S T A T E O F N E W Y O R K
________________________________________________________________________
5268
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
___________
Introduced by M. of A. MORELLE, FARRELL, DESTITO -- Multi-Sponsored by
-- M. of A. ABBATE, CHRISTENSEN, MAGEE, PARMENT, PHEFFER, P. RIVERA,
SWEENEY -- read once and referred to the Committee on Ways and Means
AN ACT to amend the state finance law, in relation to the contents of
the budget, providing for a "current services budget," a "baseline
receipts estimate," public access to budget information and to requir-
ing public hearings by the division of the budget in preparation of
the executive budget
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 22 of the state finance law is amended by adding
three new subdivisions 17, 18 and 19 to read as follows:
17. (A) INCLUDE A "CURRENT SERVICES BUDGET" PROJECTING THE COST OF
CONTINUING LEVELS OF ACTIVITY AND PROGRAMS AUTHORIZED FOR THE CURRENT
STATE FISCAL YEAR AS WELL AS PROVISIONS OF LAW SCHEDULED TO TAKE EFFECT
THROUGH THE CONCLUSION OF THE ENSUING STATE FISCAL YEAR. CALCULATION OF
CURRENT SERVICES BUDGET PROJECTIONS SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING ELEMENTS:
(1) ADJUSTMENTS FOR AUTHORIZED INTERCHANGES, TRANSFERS AND DEFICIEN-
CIES;
(2) ADJUSTMENTS FOR ANNUALIZATIONS, OR THE FULL YEAR COST OF IMPLE-
MENTING CURRENT STATE FISCAL YEAR BUDGET ACTIONS, ESPECIALLY NEW INITI-
ATIVES WHICH RECEIVED PARTIAL YEAR FUNDING;
(3) ELIMINATION OF NON-RECURRING COSTS;
(4) ADJUSTMENTS FOR INFLATION COSTS ASSOCIATED WITH MEETING NONPER-
SONAL SERVICE EXPENDITURES;
(5) ADJUSTMENTS FOR NEGOTIATED PERSONAL SERVICE CONTRACTUAL AGREEMENTS
AND RELATED FRINGE BENEFIT COSTS; AND
(6) ADJUSTMENTS FOR CURRENTLY ENACTED STATUTORY CHANGES SCHEDULED TO
TAKE EFFECT IN THE CURRENT OR ENSUING STATE FISCAL YEAR, ENTITLEMENT
GROWTH, AND POPULATION DRIVEN SERVICE DELIVERY GROWTH.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08454-01-9
A. 5268 2
(B) CURRENT SERVICE BUDGET PROJECTIONS SHALL BE PRESENTED IN A STAND-
ARDIZED TABULAR FORMAT SHOWING A COMPARISON WITH CURRENT YEAR APPROPRI-
ATIONS, CURRENT YEAR ADJUSTED APPROPRIATIONS AND APPROPRIATIONS RECOM-
MENDED BY THE GOVERNOR FOR THE FOLLOWING STATE FISCAL YEAR. THESE
COMPARISONS SHALL BE MADE AT THE FOLLOWING LEVEL OF DETAIL, WHERE APPLI-
CABLE, AND IN THE FOLLOWING ORDER:
(1) STATE AGENCY RECEIVING AN APPROPRIATION, MISCELLANEOUS AGENCY OR
APPROPRIATION, GENERAL STATE CHARGES, DEBT SERVICE, PUBLIC AUTHORITY,
LEGISLATURE AND JUDICIARY;
(2) PROGRAM;
(3) PURPOSE WHICH SHALL INCLUDE STATE OPERATIONS, LOCAL ASSISTANCE,
AND CAPITAL PROJECTS;
(4) FUND TYPE WHICH SHALL INCLUDE GENERAL FUND, SPECIAL REVENUE FUNDS,
CAPITAL PROJECT FUNDS, DEBT SERVICE FUNDS AND FEDERAL FUNDS; AND
(5) OBJECT LEVEL WHICH SHALL INCLUDE PERSONAL SERVICE, NONPERSONAL
SERVICE, AND MAINTENANCE UNDISTRIBUTED.
(C) ACCOMPANYING THE STANDARDIZED TABULAR COMPARISON SHALL BE A BRIEF
NARRATIVE DESCRIPTION INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
(1) EFFECTS OF THE GOVERNOR'S RECOMMENDED APPROPRIATIONS ON THE
CURRENT SERVICES BUDGET INCLUDING ANY CHANGES THE AGENCY WILL BE
REQUIRED TO MAKE TO PROVIDE THESE SERVICES AT THE RECOMMENDED FUNDING
LEVEL; AND
(2) ELEMENTS INCLUDED IN THE CURRENT SERVICES BUDGET CALCULATION
TOGETHER WITH COST PROJECTIONS AND RATES, WHERE APPLICABLE, BY PROGRAM
FOR ANNUALIZATIONS AND NON-RECURRING ITEMS, INFLATION, NEGOTIATED
PERSONAL SERVICE CONTRACTUAL AGREEMENTS AND RELATED FRINGE BENEFITS, AND
ANY STATUTORY, ENTITLEMENT, AND POPULATION DRIVEN SERVICE GROWTH.
18. (A) INCLUDE A "BASELINE RECEIPTS ESTIMATE" PROJECTING STATE
RECEIPTS UNDER CURRENTLY ENACTED LAW AS WELL AS PROVISIONS OF LAW SCHED-
ULED TO TAKE EFFECT IN THE ENSUING STATE FISCAL YEAR. THE BASELINE
RECEIPTS ESTIMATE SHALL BE PRESENTED IN A STANDARDIZED TABULAR FORMAT
SHOWING A COMPARISON WITH PRIOR YEAR ACTUAL RECEIPTS, CURRENT YEAR
PROJECTED RECEIPTS, AND RECEIPTS PROJECTED FOR THE ENSUING STATE FISCAL
YEAR. THE BASELINE RECEIPTS ESTIMATE PROJECTED FOR THE ENSUING STATE
FISCAL YEAR SHALL INCLUDE A SEPARATE PROJECTION FOR RECEIPTS UNDER
CURRENTLY ENACTED LAW, A SEPARATE PROJECTION FOR RECEIPTS WHICH ASSUMES
THE SAME LAW, INCLUDING THE SAME TAX STRUCTURE, IS IN PLACE FOR THE
ENSUING YEAR AS IN THE CURRENT YEAR, AND A SEPARATE PROJECTION FOR ANY
LAW CHANGES PROPOSED BY THE GOVERNOR. THESE COMPARISONS SHALL BE MADE AT
THE FOLLOWING LEVEL OF DETAIL, WHERE APPLICABLE:
(1) FUND TYPE WHICH SHALL INCLUDE GENERAL FUND, SPECIAL REVENUE FUNDS,
CAPITAL PROJECT FUNDS, DEBT SERVICE FUNDS AND FEDERAL FUNDS;
(2) TAX;
(3) MISCELLANEOUS RECEIPTS BY EACH COMPONENT PART; AND
(4) ANY OTHER REVENUE SOURCE WHICH ACCOUNTS FOR AT LEAST ONE-TENTH OF
ONE PER CENTUM OF ALL RECEIPTS WITHIN EACH FUND TYPE.
(B) ACCOMPANYING THE STANDARDIZED TABULAR COMPARISON SHALL BE A BRIEF
NARRATIVE DESCRIPTION OF THE UNDERLYING ECONOMIC ASSUMPTIONS USED IN
PROJECTING THE BASELINE RECEIPTS ESTIMATE TOGETHER WITH MAJOR ECONOMIC
VARIABLES USED INCLUDING BUT NOT LIMITED TO WAGES, EMPLOYMENT, INTEREST
RATES, INFLATION, CORPORATE PROFITS AND PROPERTY INCOME.
(C) THE BASELINE RECEIPTS ESTIMATE SHALL ALSO INCLUDE, PRESENTED IN A
STANDARDIZED TABULAR FORMAT, A COMPARISON OF THE ESTIMATES FOR THE
ECONOMIC VARIABLES USED TO PROJECT THE CURRENT AND ENSUING YEAR'S
RECEIPTS ESTIMATES WITH THE PRIOR YEAR ACTUAL DATA SERIES AS NATIONALLY
PUBLISHED BY THE UNITED STATES GOVERNMENT. IF A SERIES OF DATA IS USED
A. 5268 3
TO ESTIMATE RECEIPTS IN THE CURRENT OR ENSUING YEAR, BUT DIFFERS FROM A
SERIES OF DATA NATIONALLY PUBLISHED BY THE UNITED STATES GOVERNMENT,
THEN AN ESTIMATION CONSISTENT WITH THE SERIES OF DATA NATIONALLY
PUBLISHED BY THE UNITED STATES GOVERNMENT MUST BE PROVIDED.
19. INCLUDE IN THE EXECUTIVE BUDGET DOCUMENT INFORMATION WHICH WILL
CONTRIBUTE TO AND FACILITATE THE PUBLIC'S UNDERSTANDING OF THE BUDGET
AND BUDGET PROCESS. SUCH INFORMATION SHALL INCLUDE BUT NOT BE LIMITED
TO: A DESCRIPTION OF THE PURPOSE FOR EACH DEPARTMENT AND AGENCY, THE
STATUTORY AUTHORIZATION FOR EACH DEPARTMENT OR AGENCY, A SUMMARY OF THE
PURPOSE OF EACH BUDGETARY PROGRAM IN EACH DEPARTMENT OR AGENCY, THE
PRESENTATION OF DEPARTMENTAL ORGANIZATION CHARTS AND, IN THE CASE OF THE
EXECUTIVE DEPARTMENT, ORGANIZATION CHARTS FOR EACH AGENCY THEREOF; AND
INFORMATION ABOUT HOW THE PUBLIC MAY CONTACT EACH DEPARTMENT AND AGENCY
FOR FURTHER INFORMATION.
S 2. Section 23 of the state finance law is amended by adding a new
subdivision 7 to read as follows:
7. NOTIFICATION. INFORMATION REQUIRED BY SUBDIVISIONS ONE, THREE,
FIVE, EIGHT, NINE, TEN, ELEVEN, AND THIRTEEN OF SECTION TWENTY-TWO OF
THIS ARTICLE SHALL BE REVISED TO REFLECT LEGISLATIVE ACTION ON THE EXEC-
UTIVE BUDGET AND SHALL BE PRESENTED TO THE LEGISLATURE AND THE PUBLIC
WITHIN THIRTY DAYS OF FINAL LEGISLATIVE ACTION ON APPROPRIATION BILLS,
NOT INCLUDING ANY DEFICIENCY OR SUPPLEMENTARY APPROPRIATION BILLS.
S 3. The state finance law is amended by adding a new section 28 to
read as follows:
S 28. PUBLIC ACCESS TO BUDGET INFORMATION. THE GOVERNOR SHALL CAUSE TO
BE MADE READILY AVAILABLE TO THE LEGISLATURE AND THE PUBLIC IN ELECTRON-
IC FORM, ALL PUBLIC DOCUMENTS PERTAINING TO THE BUDGET PROCESS, INCLUD-
ING BUT NOT LIMITED TO THE EXECUTIVE BUDGET DOCUMENT, ALL APPROPRIATION
BILLS AND THIRTY-DAY AMENDMENTS.
S 4. The state finance law is amended by adding a new section 22-d to
read as follows:
S 22-D. PUBLIC HEARINGS. IN PREPARATION OF THE EXECUTIVE BUDGET, THE
DIVISION OF THE BUDGET NO LATER THAN DECEMBER FIRST OF EACH YEAR, SHALL
CONDUCT PUBLIC HEARINGS AT WHICH THE HEAD OF EACH DEPARTMENT, DIVISION
AND OFFICE SHALL TESTIFY WITH REGARD TO ITS PROPOSED BUDGET FOR THE
ENSUING FISCAL YEAR. THE CHAIRS OR DESIGNATED STAFF OF THE SENATE
FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE SHALL
RECEIVE COPIES OF SUCH BUDGET PROPOSALS PRIOR TO THE HEARING AND SHALL
BE ENTITLED TO PARTICIPATE AND TO MAKE INQUIRIES CONCERNING ANY PART OF
THE PROPOSED BUDGET OF SUCH DEPARTMENT, DIVISION AND OFFICE. THE PUBLIC
MAY BE INVITED TO TESTIFY AT SUCH HEARINGS.
S 5. This act shall take effect immediately.