Requires that the governor's appropriation and reappropriation budget bills be specifically itemized to assure accountability; provides that the purpose of such appropriations shall be specified in clear and plain language and shall refer to the commonly used name and the pertinent provisions of law; applies also to thirty-day amendments of the executive budget.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5772
SPONSOR: Kavanagh (MS)
 
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 3 of article 7 of the constitution, in relation to requiring
that the appropriations bills submitted to the legislature by the gover-
nor set forth with enough specificity each appropriation
 
PURPOSE:
To ensure accountability of public funds by requiring that all appropri-
ations bills be specifically itemized by the purpose for which the funds
are to be used.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill: Resolved (if theconcur), that section 3 of arti-
cle 7 of the constitution be amended to ensure accountability of public
funds by requiring that all appropriations bills be specifically item-
ized by the purpose for which the funds are to be used. The specifica-
tions must be in plain language and refer to the commonly used names of
the programs that are to receive the funds and the provision of law
authorizing them.
Section 2 of the bill sets forth the effective date.
 
JUSTIFICATION:
It has become common practice for state budget bills to appropriate
funds in broad and vague categories that do not identify with any
specificity or clarity what programs the funds are to be used for and
the statutory authorization for the programs. Some bills, such as the
legislative appropriations bills in particular, are couched in vague
generalizations. The current system reduces the opportunity for legisla-
tors and the public to understand and provide meaningful input into the
budget process. It also reduces accountability in the use of public
funds.
 
LEGISLATIVE HISTORY:
2014: A02013 (Kavanagh)- Ways and Means
2013: A02013 (Kavanagh)- Ways and Means
2012: A06390 (Kavanagh) Ways and Means
2011: A06390 (Kavanagh) Ways and Means
2010: A07939 (Kavanagh)- Ways and Means
2009: A07939 (Kavanagh) - Ways and Means
 
FISCAL IMPACT ON THE STATE:
None.
 
EFFECTIVE DATE:
Resolved (if theconcur), that the foregoing be referred to the first
regular legislative session convening after the next succeeding general
election of members of the assembly, and, in conformity with section 1
of article 19 of the constitution, be published for 3 months previous to
the time of such election.
STATE OF NEW YORK
________________________________________________________________________
5772
2015-2016 Regular Sessions
IN ASSEMBLY
March 4, 2015
___________
Introduced by M. of A. KAVANAGH, RUSSELL, THIELE -- read once and
referred to the Committee on Ways and Means
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 3 of article 7 of the constitution, in
relation to requiring that the appropriations bills submitted to the
legislature by the governor set forth with enough specificity each
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 a bill or bills containing all the proposed appro-
5 priations and reappropriations included in the budget and the proposed
6 legislation, if any, recommended therein. All appropriations and reap-
7 propriations shall be specifically itemized by the purpose for which
8 they may be used to ensure accountability in the use of public funds.
9 Such purposes shall be specified in clear and plain language and shall
10 refer to both the commonly used names of the programs covered by such
11 appropriations and the provision of law (if any) authorizing the
12 programs, activities, or expenditures covered by such appropriations.
13 The governor may at any time within thirty days thereafter and, with
14 the consent of the legislature, at any time before the adjournment ther-
15 eof, amend or supplement the budget and submit amendments to any bills
16 submitted by him or her or submit supplemental bills. All appropri-
17 ations and reappropriations, contained in such amendments or supple-
18 mental bills, shall be specifically itemized by the purpose for which
19 they may be used. Such purposes shall be specified in clear and plain
20 language and shall refer to both the commonly used names of the programs
21 covered by such appropriations and the provision of law (if any) author-
22 izing the programs, activities, or expenditures covered by such appro-
23 priations.
24 The governor and the heads of departments shall have the right, and it
25 shall be the duty of the heads of departments when requested by either
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89046-01-5
A. 5772 2
1 house of the legislature or an appropriate committee thereof, to appear
2 and be heard in respect to the budget during the consideration thereof,
3 and to answer inquiries relevant thereto. The procedure for such appear-
4 ances and inquiries shall be provided by law.
5 § 2. Resolved (if the Senate concur), That the foregoing be referred
6 to the first regular legislative session convening after the next
7 succeeding general election of members of the assembly, and, in conform-
8 ity with section 1 of article 19 of the constitution, be published for 3
9 months previous to the time of such election.