A05772 Summary:

BILL NOA05772
 
SAME ASNo Same As
 
SPONSORKavanagh
 
COSPNSRRussell, Thiele
 
MLTSPNSR
 
Amd Art 7 S3, Constn
 
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.
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A05772 Actions:

BILL NOA05772
 
03/04/2015referred to ways and means
03/05/2015to attorney-general for opinion
03/25/2015opinion referred to judiciary
01/06/2016referred to ways and means
01/13/2016to attorney-general for opinion
02/05/2016opinion referred to judiciary
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A05772 Memo:

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.
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A05772 Text:



 
                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.
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