Bill Text: NY S03302 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to items of appropriation.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-03-13 - OPINION REFERRED TO JUDICIARY [S03302 Detail]

Download: New_York-2019-S03302-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3302
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 5, 2019
                                       ___________
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
        proposing amendments to article 7 of the constitution,  in  relation  to
          items of appropriation
     1    Section  1. Resolved (if the Assembly concur), That section 3 of arti-
     2  cle 7 of 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:
     5    (a)  a  bill  or  bills containing all the proposed appropriations and
     6  reappropriations included in the budget [and], provided,  however,  that
     7  such  appropriations  and  reappropriations shall be consistent with and
     8  constrained by the provisions of existing state law  and  shall  neither
     9  amend nor withstand such existing state law, except for monetary amounts
    10  where appropriate; and
    11    (b) the proposed legislation, if any, recommended therein, which shall
    12  be  in  a  nonappropriation bill or bills separate and distinct from the
    13  appropriation bill or bills.
    14    The governor may at any time within thirty days thereafter  and,  with
    15  the consent of the legislature, at any time before the adjournment ther-
    16  eof,  amend  or supplement the budget and submit amendments to any bills
    17  submitted by him or her or submit supplemental bills.
    18    The governor and the heads of departments shall have the right, and it
    19  shall be the duty of the heads of departments when requested  by  either
    20  house  of the legislature or an appropriate committee thereof, to appear
    21  and be heard in respect to the budget during the consideration  thereof,
    22  and to answer inquiries relevant thereto. The procedure for such appear-
    23  ances and inquiries shall be provided by law.
    24    § 2. Resolved (if the Assembly concur), That section 6 of article 7 of
    25  the constitution be amended to read as follows:
    26    § 6. Except for appropriations contained in the bills submitted by the
    27  governor  and  in  a  supplemental appropriation bill for the support of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89105-01-9
        S. 3302                             2
     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 as
     4  provided in section 7 of article IV.
     5    [No provision shall be embraced in any] Any appropriation bill submit-
     6  ted by the governor or [in] such supplemental appropriation bill [unless
     7  it  relates]  shall only contain items of appropriation and descriptions
     8  thereof. Such item of appropriation shall  not  contain  multiple  items
     9  unless  separately scheduled and shall, where practicable, include iden-
    10  tification  of  the  statutory  basis   for   such   expenditure.   Such
    11  description:
    12    (a)  shall relate specifically to some particular appropriation in the
    13  bill[, and any such provision shall be limited in its operation to  such
    14  appropriation];
    15    (b)  shall  identify the object or purpose of the appropriation to the
    16  extent necessary for the legislature and public  to  effectively  review
    17  the proposed appropriation;
    18    (c)  shall  not  include  the  conditions,  rules or requirements of a
    19  program to be funded thereby; provided any  such  conditions,  rules  or
    20  requirements  shall  be  separately  set forth by the governor in either
    21  nonappropriation bills containing proposed legislation or the additional
    22  budgetary information submitted  by  the  governor  in  accordance  with
    23  section two of this article; and
    24    (d)  shall  not  abrogate  or  modify  an  existing  provision of law,
    25  provided, however, the governor may propose  such  modifications  to  an
    26  existing  provision  of  law  in  nonappropriation  bills in accord with
    27  subdivision (b) of section three of this article.
    28    § 3. Resolved (if the Assembly concur), That the  foregoing  amendment
    29  be referred to the first regular legislative session convening after the
    30  next  succeeding  general  election  of members of the assembly, and, in
    31  conformity with  section  1  of  article  19  of  the  constitution,  be
    32  published for 3 months previous to the time of such election.