GOVERNOR FAIL TO ENACT LEGISLATION PROVIDING FOR THE USE OR TRANSFER OF SUCH FUNDS SHALL BE TRANSFERRED TO THE GENERAL FUND AND SHALL BE USED FOR THE SOLE PURPOSE OF REDUCING DEBT OF THE STATE. 3. OVER-EXPENDITURE APPROVAL. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY STATE AGENCY WHICH FOR ANY REASON INTENDS TO EXPEND FUNDS FOR ANY PURPOSE IN ANY FISCAL YEAR IN AN AMOUNT GREATER THAN AMOUNTS APPRO- PRIATED TO SUCH AGENCY FOR SUCH FISCAL YEAR, SHALL, PRIOR TO SUCH EXPENDITURE, NOTIFY THE GOVERNOR, THE COMPTROLLER AND THE LEGISLATURE REGARDING SUCH INTENTION WITH A DETAILED EXPLANATION OF WHY SUCH EXPEND- ITURE IS NECESSARY. UPON RECEIPT OF SUCH NOTIFICATION, THE LEGISLATURE AND THE GOVERNOR MAY ENACT LEGISLATION PROVIDING FOR AN APPROPRIATION FOR SUCH EXPENDITURE. SUCH LEGISLATION SHALL CLEARLY SET FORTH THE PARTICULAR PURPOSE OR PURPOSES FOR WHICH SUCH APPROPRIATION IS MADE. ANY LEGISLATION ENACTED PURSUANT TO THIS SUBDIVISION SHALL CONTAIN A CONDI- TION THAT SUCH FUNDS SHALL NOT BE APPROPRIATED WITHOUT THE APPROVAL OF THE STATE COMPTROLLER. S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus