Bill Text: NY A09099 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to a constitutional amendment giving the legislature greater ability to strike out, reduce, or increase any appropriation submitted by the governor; allows the legislature to override a veto by the governor by a two-thirds vote.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-02-21 - opinion referred to judiciary [A09099 Detail]
Download: New_York-2019-A09099-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9099 IN ASSEMBLY January 17, 2020 ___________ Introduced by M. of A. BARNWELL -- Multi-Sponsored by -- M. of A. BRABE- NEC, BURKE, BYRNES, DeSTEFANO, ROMEO, SMITH -- read once and referred to the Committee on Ways and Means CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 7 of article 4 and sections 4 and 6 of article 7 of the constitution, in relation to article VII appropri- ations 1 Section 1. Resolved (if the Senate concur), That section 7 of article 2 4 of the constitution be amended to read as follows: 3 § 7. Every bill which shall have passed the senate and assembly shall, 4 before it becomes a law, be presented to the governor; if the governor 5 approve, he or she shall sign it; but if not, he or she shall return it 6 with his or her objections to the house in which it shall have origi- 7 nated, which shall enter the objections at large on the journal, and 8 proceed to reconsider it. If after such reconsideration, two-thirds of 9 the members elected to that house shall agree to pass the bill, it shall 10 be sent together with the objections, to the other house, by which it 11 shall likewise be reconsidered; and if approved by two-thirds of the 12 members elected to that house, it shall become a law notwithstanding the 13 objections of the governor. In all such cases the votes in both houses 14 shall be determined by yeas and nays, and the names of the members 15 voting shall be entered on the journal of each house respectively. If 16 any bill shall not be returned by the governor within ten days (Sundays 17 excepted) after it shall have been presented to him or her, the same 18 shall be a law in like manner as if he or she had signed it, unless the 19 legislature shall, by their adjournment, prevent its return, in which 20 case it shall not become a law without the approval of the governor. No 21 bill shall become a law after the final adjournment of the legislature, 22 unless approved by the governor within thirty days after such adjourn- 23 ment. If any bill presented to the governor contain several items of 24 appropriation of money, the governor [may] shall not object to [one or25more of such] individual items while approving of the other portion of 26 the bill. In such case the governor shall sign or veto the entire bill. 27 Should the governor choose to veto the bill, he or she shall append to 28 the bill[, at the time of signing it,] a statement of the items to which EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89125-01-9A. 9099 2 1 he or she objects[; and the appropriation so objected to shall not take2effect] for consideration by the legislature. If the legislature be in 3 session, he or she shall transmit to the house in which the bill origi- 4 nated a copy of such statement[, and the items objected to shall be5separately reconsidered]. If on reconsideration [one or more of such6items] such bill be approved by two-thirds of the members elected to 7 each house, the same shall be part of the law, notwithstanding the 8 objections of the governor. If the legislature does not override a veto 9 by the governor, the legislature may amend the vetoed bill and submit 10 such amended bill to the governor for approval or veto. All the 11 provisions of this section, in relation to bills not approved by the 12 governor, shall apply in cases in which he or she shall withhold 13 approval from any item or items contained in a bill appropriating money. 14 § 2. Resolved (if the Senate 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] any and all appropriation 17 [bill] bills submitted by the governor [except to]. The legislature may 18 strike out [or], reduce [items therein, but it may add thereto items of19appropriation provided that such additions are stated separately and20distinctly from the original items of the bill and refer each to a21single object or purpose. None of the restrictions of this section,22however, shall apply to appropriations for the legislature or judiciary.23Such an appropriation bill shall when passed by both houses be a law24immediately without further action by the governor, except that appro-25priations for the legislature and judiciary and separate items added to26the governor's bills by the legislature shall be subject to approval of27the governor as provided in section 7 of article IV], or increase any 28 appropriation submitted by the governor. Upon passage by the legisla- 29 ture, appropriation bills shall be sent to the governor for approval or 30 veto, and if vetoed may be subject to a legislative override of such 31 veto, as provided in section 7 of article IV. Where an appropriation 32 bill is vetoed by the governor, and the legislature does not override 33 such veto, the legislature may amend such vetoed bill and submit to the 34 governor for his or her approval or veto such amended bill, as provided 35 in section 7 of article IV. 36 § 3. Resolved (if the Senate concur), That section 6 of article 7 of 37 the constitution be amended to read as follows: 38 § 6. Except for appropriations contained in the bills submitted by the 39 governor [and], in a supplemental appropriation bill for the support of 40 government, and those amended and submitted by the legislature as 41 provided in section 4 of this article, no appropriations shall be made 42 except by separate bills each for a single object or purpose. All such 43 bills and such supplemental appropriation bill shall be subject to the 44 governor's approval or a legislative override of a veto by the governor 45 as provided in section 7 of article IV. 46 No provision shall be embraced in any appropriation bill submitted by 47 the governor [or], in such supplemental appropriation bill, or in such 48 amended bill submitted by the legislature unless it relates specifically 49 to some particular appropriation in the bill, and any such provision 50 shall be limited in its operation to such appropriation. 51 § 4. Resolved (if the Senate concur), That the foregoing amendment be 52 referred to the first regular legislative session convening after the 53 next succeeding general election of members of the assembly, and, in 54 conformity with section 1 of article 19 of the constitution, be 55 published for three months previous to the time of such election.