S T A T E O F N E W Y O R K
________________________________________________________________________
1833
2017-2018 Regular Sessions
I N A S S E M B L Y
January 13, 2017
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Introduced by M. of A. McLAUGHLIN -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the state finance law, in relation to capping state
spending
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section 28
to read as follows:
§ 28. ESTABLISHMENT OF ANNUAL SPENDING CAP. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THERE IS HEREBY ESTABLISHED A
STATE OPERATING FUNDS STATE SPENDING CAP. COMMENCING THE FIRST STATE
FISCAL YEAR AFTER THIS SECTION SHALL HAVE BECOME A LAW STATE OPERATING
FUNDS SPENDING SHALL BE CAPPED AT THE RATE OF INFLATION, AS AVERAGED
OVER THE PRIOR THREE YEARS.
2. THE GOVERNOR SHALL NOT SUBMIT, AND THE LEGISLATURE SHALL NOT ACT
UPON, A BUDGET THAT CONTAINS ANY INCREASE NOT IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
3. THE GOVERNOR SHALL CERTIFY IN WRITING THAT STATE OPERATING FUNDS
SPENDING IN THE EXECUTIVE BUDGET DOES NOT EXCEED THE PROVISIONS OF
SUBDIVISION ONE OF THIS SECTION.
4. THE COMPTROLLER SHALL PROVIDE, WITHIN FIVE DAYS OF ACTION BY THE
LEGISLATURE UPON THE BUDGET, A DETERMINATION AS TO WHETHER THE STATE
OPERATING FUNDS SPENDING AS SET FORTH IN THE STATE BUDGET AS ENACTED
EXCEEDS THE SPENDING CAP.
5. IF THE COMPTROLLER FINDS THAT STATE OPERATING FUNDS SPENDING AS SET
FORTH IN THE STATE BUDGET AS ENACTED EXCEEDS THE SPENDING CAP, THE
LEGISLATURE SHALL TAKE CORRECTIVE ACTION TO ENSURE THAT FUNDING IS
LIMITED TO THE AMOUNT OF THE SPENDING CAP.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04294-01-7