Assembly Bill A8371A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8371--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 12, 2017
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Ways and Means -- recommitted to the Committee on Ways and Means in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend  the state finance law, in relation to establishing a
   procedure for the implementation of a contingency budget
 
   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
 24-a to read as follows:
   § 24-A. CONTINGENCY BUDGET. 1. A CONTINGENCY BUDGET SHALL TAKE  EFFECT
 ON THE FIRST DAY OF THE FISCAL YEAR IN THE EVENT THE LEGISLATURE HAS NOT
 FINALLY ACTED UPON ALL THE APPROPRIATION BILLS SUBMITTED BY THE GOVERNOR
 FOR  SUCH  FISCAL YEAR AND SHALL BE SUFFICIENT FOR THE ONGOING OPERATION
 AND SUPPORT OF STATE GOVERNMENT AND LOCAL ASSISTANCE.  SUCH  CONTINGENCY
 BUDGET  SHALL  TAKE  EFFECT WITHOUT FURTHER ACTION BY THE LEGISLATURE OR
 THE GOVERNOR, AND SHALL REMAIN IN EFFECT UNTIL BOTH HOUSES OF THE LEGIS-
 LATURE PASS A SINGLE  MULTIPLE  APPROPRIATION  BILL  WHICH  ALTERS  SUCH
 CONTINGENCY  BUDGET.   PASSAGE BY BOTH HOUSES OF THE LEGISLATURE OF SUCH
 MULTIPLE APPROPRIATION BILL  SHALL  CONSTITUTE  THE  CONCLUSION  OF  THE
 CONTINGENCY PERIOD.
   2. THE CONTINGENCY BUDGET SHALL AUTHORIZE THE RENEWAL OF THE APPROPRI-
 ATIONS AND REAPPROPRIATIONS ENACTED FOR THE IMMEDIATELY PRECEDING FISCAL
 YEAR.  SUCH  APPROPRIATIONS  AND  REAPPROPRIATIONS,  IN  ADDITION TO ANY
 RELATED STATUTORY SPENDING AND REVENUE PROVISIONS IN EFFECT DURING  SUCH
 YEAR,  SHALL  REMAIN  IN  EFFECT  FOR THE SAME PERIOD AS THE CONTINGENCY
 BUDGET REMAINS EFFECTIVE.
   3. (A) THE AGGREGATE DISBURSEMENTS AUTHORIZED  BY  APPROPRIATIONS  AND
 REAPPROPRIATIONS  IN  THE  CONTINGENCY BUDGET FOR SUCH FISCAL YEAR SHALL
 NOT EXCEED AGGREGATE DISBURSEMENTS MADE  IN  THE  IMMEDIATELY  PRECEDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11655-03-8

 A. 8371--A                          2
 
 FISCAL  YEAR, PROVIDED FURTHER THAT DISBURSEMENTS AUTHORIZED BY INDIVID-
 UAL ITEMS OF APPROPRIATION AND REAPPROPRIATION IN THE CONTINGENCY BUDGET
 SHALL NOT EXCEED DISBURSEMENTS MADE FOR SUCH INDIVIDUAL ITEMS OF  APPRO-
 PRIATION  AND  REAPPROPRIATION IN THE IMMEDIATELY PRECEDING FISCAL YEAR,
 WITH THE FOLLOWING EXCEPTIONS:
   (I) PAYMENTS RELATED TO PUBLIC  ASSISTANCE  GRANTS  UNDER  THE  FAMILY
 ASSISTANCE,  SAFETY  NET  AND DISABILITY ASSISTANCE PROGRAMS ESTABLISHED
 PURSUANT TO CHAPTER FOUR HUNDRED THIRTY-SIX  OF  THE  LAWS  OF  NINETEEN
 HUNDRED  NINETY-SEVEN,  AND  FOR  EMERGENCY  ASSISTANCE FOR FAMILIES AND
 PAYMENTS FOR ELIGIBLE  AGED,  BLIND  AND  DISABLED  PERSONS  RELATED  TO
 SUPPLEMENTAL SECURITY INCOME;
   (II)  FEDERAL  FUNDS FOR WHICH RECEIPT WOULD BE JEOPARDIZED OR FEDERAL
 LAW WOULD BE VIOLATED IF SUBJECT TO SUCH DISBURSEMENT LIMITATION; AND
   (B) THE CONTINGENCY BUDGET SHALL NOT AUTHORIZE DISBURSEMENTS  FOR  THE
 CONTINGENCY PERIOD FOR ANY:
   (I)  SPENDING RELATED TO PRIOR YEAR APPROPRIATIONS OR REAPPROPRIATIONS
 FOR ITEMS WHICH WERE ONE-TIME OR NON-RECURRING IN NATURE; OR
   (II) NEW CONTRACTS THAT  ARE  NOT  FOR  THE  CONTINUATION  OF  ONGOING
 SERVICES OR CAPITAL PROJECTS; OR
   (III)  TREND FACTORS, COST OF LIVING ADJUSTMENTS OR OTHER RATE ADJUST-
 MENTS THAT WOULD OTHERWISE AUTOMATICALLY BECOME EFFECTIVE, EXCEPT  THOSE
 REQUIRED BY FEDERAL LAW.
   (C)  NO  LAW CHANGING THE EXCEPTIONS CONTAINED IN PARAGRAPH (A) OR (B)
 OF THIS SUBDIVISION MAY BECOME EFFECTIVE UNTIL THREE YEARS FROM THE DATE
 OF ITS ENACTMENT.
   4. IF, AFTER A CONTINGENCY BUDGET BECOMES EFFECTIVE, THE  DIRECTOR  OF
 BUDGET  PROJECTS  THAT  ANNUAL  RECEIPTS ARE INSUFFICIENT TO MEET ANNUAL
 DISBURSEMENTS UNDER THE CONTINGENCY BUDGET, UNIFORM REDUCTIONS SHALL  BE
 APPLIED  TO ALL DISBURSEMENTS OTHER THAN THOSE INCLUDED IN PARAGRAPH (A)
 OF SUBDIVISION THREE OF THIS SECTION IN ORDER TO ACHIEVE A BALANCED PLAN
 OF RECEIPTS AND DISBURSEMENTS. SUCH  REDUCTIONS  SHALL  BE  APPLIED  NOT
 LATER  THAN  THE THIRTIETH DAY THAT THE CONTINGENCY BUDGET IS IN EFFECT,
 EXCEPT WHERE FEDERAL OR OTHER NOTIFICATION IS REQUIRED TO  EFFECTUATE  A
 REDUCTION,  IN  WHICH CASE SUCH NOTIFICATION SHALL BE MADE NO LATER THAN
 THE THIRTIETH DAY AFTER THE CONTINGENCY BUDGET  IS  IN  EFFECT  AND  THE
 RELATED  REDUCTION  SHALL  TAKE EFFECT AS SOON THEREAFTER AS ALLOWED. NO
 REDUCTION IMPLEMENTED UNDER THIS SUBDIVISION SHALL ALTER ANY ELIGIBILITY
 PROVISION FOR ANY PROGRAM.
   § 2. This act shall take effect on  the  same  date  as  a  concurrent
 resolution amending the constitution, entitled "CONCURRENT RESOLUTION OF
 THE  SENATE  AND ASSEMBLY proposing amendments to articles IV and VII of
 the constitution, in relation to the submission of  the  budget  to  the
 legislature  by  the  Governor" as proposed in legislative bills numbers
 S.5999 and A.8351, takes effect.