Section 71. Abolition, maintenance and establishment of funds  


Latest version.
  • 1.
      Notwithstanding  any  provision  of  law  to  the  contrary,  each  fund
      established  prior  to  the effective date of this section other than by
      law and in existence at the time of the effective date of this  section,
      shall  be  either abolished or continued in existence by the comptroller
      with the concurrence of the director of the budget. The balance  in  any
      fund  so  abolished  shall  be  paid  into  the  appropriate  fund.  The
      comptroller, after consultation with the director of the budget and  the
      heads of agencies and public benefit corporations significantly involved
      in  the operations of such funds, but in no event later than one hundred
      twenty days following the effective date of this section,  shall  submit
      to  the  legislature  and  the  governor  a report specifying the action
      which, with the concurrence of the director of the budget, he has  taken
      or  intends  to take in regard to every such fund and the fund type into
      which he intends to classify each fund  so  continued.  The  comptroller
      with  the  concurrence  of  the  director  of  the  budget,  at any time
      following  the  submission  of  this  report,  may  abolish   any   fund
      established  other  than by law provided that at the time of such action
      he shall submit a notice of such action and the reasons therefor to  the
      legislature and the governor.
        2. The comptroller, after consultation with the director of the budget
      and  the heads of agencies and public benefit corporations significantly
      involved in the operations of funds established by law but in  no  event
      later  than one hundred twenty days following the effective date of this
      section, shall submit to the  legislature  and  the  governor  a  report
      specifying  every  such  fund  and  setting  forth  for each such fund a
      recommendation of the comptroller as to the  desirability  of  repealing
      the   statute   establishing   such   fund,   continuing  the  statutory
      authorization for such fund, or modifying the statute establishing  such
      fund in one or more particular respects. Such report shall also indicate
      the  fund  type into which the comptroller intends to classify each fund
      established by law in the event that the legislative action  recommended
      in  such  report as to that fund is enacted and the fund type into which
      he intends to classify each fund if no legislative action  is  taken  in
      regard to that fund.
        3.  The comptroller with the concurrence of the director of the budget
      may establish such additional funds as are necessary to properly  manage
      and  account  for  the  financial activities and resources of the state,
      provided that in establishing funds and in continuing  funds,  only  the
      minimum  number of funds necessary to comply with legal requirements and
      generally  accepted  accounting  principles  shall  be  established  and
      continued   and  provided  that  at  the  time  an  additional  fund  is
      established he shall submit to the legislature and the governor a notice
      of such action and a statement setting forth the initial  date  of  such
      action,  the  sources  and uses of the financial resources of such fund,
      the fund type into which he  intends  to  classify  such  fund,  and  an
      explanation of the necessity for its establishment.