NY State Senate Bill 2017-S207A

Senate Bill S207A

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2018	print number 207a
Jan 24, 2018	amend and recommit to finance
Jan 03, 2018	referred to finance
Jan 04, 2017	referred to finance

Bill Amendments

Original

A (Active)

2017-S207 - Details

See Assembly Version of this Bill:: A9731
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Amd §4, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1114
2011-2012: S3309
2013-2014: S874
2015-2016: S4478

2017-S207 - Summary

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

2017-S207 - Sponsor Memo

                                 BILL NUMBER:  S207

 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 PROVISIONS :

Section 1 prohibits any transfer of monies from special revenue fluids
if not mandated by law. It also 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. 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.

 LEGISLATIVE HISTORY :

S4478A of 2015-16, referred to Finance;
S.874A of 2013-14, referred to Finance;
S.3309A of 2011-12, referred to Finance;
S.1114 of 2009-10 referred to Finance;
S.7796A of 2008 referred to Finance.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S207 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    207
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- 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 12 to read as follows:
   12. (A) NO MONEY OR OTHER FINANCIAL RESOURCES OF SPECIAL REVENUE FUNDS
 SHALL BE PROVIDED FROM JULY FIRST, TWO THOUSAND NINETEEN 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.

   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03003-01-7

2017-S207A (ACTIVE) - Details

See Assembly Version of this Bill:: A9731
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Amd §4, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1114
2011-2012: S3309
2013-2014: S874
2015-2016: S4478

2017-S207A (ACTIVE) - Summary

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

2017-S207A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S207A

SPONSOR: MARCHIONE
 
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 PROVISIONS:

Section 1 prohibits any transfer of monies from special revenue fluids
if not mandated by law. It also 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. New Yorkers deserve clean, well-man-
aged 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.

 
LEGISLATIVE HISTORY:

S4478A of 2015-16, referred to Finance;
S.874A of 2013-14, referred to Finance;
S.3309A of 2011-12, referred to Finance;
S.1114 of 2009-10, referred to Finance;
S.7796A of 2008 referred to Finance.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S207A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  207--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
   printed  to be committed to the Committee on Finance -- recommitted to
   the Committee on Finance in accordance with Senate Rule 6, sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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 12 to read as follows:
   12. (A) NO MONEY OR OTHER FINANCIAL RESOURCES OF SPECIAL REVENUE FUNDS
 SHALL  BE  PROVIDED  FROM JULY FIRST, TWO THOUSAND TWENTY 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03003-02-8

 S. 207--A                           2
 
 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.
   § 2. This act shall take effect immediately.

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