Bill Text: NY S06386 | 2017-2018 | General Assembly | Introduced


Bill Title: Provides for the establishment of a biennial budgeting system for the state of New York replacing the state annual budget process.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-12 - TO ATTORNEY-GENERAL FOR OPINION [S06386 Detail]

Download: New_York-2017-S06386-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6386
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by  Sen.  FUNKE  -- 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 sections 1, 2 and 7 of article 7 of the  consti-
          tution,  in  relation to providing for the establishment of a biennial
          budgeting system for the state replacing the state annual budget proc-
          ess
     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, copies of which shall forthwith
     7  be furnished to the appropriate committees  of  the  legislature.    The
     8  governor  shall  hold hearings thereon at which the governor may require
     9  the attendance of heads of departments and their subordinates.    Desig-
    10  nated representatives of such committees shall be entitled to attend the
    11  hearings thereon and to make inquiry concerning any part thereof.
    12    Itemized  estimates  of the financial needs of the legislature, certi-
    13  fied by the presiding officer of  each  house,  and  of  the  judiciary,
    14  approved by the court of appeals and certified by the chief judge of the
    15  court  of  appeals,  shall be transmitted to the governor not later than
    16  the first day of December in each year immediately preceding the year in
    17  which the governor transmits to the legislature  the  governor's  budget
    18  document  for  inclusion  in  the  budget without revision but with such
    19  recommendations as the governor may deem proper.  Copies of the itemized
    20  estimates of the financial needs of the judiciary also  shall  forthwith
    21  be  transmitted to the appropriate committees of the legislature.  Noth-
    22  ing herein shall preclude the alteration, by law,  of  the  expenditures
    23  during the period of time which the budget shall have been adopted for.
    24    § 2. RESOLVED (if the Assembly concur), That section 2 of article 7 of
    25  the constitution be amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89044-02-7

        S. 6386                             2
     1    §  2. [Annually] Biennially, on or before the first day of February in
     2  each year following the year fixed by the constitution for the  election
     3  of governor and lieutenant governor, and on or before the second Tuesday
     4  following the first day of the annual meeting of the legislature, in all
     5  other odd numbered years, the governor shall submit to the legislature a
     6  budget  containing  a  complete plan of expenditures proposed to be made
     7  [before the close of the ensuing fiscal year] during the next two fiscal
     8  years and all moneys and revenues estimated to  be  available  therefor,
     9  together  with  an explanation of the basis of such estimates and recom-
    10  mendations as to proposed legislation, if any, which  the  governor  may
    11  deem  necessary  to  provide moneys and revenues sufficient to meet such
    12  proposed expenditures. It shall also contain such other  recommendations
    13  and  information  as  the  governor  may deem proper and such additional
    14  information as may be required by law.
    15    § 3.  RESOLVED (if the Assembly concur), That section 7 of  article  7
    16  of the constitution be amended to read as follows:
    17    §  7.  No money shall ever be paid out of the state treasury or any of
    18  its funds, or any of the funds under its management, except in pursuance
    19  of an appropriation by law; nor unless such payment be made within [two]
    20  four years next after the passage of such appropriation act;  and  every
    21  such  law making a new appropriation or continuing or reviving an appro-
    22  priation, shall distinctly specify the sum appropriated, and the  object
    23  or  purpose to which it is to be applied; and it shall not be sufficient
    24  for such law to refer to any other law to fix such sum.
    25    § 4.  RESOLVED (if the Assembly concur), That the foregoing amendments
    26  be referred to the first regular legislative session convening after the
    27  next succeeding general election of members of  the  assembly,  and,  in
    28  conformity  with  section  1  of  article  19  of  the  constitution, be
    29  published for three months previous to the time of such election.
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