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tion, and an explanation of the relative advantages of the mix he intends to propose.

C.

To the extent that the authorization and issuance of additional debt is being recommended, an evaluation of the effect of the additional debt on the credit of the state and, in the case of debt to be issued by a public authority, on the credit of the authority and of the state. d. For the purposes of this subdivision, capital projects of less than fifty thousand dollars may be grouped into appropriate categories.

e. The schedule of capital projects for which appropriations have been made or recommended for the ensuing fiscal year, prepared in accordance with the provisions of paragraph a of this subdivision, shall be submitted simultaneously with the submission of the budget. The schedule of capital projects which are expected to be recommended during the two years following the ensuing fiscal year, prepared in accordance with the provisions of paragraph a of this subdivision, shall be submitted within ten days following the submission of the budget. All other information required by paragraphs a, b and c of this subdivision shall be submitted within thirty days following submission of the budget.

6. a. For the purposes of subdivision five hereof, the term "state agency" shall mean any state department or agency, including any public benefit corporation, except a public benefit corporation whose members are appointed by the governing board or an officer of a county, city, town or village, or other instrumentality of the state.

b. For the purposes of subdivision five of this section, the term "capital project" as defined in subdivision two-a of section two of this chapter shall include any project which is being, has been or is proposed to be:

(i) financed by the issuance of bonds, notes or other evidences of indebtedness of the state or any public benefit corporation thereof, except a public benefit corporation whose members are appointed by the governing board or an officer of a county, city, town or village;

(ii) funded by an appropriation from any fund of the state classified by the comptroller, in accordance with section seventy of this chapter, as a capital projects fund; or

(iii) funded by an appropriation from any fund of the state, other than a fund classified as a capital projects fund, where the specific expenditure involved is declared by law to be for a capital project or is determined to be for a capital project under standards as they may be prescribed from time to time by the director with the concurrence of the comptroller; provided however that

(iv) the governor may exempt from the requirements of subdivision five hereof any project financed by public benefit corporation programs which are used as sources of capital for private clients provided that neither the state nor the public benefit corporation involved are in any way liable for the debt of such projects, and he may also exempt debt issued by the job development authority pursuant to title eight of article eight of the public authorities law, and provided further that any such exemptions shall not impair the effectiveness of the capital plan being prepared and submitted pursuant to this subdivision.

7. Include a summary statement of operations for the proprietary and fiduciary fund types. Such summary statement of operations shall include the estimated and projected receipts of and disbursements from appropriations and reappropriations available or recommended from such fund types in the budget bills submitted by the governor pursuant to section twenty-four of this chapter. Such summary statement of operations shall be revised as soon as is practical after the legislature has completed action on such budget bills.

8. [For budgets submitted after the effective date of this section but not after January first, nineteen hundred eighty-seven: A restatement of the summary financial plans presented pursuant to subdivisions one and two of this section, prepared under the same accounting and budgeting practices employed by the director of the budget in formulating the last budget submitted to the legislature prior to the effective date of this section, and documentation, as necessary and appropriate, explaining major differences between such restatement and the information submitted pursuant to such subdivisions one and two. ] Include a list of proposed legislation submitted pursuant to section three of article seven of

the

constitution.

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

9. Notwithstanding any provision of law to the contrary, budgets submitted pursuant to this section [on or after January first, nineteen hundred eighty-two] shall not recommend first instance expenditures. Any anticipated reimbursement of proposed expenditures shall be shown as receipts or revenues to the appropriate fund.

10. Within ten days following the submission of the budget by the governor [for each fiscal year beginning with the nineteen hundred eightynine-ninety fiscal year], the director of the budget shall transmit to the chairs of the senate finance committee and the assembly ways and means committee a report, by agency, program, and fund, including but not limited to, the following information pertaining to financed equipment acquisitions for state departments, agencies and units of the state university and the city university of New York including those financed equipment acquisitions financed by the issuance of certificates of participation or similar instruments for state departments, agencies and units of the state and city universities of New York:

1. For new financed equipment acquisitions to be financed in the ensuing fiscal year:

(a) An identification of the purposes of such financings, including: (1) The nature of the equipment to be financed.

(2)

Whether the purposes are new financings or refinancings of outstanding lease purchase and installment purchase agreements. (3) The recommended method of financing. The estimated purchase cost

8

of

the equipment if purchased

outright.

The estimated interest rate and term of such financings.

{9} The estimated expenses for the issuances of such certificates or

similar instruments as such expenses are defined in section sixty-six-b of this chapter.

(e) A schedule of estimated lease purchase payments by state fiscal year for such financings, and estimated total financing costs.

2. For outstanding financed equipment acquisitions as of April first of the ensuing fiscal year the total estimated amount for lease stallment purchase payments for the ensuing fiscal year.

or in3. For outstanding financed equipment acquisitions financed by certificates of participation the financing costs of outstanding certificates of participation and similar instruments issued pursuant to section sixty-six-b of this chapter with estimated payment schedules of all such outstanding obligations.

11. Include a summary of disbursements by function of state government for the preceding fiscal year and the estimated disbursements for the current and ensuing fiscal years in a form suitable for comparison. Such summary shall present such disbursements by purpose as set forth in subdivision one of this section and also including special revenue fundsfederal and special revenue funds-other as purposes hereunder. Such summary shall also describe the state entities, as defined by subdivisions five, six, seven and eight of section two-a of this chapter, within each function. For the fiscal year beginning in nineteen hundred ninetythree, such summary shall be presented within ten days of the budget submission for the general fund, special revenue funds-other, capital projects funds and debt service funds. For the fiscal year beginning in nineteen hundred ninety-four, such summary shall be presented with the budget for the general fund and within ten days of the budget submission for special revenue funds-other, capital projects funds and debt service funds. For fiscal years beginning in nineteen hundred ninety-five and thereafter, such summary shall be presented with the budget.

12. Include a statement showing projected disbursement for the current fiscal year and proposed disbursements for the ensuing fiscal year by agency and bill and fund type. For the fiscal year beginning in nineteen hundred ninety-three, such statement shall be presented within ten days of the budget submission for the general fund, special revenue fundsother, capital projects funds and debt service funds. For the fiscal year beginning in nineteen hundred ninety-four, such summary shall be presented with the budget for the general fund and within ten days of the budget submission for special revenue funds-other, capital projects funds and debt service funds. For fiscal years beginning in nineteen hundred ninety-five and thereafter, such summary shall be presented with the budget.

13. 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 for the

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prior, the current and next ensuing fiscal years detailed schedules by
agency for the general fund showing proposed appropriations in the state
operations and aid to localities budget bills with disbursements to be
made against such appropriations, as well as disbursements
to be made
against any existing appropriations.

14. a. [Any] With respect to any proposed appropriations for the purpose of remedying state agency violations or past problems of the environmental conservation law or regulations adopted thereunder within the proposed budget submitted annually by the governor to the legislature shall, set forth the amount recommended to remedy each functional category of violation. A priority criterion to be considered in determining such recommended appropriations shall be the ranking of such violations and past problems as determined by the agency pursuant to paragraph b of subdivision one of section 3-0311 of the environmental conservation law, with any reordering of rankings as determined by the department of environmental conservation. Amounts appropriated shall be disbursed for remediation of the violation or problem only after review and determination by the department of environmental conservation of the adequacy of the remedial plan pursuant to paragraph g of subdivision three of section 3-0311 of the environmental conservation law.

b. Within thirty days following the submission of the budget by the governor for each fiscal year, beginning with the nineteen hundred ninety-three-ninety-four fiscal year, the director of the budget shall transmit to the chairs of the senate finance committee and the assembly ways and means committee a report which includes project specific information for proposed appropriations for the purposes of remedying state agency environmental violations or problems, as identified pursuant to section 3-0311 of the environmental conservation law, contained within such submitted budget.

[12.] 15. Include a summary financial plan for all research institutes which shall set forth:

a. estimates of all revenues and all expenses for the current and succeeding fiscal years, along with the actual results from the prior fiscal year; and

b. any agreement whereby any state agency will provide financial support or any other assistance to cover any operating loss for such research institute.

§ 2. Section 22-a of the state finance law is repealed and a new section 22-a is added to read as follows:

§ 22-a. Synopsis of requests for appropriations; submittal by budget director. The director of the budget shall, within thirty days following receipt of the requested appropriations pursuant to the first paragraph of section one of article seven of the constitution, submit to the chairs of the assembly ways and means committee and the senate finance Committee a synopsis of such requests, including but not limited to: (a)

a

schedule of appropriations requested as compared to the prior year, (b) a brief description of the department's, division's or office's priorities for receiving funding, and (c) a discussion of major changes or initiatives recommended for the ensuing fiscal year.

§ 3. Subdivision 4 of section 23 of the state finance law as amended by chapter 476 of the laws of 1984, is amended to read as follows:

of

4. Financial plan updates. Quarterly, throughout the fiscal year, the governor shall submit to the [chairman] chair of the senate finance committee and the [chairman] chair of the assembly ways and means committee for the use of the committees and the information of the legislature, within thirty days of the close of the quarter to which it shall pertain, a report which summarizes the actual experience to date receipts, disbursements, tax refunds, and repayments of advances presented in forms suitable for comparison with the financial plan submitted pursuant to subdivision one of section twenty-two of this chapter and revised in accordance with the provisions of subdivision three of this section. [Within ten days of the publication in the state register of a statement of the revenues of and expenditures from all funds and fund types as required by section eight of this chapter, the] The governor shall submit with the budget and on September first of each year similar report that summarizes revenue and expenditure experience to date in a form suitable for comparison with the financial plan submitted pursuant to subdivision two of section twenty-two of this chapter and revised in accordance with the provisions of subdivision three of this EXPLANATION-Matter in italics is new; matter in brackets [] is old law

a

section. Such reports shall provide an explanation of the causes of any major deviations from the revised financial plans and, shall provide for the amendment of the plan or plans to reflect those deviations. The governor may, if he determines it advisable, provide more frequent reports to the legislature regarding actual experience as compared to the financial plans.

§ 4. Section 24 of the state finance law, as amended by chapter 837 of the laws of 1983, is amended to read as follows:

§ 24. Budget bills. 1. The budget submitted annually by the governor shall be simultaneously accompanied by a bill or bills for all proposed appropriations and reappropriations and for the proposed measures of taxation or other legislation, if any, recommended therein. Such bills shall be submitted by the governor and shall be known as budget bills.

sec

2. On or after January first, nineteen hundred eighty-four, no budget bill submitted by the governor may include any proposed appropriation or reappropriation for any capital project which is not included in the capital plan presented as part of the budget submitted pursuant to tion twenty-two of this chapter. Each proposed appropriation or reappropriation for a capital project shall bear the capital plan project reference number or numbers to which it shall pertain, and shall be classified into the same category as the associated capital project or projects have been classified in such capital plan. Reappropriations of appropriations effective for fiscal years beginning prior to April first, nineteen hundred eighty-four may be presented by the categories of appropriation contained in the bill originally enacting such appropriation.

3. Any appropriation for maintenance undistributed shall be shown as apportioned among the items covered to the extent practicable. legislative law is amended by adding a new section 32-a to

§ 5. The read as follows:

§ 32-a. Budget; public hearings. After submission and prior to enactment of the executive budget, the senate finance committee and the assembly ways and means committee jointly or separately shall conduct public hearings on the budget. Such hearings may be conducted regionally to provide individuals and organizations throughout the state with an opportunity to comment on the budget. The committees shall make every effort to hear all those who wish to present statements at such public hearings. The chairs of the committees jointly or separately shall publish a schedule of hearings.

§ 6. Section 31 of the legislative law, as amended by chapter 230 of the laws of 1949, is amended to read as follows:

§ 31. Appearances and inquiries in respect to the budget; procedure regulated. The governor and the heads of departments, divisions and offices each shall have the right to appear voluntarily and be heard in respect to the budget before the committees of the houses of the legislature to which such budget may be referred under the rules of such houses, as herein provided. Such voluntary appearance by the head of a department, division or office may be made either in person or by an accredited representative of the department, division or office. If the governor or the head of any department, division or office shall request a hearing before the committee, in respect to the budget, the committee shall notify him or them of the time or times when the committee is pre

pared to hear him or them on such voluntary appearance. At any time before the bills accompanying the budget shall have been reported, the committee to which they were referred may request the head of any department, division or office, other than the governor, to appear before it, at a time stated or forthwith, and answer relevant inquiries in respect to the budget. If, pursuant to section three of article seven of the constitution, a house of the legislature directly requests the head of a department, division or office to appear before it or a committee thereof, to answer inquiries in respect to the budget, at a time stated or forthwith, the secretary or clerk of such house, as the case may be, shall notify him of such request and of the time when his appearance is desired, immediately upon the adoption of the resolution therefor. If the head of a department, division or office whose appearance is requested by such house or committee be a board or commission, the request may be directed to one or more of its members, naming him or them.

§ 7. Section 8 of the state finance law is amended by adding a new subdivision 2-d to read as follows:

2-d. a. Establish, in consultation with the heads of state agencies, standards for the design, operation and maintenance of agency accounting

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systems which: (1) permit the collection of information necessary in the preparation of annual and interim financial statements in conformance with generally accepted accounting principles, (2) facilitate the comparison of information from different agencies, and (3) assure the accuracy and reliability of accounting information.

-

b. Provide technical assistance to state agencies regarding the design and operation of agency accounting systems.

the

standards

C. Establish guidelines SO that changes to state agency accounting systems bring those systems into greater conformity with established by the comptroller pursuant to this subdivision. § 8. The state finance law is amended by adding a new section 71-b to read as follows:

§ 71-b. Temporary loans. Notwithstanding any other provision of law to the contrary, the comptroller is hereby authorized to temporarily loan money from the general fund or any other fund or fund/accounts that are authorized to receive a loan. Such loans shall be limited to the amounts immediately required to meet disbursements, made in pursuance of an appropriation by law and authorized by a certificate of approval issued by the director of the budget with copies thereof filed with the comptroller and the chair of the senate finance committee and the chair of the assembly ways and means committee. The director of the budget shall not issue such a certificate unless he shall have determined that the amounts to be so loaned are receivable on account. When making loans, the comptroller shall establish appropriate accounts and if the loan is not repaid by the end of the month, provide on or before the fifteenth day of the following month to the director of the budget, the chair of the senate finance committee and the chair of the assembly ways and means committee, an accurate accounting and report of the financial resources of each such fund at the end of such month. Within ten days of the receipt of such accounting and reporting, the director of the budget shall provide the chair of the senate finance committee and the chair of the assembly ways and means committee an expected schedule of repayment by fund and by source for each outstanding loan. Repayment shall be made by the comptroller from the first cash receipt of this fund.

§ 9. The state finance law is amended by adding a new section 22-b to read as follows:

§ 22-b. Report of the legislature on the enacted budget. Within thirty days of passage of the budget the senate and the assembly shall issue either jointly or separately, a legislative report on the budget. Such report shall contain a description of appropriation changes between the budget submitted by the governor and the enacted budget and the effect of such changes on employment levels. Commencing with fiscal year nineteen hundred ninety-four-nineteen hundred ninety-five, such report shall also summarize changes in appropriations by function in a form suitable for comparison with the schedule required to be submitted with the governor's proposed budget. The findings and descriptions contained in the report required by this section shall constitute the expression of legislative intent with respect to the budget to which such report relates.

§ 10. The legislative law is amended by adding two new sections 53 and 54 to read as follows:

$53. Budget review process. Within ten days after submission of the budget by the governor pursuant to article seven of the constitution, the temporary president of the senate and the speaker of the assembly shall jointly or separately promulgate a schedule for the specific budget-related actions of each house, including but not limited to the following: 1. a preliminary response by the houses to the governor's budget submission; 2. fiscal committee hearings on the budget, hearings with heads of departments and divisions pursuant to section three of article seven of the constitution, and other actions which may be taken by the fiscal Committees, which shall be designed to inform the public of the contents of the governor's budget, policy issues relating to such budget and such other information as the senate and the assembly shall jointly or separately determine. Such hearings and other actions may be conducted jointly or separately;

3. a date for the production of a forecast or forecasts on receipts which shall constitute an evaluation developed by the fiscal committees

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

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