RETRIEVE BILL Bud Reform Stat Bill - 001
Legislative Bill Drafting Commission
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S. --------
SENATE
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IN SENATE--Introduced by Sen
--read twice and ordered printed,
and when printed to be committed
to the Committee on
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ASSEMBLY
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IN ASSEMBLY--Introduced by M. of A.
--read once and referred to the
Committee on
*LEGILA*
(Relates to legislative action on
the budget)
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St. Fin. legis action on budget
AN ACT
to amend the state finance law and
the legislative law, in relation to
legislative action on the budget
The People of the State of New
York, represented in Senate and
Assembly, do enact as follows:
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1 Section 1. Subdivision 6 of section 23 of the state finance law, as
2 added by chapter 309 of the laws of 1996, is amended to read as follows:
3 6. Consensus economic and revenue forecasting conference; report. (a)
4 In the month of March February in each year, prior to the report
5 required by paragraph (b) of this subdivision, the chairperson and rank-
6 ing minority member of the senate finance committee, the chairperson and
7 ranking minority member of the assembly ways and means committee and the
8 director of the budget shall jointly convene a consensus economic and
9 revenue forecasting conference in the form of a joint legislative-execu-
10 tive hearing, for the purpose of assisting the governor and the legisla-
11 ture in reaching the consensus revenue forecast required by paragraph
12 (b) of this subdivision. The conveners of the conference shall invite
13 such participants to the conference as shall, in their judgment, provide
14 guidance on the current conditions in, and probable outlook for the
15 performance of, the economy of the state, as well as the effect of such
16 conditions and such performance on state receipts.
17 (b) On or before March tenth first in each year, the director of the
18 budget and the secretary of the senate finance committee and the secre-
19 tary of the assembly ways and means committee shall issue a joint report
20 containing a consensus forecast of the economy and of receipts for the
21 current and the ensuing state fiscal year. The report shall include, but
22 shall not be limited to, the following information, presented on the
23 cash basis of accounting: expected tax receipts on an all-funds basis,
24 projected lottery receipts, and anticipated miscellaneous receipts to be
25 received in the general fund.
26 § 2. Subdivision 3 of section 92 of the state finance law, as sepa-
27 rately amended by chapters 405 and 957 of the laws of 1981, is amended
28 to read as follows:
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1 3. At the close of each fiscal year any cash surplus remaining in the
2 general fund over and above the norm for such fiscal year shall be
3 transferred from or retained in such fund as hereinafter in this subdi-
4 vision provided. There shall be transferred to the tax stabilization
5 reserve fund all of such surplus moneys, up to and including an amount
6 equivalent to two-tenths five-tenths of one per centum of such norm,
7 unless such transfer would increase such reserve fund to an amount in
8 excess of two five per centum of the amount of the norm for such
9 fiscal year, in which event such transfer shall be limited to such
10 amount as will increase such reserve fund to such two five per centum
11 limitation. Any balance of such surplus moneys, thereafter remaining in
12 the general fund, shall be retained in such fund and be available for
13 the reduction of state taxes.
14 § 3. The opening paragraph of section 54 of the legislative law is
15 designated subdivision 1 and a new subdivision 2 is added to read as
16 follows:
17 2. When both houses are in agreement and prepared to finally act on
18 the appropriation bills submitted by the governor in accordance with
19 article seven of the constitution, each house shall place on the desks
20 of its members a summary report preceding final action on such bills.
21 Such summary report shall be prepared by the division of the budget and
22 submitted to each house not later than forty-eight hours after receipt
23 of a joint letter from the secretary of the senate finance committee and
24 the secretary of the assembly ways and means committee that states that
25 both houses are in agreement and prepared to finally act on the appro-
26 priation bills and proposed legislation submitted by the governor in
27 accordance with article seven of the constitution. The secretary of the
28 senate finance committee and the secretary of the assembly ways and
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1 means committee shall furnish the division of the budget, concurrent
2 with the submission of the joint letter, sufficient information to
3 prepare the summary report required by this section, including the
4 appropriation bills and proposed legislation on which both houses are in
5 agreement and prepared to act. The summary report prepared by the divi-
6 sion of the budget shall be in such a form as to indicate that the budg-
7 et as amended provides that, for the general fund, the total of antic-
8 ipated disbursements, including transfers to other funds, is not greater
9 than the total of anticipated receipts, including transfers from other
10 funds, plus any balance available in such fund. The summary report shall
11 further describe the impact of proposed legislative amendments on the
12 receipt and disbursement estimates contained in the executive budget for
13 such fiscal year and for the succeeding two fiscal years. The summary
14 report shall be in such format as the division of the budget may deter-
15 mine.
16 § 4. The legislative law is amended by adding a new section 54-a to
17 read as follows:
18 § 54-a. Conference committees on the budget. On or before March first
19 in any year when the legislature shall have failed by such date to
20 finally act upon the appropriation bills submitted by the governor
21 pursuant to article seven of the constitution, the temporary president
22 of the senate and the speaker of the assembly shall jointly appoint and
23 charge one or more joint conference committees on the budget in accord-
24 ance with procedures set forth in permanent joint rules of the senate
25 and assembly.
26 In any year in which one or more such committees are appointed, each
27 committee shall issue its report on the budget not later than March
28 twenty-ninth.
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1 § 5. The legislative law is amended by adding a new section 54-b to
2 read as follows:
3 § 54-b. Votes on revenue actions of fifty million dollars or more. 1.
4 For the purpose of ascertaining when a vote by the legislature is
5 subject to the provisions of section twenty of article three of the
6 constitution, and for the purposes of this section, the term "tax or
7 other revenue source" refers to any tax, assessment, charge, fee or
8 similar levy imposed by the state, provided, however, that to the extent
9 that the following shall apply to any tax, assessment, charge, fee or
10 similar levy imposed by the state, they shall not be included within the
11 meaning of such term for such purpose:
12 a. A change in the date or dates of payment or for the remittance of
13 collections thereof by any agency of the state;
14 b. A change in the rate or rates of interest for payments or liabil-
15 ities which may be due and owed but have not been paid;
16 c. Any provision for penalties to be imposed against persons liable
17 for payment;
18 d. Provisions affecting or amending the authorization for collection,
19 administration and enforcement or procedures pertaining thereto;
20 e. An authorization for one or more municipalities to locally impose,
21 administer, or enforce a tax, assessment, charge, fee or other similar
22 levy; and
23 f. An extension of an existing or expired provision.
24 2. Prior to the consideration of any bill that would increase any
25 individual tax or other revenue item, the legislature and the governor
26 shall agree on a revenue estimate associated with such proposed increase
27 on a cash basis of accounting, for all governmental funds, if applica-
28 ble. The revenue estimate for each such proposed increase shall be esti-
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1 mated for the first full twelve month period such increase is to take
2 effect. In the case where such increase is proposed to remain in effect
3 for a period less than twelve months, the revenue estimate shall be
4 annualized. If the annual or annualized estimate of the increase so
5 agreed upon equals or exceeds fifty million dollars, such estimate shall
6 be conclusive with respect to the applicability of the requirements of
7 section twenty of article three of the constitution and shall not be
8 subject to judicial review. The legislature and the governor shall
9 jointly produce a report summarizing such estimates before the legisla-
10 ture shall act upon any bill containing any tax or other revenue item.
11 § 6. This act shall take effect immediately, provided, however, that
12 sections one, three and four of this act shall take effect April 1,
13 2000; section two of this act shall take effect three years after this
14 act shall have become a law; and section five of this act shall take
15 effect on the same date as a "CONCURRENT RESOLUTION OF THE SENATE AND
16 ASSEMBLY proposing an amendment to article 3 of the constitution, in
17 relation to requiring two-thirds assent of each house of the legislature
18 for the increase of revenues", takes effect.