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S07828 Summary:

BILL NOS07828
 
SAME ASSAME AS A08670
 
SPONSORRIVERA
 
COSPNSRFERNANDEZ, GALLIVAN, SALAZAR, KRUEGER, ASHBY, BORRELLO, BROUK, CLEARE, COMRIE, GONZALEZ, GRIFFO, HELMING, JACKSON, MAY, MURRAY, OBERACKER, PALUMBO, RAMOS, RHOADS, ROLISON, SANDERS, SEPULVEDA, STEC, TEDISCO, WALCZYK, WEBB, WEBER, WEIK
 
MLTSPNSR
 
Amd Art 7 §§3 & 6, Constn
 
Relates to items of appropriation.
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S07828 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7828
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       May 9, 2025
                                       ___________
 
        Introduced  by  Sens.  RIVERA,  FERNANDEZ,  GALLIVAN,  SALAZAR, KRUEGER,
          ASHBY, BORRELLO, BROUK, CLEARE,  COMRIE,  GONZALEZ,  GRIFFO,  HELMING,
          JACKSON,  MAY,  MURRAY,  OBERACKER,  PALUMBO,  RAMOS, RHOADS, ROLISON,
          SANDERS, SEPULVEDA, STEC, TEDISCO, WALCZYK, WEBB, WEBER, WEIK --  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 article 7 of the constitution,  in  relation  to
          items of appropriation
 
     1    Section  1. Resolved (if the Assembly concur), That section 3 of arti-
     2  cle 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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89042-01-5

        S. 7828                             2
 
     1    § 2. Resolved (if the Assembly concur), That section 6 of article 7 of
     2  the constitution be amended to read as follows:
     3    § 6. Except for appropriations contained in the bills submitted by the
     4  governor  and  in  a  supplemental appropriation bill for the support of
     5  government, no appropriations shall be made  except  by  separate  bills
     6  each  for  a  single  object or purpose. All such bills and such supple-
     7  mental appropriation bill shall be subject to the governor's approval as
     8  provided in section 7 of article IV.
     9    [No provision shall be embraced in any] Any appropriation bill submit-
    10  ted by the governor or [in] such supplemental appropriation bill [unless
    11  it relates]  shall only contain items of appropriation and  descriptions
    12  thereof.  Such  item  of  appropriation shall not contain multiple items
    13  unless separately scheduled and shall, where practicable, include  iden-
    14  tification   of   the   statutory   basis  for  such  expenditure.  Such
    15  description:
    16    (a) shall relate specifically to some particular appropriation in  the
    17  bill[,  and any such provision shall be limited in its operation to such
    18  appropriation];
    19    (b) shall identify the object or purpose of the appropriation  to  the
    20  extent  necessary  for  the legislature and public to effectively review
    21  the proposed appropriation;
    22    (c) shall not include the  conditions,  rules  or  requirements  of  a
    23  program  to  be  funded  thereby; provided any such conditions, rules or
    24  requirements shall be separately set forth by  the  governor  in  either
    25  nonappropriation bills containing proposed legislation or the additional
    26  budgetary  information  submitted  by  the  governor  in accordance with
    27  section two of this article; and
    28    (d) shall not  abrogate  or  modify  an  existing  provision  of  law,
    29  provided,  however,  the  governor  may propose such modifications to an
    30  existing provision of law  in  nonappropriation  bills  in  accord  with
    31  subdivision (b) of section three of this article.
    32    §  3.  Resolved (if the Assembly concur), That the foregoing amendment
    33  be referred to the first regular legislative session convening after the
    34  next succeeding general election of members of  the  assembly,  and,  in
    35  conformity  with  section  1  of  article  19  of  the  constitution, be
    36  published for 3 months previous to the time of such election.
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