S 476: Enacts the "over-expenditure, under-expenditure, transfer notification (OUT) act" to provide for the use of surplus appropriated funds and over-expenditure approval.

  
  STATE OF NEW YORK ________________________________________________________________________ 476 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ 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. LBD01832-01-5 
 S. 476 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.