Senate Bill S7084

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7084
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to article 7 of the constitution, in relation  to
   the diversion of dedicated funds

   Section  1.  Resolved  (if the Assembly concur), That article 7 of the
 constitution be amended by adding a new section 20 to read as follows:
   § 20. RESTRICTIONS ON DIVERSION OF  DEDICATED  FUNDS;  DECLARATION  OF
 FISCAL  EMERGENCY.  1. THE LEGISLATURE SHALL NOT DIVERT REVENUES DERIVED
 FROM TAXES AND FEES PAID BY THE  PUBLIC  INTO  ANY  DEDICATED  FUND  FOR
 PURPOSES  OTHER THAN THOSE FOR WHICH THAT FUND WAS INTENDED.  PROHIBITED
 DIVERSIONS SHALL INCLUDE, WITHOUT LIMITATION:
   (A) BUDGETARY TRANSFERS OF DEDICATED FUND REVENUES  INTO  THE  GENERAL
 FUND  OF  THE STATE OR INTO ANY OTHER FUND MAINTAINED FOR THE SUPPORT OF
 ANOTHER GOVERNMENTAL PURPOSE;
   (B) ADMINISTRATIVE ACTS BY THE EXECUTIVE THAT WOULD TRANSFER DEDICATED
 FUND REVENUES INTO THE GENERAL FUND OF THE STATE OR INTO ANY OTHER  FUND
 MAINTAINED FOR THE SUPPORT OF ANOTHER GOVERNMENTAL PURPOSE;
   (C) ADDITION, BY STATUTE OR ADMINISTRATIVE ACTION, OF NEW PURPOSES FOR
 WHICH  APPROPRIATION  SHALL  BE MADE AVAILABLE FOR USE OF DEDICATED FUND
 REVENUES, INCLUDING ADDITION OF NEW PURPOSES INTO DEDICATED FUND  ENACT-
 ING LEGISLATION; AND
   (D) REMOVAL, BY STATUTE OR ADMINISTRATIVE ACTION, OF SOURCES OF REVEN-
 UE  CREATED  BY  STATUTE, UNLESS REPLACED WITH A GREATER SOURCE OF DEDI-
 CATED REVENUE.
   2. THE ONLY INSTANCE IN WHICH DEDICATED REVENUES MAY BE DIVERTED SHALL
 BE UPON DECLARATION OF A FISCAL EMERGENCY BY THE GOVERNOR,  WHICH  SHALL
 BE ACCOMPANIED BY A DIVERSION IMPACT STATEMENT.
   (A)  A  FISCAL EMERGENCY MAY BE DECLARED BY THE GOVERNOR AND DIVERSION
 OF FUNDS MAY BE AUTHORIZED IF THE GOVERNOR NEEDS THE REVENUES  TO  REPEL
 INVASION, SUPPRESS INSURRECTION, DEFEND THE STATE AFTER A DECLARATION OF
 WAR,  RESPOND  TO AN ACT OF TERRORISM, OR RESPOND TO A NATURAL DISASTER.
 PRIOR TO DIVERTING REVENUES, THE GOVERNOR SHALL NOTIFY THE MAJORITY  AND
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89007-01-7

 S. 7084                             2
 
 MINORITY  LEADERSHIP  OF THE LEGISLATURE. THE DIVERSION IMPACT STATEMENT
 MAY BE PROVIDED RETROACTIVELY UNDER THESE CIRCUMSTANCES.
   (B)  NO  OTHER  DIVERSIONS  SHALL  BE  AUTHORIZED  UNTIL  THE GOVERNOR
 DECLARES A STATE OF FISCAL EMERGENCY TO THE MAJORITY AND MINORITY  LEAD-
 ERSHIP OF THE LEGISLATURE, WHICH SHALL, BY CONCURRENT RESOLUTION, RATIFY
 THIS  FISCAL  EMERGENCY  DECLARATION.  THE  ASSENT  OF TWO-THIRDS OF THE
 MEMBERS ELECTED TO THE LEGISLATURE  SHALL  BE  REQUISITE  TO  PASS  SUCH
 RESOLUTION  AND ANY LEGISLATIVE APPROPRIATIONS THAT AUTHORIZE THE DIVER-
 SION OF FUNDS.
   (C) IF ANY DIVERSION OF FUNDS OCCURS UPON DECLARATION OF FISCAL  EMER-
 GENCY  DURING A REGULAR OR EXTRAORDINARY SESSION OF THE LEGISLATURE, THE
 BUDGET OR LEGISLATION DIVERTING FUNDS SHALL INCLUDE A  DIVERSION  IMPACT
 STATEMENT WHICH INCLUDES THE FOLLOWING INFORMATION:
   (I) THE AMOUNT DIVERTED FROM EACH FUND;
   (II)  THE CUMULATIVE AMOUNT DIVERTED FROM EACH OF THE FUNDS SUBJECT TO
 DIVERSION DURING THE PRECEDING FIVE YEARS, WHICH SHALL ALSO BE  CATEGOR-
 IZED BY FUND TYPE;
   (III) THE DATE OR DATES WHEN THE DIVERSION OR DIVERSIONS ARE TO OCCUR;
   (IV)  A  DETAILED  ESTIMATE OF THE IMPACT OF DIVERSION FROM EACH FUND;
 AND
   (V) THE PURPOSE FOR WHICH THE FUNDS WILL BE DIVERTED.
   (D) THE DIVERSION IMPACT STATEMENT MAY BE PROVIDED RETROACTIVELY  UPON
 DECLARATION  OF  A FISCAL EMERGENCY UNDER THE CIRCUMSTANCES OF PARAGRAPH
 (A) OF  THIS  SUBDIVISION.  THE  DIVERSION  IMPACT  STATEMENT  SHALL  BE
 PROVIDED  CONCURRENTLY  WITH THE GOVERNOR'S FISCAL EMERGENCY DECLARATION
 AND PRIOR TO INTRODUCTION OF THE CONCURRENT  LEGISLATIVE  RESOLUTION  IF
 THE  FISCAL  EMERGENCY  IS  DECLARED  PURSUANT  TO PARAGRAPH (B) OF THIS
 SUBDIVISION.
   (E) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A FISCAL  EMER-
 GENCY  MAY  ONLY  BE  DECLARED  IF  CERTAIN ECONOMIC CONDITIONS ARE MET.
 THESE INDICATORS AND THE PROCESS FOR BRIEFING THE LEGISLATURE AND PUBLIC
 SHALL BE ESTABLISHED BY STATUTE. IF THE FISCAL EMERGENCY DECLARATION  IS
 MADE  BEFORE  PASSAGE  OF THE AFOREMENTIONED STATUTE, THE GOVERNOR SHALL
 USE THE COMPOSITE INDEX OF BUSINESS CYCLE INDICATORS ESTABLISHED  PURSU-
 ANT TO SECTION 14 OF CHAPTER 1 OF THE LAWS OF 2007.
   § 2. Resolved (if the Assembly concur), That the foregoing be referred
 to  the  first  regular  legislative  session  convening  after the next
 succeeding general election of members of the assembly, and, in conform-
 ity with section 1 of article 19 of the constitution, be published for 3
 months previous to the time of such election.