Bill Text: NY A05334 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Enacts the "over-expenditure, under-expenditure, transfer notification (OUT) act" to provide for the use of surplus appropriated funds and over-expenditure approval.

Spectrum: Partisan Bill (Republican 23-0)

Status: (Introduced - Dead) 2012-06-19 - held for consideration in ways and means [A05334 Detail]

Download: New_York-2011-A05334-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3323                                                  A. 5334
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   February 16, 2011
                                      ___________
       IN  SENATE -- Introduced by Sen. BALL -- read twice and ordered printed,
         and when printed to be committed to the Committee on Finance
       IN ASSEMBLY -- Introduced by M. of A. TEDISCO -- read once and  referred
         to the Committee on Ways and Means
       AN  ACT  to  amend  the  state  finance law, in relation to enacting the
         "over-expenditure, under-expenditure, transfer notification (OUT) act"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  This act shall be known and may be cited as the "over-ex-
    2  penditure, under-expenditure, transfer notification (OUT) act".
    3    S 2. The state finance law is amended by adding a new section 53-e  to
    4  read as follows:
    5    S  53-E.  SURPLUS  APPROPRIATED FUNDS; OVER-EXPENDITURE APPROVAL.   1.
    6  DEFINITIONS. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE
    7  THE FOLLOWING MEANINGS:
    8    A. "STATE AGENCY" SHALL MEAN  ANY  STATE  DEPARTMENT,  BOARD,  BUREAU,
    9  DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPO-
   10  RATION,  COUNCIL,  OFFICE,  OR  OTHER  GOVERNMENTAL  ENTITY PERFORMING A
   11  GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE; AND
   12    B. "SURPLUS APPROPRIATED FUNDS" SHALL MEAN THE AMOUNT OF FUNDS  APPRO-
   13  PRIATED TO A STATE AGENCY IN A FISCAL YEAR REDUCED BY THE TOTAL EXPENDI-
   14  TURES  BY  SUCH  STATE  AGENCY FOR SUCH FISCAL YEAR, BUT SUCH TERM SHALL
   15  ONLY APPLY TO AMOUNTS OF FUNDS GREATER THAN ZERO.
   16    2. SURPLUS APPROPRIATED FUNDS. A. NOTWITHSTANDING ANY OTHER  PROVISION
   17  OF  LAW,  ANY STATE AGENCY WHICH ON APRIL FIRST HAS SURPLUS APPROPRIATED
   18  FUNDS SHALL, ON OR BEFORE APRIL  FIFTEENTH  OF  SUCH  YEAR,  NOTIFY  THE
   19  GOVERNOR,  THE  COMPTROLLER  AND  THE  LEGISLATURE  THAT SUCH AGENCY HAS
   20  SURPLUS APPROPRIATED FUNDS AND THE AMOUNT OF SUCH SURPLUS. UPON  RECEIPT
   21  OF SUCH NOTIFICATION, THE LEGISLATURE AND THE GOVERNOR MAY, ON OR BEFORE
   22  MAY  THIRTY-FIRST  OF  SUCH  YEAR, ENACT LEGISLATION PROVIDING THAT SUCH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08870-02-1
       S. 3323                             2                            A. 5334
    1  SURPLUS APPROPRIATED FUNDS MAY BE USED BY SUCH STATE  AGENCY  OR  TRANS-
    2  FERRED  TO  ANOTHER STATE AGENCY OR BOTH. SUCH LEGISLATION SHALL CLEARLY
    3  SET FORTH THE PARTICULAR PURPOSE OR  PURPOSES  FOR  WHICH  SUCH  SURPLUS
    4  APPROPRIATED FUNDS SHALL BE USED OR TRANSFERRED. ANY LEGISLATION ENACTED
    5  PURSUANT TO THIS SUBDIVISION SHALL CONTAIN A CONDITION THAT SUCH SURPLUS
    6  APPROPRIATED  FUNDS  SHALL  NOT BE USED AS SET FORTH IN SUCH LEGISLATION
    7  WITHOUT THE APPROVAL OF THE STATE COMPTROLLER.
    8    B. ON OR BEFORE JUNE THIRTIETH  OF  SUCH  YEAR,  THE  COMPTROLLER  MAY
    9  APPROVE  THE USE OR TRANSFER OF FUNDS PROVIDED FOR IN SUBDIVISION TWO OF
   10  THIS SECTION. IF THE COMPTROLLER FAILS TO APPROVE SUCH USE  OR  TRANSFER
   11  OF FUNDS BY JUNE THIRTIETH OF SUCH YEAR, SUCH SURPLUS APPROPRIATED FUNDS
   12  SHALL  BE TRANSFERRED TO THE GENERAL FUND AND SHALL BE USED FOR THE SOLE
   13  PURPOSE OF REDUCING DEBT OF THE STATE.
   14    C. ANY SURPLUS APPROPRIATED FUNDS FOR WHICH THE  LEGISLATURE  AND  THE
   15  GOVERNOR  FAIL TO ENACT LEGISLATION PROVIDING FOR THE USE OR TRANSFER OF
   16  SUCH FUNDS SHALL BE TRANSFERRED TO THE GENERAL FUND AND  SHALL  BE  USED
   17  FOR THE SOLE PURPOSE OF REDUCING DEBT OF THE STATE.
   18    3.  OVER-EXPENDITURE  APPROVAL. NOTWITHSTANDING ANY OTHER PROVISION OF
   19  LAW, ANY STATE AGENCY WHICH FOR ANY REASON INTENDS TO EXPEND  FUNDS  FOR
   20  ANY  PURPOSE IN ANY FISCAL YEAR IN AN AMOUNT GREATER THAN AMOUNTS APPRO-
   21  PRIATED TO SUCH AGENCY FOR  SUCH  FISCAL  YEAR,  SHALL,  PRIOR  TO  SUCH
   22  EXPENDITURE,  NOTIFY  THE  GOVERNOR, THE COMPTROLLER AND THE LEGISLATURE
   23  REGARDING SUCH INTENTION WITH A DETAILED EXPLANATION OF WHY SUCH EXPEND-
   24  ITURE IS NECESSARY. UPON RECEIPT OF SUCH NOTIFICATION,  THE  LEGISLATURE
   25  AND  THE  GOVERNOR  MAY ENACT LEGISLATION PROVIDING FOR AN APPROPRIATION
   26  FOR SUCH EXPENDITURE. SUCH  LEGISLATION  SHALL  CLEARLY  SET  FORTH  THE
   27  PARTICULAR PURPOSE OR PURPOSES FOR WHICH SUCH APPROPRIATION IS MADE. ANY
   28  LEGISLATION  ENACTED PURSUANT TO THIS SUBDIVISION SHALL CONTAIN A CONDI-
   29  TION THAT SUCH FUNDS SHALL NOT BE APPROPRIATED WITHOUT THE  APPROVAL  OF
   30  THE STATE COMPTROLLER.
   31    S 3. This act shall take effect immediately.