NY State Senate Bill 2015-S5741A

Senate Bill S5741A

2015-2016 Legislative Session

Requires the governor to submit to the legislature and make available to the public evaluations of proposed and enacted state expenditure decreases

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 14, 2016	print number 5741a
Jan 14, 2016	amend and recommit to finance
Jan 06, 2016	referred to finance
Jun 01, 2015	referred to finance

Bill Amendments

Original

A (Active)

2015-S5741 - Details

See Assembly Version of this Bill:: A6737
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §21-a, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6048
2013-2014: A5969
2017-2018: S2277, A6265
2019-2020: A7314

2015-S5741 - Summary

Enacts the "procedure for informed evaluation of state expenditure decreases act of 2016" to require the governor to submit to the legislature and make available to the public evaluations of proposed and enacted state expenditure decreases.

2015-S5741 - Sponsor Memo

                                BILL NUMBER:S5741

TITLE OF BILL:

An act to amend the state finance law, in relation to establishing a
procedure for the informed evaluation of proposed and enacted state
expenditure decreases

PURPOSE:

The purpose of the bill is to require that the Governor submit to the
legislature and make available to the public evaluations of proposed
and enacted state expenditure decreases.

SUMMARY OF PROVISIONS:

The bill amends the state finance law by adding a new section 21-a
that directs the Governor to submit to the chairman of the Senate
Finance Committee and the chairman of the Assembly Ways and Means
Committee for use of such committees, and provide the Legislature and
public the following information: (a) at or prior to the time the
budget is submitted, an evaluation of direct and indirect economic,
social and environmental impacts of any decrease in the level of
appropriation from the previous year for any state program, activity
or assistance, for local government assistance or for a public purpose
by a nonprofit organization supported, in whole or in part, by state

funds, and (b) not less than 45 days before the implementation of the
impoundment of appropriated funds and/or lay off of state employees
affecting directly or indirectly any state program, activity or
assistance, for local government assistance or for a public purpose by
a nonprofit organization supported, in whole or in part, by state
funds of this section of direct and indirect economic, social and
environmental impacts thereof. Evaluation of decreases or elimination
of state expenditures shall include but not be limited to:

a. Identification of whether such state expenditure would have been
used for a statutory mandated purpose, description of such purpose and
estimate of financial return from such funding:

b. Identification of whether such state expenditure would have been
used for un-mandated service;

c. Identification of whether there has been or would be a revenue
generator multiplier greater than the amount of the state expenditure;

d. Identification of the cost to the state, municipalities and/or
private sources, if any, that may result from the decrease in state
funding or employees including the loss of matching funds from sources
outside state government. In estimating such cost, consideration shall
be taken of the ability of the affected state units and their ability
to sustain the cuts and loss, if any, of revenue to the state or
municipalities or from the multiplier effect on the private sector;

e. Identification of estimated net benefit to the state treasury of
decreases or elimination of state expenditures and/or lay off of state
employees.


Not less than 20 days before such evaluation is submitted to the
legislature, the governor shall cause to be held a public hearing
available by webcast on the proposed decrease in state expenditure
and/or lay off with the opportunity provided to the public for comment
by e-mail. The record and a response to such hearing shall be included
with. The submittal to the evaluation to the legislature and shall be
available to the public.

JUSTIFICATION:

Currently, the state budget is done in such a way as that during a
volatile economic time decisions are made to cut or impound
expenditures, eliminate or downsize programs and/or lay-off state
employees without the Legislature being presented an adequate
evaluation of the consequences of such actions. In order to allow the
Legislature to make the most informed decision possible regarding
budget cuts, this bill would create an analytical process to be made
available to the public when a decrease in state expenditure from
funds appropriated in the immediate previous state budget is proposed
in a state budget bill, or before a reduction in expenditure or
lay-off of state employees is imposed during the implementation of an
enacted state budget.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5741 - Bill Text download pdf

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

                                  5741

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 1, 2015
                               ___________

Introduced  by  Sen.  MURPHY -- 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  establishing  a
  procedure  for  the  informed evaluation of proposed and enacted state
  expenditure decreases

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "procedure for informed evaluation of  state  expenditure  decreases
act of 2015".
  S 2. Legislative findings. The legislature finds that the expenditures
of  state  funds  for  operations, maintenance, programs, activities and
assistance have significant and complex impacts on the economic,  social
and  environmental  conditions  in  both the public and private sectors.
Federal funding and matching funds from municipal and  private  sources,
for  example, can be affected by changes in levels of state expenditures
and negative secondary impacts from cuts like the  failure  to  maintain
state  property  can damage the health, safety and welfare of the people
and economy of the state.
  The legislature further finds that during  a  volatile  economic  time
decisions are made to cut or impound expenditures, eliminate or downsize
programs  and/or  lay off state employees without adequate evaluation of
the consequences thereof.
  Therefore, the legislature declares that an analytical process  should
be  required and information therefrom should be available to the public
when a decrease in state expenditure  from  funds  appropriated  in  the
immediate  previous  state budget is proposed in a state budget bill, or
before a reduction in expenditure or  lay  off  of  state  employees  is
imposed during the implementation of an enacted state budget.
  S  3. The state finance law is amended by adding a new section 21-a to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10100-01-5

S. 5741                             2

  S 21-A. INFORMED EVALUATION OF STATE  EXPENDITURE  DECREASES.  1.  THE
GOVERNOR  SHALL  SUBMIT  TO THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE
AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS  COMMITTEE  FOR  USE  OF
SUCH  COMMITTEES,  AND  PROVIDE THE LEGISLATURE AND THE PUBLIC FOR THEIR
INFORMATION,  (A)  AT  OR  PRIOR TO THE TIME THE BUDGET IS SUBMITTED, AN
EVALUATION PURSUANT TO SUBDIVISION TWO OF THIS SECTION OF THE DIRECT AND
INDIRECT ECONOMIC, SOCIAL AND ENVIRONMENTAL IMPACTS OF ANY  DECREASE  IN
THE  AMOUNT  OF  THE APPROPRIATION FROM THE PREVIOUS FISCAL YEAR FOR ANY
STATE PROGRAM, ACTIVITY OR ASSISTANCE, FOR LOCAL  GOVERNMENT  ASSISTANCE
OR  FOR  A PUBLIC PURPOSE BY A NOT-FOR-PROFIT ORGANIZATION SUPPORTED, IN
WHOLE OR IN PART, BY STATE FUNDS, AND (B) NOT LESS THAN FORTY-FIVE  DAYS
BEFORE  THE  IMPLEMENTATION  OF  THE  IMPOUNDMENT  OF APPROPRIATED FUNDS
AND/OR LAYOFF OF STATE EMPLOYEES AFFECTING, DIRECTLY OR INDIRECTLY,  ANY
STATE  PROGRAM,  ACTIVITY OR ASSISTANCE, FOR LOCAL GOVERNMENT ASSISTANCE
OR FOR A PUBLIC PURPOSE BY A NOT-FOR-PROFIT ORGANIZATION  SUPPORTED,  IN
WHOLE  OR IN PART, BY STATE FUNDS, AN EVALUATION PURSUANT TO SUBDIVISION
TWO OF THIS SECTION OF THE DIRECT  AND  INDIRECT  ECONOMIC,  SOCIAL  AND
ENVIRONMENTAL IMPACTS THEREOF.
  2.  AN  EVALUATION  OF  DECREASES OR ELIMINATION OF STATE EXPENDITURES
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) IDENTIFICATION OF WHETHER SUCH STATE EXPENDITURE WOULD  HAVE  BEEN
USED FOR A STATUTORY MANDATED PURPOSE, A DESCRIPTION OF SUCH PURPOSE AND
AN ESTIMATE OF FINANCIAL RETURN FROM SUCH FUNDING;
  (B)  IDENTIFICATION  OF WHETHER SUCH STATE EXPENDITURE WOULD HAVE BEEN
USED FOR A NON-MANDATED SERVICE;
  (C) IDENTIFICATION OF WHETHER THERE HAS BEEN OR  WOULD  BE  A  REVENUE
GENERATOR MULTIPLIER GREATER THAN THE AMOUNT OF THE STATE EXPENDITURE;
  (D)  IDENTIFICATION  OF  THE  COST TO THE STATE, MUNICIPALITIES AND/OR
PRIVATE SOURCES, IF ANY, THAT MAY RESULT  FROM  THE  DECREASE  IN  STATE
FUNDING  OR EMPLOYEES, INCLUDING THE LOSS OF MATCHING FUNDS FROM SOURCES
OUTSIDE STATE GOVERNMENT. IN ESTIMATING SUCH COST,  CONSIDERATION  SHALL
BE TAKEN OF THE ABILITY OF THE AFFECTED STATE UNITS AND THEIR ABILITY TO
SUSTAIN  THE  CUTS  AND LOSS, IF ANY, OF REVENUE TO THE STATE OR MUNICI-
PALITIES OR FROM THE MULTIPLIER EFFECT ON THE PRIVATE SECTOR; AND
  (E) IDENTIFICATION OF THE ESTIMATED NET BENEFIT TO THE STATE  TREASURY
OF  DECREASES  OR ELIMINATION OF STATE EXPENDITURES AND/OR THE LAYOFF OF
STATE EMPLOYEES.
  3. NOT LESS THAN TWENTY DAYS BEFORE SUCH EVALUATION  IS  SUBMITTED  TO
THE  LEGISLATURE,  THE  GOVERNOR SHALL CAUSE TO BE HELD A PUBLIC HEARING
AVAILABLE BY INTERNET WEBCAST ON THE PROPOSED DECREASE IN STATE EXPENDI-
TURE AND/OR LAYOFF WITH THE  OPPORTUNITY  PROVIDED  TO  THE  PUBLIC  FOR
COMMENT  BY ELECTRONIC MAIL. THE RECORD OF AND RESPONSES TO SUCH HEARING
SHALL BE INCLUDED WITH THE SUBMITTAL OF THE EVALUATION TO  THE  LEGISLA-
TURE AND SHALL BE AVAILABLE TO THE PUBLIC.
  S 4. This act shall take effect immediately.

2015-S5741A (ACTIVE) - Details

See Assembly Version of this Bill:: A6737
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §21-a, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6048
2013-2014: A5969
2017-2018: S2277, A6265
2019-2020: A7314

2015-S5741A (ACTIVE) - Summary

2015-S5741A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5741A

 TITLE OF BILL :  An act to amend the state finance law, in relation
to establishing a procedure for the informed evaluation of proposed
and enacted state expenditure decreases

 PURPOSE :

The purpose of the bill is to require that the Governor submit to the
legislature and make available to the public evaluations of proposed
and enacted state expenditure decreases.

 SUMMARY OF PROVISIONS :

The bill amends the state finance law by adding a new section 21-a
that directs the Governor to submit to the chairman of the Senate
Finance Committee and the chairman of the Assembly Ways and Means
Committee for use of such committees, and provide the Legislature and
public the following information: (a) at or prior to the time the
budget is submitted, an evaluation of direct and indirect economic,
social and environmental impacts of any decrease in the level of
appropriation from the previous year for any state program, activity
or assistance, for local government assistance or for a public purpose
by a nonprofit organization supported, in whole or in part, by state
funds, and (b) not less than 45 days before the implementation of the
impoundment of appropriated funds and/or lay off of state employees

affecting directly or indirectly any state program, activity or
assistance, for local government assistance or for a public purpose by
a nonprofit organization supported, in whole or in part, by state
funds of this section of direct and indirect economic, social and
environmental impacts thereof. Evaluation of decreases or elimination
of state expenditures shall include but not be limited to:

a. Identification of whether such state expenditure would have been
used for a statutory mandated purpose, description of such purpose and
estimate of financial return from such funding:

b. Identification of whether such state expenditure would have been
used for un-mandated service;

c. Identification of whether there has been or would be a revenue
generator multiplier greater than the amount of the state expenditure;

d. Identification of the cost to the state, municipalities and/or
private sources, if any, that may result from the decrease in state
funding or employees including the loss of matching funds from sources
outside state government. In estimating such cost, consideration shall
be taken of the ability of the affected state units and their ability
to sustain the cuts and loss, if any, of revenue to the state or
municipalities or from the multiplier effect on the private sector;

e. Identification of estimated net benefit to the state treasury of
decreases or elimination of state expenditures and/or lay off of state
employees.

Not less than 20 days before such evaluation is submitted to the
legislature, the governor shall cause to be held a public hearing
available by webcast on the proposed decrease in state expenditure
and/or lay off with the opportunity provided to the public for comment
by e-mail. The record and a response to such hearing shall be included
with. The submittal to the evaluation to the legislature and shall be
available to the public.

 JUSTIFICATION :


Currently, the state budget is done in such a way as that during a
volatile economic time decisions are made to cut or impound
expenditures, eliminate or downsize programs and/or lay-off state
employees without the Legislature being presented an adequate
evaluation of the consequences of such actions. In order to allow the
Legislature to make the most informed decision possible regarding
budget cuts, this bill would create an analytical process to be made
available to the public when a decrease in state expenditure from
funds appropriated in the immediate previous state budget is proposed
in a state budget bill, or before a reduction in expenditure or
lay-off of state employees is imposed during the implementation of an
enacted state budget.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

Minimal

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S5741A (ACTIVE) - Bill Text download pdf

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

                                 5741--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 1, 2015
                               ___________

Introduced  by  Sen.  MURPHY -- 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 establishing a
  procedure for the informed evaluation of proposed  and  enacted  state
  expenditure decreases

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the  "procedure  for  informed evaluation of state expenditure decreases
act of 2016".
  S 2. Legislative findings. The legislature finds that the expenditures
of state funds for operations,  maintenance,  programs,  activities  and
assistance  have significant and complex impacts on the economic, social
and environmental conditions in both the  public  and  private  sectors.
Federal  funding  and matching funds from municipal and private sources,
for example, can be affected by changes in levels of state  expenditures
and  negative  secondary  impacts from cuts like the failure to maintain
state property can damage the health, safety and welfare of  the  people
and economy of the state.
  The  legislature  further  finds  that during a volatile economic time
decisions are made to cut or impound expenditures, eliminate or downsize
programs and/or lay off state employees without adequate  evaluation  of
the consequences thereof.
  Therefore,  the legislature declares that an analytical process should
be required and information therefrom should be available to the  public
when  a  decrease  in  state  expenditure from funds appropriated in the
immediate previous state budget is proposed in a state budget  bill,  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10100-02-6

S. 5741--A                          2

before  a  reduction  in  expenditure  or  lay off of state employees is
imposed during the implementation of an enacted state budget.
  S  3. The state finance law is amended by adding a new section 21-a to
read as follows:
  S 21-A. INFORMED EVALUATION OF STATE  EXPENDITURE  DECREASES.  1.  THE
GOVERNOR  SHALL  SUBMIT  TO THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE
AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS  COMMITTEE  FOR  USE  OF
SUCH  COMMITTEES,  AND  PROVIDE THE LEGISLATURE AND THE PUBLIC FOR THEIR
INFORMATION, (A) AT OR PRIOR TO THE TIME THE  BUDGET  IS  SUBMITTED,  AN
EVALUATION PURSUANT TO SUBDIVISION TWO OF THIS SECTION OF THE DIRECT AND
INDIRECT  ECONOMIC,  SOCIAL AND ENVIRONMENTAL IMPACTS OF ANY DECREASE IN
THE AMOUNT OF THE APPROPRIATION FROM THE PREVIOUS FISCAL  YEAR  FOR  ANY
STATE  PROGRAM,  ACTIVITY OR ASSISTANCE, FOR LOCAL GOVERNMENT ASSISTANCE
OR FOR A PUBLIC PURPOSE BY A NOT-FOR-PROFIT ORGANIZATION  SUPPORTED,  IN
WHOLE  OR IN PART, BY STATE FUNDS, AND (B) NOT LESS THAN FORTY-FIVE DAYS
BEFORE THE IMPLEMENTATION  OF  THE  IMPOUNDMENT  OF  APPROPRIATED  FUNDS
AND/OR  LAYOFF OF STATE EMPLOYEES AFFECTING, DIRECTLY OR INDIRECTLY, ANY
STATE PROGRAM, ACTIVITY OR ASSISTANCE, FOR LOCAL  GOVERNMENT  ASSISTANCE
OR  FOR  A PUBLIC PURPOSE BY A NOT-FOR-PROFIT ORGANIZATION SUPPORTED, IN
WHOLE OR IN PART, BY STATE FUNDS, AN EVALUATION PURSUANT TO  SUBDIVISION
TWO  OF  THIS  SECTION  OF  THE DIRECT AND INDIRECT ECONOMIC, SOCIAL AND
ENVIRONMENTAL IMPACTS THEREOF.
  2. AN EVALUATION OF DECREASES OR  ELIMINATION  OF  STATE  EXPENDITURES
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  IDENTIFICATION  OF WHETHER SUCH STATE EXPENDITURE WOULD HAVE BEEN
USED FOR A STATUTORY MANDATED PURPOSE, A DESCRIPTION OF SUCH PURPOSE AND
AN ESTIMATE OF FINANCIAL RETURN FROM SUCH FUNDING;
  (B) IDENTIFICATION OF WHETHER SUCH STATE EXPENDITURE WOULD  HAVE  BEEN
USED FOR A NON-MANDATED SERVICE;
  (C)  IDENTIFICATION  OF  WHETHER  THERE HAS BEEN OR WOULD BE A REVENUE
GENERATOR MULTIPLIER GREATER THAN THE AMOUNT OF THE STATE EXPENDITURE;
  (D) IDENTIFICATION OF THE COST TO  THE  STATE,  MUNICIPALITIES  AND/OR
PRIVATE  SOURCES,  IF  ANY,  THAT  MAY RESULT FROM THE DECREASE IN STATE
FUNDING OR EMPLOYEES, INCLUDING THE LOSS OF MATCHING FUNDS FROM  SOURCES
OUTSIDE  STATE  GOVERNMENT. IN ESTIMATING SUCH COST, CONSIDERATION SHALL
BE TAKEN OF THE ABILITY OF THE AFFECTED STATE UNITS AND THEIR ABILITY TO
SUSTAIN THE CUTS AND LOSS, IF ANY, OF REVENUE TO THE  STATE  OR  MUNICI-
PALITIES OR FROM THE MULTIPLIER EFFECT ON THE PRIVATE SECTOR; AND
  (E)  IDENTIFICATION OF THE ESTIMATED NET BENEFIT TO THE STATE TREASURY
OF DECREASES OR ELIMINATION OF STATE EXPENDITURES AND/OR THE  LAYOFF  OF
STATE EMPLOYEES.
  3.  NOT  LESS  THAN TWENTY DAYS BEFORE SUCH EVALUATION IS SUBMITTED TO
THE LEGISLATURE, THE GOVERNOR SHALL CAUSE TO BE HELD  A  PUBLIC  HEARING
AVAILABLE BY INTERNET WEBCAST ON THE PROPOSED DECREASE IN STATE EXPENDI-
TURE  AND/OR  LAYOFF  WITH  THE  OPPORTUNITY  PROVIDED TO THE PUBLIC FOR
COMMENT BY ELECTRONIC MAIL. THE RECORD OF AND RESPONSES TO SUCH  HEARING
SHALL  BE  INCLUDED WITH THE SUBMITTAL OF THE EVALUATION TO THE LEGISLA-
TURE AND SHALL BE AVAILABLE TO THE PUBLIC.
  S 4. This act shall take effect immediately.

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