Provides that any legislation included in with the governor's article VII submission must be directly necessary to provide moneys and revenues sufficient to meet such proposed expenditures.
STATE OF NEW YORK
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8212--A
IN SENATE
April 17, 2020
___________
Introduced by Sens. METZGER, JACKSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Judiciary --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 7 of the constitution, in relation to
appropriation bills submitted by the governor
1 Section 1. Resolved (if the Assembly concur), That sections 2, 3 and 4
2 of article 7 of the constitution be amended to read as follows:
3 § 2. Annually, on or before the first day of February in each year
4 following the year fixed by the constitution for the election of gover-
5 nor and lieutenant governor, and on or before the second Tuesday follow-
6 ing the first day of the annual meeting of the legislature, in all other
7 years, the governor shall submit to the legislature a budget containing
8 a complete plan of expenditures proposed to be made before the close of
9 the ensuing fiscal year and all moneys and revenues estimated to be
10 available therefor, together with an explanation of the basis of such
11 estimates and recommendations as to proposed legislation, if any, which
12 the governor may deem directly necessary to provide moneys and revenues
13 sufficient to meet such proposed expenditures. It shall also contain
14 such other recommendations and information as the governor may deem
15 proper so as to assure a balanced budget and such additional information
16 as may be required by law, and shall include a detailed explanation of
17 the fiscal necessity of any such accompanying legislation.
18 § 3. At the time of submitting the budget to the legislature the
19 governor shall submit a bill or bills containing all the proposed appro-
20 priations and reappropriations included in the budget and the proposed
21 legislation, if any, recommended therein.
22 The governor may at any time within thirty days thereafter and, with
23 the consent of the legislature, at any time before the adjournment ther-
24 eof, amend or supplement the budget and submit amendments to any bills
25 submitted by him or her or submit supplemental bills. Any legislation
26 included in such amendments and supplements must be directly necessary
27 to provide moneys and revenues sufficient to meet such proposed expendi-
28 tures.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89164-04-0
S. 8212--A 2
1 The governor and the heads of departments shall have the right, and it
2 shall be the duty of the heads of departments when requested by either
3 house of the legislature or an appropriate committee thereof, to appear
4 and be heard in respect to the budget during the consideration thereof,
5 and to answer inquiries relevant thereto. The procedure for such appear-
6 ances and inquiries shall be provided by law.
7 § 4. The legislature may not alter an appropriation bill submitted by
8 the governor except to strike out or reduce items therein, but it may
9 add thereto items of appropriation provided that such additions are
10 stated separately and distinctly from the original items of the bill and
11 refer each to a single object or purpose. None of the restrictions of
12 this section, however, shall apply to appropriations for the legislature
13 or judiciary. The legislature shall reject any proposed legislation that
14 is not directly necessary to provide moneys and revenues sufficient to
15 meet such proposed expenditures, and may only include or alter any
16 legislation that is directly necessary to provide moneys and revenues
17 sufficient to meet such proposed expenditures.
18 Such an appropriation bill shall when passed by both houses be a law
19 immediately without further action by the governor, except that appro-
20 priations for the legislature and judiciary and separate items added to
21 the governor's bills by the legislature shall be subject to approval of
22 the governor as provided in section 7 of article IV.
23 § 2. Resolved (if the Assembly concur), That the foregoing amendment
24 be referred to the first regular legislative session convening after the
25 next succeeding general election of members of the assembly, and, in
26 conformity with section 1 of article 19 of the constitution, be
27 published for three months previous to the time of such election.