Bill Text: NY S01892 | 2011-2012 | General Assembly | Introduced

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Bill Title: Places limitations on the amount of money that the governor may propose to spend in a given fiscal year.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Engrossed - Dead) 2012-02-08 - OPINION REFERRED TO JUDICIARY [S01892 Detail]

Download: New_York-2011-S01892-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1892
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2011
                                      ___________
       Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Finance
                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
       proposing an amendment to article 7 of the constitution, in relation  to
         limiting  the  growth  on  New York state disbursements and creating a
         revenue stabilization tax reduction and debt repayment fund; repealing
         section 17 of article 7 of the constitution  relating  to  authorizing
         the  establishment of a fund to aid in the stabilization of tax reven-
         ues
    1    Section 1. Resolved (if the Assembly concur), That article  7  of  the
    2  constitution be amended by adding a new section 7-a to read as follows:
    3    S  7-A.  1. EXCEPT IN THE CASE OF AN EMERGENCY, THE GOVERNOR SHALL NOT
    4  SUBMIT ANY APPROPRIATION BILL OR BILLS, NOR SHALL  THE  LEGISLATURE  ACT
    5  UPON  ANY  SUCH APPROPRIATION BILL OR SUPPLEMENTAL APPROPRIATION BILL OR
    6  BILLS FOR THE SUPPORT OF GOVERNMENT WHICH AUTHORIZE AN INCREASE IN TOTAL
    7  STATE SPENDING OVER THE PRECEDING STATE FISCAL YEAR WHICH IS  IN  EXCESS
    8  OF THE PRODUCT OF THE TOTAL STATE SPENDING FOR THE PRECEDING FISCAL YEAR
    9  AND  THE  LESSER  OF ONE HUNDRED TWENTY PERCENT OF THE INFLATION RATE OR
   10  TWO PERCENT.
   11    2. UPON A FINDING AND DECLARATION OF AN EMERGENCY BY THE GOVERNOR WITH
   12  CONCURRENCE OF THE COMPTROLLER, THE GOVERNOR MAY SUBMIT AN APPROPRIATION
   13  BILL OR BILLS WHICH AUTHORIZE TOTAL STATE  SPENDING  IN  EXCESS  OF  THE
   14  LIMITATION PROVIDED IN SUBDIVISION ONE OF THIS SECTION.
   15    3. FOR PURPOSES OF THIS SECTION:
   16    A.  "TOTAL  STATE  SPENDING"  SHALL  MEAN ALL STATE FUNDS, WHICH SHALL
   17  CONSTITUTE: (I) GENERAL FUNDS; (II) SPECIAL REVENUE FUNDS; (III) CAPITAL
   18  PROJECT FUNDS; (IV) DEBT SERVICE FUNDS.
   19    B. "INFLATION RATE" SHALL MEAN THE ANNUAL  PERCENTAGE  CHANGE  IN  THE
   20  CONSUMER  PRICE  INDEX,  ALL  URBAN, AS PUBLISHED BY THE BUREAU OF LABOR
   21  STATISTICS, OR ANY SUCCESSOR AGENCY, FOR THE PREVIOUS TWELVE MONTH PERI-
   22  OD ENDING OCTOBER THIRTY-FIRST.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
       S                                                          LBD89094-02-1
       S. 1892                             2
    1    C. "EMERGENCY" SHALL MEAN AN EXTRAORDINARY, UNFORESEEN  OR  UNEXPECTED
    2  OCCURRENCE  OR COMBINATION OF CIRCUMSTANCES IN A GIVEN FISCAL YEAR WHICH
    3  REQUIRES IMMEDIATE AND SUDDEN FISCAL ACTION OF A DRASTIC  BUT  TEMPORARY
    4  NATURE.
    5    S  2.  Resolved (if the Assembly concur), That section 17 of article 7
    6  of the constitution be REPEALED and a new section 17 be added to read as
    7  follows:
    8    S 17.  IN ANY STATE FISCAL YEAR IF TOTAL STATE REVENUES ARE IN  EXCESS
    9  OF  THE STATE SPENDING LIMITATION PURSUANT TO SUBDIVISION ONE OF SECTION
   10  SEVEN-A OF THIS ARTICLE, ONE-HALF OF THE  REVENUES  IN  EXCESS  OF  SUCH
   11  STATE  SPENDING  LIMITATION MUST BE DEPOSITED INTO THE TAX STABILIZATION
   12  RESERVE FUND. THE REMAINDER SHALL  BE  RETURNED  TO  NEW  YORK  RESIDENT
   13  TAXPAYERS IN PROPORTION TO PERSONAL INCOME TAX LIABILITY.
   14    S  3. Resolved (if the Assembly concur), That the foregoing amendments
   15  be referred to the first regular legislative session convening after the
   16  next succeeding general election of members of  the  assembly,  and,  in
   17  conformity  with  section  1  of  article  19  of  the  constitution, be
   18  published for 3 months previous to the time of such election.