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.
STATE OF NEW YORK
________________________________________________________________________
1964
2021-2022 Regular Sessions
IN ASSEMBLY
January 13, 2021
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Introduced by M. of A. BARNWELL, HEVESI, THIELE, EPSTEIN, PALMESANO,
TAGUE, WALCZYK, MONTESANO -- Multi-Sponsored by -- M. of A. BRABENEC,
BYRNES, DeSTEFANO, 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 or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89081-01-1
A. 1964 2
1 more of such] individual items while approving of the other portion of
2 the bill. In such case the governor shall sign or veto the entire bill.
3 Should the governor choose to veto the bill, he or she shall append to
4 the bill[, at the time of signing it,] a statement of the items to which
5 he or she objects[; and the appropriation so objected to shall not take
6 effect] for consideration by the legislature. If the legislature be in
7 session, he or she shall transmit to the house in which the bill origi-
8 nated a copy of such statement[, and the items objected to shall be
9 separately reconsidered]. If on reconsideration [one or more of such
10 items] such bill be approved by two-thirds of the members elected to
11 each house, the same shall be part of the law, notwithstanding the
12 objections of the governor. If the legislature does not override a veto
13 by the governor, the legislature may amend the vetoed bill and submit
14 such amended bill to the governor for approval or veto. All the
15 provisions of this section, in relation to bills not approved by the
16 governor, shall apply in cases in which he or she shall withhold
17 approval from any item or items contained in a bill appropriating money.
18 § 2. Resolved (if the Senate concur), That section 4 of article 7 of
19 the constitution be amended to read as follows:
20 § 4. The legislature may [not] alter [an] any and all appropriation
21 [bill] bills submitted by the governor [except to]. The legislature may
22 strike out [or], reduce [items therein, but it may add thereto items of
23 appropriation provided that such additions are stated separately and
24 distinctly from the original items of the bill and refer each to a
25 single object or purpose. None of the restrictions of this section,
26 however, shall apply to appropriations for the legislature or judiciary.
27 Such an appropriation bill shall when passed by both houses be a law
28 immediately without further action by the governor, except that appro-
29 priations for the legislature and judiciary and separate items added to
30 the governor's bills by the legislature shall be subject to approval of
31 the governor as provided in section 7 of article IV], or increase any
32 appropriation submitted by the governor. Upon passage by the legisla-
33 ture, appropriation bills shall be sent to the governor for approval or
34 veto, and if vetoed may be subject to a legislative override of such
35 veto, as provided in section 7 of article IV. Where an appropriation
36 bill is vetoed by the governor, and the legislature does not override
37 such veto, the legislature may amend such vetoed bill and submit to the
38 governor for his or her approval or veto such amended bill, as provided
39 in section 7 of article IV.
40 § 3. Resolved (if the Senate concur), That section 6 of article 7 of
41 the constitution be amended to read as follows:
42 § 6. Except for appropriations contained in the bills submitted by the
43 governor [and], in a supplemental appropriation bill for the support of
44 government, and those amended and submitted by the legislature as
45 provided in section 4 of this article, no appropriations shall be made
46 except by separate bills each for a single object or purpose. All such
47 bills and such supplemental appropriation bill shall be subject to the
48 governor's approval or a legislative override of a veto by the governor
49 as provided in section 7 of article IV.
50 No provision shall be embraced in any appropriation bill submitted by
51 the governor [or], in such supplemental appropriation bill, or in such
52 amended bill submitted by the legislature unless it relates specifically
53 to some particular appropriation in the bill, and any such provision
54 shall be limited in its operation to such appropriation.
55 § 4. Resolved (if the Senate concur), That the foregoing amendment be
56 referred to the first regular legislative session convening after the
A. 1964 3
1 next succeeding general election of members of the assembly, and, in
2 conformity with section 1 of article 19 of the constitution, be
3 published for three months previous to the time of such election.