senate Bill S874A

2013-2014 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 Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Oct 09, 2013 print number 874a
amend and recommit to finance
Jan 09, 2013 referred to finance

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S874 - Bill Details

Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd §4, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3309A
2009-2010: S1114

S874 - Bill Texts

view summary

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

view 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.

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                    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

Co-Sponsors

S874A (ACTIVE) - Bill Details

Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd §4, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3309A
2009-2010: S1114

S874A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S874A

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 2011-12; Referred to Senate Finance

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 874--A

                       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
  --  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 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 FIFTEEN 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04608-02-3

S. 874--A                           2

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.

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