Bill Text: NY A06178 | 2019-2020 | General Assembly | Introduced

Bill Title: Reforms the state budget process to provide that upon failure by the legislature to act upon a state budget within seventy-two hours from the beginning of the state fiscal year, a default budget shall take effect.

Spectrum: Partisan Bill (Republican 26-0)

Status: (Introduced) 2019-03-28 - opinion referred to judiciary [A06178 Detail]

Download: New_York-2019-A06178-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 28, 2019
        Introduced  by  M.  of  A.  BARCLAY, BLANKENBUSH, GIGLIO, FINCH, HAWLEY,
          MIKULIN, BYRNES, TAGUE -- Multi-Sponsored  by  --  M.  of  A.  CROUCH,
          PALMESANO, SALKA -- read once and referred to the  Committee  on  Ways
          and Means
        proposing an amendment to section 4 of article 7 of the constitution, in
          relation to reforming the state budget process
     1    Section  1. Resolved (if the Senate concur), That section 4 of article
     2  7 of the constitution be amended to read as follows:
     3    § 4. The legislature may not alter an appropriation bill submitted  by
     4  the  governor  except  to strike out or reduce items therein, but it may
     5  add thereto items of appropriation  provided  that  such  additions  are
     6  stated separately and distinctly from the original items of the bill and
     7  refer  each  to  a single object or purpose. None of the restrictions of
     8  this section, however, shall apply to appropriations for the legislature
     9  or judiciary.
    10    Such an appropriation bill shall when passed by both houses be  a  law
    11  immediately   without  further  action  by  the  governor,  except  that
    12  appropriations for the legislature  and  judiciary  and  separate  items
    13  added  to  the  governor's  bills by the legislature shall be subject to
    14  approval of the governor as provided in section 7 of article IV.
    15    Upon the failure of both houses  to  finally  act  within  seventy-two
    16  hours  from  the beginning of the fiscal year on all appropriation bills
    17  submitted by the governor in  accordance  with  section  three  of  this
    18  article,  a default budget shall be law for such fiscal year as provided
    19  in  this  section.  The  default  budget  shall  be  comprised  of   all
    20  appropriation  bills  acted upon by both houses and which became law for
    21  the immediately preceding fiscal year or  the  default  budget  for  the
    22  immediately  preceding  fiscal  year  if a default budget became law for
    23  such fiscal year and all laws governing the apportionment and allocation
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6178                             2
     1  appropriations  and  the  transfer  and  the  loan  of  funds  for   the
     2  immediately  preceding  fiscal  year  shall  continue  to be law for the
     3  fiscal year for which the default budget is a  law,  provided,  however,
     4  that   in   no   event   shall  aggregate  disbursements  authorized  by
     5  appropriations contained in the default  budget  for  such  fiscal  year
     6  exceed  aggregate disbursements made in the immediately preceding fiscal
     7  year.
     8    In the event that a default budget becomes law for a fiscal year and a
     9  determination is made by the governor that,  for  the  fiscal  year  for
    10  which the default budget is a law, moneys and receipts available for the
    11  fiscal  year  are  less  than  moneys  and  receipts  available  for the
    12  immediately preceding fiscal year, the governor shall have the following
    13  powers:
    14    (a) The governor may transfer, in excess of any  limitation  otherwise
    15  provided  by law, any appropriation or portion thereof for any object or
    16  purpose  to  another  object  or  purpose  only  to   meet   contractual
    17  requirements  for  which  appropriations contained in the default budget
    18  are not sufficient to meet such requirements;
    19    (b) The governor may reduce by a uniform percentage all appropriations
    20  from the  general  fund  or  portions  thereof  not  necessary  to  meet
    21  contractual  requirements  or other requirements established by state or
    22  federal law;
    23    (c) The governor may modify the operation of  any  law  governing  the
    24  apportionment  and  the  allocation of appropriations or part thereof if
    25  the operation of such law or part  thereof  requires  disbursements  for
    26  such  object  or  purpose  required  by  the  operation  of  law for the
    27  immediately preceding fiscal year. The operation of any such law or part
    28  thereof shall only be modified such that such modification shall  result
    29  in  required  disbursements  for  an object or purpose during the fiscal
    30  year which is less than the disbursements for  such  object  or  purpose
    31  that  would  otherwise  be required by the operation of law without such
    32  modification, provided, however, that such modification shall not result
    33  in disbursements for an object  or  purpose  which  are  less  than  the
    34  disbursements  for  such  object  or  purpose  required  by  law for the
    35  immediately preceding fiscal year. Any such law which provides  for  the
    36  allocation  or  apportionment of appropriations for an object or purpose
    37  between or among entities may be modified by the governor only such that
    38  the required reduction in disbursements resulting from such modification
    39  results in a uniform percentage reduction to all affected entities.
    40    Any determination made by the governor pursuant to this section  that,
    41  for a fiscal year for which a default budget is law, moneys and receipts
    42  available  for  the  fiscal  year  are  less  than  moneys  and receipts
    43  available for the immediately preceding fiscal year shall only  be  made
    44  within fifteen days after the date on which a default budget becomes law
    45  and  the  estimate  of  moneys  and  receipts available used in any such
    46  determination shall be based on a consensus forecast or  other  forecast
    47  of  such  estimates  to  the  extent  provided  according  to procedures
    48  established by law. On making such a determination  the  governor  shall
    49  notify  both  houses  of the legislature of his or her determination and
    50  all modifications authorized by  this  section  that  will  be  made  to
    51  appropriations or to the operation of laws for the fiscal year.
    52    §  2. Resolved (if the Senate concur), That the foregoing amendment be
    53  referred to the first regular legislative session  convening  after  the
    54  next  succeeding  general  election  of members of the assembly, and, in
    55  conformity with  section  1  of  article  19  of  the  constitution,  be
    56  published for 3 months previous to the time of such election.