Bill Text: NY S00097 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enacts the "over-expenditure, under-expenditure, transfer notification (OUT) act" to provide for the use of surplus appropriated funds and over-expenditure approval.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO FINANCE [S00097 Detail]

Download: New_York-2023-S00097-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           97

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen. TEDISCO -- 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  enacting  the
          "over-expenditure, under-expenditure, transfer notification (OUT) act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the  "over-expenditure,  under-expenditure,  transfer notification (OUT)
     3  act".
     4    § 2. The state finance law is amended by adding a new section 53-e  to
     5  read as follows:
     6    §  53-e.  Surplus  appropriated funds; over-expenditure approval.   1.
     7  Definitions. For purposes of this section the following terms shall have
     8  the following meanings:
     9    a. "state agency" shall mean  any  state  department,  board,  bureau,
    10  division, commission, committee, public authority, public benefit corpo-
    11  ration,  council,  office,  or  other  governmental  entity performing a
    12  governmental or proprietary function for the state; and
    13    b. "surplus appropriated funds" shall mean the amount of funds  appro-
    14  priated to a state agency in a fiscal year reduced by the total expendi-
    15  tures  by  such  state  agency for such fiscal year, but such term shall
    16  only apply to amounts of funds greater than zero.
    17    2. Surplus appropriated funds. a. Notwithstanding any other  provision
    18  of  law,  any state agency which on April first has surplus appropriated
    19  funds shall, on or before April  fifteenth  of  such  year,  notify  the
    20  governor,  the  comptroller  and  the  legislature  that such agency has
    21  surplus appropriated funds and the amount of such surplus. Upon  receipt
    22  of such notification, the legislature and the governor may, on or before
    23  May  thirty-first  of  such  year, enact legislation providing that such
    24  surplus appropriated funds may be used by such state  agency  or  trans-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00320-01-3
        S. 97                               2

     1  ferred  to  another state agency or both. Such legislation shall clearly
     2  set forth the particular purpose or  purposes  for  which  such  surplus
     3  appropriated funds shall be used or transferred. Any legislation enacted
     4  pursuant to this subdivision shall contain a condition that such surplus
     5  appropriated  funds  shall  not be used as set forth in such legislation
     6  without the approval of the state comptroller.
     7    b. On or before June thirtieth  of  such  year,  the  comptroller  may
     8  approve  the  use or transfer of funds provided for in this subdivision.
     9  If the comptroller fails to approve such use or  transfer  of  funds  by
    10  June  thirtieth  of  such year, such surplus appropriated funds shall be
    11  transferred to the general fund and shall be used for the  sole  purpose
    12  of reducing debt of the state.
    13    c.  Any  surplus  appropriated funds for which the legislature and the
    14  governor fail to enact legislation providing for the use or transfer  of
    15  such  funds  shall  be transferred to the general fund and shall be used
    16  for the sole purpose of reducing debt of the state.
    17    3. Over-expenditure approval. Notwithstanding any other  provision  of
    18  law,  any  state agency which for any reason intends to expend funds for
    19  any purpose in any fiscal year in an amount greater than amounts  appro-
    20  priated  to  such  agency  for  such  fiscal  year, shall, prior to such
    21  expenditure, notify the governor, the comptroller  and  the  legislature
    22  regarding such intention with a detailed explanation of why such expend-
    23  iture  is  necessary. Upon receipt of such notification, the legislature
    24  and the governor may enact legislation providing  for  an  appropriation
    25  for  such  expenditure.  Such  legislation  shall  clearly set forth the
    26  particular purpose or purposes for which such appropriation is made. Any
    27  legislation enacted pursuant to this subdivision shall contain a  condi-
    28  tion  that  such funds shall not be appropriated without the approval of
    29  the state comptroller.
    30    § 3. This act shall take effect immediately.