Bill Text: NY S08212 | 2019-2020 | General Assembly | Amended

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Bill Title: Provides that any legislation included in with the governor's article VII submission must be directly necessary to provide moneys and revenues sufficient to meet such proposed expenditures.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-07-24 - OPINION REFERRED TO JUDICIARY [S08212 Detail]

Download: New_York-2019-S08212-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8212--A

                    IN SENATE

                                     April 17, 2020
                                       ___________

        Introduced  by Sens. METZGER, JACKSON -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Judiciary  --
          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, in relation  to
          appropriation bills submitted by the governor

     1    Section 1. Resolved (if the Assembly concur), That sections 2, 3 and 4
     2  of article 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 directly necessary to provide moneys and  revenues
    13  sufficient  to  meet  such  proposed expenditures. It shall also contain
    14  such other recommendations and information  as  the  governor  may  deem
    15  proper so as to assure a balanced budget and such additional information
    16  as  may  be required by law, and shall include a detailed explanation of
    17  the fiscal necessity of any such accompanying legislation.
    18    § 3. At the time of submitting  the  budget  to  the  legislature  the
    19  governor shall submit a bill or bills containing all the proposed appro-
    20  priations  and  reappropriations included in the budget and the proposed
    21  legislation, if any, recommended therein.
    22    The governor may at any time within thirty days thereafter  and,  with
    23  the consent of the legislature, at any time before the adjournment ther-
    24  eof,  amend  or supplement the budget and submit amendments to any bills
    25  submitted by him or her or submit supplemental  bills.  Any  legislation
    26  included  in  such amendments and supplements must be directly necessary
    27  to provide moneys and revenues sufficient to meet such proposed expendi-
    28  tures.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89164-04-0
        S. 8212--A                          2

     1    The governor and the heads of departments shall have the right, and it
     2  shall be the duty of the heads of departments when requested  by  either
     3  house  of the legislature or an appropriate committee thereof, to appear
     4  and be heard in respect to the budget during the consideration  thereof,
     5  and to answer inquiries relevant thereto. The procedure for such appear-
     6  ances and inquiries shall be provided by law.
     7    §  4. The legislature may not alter an appropriation bill submitted by
     8  the governor except to strike out or reduce items therein,  but  it  may
     9  add  thereto  items  of  appropriation  provided that such additions are
    10  stated separately and distinctly from the original items of the bill and
    11  refer each to a single object or purpose. None of  the  restrictions  of
    12  this section, however, shall apply to appropriations for the legislature
    13  or judiciary. The legislature shall reject any proposed legislation that
    14  is  not  directly necessary to provide moneys and revenues sufficient to
    15  meet such proposed expenditures, and  may  only  include  or  alter  any
    16  legislation  that  is  directly necessary to provide moneys and revenues
    17  sufficient to meet such proposed expenditures.
    18    Such an appropriation bill shall when passed by both houses be  a  law
    19  immediately  without  further action by the governor, except that appro-
    20  priations for the legislature and judiciary and separate items added  to
    21  the  governor's bills by the legislature shall be subject to approval of
    22  the governor as provided in section 7 of article IV.
    23    § 2. Resolved (if the Assembly concur), That the  foregoing  amendment
    24  be referred to the first regular legislative session convening after the
    25  next  succeeding  general  election  of members of the assembly, and, in
    26  conformity with  section  1  of  article  19  of  the  constitution,  be
    27  published for three months previous to the time of such election.