NY State Senate Bill 2011-S5921

Archive: Last Bill Status - In Assembly 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2012	referred to ways and means
Jan 09, 2012	delivered to assembly passed senate ordered to third reading cal.9 reported and committed to rules
Jan 04, 2012	referred to finance
Dec 02, 2011	referred to finance

Votes

- Jan 9, 2012 - Floor Vote
  S5921
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 9, 2012
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jan 9, 2012 - Rules Committee Vote
  S5921
  
  22
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 9, 2012
      
      aye (22)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      nay (2)
      
      Duane
      
      Parker
  Jan 9, 2012 - Finance Committee Vote
  S5921
  
  32
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jan 9, 2012
      
      aye (32)
      
      Alesi
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Perkins
      
      Rivera
      
      Robach
      
      Saland
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Young
      
      nay (1)
      
      Parker
      
      aye wr (2)
      
      Gianaris
      
      Peralta

co-Sponsors

View additional co-sponsors

2011-S5921 (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: State Finance
Laws Affected:: Amd Part BB §§12, 12-a & 13, Chap 58/2011

2011-S5921 (ACTIVE) - Summary

Relates to the administration of certain funds and accounts related to the 2011-2012 budget.

2011-S5921 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5921

TITLE OF BILL:
An act
to amend part BB of chapter 58 of the laws of 2011 providing for the
administration of certain funds and accounts related to the 2011-2012
budget, in relation to making technical corrections thereto

PURPOSE:
To bar the transfer of funds from any account contingent upon a
matching requirement for the receipt of federal revenues.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends sections 12, 12-1 and 13 of part BB of the
Article VII budget bill for Education, Labor and Family Assistance to
eliminate the authorization allowing the Director of the Budget to
transfer any unencumbered balance from any fund contingent upon a
matching requirement necessary for the receipt and expenditure of
federal funds.

Section 2 provides for an immediate effective date.

EXISTING LAW:
Chapter 58 of the laws of 2011 provided for the transfer of up to $575
million in unencumbered funds from any special revenue fund to the
general fund, and up to $38 million to the community projects fund.

However, transfers from federal funds, capital projects funds, debt
service funds or the community projects fund were exempted from this
authorization.

These transfers were authorized to provide up to $613 million in
budget support for SFY 2011-12.

JUSTIFICATION:
The enacted Education, Labor and Family Assistance budget bill
authorizes the Director of the Budget to transfer excess balances
over what is needed to cover encumbrances for the expenditure of
State receipts from special revenue funds such as the Conservation
Fund without limitation. An unintended consequence of Part BB of
Chapter 58 is that certain federal funds that New York is eligible
for use in this and future fiscal years that are tied to fund
balances in certain accounts or combination of accounts have been
placed at risk by the blanket transfer authorization. Of immediate
concern is the imminent loss of $9.13 million in federal
Dingell-Johnson Sport Fish Restoration Act funds and $11.22 million in
federal Pittman-Robertson Wildlife Restoration funds. The United
States Fish and Wildlife Service has notified the Department of
Environmental Conservation that, without a statutory change to the
budget transfer authorization, the State is at imminent risk of
losing these federal resources.

These two, and similarly structured, federal programs require a
guaranteed state matching requirement. The New York State
Conservation Fund balance serves as the match guarantee for the
Dingell-Johnson and Pittman-Robertson. Without enactment of this


legislation, New York will forfeit these and many other vital federal
resources.

This bill would ensure that these essential assets remain available
for the needs of the citizens of the State.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Maintenance of at least tens of millions of dollars in federal
receipts for the current fiscal year. None to state funds since
sufficient authorized unencumbered fund balances will remain to reach
the expressed budget targets.

LOCAL FISCAL IMPLICATIONS:
Failure of enactment of this bill will result in at least tens of
millions in federal dollars that will not flow to local jurisdictions
through Aid to Locality payments.

EFFECTIVE DATE:
Immediately and deemed to be in full effect as of the effective date
for part BB of Chapter 58 of the laws of 2011.

2011-S5921 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5921

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            December 2, 2011
                               ___________

Introduced  by  Sens. GRISANTI, GALLIVAN, BALL, MAZIARZ, YOUNG, RITCHIE,
  O'MARA -- read twice and ordered  printed,  and  when  printed  to  be
  committed to the Committee on Finance

AN  ACT to amend part BB of chapter 58 of the laws of 2011 providing for
  the administration of certain funds and accounts related to the  2011-
  2012 budget, in relation to making technical corrections thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Sections 12, 12-a, and 13 of part BB of chapter 58  of  the
laws  of  2011,  providing  for  the administration of certain funds and
accounts related to the 2011-2012 budget are amended to read as follows:
  S 12. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $500 million from the unencumbered balance of any special  revenue
fund  or  account,  or combination of funds and accounts, to the general
fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers  expressly  authorized  in  the  2011-12
budget. Transfers from federal funds, FUNDS CONTINGENT UPON ANY MATCHING
REQUIREMENT  OR OTHER REQUIREMENT FOR THE RECEIPT OF FEDERAL FUNDS, debt
service funds, capital projects funds, or the  community  projects  fund
are  not  permitted  pursuant to this authorization. The director of the
budget shall notify both houses of the legislature in writing  prior  to
initiating transfers pursuant to this authorization.
  S  12-a.  Notwithstanding  any  law to the contrary, and in accordance
with section 4 of the state  finance  law,  the  comptroller  is  hereby
authorized  and  directed to transfer, at the request of the director of
the budget, up to $38 million  from  the  unencumbered  balance  of  any
special  revenue  fund or account, or combination of funds and accounts,
to the community projects fund. The amounts transferred pursuant to this
authorization shall be in addition  to  any  other  transfers  expressly

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13717-02-1

S. 5921                             2

authorized  in  the  2011-12 budget. Transfers from federal funds, FUNDS
CONTINGENT UPON ANY MATCHING REQUIREMENT OR OTHER  REQUIREMENT  FOR  THE
RECEIPT  OF FEDERAL FUNDS, debt service funds, or capital projects funds
are  not  permitted  pursuant to this authorization. The director of the
budget shall (a) have [recieved] RECEIVED a request in [writting]  WRIT-
ING  from  one  or  both  houses of the legislature, and (b) notify both
houses of the legislature  in  writing  prior  to  initiating  transfers
pursuant  to  this  authorization.    The  comptroller shall provide the
director of the budget, the chair of the senate finance  committee,  and
the  chair  of  the  assembly  ways and means committee with an accurate
accounting and report of any  transfers  that  occur  pursuant  to  this
section  on  or before the fifteenth day of the following month in which
such transfers occur.
  S 13. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $75 million from the unencumbered balance of any non-general  fund
or  account,  or combination of funds and accounts, to the general fund.
The amounts transferred pursuant to this authorization shall be equal to
those savings achieved in such non-general funds as a  result  of  work-
force  savings  actions  and  are  in  addition  to  any other transfers
expressly authorized. Transfers from federal funds, OR FUNDS  CONTINGENT
UPON  ANY  MATCHING  REQUIREMENT OR OTHER REQUIREMENT FOR THE RECEIPT OF
FEDERAL FUNDS, are not permitted pursuant  to  this  authorization.  The
director  of  the  budget shall notify both houses of the legislature in
writing prior to initiating transfers pursuant to this authorization.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and effect on the same date and in the same
manner as part BB of chapter 58 of the laws of 2011,  took  effect;  and
provided,  however,  that the amendments to sections 12, 12-a, and 13 of
part BB of chapter 58 of the laws of 2011 made by section  one  of  this
act shall not affect the repeal of such sections and shall expire and be
deemed repealed therewith.

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Senate Bill S5921

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jan 9, 2012 - Floor Vote

Floor Vote: Jan 9, 2012

Jan 9, 2012 - Rules Committee Vote

Rules Committee Vote: Jan 9, 2012

Jan 9, 2012 - Finance Committee Vote

Finance Committee Vote: Jan 9, 2012

co-Sponsors

2011-S5921 (ACTIVE) - Details

2011-S5921 (ACTIVE) - Summary

2011-S5921 (ACTIVE) - Sponsor Memo

2011-S5921 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5921

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

2011-S5921 (ACTIVE) - Details

2011-S5921 (ACTIVE) - Summary

2011-S5921 (ACTIVE) - Sponsor Memo

2011-S5921 (ACTIVE) - Bill Text download pdf

Comments