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7. In order to pay the costs of the insurance required by this section and by the workers' compensation law and to carry out its other powers and duties and to pay for any of its liabilities under section fourteen-a of the workers' compensation law, the New York Jockey Injury Compensation Fund, Inc. shall ascertain the total funding necessary and establish the sums that are to be paid [annually and equally] by [each owner and trainer] all owners and trainers licensed or required to be licensed under section two hundred thirteen of [the racing, pari-mutuel wagering and breeding law] this chapter, to obtain the total funding amount required annually. In order to provide that any sum required to be paid by an owner or trainer is equitable, the fund shall establish payment schedules which reflect such factors as are appropriate, including where applicable, the geographic location of the racing association or corporation at which the owner or trainer participates, the duration of such participation, the amount of any purse earnings, the number of horses involved, or such other factors as the fund shall determine to be fair, equitable and in the best interests of racing. In no event shall the amount deducted from an owner's share of purses exceed one per centum. In the cases of multiple ownerships and limited racing appearances, the fund shall equitably adjust the sum required.

The state racing and wagering board shall, as a condition of racing, require any racing association or corporation or any nonprofit racing association or corporation or any quarterhorse racing association or corporation authorized under this chapter to conduct pari-mutuel betting at a race meeting or races run thereat, to require that each trainer[, prior to] utilizing the facilities of such association or corporation [in a calendar year,] and [that] each owner[, prior to] racing a horse for the first time in a calendar year,] shall place or have placed on deposit with the horsemen's bookkeeper of such racing association or corporation, [amounts equal to the sums] an amount to be established and paid in a manner to be determined by the fund. [In the case of multiple ownerships or limited racing appearances, the fund may adjust the amounts required if it is determined to be in the best interests of racing in New York. ]

Should the fund determine that the [amounts] amount which [have] has been [deposited] collected in the manner prescribed [are] is inadequate to pay the annual costs required by this section, it shall notify the state racing and wagering board of the deficiency and the amount of the additional [equal] sum or sums necessary to be [deposited] paid by each owner [and] and/or trainer in order to cover such deficiency. The state racing and wagering board shall, as an additional condition of racing, direct any racing association or corporation or any nonprofit racing association or corporation or any quarterhorse racing association or corporation authorized under this chapter to conduct pari-mutuel betting at a race meeting or races run thereat, to require each trainer and owner to place such additional sum or sums on deposit with the respective horsemen's bookkeeper.

All amounts collected by a horsemen's bookkeeper pursuant to this section shall be transferred to the fund created under this section and shall be used by the fund to purchase workers' compensation insurance for jockeys, apprentice jockeys and exercise persons, to pay for any of its liabilities under section fourteen-a of the workers' compensation law and to administer the workers' compensation program for jockeys, apprentice jockeys and exercise persons required by this section and the workers' compensation law.

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a. The fund shall submit to the state racing and wagering board a plan of operation and any amendments thereto necessary or suitable to the fair, reasonable and equitable administration of the fund. Such amendments, if any, relating to the assessment of the costs of insurance for the subsequent year, other than deficiency assessments, shall be submitted to the board no later than November fifteenth of each year. The plan of operation and any amendments thereto shall become effective upon approval in writing by the board, and shall be published by the fund upon such approval in one or more trade publications likely to be obtained by owners and trainers.

§ 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after January 1, 1992.

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LAWS OF NEW YORK, 1992

CHAPTER 762

3933

AN ACT to amend the state finance law, in relation to submission of the budget to the legislature and further, in relation to the contents of the budget submitted by the governor, synopsis of appropriations and to repeal section 22-a of the state finance law relating to the key item reporting system; to amend the legislative law, in relation to public hearings on the budget; to amend the legislative law, in relation to appearances and inquiries in respect to the budget, and to report on the budget; to amend the state finance law, in relation to duties of the comptroller; to amend the state finance law, in relation to authorizing the comptroller to temporarily loan money from the general fund or other funds authorized to receive a loan; to amend the state finance law, in relation to establishing a process to facilitate timely passage of the annual state budget; and to form a working group to study related issues

Became a law July 31, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

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

as

Section 1. Section 22 of the state finance law, as separately amended by chapters 405 and 957 of the laws of 1981, subdivision 3 amended, subdivision 7 as added and subdivisions 8 and 9 as renumbered by chapter 476 of the laws of 1984, subdivisions 4, 5 and 6 as added by chapter 837 of the laws of 1983, subdivision 10 as added by chapter 577 of the laws of 1988, subdivision 11 as added by chapter 741 of the laws of 1991 and subdivision 12 as added by chapter 136 of the laws of 1992, is amended to read as follows:

§ 22. The budget; contents. The budget submitted annually by the governor to the legislature, in accordance with article seven of the constitution, in addition to the information required by the constitution to be set forth therein, shall:

1. include a summary financial plan showing for each of the governmental fund [type] types: (a) the disbursements estimated to be made before the close of the current fiscal year and the moneys estimated to be available from receipts and other sources therefor; and (b) the disbursements proposed to be made during the ensuing fiscal year, and the moneys estimated to be available from receipts and other sources therefor inclusive of any receipts which are expected to result from proposed legislation which he deems necessary to provide receipts sufficient to meet such proposed disbursements. For the purposes of this summary financial plan, disbursements shall be presented by the following purposes: state purposes, local assistance, capital projects, debt service, and general state charges; [and] receipts shall be presented for each fund type by each revenue source which accounts for at least one per centum of all such receipts and otherwise by categories of revenue sources; receipts and disbursements for special revenue funds shall be presented separately for federal funds and all other special revenue funds. Whenever receipts or disbursements are proposed to be moved to a different fund type, each significant amount so moved shall be identi

fied.

1-a. within ten days following the submission of the financial plans presented in accordance with subdivision one of this section, the direcof the budget shall submit to the chairs of the senate finance and

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the assembly ways and means committees and the comptroller summary financial plans of receipts and disbursements for the internal service, enterprise, and fiduciary fund types.

1-b. within ten days of the submission of the financial plan for the special revenue fund type, the director of the budget shall submit to the chairs of the senate finance and assembly ways and means committees a schedule of receipts and disbursements by account within each special revenue fund, excluding those which are financed primarily by federal grants.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

2. include a summary financial plan showing for each of the governmental fund [type] types: (a) all of the expenditures estimated to be made, in accordance with generally accepted accounting principles, before the close of the current fiscal year and all of the expenditures proposed to be made, in accordance with generally accepted accounting principles, during the ensuing fiscal year; and (b) all of the revenues estimated to accrue, in accordance with with generally accepted accounting principles, before the close of the current fiscal year and during the ensuing fiscal year inclusive of any revenues which are expected to result from the proposed legislation which he deems necessary to provide receipts sufficient to meet proposed disbursements. For the purposes of this summary financial plan, expenditures shall be presented by the following purposes: state purposes, local assistance, capital projects, debt service, and general state charges; and revenues shall be presented by each revenue source which accounts for at least one per centum of all such revenues and otherwise by categories of revenue sources.

3. show for each fund type (unless otherwise specified) in a form suitable for comparison:

a. The appropriations, including reappropriations, made for the current fiscal year, the appropriations and reappropriations recommended for the ensuing fiscal year, the disbursements estimated to be made before the close of the current fiscal year and proposed to be made during the ensuing fiscal year based upon available and recommended appropriations and reappropriations. Disbursements proposed to be made shall be shown in separate parts as follows: those disbursements proposed to be made for state purposes shall be set forth in one part those disbursements proposed to be made for local assistance shall be set forth in another separate and distinct part, those disbursements proposed be made for capital projects shall be set forth in a third separate and distinct part and those disbursements proposed to be made for debt vice shall be set forth in a fourth separate and distinct part. [So far as may be practicable there shall be cited the statutes pursuant to which the several disbursements are proposed to be made. ] The effect of any proposed changes in the payment dates of particular disbursements on the financial plan presented in accordance with subdivision one of this section shall be set forth separately.

to

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b.

[The moneys] In separate sections for each fund type, the receipts actually had and received during the preceding fiscal year, the [moneys] receipts estimated to be available and received during the current and ensuing fiscal years respectively listed by each major source, including statistical and summary tables and a narrative which includes a discussion of the assumptions used in estimating such receipts. The effect of any proposed changes in the rates, bases, payment dates or other aspects of particular sources of receipts on the financial plan presented in accordance with subdivision one of this section shall be set forth separately and the assumptions used in calculating such effect. Whenever a new fee or a new financing mechanism is proposed, a schedule of the new fee or financing mechanism shall be included for purposes of showing the effect of the new fee or financing mechanism on the financial plan.

C. The expenditures estimated to be made in accordance with generally accepted accounting principles before the close of the current fiscal year and proposed to be made in accordance with generally accepted accounting principles during the ensuing fiscal year. Expenditures estimated and proposed to be made shall be shown in separate parts as follows: those expenditures for state purposes shall be set forth in one part, those expenditures for local assistance shall be set forth in another separate and distinct part, those expenditures for capital projects shall be set forth in a third separate and distinct part, and those expenditures for debt service shall be set forth in a fourth separate and distinct part.

d. The revenues actually accrued in the preceding fiscal year, revenues estimated to accrue during current and ensuing fiscal years respectively. Revenues from each tax shall be shown both in total and

the

net of refunds.

d-1. [Within ten days following the submission of the financial plans presented in accordance with subdivisions one and two of this section, the director of the budget shall submit to the chairmen of the senate finance and the assembly ways and means committees and the comptroller a detailed schedule by fund of the receipts, revenues, disbursements and expenditures comprising the summary financial plans presented in accor dance with subdivisions one and two of this section] A schedule for the general fund showing the differences between projected operating results

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on a cash basis and those on the basis of generally accepted account ing principles.

d-2. Within ten days following the submission of the financial plans presented in accordance with subdivisions one and two of this section, the director of the budget shall submit to the chairs of the senate finance committee and the assembly ways and means committee a detailed schedule by fund of the receipts and disbursements comprising such summary financial plan, and a schedule for each governmental fund type other than the general fund showing the differences between projected operating results on a cash basis and those on the basis of generally accepted accounting principles, and a detailed schedule by fund of revenues and expenditures within the general fund.

e.

The anticipated general fund quarterly schedule and fiscal year total for the prior, current and ensuing fiscal year of: disbursements; [expenditures;] receipts; [revenues; ] repayments of advances; total tax refunds; and refunds for the tax imposed under article twenty-two of the tax law. Such information shall be presented in the same form as the summary financial plans presented in accordance with subdivisions one and two of this section.

e-1. Within ten days following the submission of the financial plans presented in accordance with subdivisions one and two of this section, the anticipated general fund monthly and governmental fund types quarterly schedule and fiscal year total for the ensuing fiscal year of: disbursements; receipts; repayments of advances; total tax refunds; and refunds for the tax imposed under article twenty-two of the tax law. Such information shall be presented in the same form as the summary financial plans presented in accordance with subdivisions one and two of this section.

e-2. A measure of the employment level for each state department, division or office, for both the current and ensuing fiscal year, provided however that for the fiscal year beginning April first, nineteen hundred ninety-three-ninety-four, such measure shall be presented only for the general fund.

f. A statement explaining any differences between the significant accounting policies used in the preparation of the documents required to be submitted pursuant to this section and those used by the comptroller in the preparation of the financial statements contained in the annual report to the legislature for the preceding fiscal year issued pursuant to subdivision nine of section eight of this chapter.

8. The estimated borrowings in anticipation of the receipt of taxes and revenues and the amount of interest estimated to be paid thereon during the current and ensuing fiscal years respectively, and the amounts actually so borrowed and the interest actually paid thereon during the preceding fiscal year.

In connection with each statement of receipts from taxes imposed pursuant to state law, the total amounts collected or estimated to be collected therefrom.

i. A statement setting forth state involvement in the fiscal operations of those public authorities and public benefit corporations which may be part of the development of a comprehensive state budget system and provided therefor in the state financial plan. Such statement shall set forth the amount of all of the bonds, notes and other obligations of each public authority, public benefit corporation and all other agencies and instrumentalities of the state for which the full faith and credit of the state has been pledged or on account of which the state has by given its pledge or assurance for the continued operation and solvency of the authority, public corporation, or other agency or instrumentality of the state, as the case may be. Such statement shall also set forth all proposed appropriations to be made to any public authority, public benefit corporation, and any other agency or instrumentality of the state which has been created or continued by law and which is separate and distinct from the state itself.

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4. Include a [five] three year financial projection, which shall be submitted not later than thirty days after submission of the financial plans pursuant to subdivision one of this section, showing the anticipated disbursements and receipts for each of the governmental fund types of the state and, for the general fund the anticipated expenditures and revenues [for each of the fund types of the state] for the ensuing fiscal year and for the [four] two years following the ensuing fiscal

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

year. For the purposes of this [five] three year financial projection, disbursements and expenditures shall be presented by the following purposes: state purposes, local assistance, capital projects, debt service and general state charges; and receipts and revenues shall be presented, for the ensuing and next successive fiscal year by each revenue source which accounts for not less than one per centum of all receipts or revenues of the general fund and otherwise by each major source which is separately estimated and presented pursuant to paragraph b of subdivision three of this section and, for the remaining fiscal year by each revenue source which accounts for at least ten per centum of all the receipts or revenues and otherwise by categories of revenue sources. Provided however, that for the fiscal year beginning in nineteen hundred ninety-three, for the governmental funds other than the general fund, receipts shall be presented by each revenue source which accounts for at least ten per centum of all the receipts and otherwise by categories of revenue source. This three year financial projection shall include an explanation of any changes to the financial plans submitted in accor dance with subdivision one of this section and include explanations of the economic, statutory and other assumptions used to estimate the disbursements, expenditures, receipts and revenues which are presented.

5. Include a capital plan which shall be submitted in its entirety not later than thirty days after submission of the financial plans pursuant to subdivision one of this section which is current, accurate and reflective of all previous legislative enactments and of the governor's plans [for the fiscal year then in progress and for the next ensuing five fiscal years], which shall be updated on or before October thirtyfirst of the ensuing year and submitted to the [chairman] chair of the senate finance committee and to the [chairman] chair of the assembly ways and means committee, and which shall contain the following

information:

a. A detailed schedule, by state agency and for each state agency by fund, of all capital projects which the governor recommends or anticipates be undertaken or continued by any state agency in the next [five] three fiscal years, which shall provide the following information for each such capital project:

(1) a capital plan project reference number which shall be consistently assigned each year solely to such project,

(2) a description of the project in less than thirty words,

an indication of the category into which the project has been classified in the capital plan,

4) the estimated total cost of the project,

5) the total of all disbursements for the project made prior to the then current fiscal year,

(6) the total amount of disbursements for the project estimated to be made during the current fiscal year and during each of the next ensuing five fiscal years, provided however that (i) the information required by this subparagraph may be provided for groupings of projects cases where the governor determines it cannot be provided on a project by project basis, and (ii) the total of all the disbursements

in those

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estimated accordance with the requirements of this subparagraph to be made for all capital projects during the current fiscal year and during each of the next ensuing five fiscal years, excluding those disbursements which are estimated in accordance with the requirements of this subparagraph to be made by public benefit corporations and which are not subject to appropriations, shall be equal, respectively, to the total of all disbursements estimated, in the financial projections required by subdivisions one and four of this section [twenty-two of this chapter], made for all capital projects during the then current fiscal year and during each of the next ensuing five fiscal years, estimated completion,

to be

(3) the amount of the total project cost for which the state or state 8) agency will be contractually obligated as of the close of the then rent fiscal year, and

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(9) subtotals of the information required by subparagraphs four, five, six and eight of this paragraph by agency and within agency for each of the categories into which the individual capital projects appropriations were classified in the appropriation bill involved.

b. A statement of the mix of financing methods to be proposed by the governor for financing capital plan inclusive of pay-as-you-go financing, general fund revenues, special revenues such as user charges and federal grants, existing debt authorization and new debt

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authoriza

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