senate Bill S874

Amended

Provides that special revenue funds shall not be transferred or loaned temporarily without specific statutory authority

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO FINANCE
  • 09 / Oct / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 09 / Oct / 2013
    • PRINT NUMBER 874A
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Provides that special revenue funds shall not be transferred or loaned temporarily without specific statutory authority.

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Bill Details

Versions:
S874
S874A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd ยง4, St Fin L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3309A
2009-2010: S1114

Sponsor Memo

BILL NUMBER:S874

TITLE OF BILL:
An act
to amend the state finance law, in relation to the transfer and
temporary loan of special revenue funds

PURPOSE:
The purpose of this bill is to disallow any appropriation of
special revenue funds without statutory authority, and to require
the division of the budget to develop a plan for repayment for
special revenue funds transferred to the general fund.

SUMMARY OF SPECIFIC PROVISIONS:
The first
portion of this bill would prohibit any transfer of monies from
special revenue funds if not mandated by law.

The second paragraph requires the division of the budget with the
state comptroller to develop a plan for repayment for monies swept
from special revenue funds to the general fund over a five year
period. Once the plan is developed the division of the budget is to
hold public hearings and make the plan publicly accessible by
providing it on the DOB homepage.

JUSTIFICATION:
Special revenue funds, such as the Environmental
Protection Fund, (EPF) were promised to be provided only for the
programs for which they were created These funds were developed and
envisioned as a public trust to be placed in a lockbox, and not used
as a slush fund to fill budget gaps for the general fund. To date,
over $500 million dollars has been swept from the EPF to the general
fund. This past fiscal year $1 million in snowmobile registration
fees that are statutorily required to be provided for maintenance and
creation of new trails were also swept into the general fund New
Yorkers deserve clean, well-managed and properly funded environmental
programs they were promised. It is in the interest of the public
trust and integrity of our state to further regulate special revenue
funds and eliminate detrimental sweeps in the future.

PRIOR LEGISLATIVE HISTORY:
2008: S.7796A
2009-10: S.1114 of 2009-10; Referred to Senate Finance
2011-12: S.3309A of 2011-11; Referred to Senate Finance

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediatley.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   874

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GRISANTI,  MARCELLINO  --  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  transfer  and
  temporary loan of special revenue funds

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 4 of the state finance law is amended by  adding  a
new subdivision 11 to read as follows:
  11. (A) NO MONEY OR OTHER FINANCIAL RESOURCES OF SPECIAL REVENUE FUNDS
SHALL  BE PROVIDED FROM JULY FIRST, TWO THOUSAND FOURTEEN AND THEREAFTER
FOR TRANSFER OR TEMPORARY LOAN WITHOUT SPECIFIC STATUTORY AUTHORITY  FOR
SUCH  TRANSFER OR TEMPORARY LOAN. THE STATE COMPTROLLER SHALL BE AUTHOR-
IZED TO LOAN SPECIAL REVENUE FUNDS MONEY ONLY AFTER  STATUTORY  APPROVAL
FOR  SUCH  ACTION.  THE  DIRECTOR  OF  THE  DIVISION OF BUDGET SHALL NOT
AUTHORIZE OR PROVIDE ANY CERTIFICATES OF AUTHORIZATION.  SUCH  STATUTORY
AUTHORIZATION REQUIREMENT SHALL NOT BE SUPERSEDED, OVERRULED OR OBVIATED
BY ANY PROVISION OF LAW CONTAINING NOTWITHSTANDING LANGUAGE.
  (B)  THE  DIVISION  OF  BUDGET,  IN  CONSULTATION WITH THE STATE COMP-
TROLLER, SHALL DEVELOP PLANS FOR THE REPAYMENT OVER FIVE YEARS OF MONIES
TRANSFERRED FROM SUCH SPECIAL REVENUE FUNDS TO THE GENERAL FUND.  BEFORE
THE ADOPTION OF SUCH PLANS THE DIVISION OF BUDGET SHALL CONDUCT A SERIES
OF PUBLIC HEARINGS IN CONJUNCTION WITH THE APPROPRIATE AGENCIES, OFFICES
OR DEPARTMENTS ON SUCH PLANS. SUCH PLANS SHALL BE POSTED ON THE HOMEPAGE
OF THE WEBSITE MAINTAINED BY SUCH DIVISION. IF THE  DIVISION  OF  BUDGET
FAILS  TO PRODUCE SUCH PLANS WITHIN ONE HUNDRED EIGHTY DAYS OF AUTHORIZ-
ING SUCH TRANSFERS, THEN THE DIVISION OF BUDGET SHALL PROVIDE NOTICE  OF
SUCH FAILURE ON SUCH HOMEPAGE AND CONDUCT A TIMELY PUBLIC HEARING ON THE
FAILURE  TO  PRODUCE SUCH PLANS. THE DIRECTOR OF THE BUDGET SHALL SUBMIT
SUCH PLANS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE
SPEAKER OF THE ASSEMBLY, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE
AND  THE  CHAIRPERSON  OF  THE  ASSEMBLY WAYS AND MEANS COMMITTEE WITHIN
FIFTEEN DAYS OF ADOPTION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04608-01-3

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