Bill Text: NY A01964 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to a constitutional amendment giving the legislature greater ability to strike out, reduce, or increase any appropriation submitted by the governor; allows the legislature to override a veto by the governor by a two-thirds vote.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-02-18 - opinion referred to judiciary [A01964 Detail]

Download: New_York-2021-A01964-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1964

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2021
                                       ___________

        Introduced  by  M.  of  A. BARNWELL, HEVESI, THIELE, EPSTEIN, PALMESANO,
          TAGUE, WALCZYK, MONTESANO -- Multi-Sponsored by -- M. of A.  BRABENEC,
          BYRNES, DeSTEFANO, SMITH -- read once and referred to the Committee on
          Ways and Means

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing an amendment to section 7 of article 4 and sections 4 and 6 of
          article  7  of  the constitution, in relation to article VII appropri-
          ations

     1    Section 1. Resolved (if the Senate concur), That section 7 of  article
     2  4 of the constitution be amended to read as follows:
     3    § 7. Every bill which shall have passed the senate and assembly shall,
     4  before  it  becomes a law, be presented to the governor; if the governor
     5  approve, he or she shall sign it; but if not, he or she shall return  it
     6  with  his  or  her objections to the house in which it shall have origi-
     7  nated, which shall enter the objections at large  on  the  journal,  and
     8  proceed  to  reconsider it. If after such reconsideration, two-thirds of
     9  the members elected to that house shall agree to pass the bill, it shall
    10  be sent together with the objections, to the other house,  by  which  it
    11  shall  likewise  be  reconsidered;  and if approved by two-thirds of the
    12  members elected to that house, it shall become a law notwithstanding the
    13  objections of the governor. In all such cases the votes in  both  houses
    14  shall  be  determined  by  yeas  and  nays, and the names of the members
    15  voting shall be entered on the journal of each  house  respectively.  If
    16  any  bill shall not be returned by the governor within ten days (Sundays
    17  excepted) after it shall have been presented to him  or  her,  the  same
    18  shall  be a law in like manner as if he or she had signed it, unless the
    19  legislature shall, by their adjournment, prevent its  return,  in  which
    20  case  it shall not become a law without the approval of the governor. No
    21  bill shall become a law after the final adjournment of the  legislature,
    22  unless  approved  by the governor within thirty days after such adjourn-
    23  ment. If any bill presented to the governor  contain  several  items  of
    24  appropriation  of  money, the governor [may] shall not object to [one or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89081-01-1
        A. 1964                             2

     1  more of such] individual items while approving of the other  portion  of
     2  the  bill. In such case the governor shall sign or veto the entire bill.
     3  Should the governor choose to veto the bill, he or she shall  append  to
     4  the bill[, at the time of signing it,] a statement of the items to which
     5  he  or she objects[; and the appropriation so objected to shall not take
     6  effect] for consideration by the legislature. If the legislature  be  in
     7  session,  he or she shall transmit to the house in which the bill origi-
     8  nated a copy of such statement[, and the  items  objected  to  shall  be
     9  separately  reconsidered].  If  on  reconsideration [one or more of such
    10  items] such bill be approved by two-thirds of  the  members  elected  to
    11  each  house,  the  same  shall  be  part of the law, notwithstanding the
    12  objections of the governor. If the legislature does not override a  veto
    13  by  the  governor,  the legislature may amend the vetoed bill and submit
    14  such amended bill  to  the  governor  for  approval  or  veto.  All  the
    15  provisions  of  this  section,  in relation to bills not approved by the
    16  governor, shall apply in  cases  in  which  he  or  she  shall  withhold
    17  approval from any item or items contained in a bill appropriating money.
    18    §  2.  Resolved (if the Senate concur), That section 4 of article 7 of
    19  the constitution be amended to read as follows:
    20    § 4. The legislature may [not] alter [an] any  and  all  appropriation
    21  [bill]  bills submitted by the governor [except to]. The legislature may
    22  strike out [or], reduce [items therein, but it may add thereto items  of
    23  appropriation  provided  that  such  additions are stated separately and
    24  distinctly from the original items of the  bill  and  refer  each  to  a
    25  single  object  or  purpose.  None  of the restrictions of this section,
    26  however, shall apply to appropriations for the legislature or judiciary.
    27    Such an appropriation bill shall when passed by both houses be  a  law
    28  immediately  without  further action by the governor, except that appro-
    29  priations for the legislature and judiciary and separate items added  to
    30  the  governor's bills by the legislature shall be subject to approval of
    31  the governor as provided in section 7 of article IV],  or  increase  any
    32  appropriation  submitted  by  the governor. Upon passage by the legisla-
    33  ture, appropriation bills shall be sent to the governor for approval  or
    34  veto,  and  if  vetoed  may be subject to a legislative override of such
    35  veto, as provided in section 7 of article  IV.  Where  an  appropriation
    36  bill  is  vetoed  by the governor, and the legislature does not override
    37  such veto, the legislature may amend such vetoed bill and submit to  the
    38  governor  for his or her approval or veto such amended bill, as provided
    39  in section 7 of article IV.
    40    § 3. Resolved (if the Senate concur), That section 6 of article  7  of
    41  the constitution be amended to read as follows:
    42    § 6. Except for appropriations contained in the bills submitted by the
    43  governor  [and], in a supplemental appropriation bill for the support of
    44  government, and those  amended  and  submitted  by  the  legislature  as
    45  provided  in  section 4 of this article, no appropriations shall be made
    46  except by separate bills each for a single object or purpose.  All  such
    47  bills  and  such supplemental appropriation bill shall be subject to the
    48  governor's approval or a legislative override of a veto by the  governor
    49  as provided in section 7 of article IV.
    50    No  provision shall be embraced in any appropriation bill submitted by
    51  the governor [or], in such supplemental appropriation bill, or  in  such
    52  amended bill submitted by the legislature unless it relates specifically
    53  to  some  particular  appropriation  in the bill, and any such provision
    54  shall be limited in its operation to such appropriation.
    55    § 4. Resolved (if the Senate concur), That the foregoing amendment  be
    56  referred  to  the  first regular legislative session convening after the
        A. 1964                             3

     1  next succeeding general election of members of  the  assembly,  and,  in
     2  conformity  with  section  1  of  article  19  of  the  constitution, be
     3  published for three months previous to the time of such election.