STATE OF NEW YORK ________________________________________________________________________ 6178 2019-2020 Regular Sessions IN ASSEMBLY February 28, 2019 ___________ Introduced by M. of A. BARCLAY, BLANKENBUSH, GIGLIO, FINCH, HAWLEY, LAWRENCE, MONTESANO, RA, STEC, NORRIS, BRABENEC, MORINELLO, MANKTELOW, MIKULIN, BYRNES, TAGUE -- Multi-Sponsored by -- M. of A. CROUCH, DiPIETRO, FITZPATRICK, FRIEND, GARBARINO, JOHNS, KOLB, McDONOUGH, PALMESANO, SALKA -- read once and referred to the Committee on Ways and Means CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 4 of article 7 of the constitution, in relation to reforming the state budget process 1 Section 1. Resolved (if the Senate concur), That section 4 of article 2 7 of the constitution be amended to read as follows: 3 § 4. The legislature may not alter an appropriation bill submitted by 4 the governor except to strike out or reduce items therein, but it may 5 add thereto items of appropriation provided that such additions are 6 stated separately and distinctly from the original items of the bill and 7 refer each to a single object or purpose. None of the restrictions of 8 this section, however, shall apply to appropriations for the legislature 9 or judiciary. 10 Such an appropriation bill shall when passed by both houses be a law 11 immediately without further action by the governor, except that 12 appropriations for the legislature and judiciary and separate items 13 added to the governor's bills by the legislature shall be subject to 14 approval of the governor as provided in section 7 of article IV. 15 Upon the failure of both houses to finally act within seventy-two 16 hours from the beginning of the fiscal year on all appropriation bills 17 submitted by the governor in accordance with section three of this 18 article, a default budget shall be law for such fiscal year as provided 19 in this section. The default budget shall be comprised of all 20 appropriation bills acted upon by both houses and which became law for 21 the immediately preceding fiscal year or the default budget for the 22 immediately preceding fiscal year if a default budget became law for 23 such fiscal year and all laws governing the apportionment and allocation EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89108-01-9A. 6178 2 1 appropriations and the transfer and the loan of funds for the 2 immediately preceding fiscal year shall continue to be law for the 3 fiscal year for which the default budget is a law, provided, however, 4 that in no event shall aggregate disbursements authorized by 5 appropriations contained in the default budget for such fiscal year 6 exceed aggregate disbursements made in the immediately preceding fiscal 7 year. 8 In the event that a default budget becomes law for a fiscal year and a 9 determination is made by the governor that, for the fiscal year for 10 which the default budget is a law, moneys and receipts available for the 11 fiscal year are less than moneys and receipts available for the 12 immediately preceding fiscal year, the governor shall have the following 13 powers: 14 (a) The governor may transfer, in excess of any limitation otherwise 15 provided by law, any appropriation or portion thereof for any object or 16 purpose to another object or purpose only to meet contractual 17 requirements for which appropriations contained in the default budget 18 are not sufficient to meet such requirements; 19 (b) The governor may reduce by a uniform percentage all appropriations 20 from the general fund or portions thereof not necessary to meet 21 contractual requirements or other requirements established by state or 22 federal law; 23 (c) The governor may modify the operation of any law governing the 24 apportionment and the allocation of appropriations or part thereof if 25 the operation of such law or part thereof requires disbursements for 26 such object or purpose required by the operation of law for the 27 immediately preceding fiscal year. The operation of any such law or part 28 thereof shall only be modified such that such modification shall result 29 in required disbursements for an object or purpose during the fiscal 30 year which is less than the disbursements for such object or purpose 31 that would otherwise be required by the operation of law without such 32 modification, provided, however, that such modification shall not result 33 in disbursements for an object or purpose which are less than the 34 disbursements for such object or purpose required by law for the 35 immediately preceding fiscal year. Any such law which provides for the 36 allocation or apportionment of appropriations for an object or purpose 37 between or among entities may be modified by the governor only such that 38 the required reduction in disbursements resulting from such modification 39 results in a uniform percentage reduction to all affected entities. 40 Any determination made by the governor pursuant to this section that, 41 for a fiscal year for which a default budget is law, moneys and receipts 42 available for the fiscal year are less than moneys and receipts 43 available for the immediately preceding fiscal year shall only be made 44 within fifteen days after the date on which a default budget becomes law 45 and the estimate of moneys and receipts available used in any such 46 determination shall be based on a consensus forecast or other forecast 47 of such estimates to the extent provided according to procedures 48 established by law. On making such a determination the governor shall 49 notify both houses of the legislature of his or her determination and 50 all modifications authorized by this section that will be made to 51 appropriations or to the operation of laws for the fiscal year. 52 § 2. Resolved (if the Senate concur), That the foregoing amendment be 53 referred to the first regular legislative session convening after the 54 next succeeding general election of members of the assembly, and, in 55 conformity with section 1 of article 19 of the constitution, be 56 published for 3 months previous to the time of such election.