NY State Senate Bill 2013-S2797

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to finance
Jan 23, 2013	referred to finance

co-Sponsors

2013-S2797 (ACTIVE) - Details

See Assembly Version of this Bill:: A1367
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
2011-2012: S6302, A5370
2015-2016: A4383
2017-2018: A5942
2019-2020: A4446
2021-2022: A5550
2023-2024: A4845

2013-S2797 (ACTIVE) - Summary

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

2013-S2797 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2797

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: 1/24/12 Referred to Finance

FISCAL IMPLICATIONS: None to State.

EFFECTIVE DATE:  This act shall take effect immediately.

2013-S2797 (ACTIVE) - Bill Text download pdf

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

                                  2797

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03650-01-3

S. 2797                             2

  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-
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
amended  by  section  17 of part U of chapter 59 of the laws of 2012, 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.  At  the  request of the director of the budget, the
state comptroller shall transfer monies to the rainy day reserve fund up
to and including an amount equivalent to three-tenths of one per  centum
of  the aggregate amount projected to be disbursed from the general fund
during the then-current fiscal year, unless such transfer would increase
the rainy day reserve fund to an amount in excess of three 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, in which event such transfer shall be limited to  such  amount  as
will  increase the rainy day reserve fund to such three per centum limi-
tation.
  S 3. 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

S. 2797                             3

general fund during the fiscal year immediately following the  then-cur-
rent fiscal year.
  S  4. This act shall take effect immediately; provided that the amend-
ments to subdivision 2 of section 92-cc of the state finance law made by
section two of this act shall be subject to the expiration and reversion
of such subdivision when upon such date the provisions of section  three
of this act shall take effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2797

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2013-S2797 (ACTIVE) - Details

2013-S2797 (ACTIVE) - Summary

2013-S2797 (ACTIVE) - Sponsor Memo

2013-S2797 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2797

Share this bill

Sponsored By

Greg Ball

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

John A. DeFrancisco

Lee M. Zeldin

2013-S2797 (ACTIVE) - Details

2013-S2797 (ACTIVE) - Summary

2013-S2797 (ACTIVE) - Sponsor Memo

2013-S2797 (ACTIVE) - Bill Text download pdf

Comments