General Assembly Governor's Bill No. 5017
February Session, 2010 LCO No. 396
*00396__________*
Referred to Committee on Appropriations
Introduced by:
REP. CAFERO, 142nd Dist. SEN. MCKINNEY, 28th Dist.
General Assembly
Governor's Bill No. 5017
February Session, 2010
LCO No. 396
*00396__________*
Referred to Committee on Appropriations
Introduced by:
REP. CAFERO, 142nd Dist.
SEN. MCKINNEY, 28th Dist.
AN ACT CONCERNING THE GOVERNOR'S RESCISSION AUTHORITY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 4-85 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Before an appropriation becomes available for expenditure, each budgeted agency shall submit to the Governor through the Secretary of the Office of Policy and Management, not less than twenty days before the beginning of the fiscal year for which such appropriation was made, a requisition for the allotment of the amount estimated to be necessary to carry out the purposes of such appropriation during each quarter of such fiscal year. Appropriations for capital outlays may be allotted in any manner the Governor deems advisable. Such requisition shall contain any further information required by the Secretary of the Office of Policy and Management. The Governor shall approve such requisitions, subject to the provisions of subsection (b) of this section.
(b) Any allotment requisition and any allotment in force shall be subject to the following: (1) If the Governor determines that due to a change in circumstances since the budget was adopted certain reductions should be made in allotment requisitions or allotments in force or that estimated budget resources during the fiscal year will be insufficient to finance all appropriations in full, the Governor may modify such allotment requisitions or allotments in force to the extent the Governor deems necessary. Before such modifications are effected the Governor shall file a report with the joint standing committee having cognizance of matters relating to appropriations and the budgets of state agencies and the joint standing committee having cognizance of matters relating to state finance, revenue and bonding describing the change in circumstances which makes it necessary that certain reductions should be made or the basis for his determination that estimated budget resources will be insufficient to finance all appropriations in full. (2) If the cumulative monthly financial statement issued by the Comptroller pursuant to section 3-115 includes a projected General Fund deficit greater than one per cent of the total of General Fund appropriations, the Governor, [within] not later than thirty days following the issuance of such statement, shall file a report with [such] said joint standing committees, including a plan which [he] the Governor shall implement to modify such allotments to the extent necessary to prevent a deficit. No modification of an allotment requisition or an allotment in force made by the Governor pursuant to this [subsection] subdivision shall result in a reduction of more than three per cent of the total appropriation from any fund or more than five per cent of any appropriation, except such limitations shall not apply in time of war, invasion or emergency caused by natural disaster. (3) If the cumulative monthly financial statement issued by the Comptroller pursuant to section 3-115 includes a projected General Fund deficit greater than three per cent of the total of General Fund appropriations, the Governor, not later than thirty days following the issuance of such statement, shall file a report with said joint standing committees, including a plan which the Governor shall implement to modify such allotments to the extent necessary to prevent a deficit. No modification of an allotment requisition or an allotment in force made by the Governor pursuant to this subdivision shall result in a reduction of more than six per cent of the total appropriation from any fund or more than ten per cent of any appropriation, except that such limitations shall not apply in time of war, invasion or emergency caused by natural disaster. (4) If the cumulative monthly financial statement issued by the Comptroller pursuant to section 3-115 includes a projected General Fund deficit greater than five per cent of the total of General Fund appropriations, the Governor, not later than thirty days following the issuance of such statement, shall file a report with said joint standing committees, including a plan which the Governor shall implement to modify such allotments to the extent necessary to prevent a deficit. No modification of an allotment requisition or an allotment in force made by the Governor pursuant to this subdivision shall result in a reduction of more than ten per cent of the total appropriation from any fund or more than fifteen per cent of any appropriation, except that such limitations shall not apply in time of war, invasion or emergency caused by natural disaster.
(c) (1) If a plan submitted in accordance with subdivision (2) of subsection (b) of this section indicates that a reduction of more than three per cent of the total appropriation from any fund or more than five per cent of any appropriation is required to prevent a deficit, the Governor may request that the Finance Advisory Committee approve any such reduction, provided any modification [which] that would result in a reduction of more than five per cent of total appropriations shall require the approval of the General Assembly. (2) If a plan submitted in accordance with subdivision (3) of subsection (b) of this section indicates that a reduction of more than six per cent of the total appropriation from any fund or more than ten per cent of any appropriation is required to prevent a deficit, the Governor may request that the Finance Advisory Committee approve any such reduction, provided any modification that would result in a reduction of more than five per cent of total appropriations shall require the approval of the General Assembly, and provided further that if the General Assembly fails to act on any such modification by the date thirty days after the date of submittal of the plan to the General Assembly, such modification shall be deemed to have been approved by the General Assembly. (3) If a plan submitted in accordance with subdivision (4) of subsection (b) of this section indicates that a reduction of more than ten per cent of the total appropriation from any fund or more than fifteen per cent of any appropriation is required to prevent a deficit, the Governor may request that the Finance Advisory Committee approve any such reduction, provided any modification that would result in a reduction of more than five per cent of total appropriations shall require the approval of the General Assembly, and provided further that, if the General Assembly fails to act on any such modification by the date thirty days after the date of submittal of the plan to the General Assembly, such modification shall be deemed to have been approved by the General Assembly.
(d) The secretary shall submit copies of allotment requisitions thus approved or modified or allotments in force thus modified, with the reasons for any modifications, to the administrative heads of the budgeted agencies concerned, to the Comptroller and to the joint standing committee of the General Assembly having cognizance of appropriations and matters relating to the budgets of state agencies, through the Office of Fiscal Analysis. The Comptroller shall set up such allotments on the Comptroller's books and be governed thereby in the control of expenditures of budgeted agencies.
(e) The provisions of this section shall not be construed to authorize the Governor to reduce allotment requisitions or allotments in force concerning (1) aid to municipalities; or (2) any budgeted agency of the legislative or judicial branch, except that the Governor may require an aggregate allotment reduction of a specified amount in accordance with this section for the legislative or judicial branch, which shall be achieved as determined by the Joint Committee on Legislative Management or the Chief Court Administrator, as appropriate. The joint committee or Chief Court Administrator, as appropriate, shall submit reductions to the Governor through the Secretary of the Office of Policy and Management not more than fifteen days after the Governor requires such reductions.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage 4-85
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
4-85
Statement of Purpose:
To implement the Governor's budget recommendations.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]