Bill Text: NY A09099 | 2019-2020 | General Assembly | Introduced


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) 2020-02-21 - opinion referred to judiciary [A09099 Detail]

Download: New_York-2019-A09099-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9099

                   IN ASSEMBLY

                                    January 17, 2020
                                       ___________

        Introduced by M. of A. BARNWELL -- Multi-Sponsored by -- M. of A. BRABE-
          NEC,  BURKE, BYRNES, DeSTEFANO, ROMEO, 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
    25  more  of  such] individual items while approving of the other portion of
    26  the bill. In such case the governor shall sign or veto the entire  bill.
    27  Should  the  governor choose to veto the bill, he or she shall append to
    28  the bill[, at the time of signing it,] a statement of the items to which

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89125-01-9

        A. 9099                             2

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