Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 15, 2018 |
opinion referred to judiciary |
Jan 12, 2018 |
to attorney-general for opinion |
Jan 03, 2018 |
referred to judiciary |
Senate Bill S7084
2017-2018 Legislative Session
Sponsored By
(D) 27th Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
Actions
2017-S7084 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Constitution, Concurrent Resolutions to Amend
- Laws Affected:
- Add Art 7 §20, Constn
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S6297
2019-2020: S2319
2021-2022: S2950
2017-S7084 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7084 SPONSOR: KAVANAGH TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 7 of the constitution, in relation to the diversion of dedi- cated funds PURPOSE: Prohibits the diversion of revenue from dedicated funds for purposes other than that for which the fund was created, except in cases of fiscal emergency. SUMMARY OF PROVISIONS: Section 1 adds a new Section 20 to Article 7 of the State Constitution that restricts the diversion of revenues from dedicated funds for purposes other than their intended use. The section provides for excep- tion to the prohibition in cases in which the Governor declares a fiscal
2017-S7084 (ACTIVE) - Bill Text download pdf
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
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