S T A T E   O F   N E W   Y O R K
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                                  5969
                       2013-2014 Regular Sessions
                          I N  A S S E M B L Y
                             March 12, 2013
                               ___________
Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Ways and Means
AN ACT to amend the state finance law, in  relation  to  establishing  a
  procedure  for  the  informed evaluation of proposed and enacted state
  expenditure decreases
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section  1.  Short  title. This act shall be known and may be cited as
the "procedure for informed evaluation of  state  expenditure  decreases
act of 2013".
  S 2. Legislative findings. The legislature finds that the expenditures
of  state  funds  for  operations, maintenance, programs, activities and
assistance have significant and complex impacts on the economic,  social
and  environmental  conditions  in  both the public and private sectors.
Federal funding and matching funds from municipal and  private  sources,
for  example, can be affected by changes in levels of state expenditures
and negative secondary impacts from cuts like the  failure  to  maintain
state  property  can damage the health, safety and welfare of the people
and economy of the state.
  The legislature further finds that during  a  volatile  economic  time
decisions are made to cut or impound expenditures, eliminate or downsize
programs  and/or  lay off state employees without adequate evaluation of
the consequences thereof.
  Therefore, the legislature declares that an analytical process  should
be  required and information therefrom should be available to the public
when a decrease in state expenditure  from  funds  appropriated  in  the
immediate  previous  state budget is proposed in a state budget bill, or
before a reduction in expenditure or  lay  off  of  state  employees  is
imposed during the implementation of an enacted state budget.
  S  3. The state finance law is amended by adding a new section 21-a to
read as follows:
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09681-01-3
              
             
                          
                
A. 5969                             2
  S 21-A. INFORMED EVALUATION OF STATE  EXPENDITURE  DECREASES.  1.  THE
GOVERNOR  SHALL  SUBMIT  TO THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE
AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS  COMMITTEE  FOR  USE  OF
SUCH  COMMITTEES,  AND  PROVIDE THE LEGISLATURE AND THE PUBLIC FOR THEIR
INFORMATION,  (A)  AT  OR  PRIOR TO THE TIME THE BUDGET IS SUBMITTED, AN
EVALUATION PURSUANT TO SUBDIVISION TWO OF THIS SECTION OF THE DIRECT AND
INDIRECT ECONOMIC, SOCIAL AND ENVIRONMENTAL IMPACTS OF ANY  DECREASE  IN
THE  AMOUNT  OF  THE APPROPRIATION FROM THE PREVIOUS FISCAL YEAR FOR ANY
STATE PROGRAM, ACTIVITY OR ASSISTANCE, FOR LOCAL  GOVERNMENT  ASSISTANCE
OR  FOR  A PUBLIC PURPOSE BY A NOT-FOR-PROFIT ORGANIZATION SUPPORTED, IN
WHOLE OR IN PART, BY STATE FUNDS, AND (B) NOT LESS THAN FORTY-FIVE  DAYS
BEFORE  THE  IMPLEMENTATION  OF  THE  IMPOUNDMENT  OF APPROPRIATED FUNDS
AND/OR LAYOFF OF STATE EMPLOYEES AFFECTING, DIRECTLY OR INDIRECTLY,  ANY
STATE  PROGRAM,  ACTIVITY OR ASSISTANCE, FOR LOCAL GOVERNMENT ASSISTANCE
OR FOR A PUBLIC PURPOSE BY A NOT-FOR-PROFIT ORGANIZATION  SUPPORTED,  IN
WHOLE  OR IN PART, BY STATE FUNDS, AN EVALUATION PURSUANT TO SUBDIVISION
TWO OF THIS SECTION OF THE DIRECT  AND  INDIRECT  ECONOMIC,  SOCIAL  AND
ENVIRONMENTAL IMPACTS THEREOF.
  2.  AN  EVALUATION  OF  DECREASES OR ELIMINATION OF STATE EXPENDITURES
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) IDENTIFICATION OF WHETHER SUCH STATE EXPENDITURE WOULD  HAVE  BEEN
USED FOR A STATUTORY MANDATED PURPOSE, A DESCRIPTION OF SUCH PURPOSE AND
AN ESTIMATE OF FINANCIAL RETURN FROM SUCH FUNDING;
  (B)  IDENTIFICATION  OF WHETHER SUCH STATE EXPENDITURE WOULD HAVE BEEN
USED FOR A NON-MANDATED SERVICE;
  (C) IDENTIFICATION OF WHETHER THERE HAS BEEN OR  WOULD  BE  A  REVENUE
GENERATOR MULTIPLIER GREATER THAN THE AMOUNT OF THE STATE EXPENDITURE;
  (D)  IDENTIFICATION  OF  THE  COST TO THE STATE, MUNICIPALITIES AND/OR
PRIVATE SOURCES, IF ANY, THAT MAY RESULT  FROM  THE  DECREASE  IN  STATE
FUNDING  OR EMPLOYEES, INCLUDING THE LOSS OF MATCHING FUNDS FROM SOURCES
OUTSIDE STATE GOVERNMENT. IN ESTIMATING SUCH COST,  CONSIDERATION  SHALL
BE TAKEN OF THE ABILITY OF THE AFFECTED STATE UNITS AND THEIR ABILITY TO
SUSTAIN  THE  CUTS  AND LOSS, IF ANY, OF REVENUE TO THE STATE OR MUNICI-
PALITIES OR FROM THE MULTIPLIER EFFECT ON THE PRIVATE SECTOR; AND
  (E) IDENTIFICATION OF THE ESTIMATED NET BENEFIT TO THE STATE  TREASURY
OF  DECREASES  OR ELIMINATION OF STATE EXPENDITURES AND/OR THE LAYOFF OF
STATE EMPLOYEES.
  3. NOT LESS THAN TWENTY DAYS BEFORE SUCH EVALUATION  IS  SUBMITTED  TO
THE  LEGISLATURE,  THE  GOVERNOR SHALL CAUSE TO BE HELD A PUBLIC HEARING
AVAILABLE BY INTERNET WEBCAST ON THE PROPOSED DECREASE IN STATE EXPENDI-
TURE AND/OR LAYOFF WITH THE  OPPORTUNITY  PROVIDED  TO  THE  PUBLIC  FOR
COMMENT  BY ELECTRONIC MAIL. THE RECORD OF AND RESPONSES TO SUCH HEARING
SHALL BE INCLUDED WITH THE SUBMITTAL OF THE EVALUATION TO  THE  LEGISLA-
TURE AND SHALL BE AVAILABLE TO THE PUBLIC.
  S 4. This act shall take effect immediately.