NY State Senate Bill 2011-S6302

Archive: Last Bill Status - In Senate Committee Finance 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2012	referred to finance

co-Sponsors

2011-S6302 (ACTIVE) - Details

See Assembly Version of this Bill:: A5370
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add Art 17 §§250 - 252, amd §92-cc, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9061
2013-2014: S2797, A1367
2015-2016: A4383
2017-2018: A5942
2019-2020: A4446
2021-2022: A5550
2023-2024: A4845

2011-S6302 (ACTIVE) - Summary

Establishes a spending cap and increases the maximum capacity of the rainy day fund.

2011-S6302 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6302

TITLE OF BILL:
An act
to amend the state finance law, in
relation to establishing a spending cap and
increasing the maximum capacity of the
rainy day fund

PURPOSE:
This legislation will establish a spending cap and increase the
maximum capacity of the rainy day fund.

SUMMARY OF PROVISIONS:
Section One - amends the state finance law by adding article 17
entitled "spending growth cap act."

Section One - defines "annual spending growth cap" as a percentage
determined by adding the inflation rates from each of the three
calendar years immediately prior to the commencement of the given
fiscal year and then dividing that sum by three.

Section One - defines "state operating funds spending" as an annual
disbursement of all governmental fund types included in the
cash-basis financial plan of the state, excluding disbursements from
federal fund and capital project funds.

Section One - defines "inflation rate" as the percentage change in the
twelve month average of the consumer price index for all urban
consumers as published by the United State department of lab, bureau
of labor statistics or any successor agency for a given calendar year
compared to the prior calendar year.

Section One - defines "executive budget" as the budget submitted
annually by the governor pursuant to section one of the article VII
of the state constitution.

Section One - defines "state budget as enacted" as the budget acted
upon by the legislature in a given fiscal year, as subject to section
four of article VII of the state constitution and section seven of
article N of the state constitution.

Section One - defines "emergency" as an extraordinary, unforeseen, or
unexpected occurrence, or combination of circumstances, including but
not limited to a natural disaster, invasion, terrorist attack of
economic calamity.

Section One - states the governor will not submit, and the legislature
will not act upon a budget that contains a percentage increase over
the prior fiscal year in state operating funds spending which exceeds
the annual spending growth cap.

Section One - states the governor will certify in writing that state
operating funds spending in the executive budget does not exceed the
annual spending growth cap. If final inflation rate data for the prior
calendar year is not yet available at the time the governor submits
his or her executive budget, he or she shall furnish a reasonable
estimate of such prior calendar year inflation rate.

Section One - states the comptroller will provide, within five days of
action by the legislature upon the budget, a determination as to
whether the state operating funds spending as set forth in the state
budget as enacted exceeds the annual spending growth rate. If the
comptroller finds that state operating funds spending as set forth in
the state budget as enacted exceeds the annual spending growth cap,
the governor will take corrective action to ensure that funding is
limited to the amount of the annual spending cap.

Section One - states upon finding of an emergency by the governor, he
or she may declare an emergency by an executive order which shall set
forth the reasons for such declarations. Based on this declaration,
the governor may submit and the legislature may authorize, by a
two-thirds super majority, a budget containing a percentage increase
over the prior fiscal year in state operating funds spending that
exceeds the annual spending growth cap.

Section Two - amends subdivision 2 of section 92-cc of the state
finance law by to state this fund will have a maximum balance not to
exceed ten per centum of the aggregate amount projected to be
disbursed from the general fund during the fiscal year immediately
following the then-current fiscal year.
Section Two - provides this act shall take effect immediately.

Section Three - this act shall take effect immediately.

JUSTIFICATION:
During the 2011 session the New York State legislature passed a 2% tax
cap for local municipalities and schools. It is only fair to place
the same expectation of fiscal responsibility on the state government.
In Colorado they already have a spending cap in the form of a
'Taxpayer's Bill of Rights', and more than $2 billion has been
returned to the taxpayers. A real statewide spending cap with no
loopholes would be a huge change in the way we are operating here in
New York. With a spending cap Albany, a culture that has been
hopelessly addicted to runaway spending, would not be able to raise
tax rates by double digits as has been done in the past.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:

This act shall take effect immediately.

2011-S6302 (ACTIVE) - Bill Text download pdf

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

                                  6302

                            I N  S E N A T E

                            January 24, 2012
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in  relation  to  establishing  a
  spending cap and increasing the maximum capacity of the rainy day fund

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

  Section 1. The state finance law is amended by adding a new article 17
to read as follows:
                              ARTICLE XVII
                         SPENDING GROWTH CAP ACT
SECTION 250. DEFINITIONS.
        251. ESTABLISHMENT OF ANNUAL SPENDING GROWTH CAP.
        252. PROVISIONS REGARDING DECLARATION OF EMERGENCY.
  S 250. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS OTHERWISE SPECIFIED:
  1. "ANNUAL SPENDING GROWTH CAP" SHALL MEAN A PERCENTAGE DETERMINED  BY
ADDING  THE  INFLATION RATES FROM EACH OF THE THREE CALENDAR YEARS IMME-
DIATELY PRIOR TO THE COMMENCEMENT OF A GIVEN FISCAL YEAR AND THEN DIVID-
ING THAT SUM BY THREE.
  2. "STATE OPERATING FUNDS SPENDING" SHALL MEAN ANNUAL DISBURSEMENTS OF
ALL GOVERNMENTAL FUND TYPES INCLUDED IN THE CASH-BASIS FINANCIAL PLAN OF
THE STATE,  EXCLUDING  DISBURSEMENTS  FROM  FEDERAL  FUNDS  AND  CAPITAL
PROJECT FUNDS.
  3.   "INFLATION   RATE"  SHALL  MEAN  THE  PERCENTAGE  CHANGE  IN  THE
TWELVE-MONTH AVERAGE OF THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS
AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU  OF  LABOR
STATISTICS OR ANY SUCCESSOR AGENCY FOR A GIVEN CALENDAR YEAR COMPARED TO
THE PRIOR CALENDAR YEAR.
  4.  "EXECUTIVE BUDGET" SHALL MEAN THE BUDGET SUBMITTED ANNUALLY BY THE
GOVERNOR  PURSUANT  TO SECTION ONE OF ARTICLE VII OF THE STATE CONSTITU-
TION.
  5.  "STATE BUDGET AS ENACTED" SHALL MEAN THE BUDGET ACTED UPON BY  THE
LEGISLATURE  IN A GIVEN FISCAL YEAR, AS SUBJECT TO SECTION FOUR OF ARTI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05190-01-1

S. 6302                             2

CLE VII OF THE STATE CONSTITUTION AND SECTION SEVEN OF ARTICLE IV OF THE
STATE CONSTITUTION.
  6.  "EMERGENCY" SHALL MEAN AN EXTRAORDINARY, UNFORESEEN, OR UNEXPECTED
OCCURRENCE, OR COMBINATION OF CIRCUMSTANCES, INCLUDING BUT  NOT  LIMITED
TO A NATURAL DISASTER, INVASION, TERRORIST ATTACK, OR ECONOMIC CALAMITY.
  S 251. ESTABLISHMENT OF ANNUAL SPENDING GROWTH CAP.  1. THERE IS HERE-
BY ESTABLISHED AN ANNUAL SPENDING GROWTH CAP.
  2.  THE  GOVERNOR  SHALL NOT SUBMIT, AND THE LEGISLATURE SHALL NOT ACT
UPON, A BUDGET THAT CONTAINS A PERCENTAGE INCREASE OVER THE PRIOR FISCAL
YEAR IN STATE OPERATING FUNDS SPENDING WHICH EXCEEDS THE ANNUAL SPENDING
GROWTH CAP.
  3. THE GOVERNOR SHALL CERTIFY IN WRITING THAT  STATE  OPERATING  FUNDS
SPENDING  IN  THE  EXECUTIVE  BUDGET DOES NOT EXCEED THE ANNUAL SPENDING
GROWTH CAP. IF FINAL INFLATION RATE DATA FOR THE PRIOR CALENDAR YEAR  IS
NOT  YET AVAILABLE AT THE TIME THE GOVERNOR SUBMITS HIS OR HER EXECUTIVE
BUDGET, HE OR SHE SHALL FURNISH A  REASONABLE  ESTIMATE  OF  SUCH  PRIOR
CALENDAR YEAR INFLATION RATE.
  4.  THE  COMPTROLLER  SHALL PROVIDE, WITHIN FIVE DAYS OF ACTION BY THE
LEGISLATURE UPON THE BUDGET, A DETERMINATION AS  TO  WHETHER  THE  STATE
OPERATING  FUNDS  SPENDING  AS  SET FORTH IN THE STATE BUDGET AS ENACTED
EXCEEDS THE ANNUAL SPENDING GROWTH CAP.
  5. IF THE COMPTROLLER FINDS THAT STATE OPERATING FUNDS SPENDING AS SET
FORTH IN THE STATE BUDGET AS ENACTED EXCEEDS THE ANNUAL SPENDING  GROWTH
CAP, THE GOVERNOR SHALL TAKE CORRECTIVE ACTION TO ENSURE THAT FUNDING IS
LIMITED TO THE AMOUNT OF THE ANNUAL SPENDING CAP.
  S 252. PROVISIONS REGARDING DECLARATION OF EMERGENCY.  1. UPON A FIND-
ING  OF AN EMERGENCY BY THE GOVERNOR, HE OR SHE MAY DECLARE AN EMERGENCY
BY AN EXECUTIVE ORDER WHICH SHALL SET FORTH THE REASONS FOR SUCH  DECLA-
RATION.
  2.  BASED  UPON  SUCH  DECLARATION,  THE  GOVERNOR MAY SUBMIT, AND THE
LEGISLATURE MAY AUTHORIZE, BY A  TWO-THIRDS  SUPER  MAJORITY,  A  BUDGET
CONTAINING  A  PERCENTAGE  INCREASE  OVER THE PRIOR FISCAL YEAR IN STATE
OPERATING FUNDS SPENDING THAT EXCEEDS THE ANNUAL SPENDING GROWTH CAP.
  S 2. Subdivision 2 of section 92-cc of the state finance law, as added
by chapter 1 of the laws of 2007, is amended to read as follows:
  2. Such fund shall have a maximum balance not to  exceed  [three]  TEN
per  centum  of  the aggregate amount projected to be disbursed from the
general fund during the fiscal year immediately following the  then-cur-
rent fiscal year.
  S 3. This act shall take effect immediately.

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Senate Bill S6302

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2011-S6302 (ACTIVE) - Details

2011-S6302 (ACTIVE) - Summary

2011-S6302 (ACTIVE) - Sponsor Memo

2011-S6302 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6302

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Sponsored By

Greg Ball

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

John A. DeFrancisco

Thomas F. O'Mara

2011-S6302 (ACTIVE) - Details

2011-S6302 (ACTIVE) - Summary

2011-S6302 (ACTIVE) - Sponsor Memo

2011-S6302 (ACTIVE) - Bill Text download pdf

Comments