Bill Text: NY S05999 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the submission of the budget to the legislature by the governor and requires that copies of the release of agency budget requests furnished to the executive be made available to the legislature and the public; authorizes a contingency budget to take effect in certain circumstances; reduces the amount of time during which the governor may amend the executive budget without consent of the legislature from 30 to 21 days; creates a fiscal stabilization reserve fund.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-15 - OPINION REFERRED TO JUDICIARY [S05999 Detail]
Download: New_York-2017-S05999-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5999 2017-2018 Regular Sessions IN SENATE May 10, 2017 ___________ Introduced by Sen. CROCI -- 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 articles IV and VII of the constitution, in relation to the submission of the budget to the legislature by the Governor 1 Section 1. Resolved (if the Assembly concur), That section 1 of arti- 2 cle 7 of the constitution be amended to read as follows: 3 Section 1. For the preparation of the budget, the head of each depart- 4 ment of state government, except the legislature and judiciary, shall 5 furnish the governor such estimates and information in such form and at 6 such times as the governor may require, and, at such times, shall forth- 7 with provide copies of [which shall forthwith be furnished] such esti- 8 mates and information to the appropriate committees of the legislature 9 and make such estimates and information available to the public. The 10 governor shall hold hearings thereon at which the governor may require 11 the attendance of heads of departments and their subordinates. Desig- 12 nated representatives of such committees shall be entitled to attend the 13 hearings thereon and to make inquiry concerning any part thereof. 14 Itemized estimates of the financial needs of the legislature, certi- 15 fied by the presiding officer of each house, and of the judiciary, 16 approved by the court of appeals and certified by the chief judge of the 17 court of appeals, shall be transmitted to the governor not later than 18 the first day of December in each year for inclusion in the budget with- 19 out revision but with such recommendations as the governor may deem 20 proper. Copies of the itemized estimates of the financial needs of the 21 judiciary also shall forthwith be transmitted to the appropriate commit- 22 tees of the legislature. 23 § 2. Resolved (if the Assembly concur), That section 2 of article 7 of 24 the constitution be amended to read as follows: 25 § 2. Annually, on or before the first day of February in each year 26 following the year [fixed by the constitution for the election of gover-EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89110-03-7S. 5999 2 1nor and lieutenant governor] in which a governor is elected, provided 2 such governor did not hold the office of governor at the time of the 3 election, and on or before [the second Tuesday following the first day4of the annual meeting of the legislature] January fifteenth, in all 5 other years, the governor shall submit to the legislature a budget 6 containing a complete plan of [expenditures] disbursements proposed to 7 be made before the close of the ensuing fiscal year and all moneys [and8revenues estimated] available and anticipated to be available and all 9 receipts estimated to be available therefor, together with an explana- 10 tion of the basis of such estimates and recommendations as to proposed 11 legislation, if any, which the governor may deem necessary to provide 12 moneys and [revenues] receipts sufficient to meet such proposed [expend-13itures] disbursements. It shall also contain such other recommendations 14 and information as the governor may deem proper and such additional 15 information as may be required by law. 16 § 3. Resolved (if the Assembly concur), That section 3 of article 7 of 17 the constitution be amended to read as follows: 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] twenty-one days thereaft- 23 er and, with the consent of the legislature, at any time before the 24 adjournment thereof, amend or supplement the budget and submit amend- 25 ments to any bills submitted by him or her or submit supplemental bills. 26 The governor and the heads of departments shall have the right, and it 27 shall be the duty of the heads of departments when requested by either 28 house of the legislature or an appropriate committee thereof, to appear 29 and be heard in respect to the budget during the consideration thereof, 30 and to answer inquiries relevant thereto. The procedure for such appear- 31 ances and inquiries shall be provided by law. 32 § 4. Resolved (if the Assembly concur), That section 4 of article 7 of 33 the constitution be amended to read as follows: 34 § 4. The legislature may not alter an appropriation bill submitted by 35 the governor except to strike out or reduce items therein, but it may 36 add thereto items of appropriation provided that such additions are 37 stated separately and distinctly from the original items of the bill and 38 refer each to a single object or purpose. None of the restrictions of 39 this section, however, shall apply to appropriations for the legislature 40 or judiciary. 41 [Such an] An appropriation bill making an appropriation or appropri- 42 ations solely for the purpose of meeting the legal requirements of the 43 state's debt service and lease purchase payments or other special 44 contractual obligations shall, when passed by both houses, be [a] law 45 immediately without further action by the governor, except that separate 46 items added to the governor's bills by the legislature shall be subject 47 to the governor's approval as provided in section 7 of article IV. 48 Neither house of the legislature shall act on any other appropriation 49 bill submitted by the governor pursuant to sections 2 and 3 of this 50 article for the ensuing fiscal year after the beginning of such fiscal 51 year. Appropriation bills other than those making an appropriation or 52 appropriations solely for the purpose of meeting the legal requirements 53 of the state's debt service and lease purchase payments or other special 54 contractual obligations shall, when passed by both houses, be law with- 55 out further action by the governor only at such time as all other appro- 56 priation bills submitted by the governor pursuant to sections 2 and 3 ofS. 5999 3 1 this article have been voted upon by both houses before the beginning of 2 the fiscal year; provided, however, that appropriations for the legisla- 3 ture and judiciary and separate items added to the governor's bills by 4 the legislature shall be subject to approval of the governor as provided 5 in section 7 of article IV. In a year that a contingency budget takes 6 effect, appropriation bills submitted by the governor pursuant to 7 sections 2 and 3 of this article, and passed by both houses prior to the 8 beginning of the fiscal year shall automatically become law without 9 further action by the governor upon passage of a multiple appropriation 10 bill pursuant to section 5 of this article; provided, however, that 11 appropriations for the legislature and judiciary and separate items 12 added to the governor's bills by the legislature shall be subject to 13 approval of the governor as provided in section 7 of article IV. 14 § 5. Resolved (if the Assembly concur), That section 5 of article 7 of 15 the constitution be amended to read as follows: 16 § 5. 1. Neither house of the legislature shall consider any other bill 17 making an appropriation until all the appropriation bills submitted by 18 the governor shall have been finally acted on by both houses, except on 19 message from the governor certifying to the necessity of the immediate 20 passage of such a bill. During a contingency period, as provided for in 21 subdivision two of this section, neither house of the legislature shall 22 consider any other appropriation bill except a multiple appropriation 23 bill altering the contingency budget. 24 2. A contingency budget, as provided for in statute, shall take effect 25 without further action by the legislature or the governor on the first 26 day of the fiscal year in the event the legislature has not finally 27 acted upon all the appropriation bills submitted by the governor for 28 such fiscal year. Such contingency budget shall constitute an act of 29 the legislature and final action upon all of the appropriation bills 30 submitted by the governor as herein described. The legislature may 31 consider and adopt alterations to the contingency budget through the 32 passage by both houses of the legislature of a single multiple appropri- 33 ation bill. Those provisions in the contingency budget not altered by 34 the legislature shall remain in effect until such provisions are 35 reenacted, repealed or superseded by subsequent legislation or the 36 commencement of the next fiscal year. Passage by both houses of the 37 legislature of such multiple appropriation bill shall constitute the 38 conclusion of the contingency period. After the legislature has ended 39 the contingency period, it may propose and consider a subsequent supple- 40 mental appropriation bill or, separate individual appropriation bill or 41 bills pursuant to section 6 of this article. 42 The contingency budget, except as otherwise provided by statute, shall 43 provide the same appropriations and reappropriations as enacted for the 44 immediately preceding fiscal year and spending and revenue provisions in 45 effect for the immediately preceding fiscal year shall remain in effect 46 until the conclusion of the contingency period. Except as otherwise 47 provided in statute, aggregate disbursements authorized by appropri- 48 ations and reappropriations contained in the contingency budget for the 49 fiscal year shall not exceed aggregate disbursements made in the imme- 50 diately preceding fiscal year. No law modifying the disbursements 51 authorized by appropriations and reappropriations contained in the 52 contingency budget may become effective until three years from the date 53 of its enactment. During a contingency period, spending and revenue 54 provisions in legislation previously enacted that become effective in 55 the current fiscal year shall not take effect until the legislature has 56 passed a multiple appropriation bill.S. 5999 4 1 § 6. Resolved (if the Assembly concur), That section 6 of article 7 of 2 the constitution be amended to read as follows: 3 § 6. [Except] No appropriations shall be made except by separate bills 4 each for a single object or purpose, except for appropriations contained 5 in the bills submitted by the governor [and], or for appropriations in a 6 supplemental appropriation bill for the support of government, [no7appropriations shall be made except by separate bills each for a single8object or purpose] or in a separate multiple appropriation bill enacted 9 during the contingency budget period. All such bills [and such supple-10mental appropriation bill] shall be subject to the governor's approval 11 as provided in section 7 of article IV except unaltered provisions 12 contained within the multiple appropriation bill pursuant to subdivision 13 2 of section 5 of this article that were originally included in the 14 contingency budget, which shall remain law upon passage of such multiple 15 appropriation bill. 16 No provision shall be embraced in any appropriation bill submitted by 17 the governor or in such supplemental or multiple appropriation [bill] 18 bills unless it relates specifically to some particular appropriation in 19 the bill, and any such provision shall be limited in its operation to 20 such appropriation. 21 § 7. Resolved (if the Assembly concur), That section 7 of article 4 of 22 the constitution be amended to read as follows: 23 § 7. Every bill which shall have passed the senate and assembly shall, 24 before it becomes a law, be presented to the governor; if the governor 25 approve, he or she shall sign it; but if not, he or she shall return it 26 with his or her objections to the house in which it shall have origi- 27 nated, which shall enter the objections at large on the journal, and 28 proceed to reconsider it. If after such reconsideration, two-thirds of 29 the members elected to that house shall agree to pass the bill, it shall 30 be sent together with the objections, to the other house, by which it 31 shall likewise be reconsidered; and if approved by two-thirds of the 32 members elected to that house, it shall become a law notwithstanding the 33 objections of the governor. In all such cases the votes in both houses 34 shall be determined by yeas and nays, and the names of the members 35 voting shall be entered on the journal of each house respectively. If 36 any bill shall not be returned by the governor within ten days (Sundays 37 excepted) after it shall have been presented to him or her, the same 38 shall be a law in like manner as if he or she had signed it, unless the 39 legislature shall, by their adjournment, prevent its return, in which 40 case it shall not become a law without the approval of the governor. No 41 bill shall become a law after the final adjournment of the legislature, 42 unless approved by the governor within thirty days after such adjourn- 43 ment. If any bill presented to the governor [contain] contains several 44 items of appropriation of money, or includes alterations to the contin- 45 gency budget, the governor may object to one or more of such items while 46 approving of the other portion of the bill. In such case the governor 47 shall append to the bill, at the time of signing it, a statement of the 48 items to which he or she objects; and the appropriation so objected to 49 shall not take effect. If the legislature be in session, he or she shall 50 transmit to the house in which the bill originated a copy of such state- 51 ment, and the items objected to shall be separately reconsidered. If on 52 reconsideration one or more of such items be approved by two-thirds of 53 the members elected to each house, the same shall be part of the law, 54 notwithstanding the objections of the governor. All the provisions of 55 this section, in relation to bills not approved by the governor, shallS. 5999 5 1 apply in cases in which he or she shall withhold approval from any item 2 or items contained in a bill appropriating money. 3 § 8. Resolved (if the Assembly concur), That the foregoing amendment 4 be referred to the first regular legislative session convening after the 5 next succeeding general election of members of the assembly, and, in 6 conformity with section 1 of article 19 of the constitution, be 7 published for 3 months previous to the time of such election.
