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


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: Moderate Partisan Bill (Democrat 65-21)

Status: (Introduced) 2020-07-29 - to attorney-general for opinion [A09100 Detail]

Download: New_York-2019-A09100-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         9100--A

                   IN ASSEMBLY

                                    January 17, 2020
                                       ___________

        Introduced  by  M.  of  A.  GOTTFRIED,  ABBATE, ABINANTI, ASHBY, BARRON,
          BRAUNSTEIN, CAHILL,  CARROLL,  COLTON,  DeSTEFANO,  DINOWITZ,  D'URSO,
          ENGLEBRIGHT,   EPSTEIN,  GALEF,  GARBARINO,  GLICK,  HEVESI,  HYNDMAN,
          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, CYMBROW-
          ITZ, TAGUE, BRABENEC, PALUMBO, KOLB, SMULLEN, CUSICK, LUPARDO, EICHEN-
          STEIN, SEAWRIGHT, B. MILLER, PHEFFER AMATO, SIMOTAS,  NORRIS,  HAWLEY,
          OTIS,  KIM,  GIGLIO,  TAYLOR,  QUART, WALSH, MANKTELOW, BARRETT, CRUZ,
          FRONTUS, DenDEKKER, FAHY, O'DONNELL, WALLACE, RICHARDSON, NIOU, JACOB-
          SON, WOERNER, REYES -- Multi-Sponsored by -- M. of A. COOK, CROUCH  --
          read once and referred to the Committee on Ways and Means -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

                    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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89124-03-0

        A. 9100--A                          2

     1    § 2. Resolved (if the Senate concur), That section 3 of article  7  of
     2  the constitution be amended to read as follows:
     3    §  3.  At  the  time  of  submitting the budget to the legislature the
     4  governor shall submit a bill or bills containing all the proposed appro-
     5  priations and reappropriations included in the budget and  the  proposed
     6  legislation, if any, recommended therein.
     7    The  governor  may at any time within thirty days thereafter and, with
     8  the consent of the legislature, at any time before the adjournment ther-
     9  eof, amend or supplement the budget and submit amendments to  any  bills
    10  submitted by him or her or submit supplemental bills.
    11    Any  new  legislation,  amendment to legislation, or limitation on the
    12  effect of any legislation contained in any  bill  submitted  under  this
    13  section  shall  be separately stated, in a manner to enable the legisla-
    14  ture and the governor to act in relation to that matter under section  4
    15  of this article.
    16    The governor and the heads of departments shall have the right, and it
    17  shall  be  the duty of the heads of departments when requested by either
    18  house of the legislature or an appropriate committee thereof, to  appear
    19  and  be heard in respect to the budget during the consideration thereof,
    20  and to answer inquiries relevant thereto. The procedure for such appear-
    21  ances and inquiries shall be provided by law.
    22    § 3. Resolved (if the Senate concur), That section 4 of article  7  of
    23  the constitution be amended to read as follows:
    24    §  4.  The legislature may [not] alter an appropriation bill submitted
    25  by the governor [except] to strike out or reduce items therein, [but  it
    26  may]  to  add thereto items of appropriation, or to modify or substitute
    27  items of appropriation (including adding, deleting, modifying or substi-
    28  tuting any new legislation, amendment to legislation, or  limitation  on
    29  the  effect of any legislation); provided that such additions, modifica-
    30  tions, and substitutions are stated separately and distinctly  from  the
    31  original items of the bill and refer each to a single object or purpose.
    32  [None  of  the  restrictions  of  this  section, however, shall apply to
    33  appropriations for the legislature or judiciary.]
    34    Such an appropriation bill shall when passed by both houses be  a  law
    35  immediately  without  further action by the governor, except that appro-
    36  priations for the legislature and judiciary and separate items added  to
    37  and modifications or substitutions of the governor's bills by the legis-
    38  lature  shall  be  subject to approval of the governor and action by the
    39  legislature as provided in section 7 of article IV.  Provided,  however,
    40  that  where  a  modification  or  substitution  by  the legislature is a
    41  deletion of new legislation, a deletion of an amendment to  legislation,
    42  or  a  deletion of a limitation on the effect of any legislation, any of
    43  which were submitted by the governor under this article, it shall not be
    44  subject to approval of the governor.
    45    § 4. Resolved (if the Senate concur), That section 5 of article  7  of
    46  the constitution be amended to read as follows:
    47    §  5.  [Neither house of the] The legislature [shall] may consider any
    48  other bill making an appropriation [until all] whether  or  not  it  has
    49  acted  on  the appropriation bills submitted by the governor [shall have
    50  been finally acted on by both houses, except on message from the  gover-
    51  nor  certifying  to  the  necessity  of  the immediate passage of such a
    52  bill].
    53    § 5. Resolved (if the Senate concur), That section 6 of article  7  of
    54  the constitution be amended to read as follows:
    55    § 6. Except for appropriations contained in the bills submitted by the
    56  governor  and  in  a  supplemental appropriation bill for the support of

        A. 9100--A                          3

     1  government, no appropriations shall be made  except  by  separate  bills
     2  each  for  a  single  object or purpose. All such bills and such supple-
     3  mental appropriation bill shall be subject to  the  governor's  approval
     4  and action by the legislature as provided in section 7 of article IV.
     5    No  provision shall be embraced in any appropriation bill submitted by
     6  the governor or  in  such  supplemental  appropriation  bill  unless  it
     7  relates  specifically  to some particular appropriation in the bill, and
     8  any such provision shall be limited in its operation to  such  appropri-
     9  ation.
    10    Any  new  legislation,  amendment to legislation, or limitation on the
    11  effect of any legislation contained in a supplemental appropriation bill
    12  under this section shall be separately stated, in a manner to enable the
    13  legislature and the governor to act in relation  to  that  matter  under
    14  section 7 of article IV, and shall be subject to the governor's approval
    15  and action by the legislature as provided in section 7 of article IV.
    16    § 6. Resolved (if the Senate concur), That the foregoing amendments be
    17  referred  to  the  first regular legislative session convening after the
    18  next succeeding general election of members of  the  assembly,  and,  in
    19  conformity  with  section  1  of  article  19  of  the  constitution, be
    20  published for 3 months previous to the time of such election.
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