Bill Text: NY A09100 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that the Governor's annual budget proposal to the Legislature shall include statements of any new legislation, amendment to legislation, or limitation on the effect of any legislation contained in the budget; makes related provisions granting the legislature an equal role with the governor in the budget process.

Spectrum: Slight Partisan Bill (Democrat 51-20)

Status: (Introduced) 2020-02-21 - opinion referred to judiciary [A09100 Detail]

Download: New_York-2019-A09100-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9100

                   IN ASSEMBLY

                                    January 17, 2020
                                       ___________

        Introduced  by  M.  of  A.  GOTTFRIED,  ABBATE, ABINANTI, ASHBY, BARRON,
          BRAUNSTEIN, CAHILL,  CARROLL,  COLTON,  CRESPO,  DeSTEFANO,  DINOWITZ,
          D'URSO,  ENGLEBRIGHT,  EPSTEIN, GALEF, GARBARINO, GLICK, HEVESI, HYND-
          MAN,  JAFFEE,  LAVINE,  LIFTON,  M. G. MILLER,  MAGNARELLI,  McDONALD,
          MONTESANO,    MORINELLO,    MOSLEY,    ORTIZ,    PALMESANO,    PAULIN,
          PEOPLES-STOKES, RIVERA, L. ROSENTHAL,  SALKA,  SIMON,  STECK,  STIRPE,
          THIELE,  WALCZYK  --  Multi-Sponsored by -- M.   of A. COOK, CROUCH --
          read once and referred to the Committee on Ways and Means

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing an amendment to article 7 of  the  constitution,  relating  to
          content of article VII bills

     1    Section  1. Resolved (if the Senate concur), That section 2 of article
     2  7 of the constitution be amended to read as follows:
     3    § 2. Annually, on or before the first day of  February  in  each  year
     4  following  the year fixed by the constitution for the election of gover-
     5  nor and lieutenant governor, and on or before the second Tuesday follow-
     6  ing the first day of the annual meeting of the legislature, in all other
     7  years, the governor shall submit to the legislature a budget  containing
     8  a  complete plan of expenditures proposed to be made before the close of
     9  the ensuing fiscal year and all moneys  and  revenues  estimated  to  be
    10  available  therefor,  together  with an explanation of the basis of such
    11  estimates and recommendations as to proposed legislation, if any,  which
    12  the  governor  may  deem necessary to provide moneys and revenues suffi-
    13  cient to meet such proposed expenditures. It  shall  also  contain  such
    14  other  recommendations  and  information as the governor may deem proper
    15  and such additional information as may be required by law.   The  budget
    16  shall  include  statements  of  any new legislation, amendment to legis-
    17  lation, or limitation on the effect of any legislation contained in  the
    18  budget.
    19    §  2.  Resolved (if the Senate concur), That section 3 of article 7 of
    20  the constitution be amended to read as follows:
    21    § 3. At the time of submitting  the  budget  to  the  legislature  the
    22  governor shall submit a bill or bills containing all the proposed appro-
    23  priations  and  reappropriations included in the budget and the proposed
    24  legislation, if any, recommended therein.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89124-02-9

        A. 9100                             2

     1    The governor may at any time within thirty days thereafter  and,  with
     2  the consent of the legislature, at any time before the adjournment ther-
     3  eof,  amend  or supplement the budget and submit amendments to any bills
     4  submitted by him or her or submit supplemental bills.
     5    Any  new  legislation,  amendment to legislation, or limitation on the
     6  effect of any legislation contained in any  bill  submitted  under  this
     7  section  shall  be separately stated, in a manner to enable the legisla-
     8  ture and the governor to act in relation to that matter under section  4
     9  of this article.
    10    The governor and the heads of departments shall have the right, and it
    11  shall  be  the duty of the heads of departments when requested by either
    12  house of the legislature or an appropriate committee thereof, to  appear
    13  and  be heard in respect to the budget during the consideration thereof,
    14  and to answer inquiries relevant thereto. The procedure for such appear-
    15  ances and inquiries shall be provided by law.
    16    § 3. Resolved (if the Senate concur), That section 4 of article  7  of
    17  the constitution be amended to read as follows:
    18    §  4.  The legislature may [not] alter an appropriation bill submitted
    19  by the governor [except] to strike out or reduce items therein, [but  it
    20  may]  to  add thereto items of appropriation, or to modify or substitute
    21  items of appropriation (including adding, deleting, modifying or substi-
    22  tuting any new legislation, amendment to legislation, or  limitation  on
    23  the  effect of any legislation); provided that such additions, modifica-
    24  tions, and substitutions are stated separately and distinctly  from  the
    25  original items of the bill and refer each to a single object or purpose.
    26  [None  of  the  restrictions  of  this  section, however, shall apply to
    27  appropriations for the legislature or judiciary.]
    28    Such an appropriation bill shall when passed by both houses be  a  law
    29  immediately  without  further action by the governor, except that appro-
    30  priations for the legislature and judiciary and separate items added  to
    31  and modifications or substitutions of the governor's bills by the legis-
    32  lature  shall  be  subject to approval of the governor and action by the
    33  legislature as provided in section 7 of article IV.  Provided,  however,
    34  that  where  a  modification  or  substitution  by  the legislature is a
    35  deletion of new legislation, of an amendment  to  legislation  or  of  a
    36  limitation  on  the  effect of any legislation submitted by the governor
    37  under this article, it shall not be subject to approval of the governor.
    38    § 4. Resolved (if the Senate concur), That section 5 of article  7  of
    39  the constitution be amended to read as follows:
    40    §  5.  [Neither house of the] The legislature [shall] may consider any
    41  other bill making an appropriation [until all] whether  or  not  it  has
    42  acted  on  the appropriation bills submitted by the governor [shall have
    43  been finally acted on by both houses, except on message from the  gover-
    44  nor  certifying  to  the  necessity  of  the immediate passage of such a
    45  bill].
    46    § 5. Resolved (if the Senate concur), That section 6 of article  7  of
    47  the constitution be amended to read as follows:
    48    § 6. Except for appropriations contained in the bills submitted by the
    49  governor  and  in  a  supplemental appropriation bill for the support of
    50  government, no appropriations shall be made  except  by  separate  bills
    51  each  for  a  single  object or purpose. All such bills and such supple-
    52  mental appropriation bill shall be subject to  the  governor's  approval
    53  and action by the legislature as provided in section 7 of article IV.
    54    No  provision shall be embraced in any appropriation bill submitted by
    55  the governor or  in  such  supplemental  appropriation  bill  unless  it
    56  relates  specifically  to some particular appropriation in the bill, and

        A. 9100                             3

     1  any such provision shall be limited in its operation to  such  appropri-
     2  ation.
     3    Any  new  legislation,  amendment to legislation, or limitation on the
     4  effect of any legislation contained in a supplemental appropriation bill
     5  under this section shall be separately stated, in a manner to enable the
     6  legislature and the governor to act in relation  to  that  matter  under
     7  section 7 of article IV, and shall be subject to the governor's approval
     8  and action by the legislature as provided in section 7 of article IV.
     9    § 6. Resolved (if the Senate concur), That the foregoing amendments be
    10  referred  to  the  first regular legislative session convening after the
    11  next succeeding general election of members of  the  assembly,  and,  in
    12  conformity  with  section  1  of  article  19  of  the  constitution, be
    13  published for 3 months previous to the time of such election.
feedback