STATE OF NEW YORK
________________________________________________________________________
9072
IN ASSEMBLY
January 31, 2022
___________
Introduced by M. of A. LAWLER -- read once and referred to the Committee
on Ways and Means
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to article 7 of the constitution, in relation to
items of appropriation
1 Section 1. Resolved (if the Senate concur), That section 3 of article
2 7 of the constitution be amended to read as follows:
3 § 3. At the time of submitting the budget to the legislature the
4 governor shall submit:
5 (a) a bill or bills containing all the proposed appropriations and
6 reappropriations included in the budget [and], provided, however, that
7 such appropriations and reappropriations shall be consistent with and
8 constrained by the provisions of existing state law and shall neither
9 amend nor withstand such existing state law, except for monetary amounts
10 where appropriate; and
11 (b) the proposed legislation, if any, recommended therein, which shall
12 be in a nonappropriation bill or bills separate and distinct from the
13 appropriation bill or bills.
14 The governor may at any time within thirty days thereafter and, with
15 the consent of the legislature, at any time before the adjournment ther-
16 eof, amend or supplement the budget and submit amendments to any bills
17 submitted by him or her or submit supplemental bills.
18 The governor and the heads of departments shall have the right, and it
19 shall be the duty of the heads of departments when requested by either
20 house of the legislature or an appropriate committee thereof, to appear
21 and be heard in respect to the budget during the consideration thereof,
22 and to answer inquiries relevant thereto. The procedure for such appear-
23 ances and inquiries shall be provided by law.
24 § 2. Resolved (if the Senate concur), That section 6 of article 7 of
25 the constitution be amended to read as follows:
26 § 6. Except for appropriations contained in the bills submitted by the
27 governor and in a supplemental appropriation bill for the support of
28 government, no appropriations shall be made except by separate bills
29 each for a single object or purpose. All such bills and such supple-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89051-01-1
A. 9072 2
1 mental appropriation bill shall be subject to the governor's approval as
2 provided in section 7 of article IV.
3 [No provision shall be embraced in any] Any appropriation bill submit-
4 ted by the governor or [in] such supplemental appropriation bill [unless
5 it relates] shall only contain items of appropriation and descriptions
6 thereof. Such item of appropriation shall not contain multiple items
7 unless separately scheduled and shall, where practicable, include iden-
8 tification of the statutory basis for such expenditure. Such
9 description:
10 (a) shall relate specifically to some particular appropriation in the
11 bill[, and any such provision shall be limited in its operation to such
12 appropriation];
13 (b) shall identify the object or purpose of the appropriation to the
14 extent necessary for the legislature and public to effectively review
15 the proposed appropriation;
16 (c) shall not include the conditions, rules or requirements of a
17 program to be funded thereby; provided any such conditions, rules or
18 requirements shall be separately set forth by the governor in either
19 nonappropriation bills containing proposed legislation or the additional
20 budgetary information submitted by the governor in accordance with
21 section two of this article; and
22 (d) shall not abrogate or modify an existing provision of law,
23 provided, however, the governor may propose such modifications to an
24 existing provision of law in nonappropriation bills in accord with
25 subdivision (b) of section three of this article.
26 § 3. Resolved (if the Senate concur), That the foregoing amendment be
27 referred to the first regular legislative session convening after the
28 next succeeding general election of members of the assembly, and, in
29 conformity with section 1 of article 19 of the constitution, be
30 published for 3 months previous to the time of such election.