Bill Text: NY S08198 | 2019-2020 | General Assembly | Amended

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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: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2020-11-13 - OPINION REFERRED TO JUDICIARY [S08198 Detail]

Download: New_York-2019-S08198-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8198--A

                    IN SENATE

                                     April 13, 2020
                                       ___________

        Introduced  by  Sens. BIAGGI, SKOUFIS, RIVERA, BROOKS, CARLUCCI, COMRIE,
          GOUNARDES, JACKSON, LIU, MAY, METZGER, RAMOS -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary  --  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 Assembly concur), That section 2 of arti-
     2  cle 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 Assembly 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.
    25    The  governor  may at any time within thirty days thereafter and, with
    26  the consent of the legislature, at any time before the adjournment ther-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89124-04-0
        S. 8198--A                          2

     1  eof, amend or supplement the budget and submit amendments to  any  bills
     2  submitted by him or her or submit supplemental bills.
     3    Any  new  legislation,  amendment to legislation, or limitation on the
     4  effect of any legislation contained in any  bill  submitted  under  this
     5  section  shall  be separately stated, in a manner to enable the legisla-
     6  ture and the governor to act in relation to that matter under section  4
     7  of this article.
     8    The governor and the heads of departments shall have the right, and it
     9  shall  be  the duty of the heads of departments when requested by either
    10  house of the legislature or an appropriate committee thereof, to  appear
    11  and  be heard in respect to the budget during the consideration thereof,
    12  and to answer inquiries relevant thereto. The procedure for such appear-
    13  ances and inquiries shall be provided by law.
    14    § 3. Resolved (if the Assembly 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 appropriation  bill  submitted
    17  by  the governor [except] to strike out or reduce items therein, [but it
    18  may] to add thereto items of appropriation, or to modify  or  substitute
    19  items of appropriation (including adding, deleting, modifying or substi-
    20  tuting  any  new legislation, amendment to legislation, or limitation on
    21  the effect of any legislation); provided that such additions,  modifica-
    22  tions,  and  substitutions are stated separately and distinctly from the
    23  original items of the bill and refer each to a single object or purpose.
    24  [None of the restrictions of  this  section,  however,  shall  apply  to
    25  appropriations for the legislature or judiciary.]
    26    Such  an  appropriation bill shall when passed by both houses be a law
    27  immediately without further action by the governor, except  that  appro-
    28  priations  for the legislature and judiciary and separate items added to
    29  and modifications or substitutions of the governor's bills by the legis-
    30  lature shall be subject to approval of the governor and  action  by  the
    31  legislature  as  provided in section 7 of article IV. Provided, however,
    32  that where a modification  or  substitution  by  the  legislature  is  a
    33  deletion  of new legislation, a deletion of an amendment to legislation,
    34  or a deletion of a limitation on the effect of any legislation,  any  of
    35  which were submitted by the governor under this article, it shall not be
    36  subject to approval of the governor.
    37    § 4. Resolved (if the Assembly concur), That section 5 of article 7 of
    38  the constitution be amended to read as follows:
    39    §  5.  [Neither house of the] The legislature [shall] may consider any
    40  other bill making an appropriation [until all] whether  or  not  it  has
    41  acted  on  the appropriation bills submitted by the governor [shall have
    42  been finally acted on by both houses, except on message from the  gover-
    43  nor  certifying  to  the  necessity  of  the immediate passage of such a
    44  bill].
    45    § 5. Resolved (if the Assembly concur), That section 6 of article 7 of
    46  the constitution be amended to read as follows:
    47    § 6. Except for appropriations contained in the bills submitted by the
    48  governor and in a supplemental appropriation bill  for  the  support  of
    49  government,  no  appropriations  shall  be made except by separate bills
    50  each for a single object or purpose. All such  bills  and  such  supple-
    51  mental  appropriation  bill  shall be subject to the governor's approval
    52  and action by the legislature as provided in section 7 of article IV.
    53    No provision shall be embraced in any appropriation bill submitted  by
    54  the  governor  or  in  such  supplemental  appropriation  bill unless it
    55  relates specifically to some particular appropriation in the  bill,  and
        S. 8198--A                          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 Assembly concur), That the foregoing amendments
    10  be 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.