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Senate Bill S1114

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2009-S1114 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd ยง4, St Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3309
2013-2014: S874
2015-2016: S4478
2017-2018: S207

2009-S1114 (ACTIVE) - Summary

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

2009-S1114 (ACTIVE) - Sponsor Memo

2009-S1114 (ACTIVE) - Bill Text download pdf 

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

                                  1114

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sen.  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 NINE AND THEREAFTER FOR
TRANSFER OR TEMPORARY LOAN WITHOUT SPECIFIC STATUTORY AUTHORITY FOR SUCH
TRANSFER OR TEMPORARY LOAN. THE STATE COMPTROLLER SHALL BE AUTHORIZED TO
LOAN SPECIAL REVENUE FUNDS MONEY ONLY AFTER STATUTORY APPROVAL FOR  SUCH
ACTION.  THE  DIRECTOR OF THE DIVISION OF THE BUDGET SHALL NOT AUTHORIZE
OR PROVIDE ANY CERTIFICATES OF AUTHORIZATION.   SUCH STATUTORY  AUTHORI-
ZATION REQUIREMENT SHALL NOT BE SUPERSEDED, OVERRULED OR OBVIATED BY ANY
PROVISION OF LAW CONTAINING NOTWITHSTANDING LANGUAGE.
  (B)  THE  DIVISION OF THE 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 THE 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 THE DIVISION. IF THE DIVISION OF
THE BUDGET FAILS TO PRODUCE SUCH PLANS WITHIN ONE HUNDRED EIGHTY DAYS OF
AUTHORIZING SUCH TRANSFERS,  THEN  THE  DIVISION  OF  THE  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

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