A11860 Summary:

BILL NOA11860
 
SAME ASNo same as
 
SPONSORRules (Brodsky)
 
COSPNSRHoyt, Prentiss
 
MLTSPNSR
 
Amd Art 7 SS1 - 7, 11 - 13, 16 & Art 4 S7, rpld & add Art 7 S17; add Art 7 S20, Constn
 
Substantially revises provisions of the constitution relating to the state's budget and finances; provides for an independent budget office; bases the budget on expenditures and anticipated receipts.
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A11860 Actions:

BILL NOA11860
 
09/15/2004referred to ways and means
09/24/2004to attorney-general for opinion
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A11860 Floor Votes:

There are no votes for this bill in this legislative session.
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A11860 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A11860
 
SPONSOR: Rules (Brodsky)
  TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to article VII and section 7 of article IV of the constitution, in relation to modifying provisions for the state's finances and the state's budget and to repeal section 17 of article VII of the constitution relating to tax stabilization funds   PURPOSE OR GENERAL IDEA OF BILL: This amendment would reform the state budget process including: * permitting the legislature to amend the executive budget, * changing the budget from an appropriation budget to a cash budget, * the creation of an independent budget office, * establishing a contingency budget, * ending backdoor borrowing, * giving the state the limited power to issue revenue bonds, * reforming the revenue estimate process, * preserving the line item veto of expenditure, * allowing either house to reconsider the governor's veto first, * requiring a balanced budget, * requiring a long-term capital plan, and * making other technical and timing changes.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Article VII, §1 to require that: * the comptroller and newly created independent budget office provide preliminary revenue forecasts and make such forecasts available to the public. * requires the comptroller certify the actual moneys and anticipated receipts to be available for the proceeding year. * if the legislature cannot agree upon revenue forecasts by the 10th of March, the revenue forecasts provided by the independent budget office shall be binding. * the governor hold hearing of the capital needs of the state. * the governor submits to the legislature a detailed, multi-year capital program and financing plan to the legislature. Section 2 amends Article VII, §2 to: * make certain technical changes to clarify elections of the governor in relation to the submission of the budget. * change the executive budget to a cash budget. Section 3 amends Article VII, §3 to: * change the time that the governor has to adjust the executive budget from thirty to twenty-one days. * include a new provision that prohibits the governor from including language, which attempts to modify any general, special or local law. Section 4 amends Article VII, §4 requires: * that the budget be balanced, and * that the legislature may strike items and the conditions contained therein. Section 5 amends Article VII, §5 to create: * a contingency budget. The contingency budget would automatically take effect on the fifteenth of April if a budget agreement is not reached. Section 6 amends Article VII, §6 to: * allow the governor to submit budget bills that only involve expendi- tures, not statutory changes. Section 7 amends Article VII, §7 to: * make technical changes. Section 8 amends Article VII, §11 to: * authorize the submission or more than one work or purpose in a bond issue and would prohibit the state from "backdoor borrowing." Sections 9 and 10 amend Article VII, §§12 and 13 to: * make technical changes. Section 11 amends Article VII, §16 to: * allow that state the authority to issue revenue bonds, as the legisla- ture shall provide by law. Section 12 repeals Article VII, §17 and: * adds a new article 17 to strengthen the "rainy-day" fund and provide additional revenue in times of need. Section 13 amends Article VII by adding a new §20 to: * create an independent budget office. Section 14 amends Article IV, §7 to: * clarify the governor's line item veto to expenditures only, and * allow either house to reconsider the governor's objections, regardless if the house is of original jurisdiction or not.   JUSTIFICATION: As is evidenced by the series of late budgets and grid- lock, there is serious need for constitutional budget reform. Reform is needed because there are structural institutional deficiencies exacer- bated by partisanship. History is needed to shed light on the current structural deficiencies of the state budget process. Under the leadership of Governor Alfred E. Smith, New Yorker's supported a fundamental change to the budget process -- a move from a legislative driven process to a more executive centered process. These changes dated back to the 1915 constitutional convention. Although New York was one of the first states to propose fundamental budget changes, it was one of the last to make such changes. These changes were critical. The former budget process was fraught with corruption and created economic instability. Providing a centralized budget process would stabilize the process and make it more fair and equitable. While most states changed their budget process statutorily, Governor Smith recognized the volatility of statutory change and therefore pushed for constitutional change. However, certain of these great constitu- tional reforms had unintended consequences that must be remedied. First and foremost, the Constitution must rebalance the power between the legislative and executive branches. In the 1920s the line item veto was adopted to remedy the problem of legislative logrolling. Scholars and fiscal experts agree that the line item veto protects the stability of the budget process. The State Constitution is clear that the governor has the ability to veto only appropriations. However, a series of court cases and positions taken by the current governor have distorted this constitutional power to equate appropriations with other non-appropria- tion language. The Association of the City of New York agrees. The Bar's committee on State Affairs believes that several court decisions have upset the delicate balance of power. See: The City Bar's Committee on State Affairs, "The New York State Budget Process and the Constitution: Defining and Protecting the 'Delicate Balance of Power'", The Record of the Association of the Bar of the City of New York, 58, 345 (2003). We do not change or reduce the executive's power. We simply clarify the executive's power. There needs to be more independence in the budget process often fraught with partisan wrangling. We have therefore created an independent budget office. This idea works in other states like Florida and even in New York City. The independent budget office will objectively forecast revenue. Another structural problem came after the constitutional changes in 1927. Public authorities have become epicenters of isolated political power in New York. While public authorities must self-rely on generating their own capital, but are of instances backdoor borrowing, whereby State revenue is used to support authorities. In 1993 constitutional changes closed this door but loopholes remain. This amendment closes the remaining loopholes. Besides Vermont, which has no constitutional or statutory requirement that their budget be balanced, New York has one of the weakest balance budget provisions in the country it is generally understood that the governor must propose a balanced budget (See: Article VII, §2), but the final passed budget does not. The amendment will require New York join the many other states in requiring that the final budget enacted be balanced. Finally, other changes such as the creation of a contingency budget period and changing which house may consider vetoes will end gridlock and ensure the needs of the People of this State are met.   PRIOR LEGISLATIVE HISTORY: New bill--2004   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Resolved (if the Senate concur), That the foregoing amendment 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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A11860 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11860
 
                   IN ASSEMBLY
 
                                   September 15, 2004
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Brodsky) --
          read once and referred to the Committee on Ways and Means
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing amendments to article VII and section 7 of article IV  of  the
          constitution,  in  relation  to  modifying  provisions for the state's
          finances and the state's budget and to repeal section  17  of  article

          VII of the constitution relating to tax stabilization funds
 
     1    Section  1. Resolved (if the Senate concur), That section 1 of article
     2  7 of the constitution be amended to read as follows:
     3    Section 1. By November first  of  each  proceeding  budget  period,  a
     4  preliminary  anticipated  receipts forecast shall be issued by the comp-
     5  troller and the independent budget office. By  December  first  of  each
     6  proceeding  budget  year,  the comptroller shall certify and transmit to
     7  the governor and the legislature the actual and unencumbered moneys  and
     8  receipts  anticipated  to  be  available  in the state treasury. For the
     9  preparation of the budget, the head of each department of state  govern-
    10  ment,  except  the legislature and judiciary, shall furnish the governor

    11  such estimates and information in such form and at  such  times  as  the
    12  governor may require, and, at such times, shall forthwith provide copies
    13  of  [which  shall forthwith be furnished] such estimates and information
    14  to the appropriate committees of the legislature and make such estimates
    15  and information available to the public.  The governor shall hold  hear-
    16  ings  thereon  at which the governor may require the attendance of heads
    17  of departments and their subordinates.   Designated  representatives  of
    18  such  committees shall be entitled to attend the hearings thereon and to
    19  make inquiry concerning any part thereof. If  the  anticipated  receipts
    20  forecasts  cannot be agreed upon by the two houses of the legislature by

    21  the tenth of March, the anticipated receipts forecasts provided  by  the
    22  independent budget office shall be binding.
    23    The  governor  shall  hold hearings by the fifteenth of February, in a
    24  manner prescribed by law, on the capital needs of the state,  and  shall
    25  submit  to the legislature an assessment of capital assets and needs, at
    26  such times and in such manner prescribed  by  law.  Within  thirty  days
    27  following  the submission of the budget to the legislature, the governor
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89178-01-4

        A. 11860                            2
 

     1  shall submit a detailed, multi-year capital program and  financing  plan
     2  to the legislature, as provided by law.
     3    Itemized  estimates  of the financial needs of the legislature, certi-
     4  fied by the presiding officer of  each  house,  and  of  the  judiciary,
     5  approved by the court of appeals and certified by the chief judge of the
     6  court  of  appeals,  shall be transmitted to the governor not later than
     7  the first day of December in each year for inclusion in the budget with-
     8  out revision but with such recommendations  as  the  governor  may  deem
     9  proper.   Copies of the itemized estimates of the financial needs of the
    10  judiciary also shall forthwith be transmitted to the appropriate commit-
    11  tees of the legislature.
    12    § 2. Resolved (if the Senate concur), That section 2 of article  7  of
    13  the constitution be amended to read as follows:

    14    §  2.  Annually,  on  or before the first day of February in each year
    15  following the year [fixed by the constitution for the election of gover-
    16  nor and lieutenant governor] in which the governor is elected,  provided
    17  such  governor  did  not  hold the office of governor at the time of the
    18  election, and on or before [the second Tuesday following the  first  day
    19  of  the  annual  meeting  of  the legislature] January fifteenth, in all
    20  other years, the governor shall  submit  to  the  legislature  a  budget
    21  containing  a  complete  plan of expenditures proposed to be made before
    22  the close of the ensuing fiscal year and all moneys [and revenues  esti-
    23  mated]  available  and anticipated receipts certified by the comptroller

    24  to be available therefor, together with an explanation of the  basis  of
    25  such  estimates  and recommendations as to proposed legislation, if any,
    26  which the governor may deem necessary to provide moneys  and  [revenues]
    27  receipts  sufficient  to  meet such proposed expenditures. It shall also
    28  contain such other recommendations and information as the  governor  may
    29  deem proper and such additional information as may be required by law.
    30    §  3.  Resolved (if the Senate concur), That section 3 of article 7 of
    31  the constitution be amended to read as follows:
    32    § 3. At the time of submitting  the  budget  to  the  legislature  the
    33  governor  shall  submit  a  bill  or  bills  containing all the proposed
    34  [appropriations and reappropriations] expenditures included in the budg-
    35  et and the proposed legislation, if any, recommended therein.

    36    The governor may at any time within [thirty] twenty-one days thereaft-
    37  er and, with the consent of the legislature,  at  any  time  before  the
    38  adjournment  thereof,  amend  or supplement the budget and submit amend-
    39  ments to any bills submitted by him or her or submit supplemental bills.
    40    The governor and the heads of departments shall have the right, and it
    41  shall be the duty of the heads of departments when requested  by  either
    42  house  of the legislature or an appropriate committee thereof, to appear
    43  and be heard in respect to the budget during the consideration  thereof,
    44  and to answer inquiries relevant thereto. The procedure for such appear-
    45  ances and inquiries shall be provided by law.
    46    No expenditure shall provide any language which attempts to modify any

    47  general,  special or local law, or which attempts to create an exception
    48  to any such law.
    49    § 4. Resolved (if the Senate concur), That section 4 of article  7  of
    50  the constitution be amended to read as follows:
    51    § 4. The legislature may not alter an [appropriation] expenditure bill
    52  submitted  by  the  governor except to strike out or reduce items or all
    53  such conditions contained therein, but  it  may  add  thereto  items  of
    54  [appropriation]  expenditure  provided  that  such  additions are stated
    55  separately and distinctly from the original items of the bill and  refer
    56  each  to  a  single  object or purpose. None of the restrictions of this

        A. 11860                            3
 

     1  section, however, shall apply to [appropriations] expenditures  for  the
     2  legislature or judiciary.
     3    [Such  an  appropriation]  An  expenditure  bill making an expenditure
     4  solely for the purpose of meeting the legal requirements of the  state's
     5  debt  service  and  lease purchase payments or other special contractual
     6  obligations shall, when passed by both houses, be  [a]  law  immediately
     7  without  further  action  by  the governor, except that [appropriations]
     8  separate items added to the governor's bills by the legislature shall be
     9  subject to the governor's approval as provided in section 7  of  article
    10  IV  and  except  that expenditures for the legislature and judiciary and

    11  separate items added to the governor's bills by the legislature shall be
    12  subject to approval of the governor as provided in section 7 of  article
    13  IV.
    14    Action by the legislature on the expenditure bills and proposed legis-
    15  lation,  if  any, submitted by the governor shall not result in expendi-
    16  tures for the ensuing fiscal year being in excess of moneys  and  antic-
    17  ipated  receipts  certified  by the comptroller to be available for such
    18  fiscal year, as provided by  law.  The  comptroller  shall  certify  and
    19  ensure  that each expenditure bill and proposed legislation shall not be
    20  in excess of moneys and anticipated receipts available for  such  fiscal
    21  year.
    22    §  5.  Resolved (if the Senate concur), That section 5 of article 7 of

    23  the constitution be amended to read as follows:
    24    § 5. Neither house of the legislature shall consider  any  other  bill
    25  making  an  [appropriation]  expenditure  until  all the [appropriation]
    26  expenditure bills submitted by the  governor  shall  have  been  finally
    27  acted  on by both houses, except on message from the governor certifying
    28  to the necessity of the immediate passage of such a bill.
    29    If, by April fifteenth, the legislature has not finally acted upon all
    30  of the expenditure bills submitted by the governor for such fiscal year,
    31  a contingency budget, as the legislature shall  provide  by  law,  shall
    32  take  effect  without further action by the legislature or the governor;
    33  provided, however, that expenditures for the legislature  and  judiciary

    34  and  separate  items  added  to  the governor's bills by the legislature
    35  shall be subject to approval of the governor as provided in section 7 of
    36  article IV. The contingency budget shall provide the  same  expenditures
    37  as  were  enacted  or otherwise became law for the immediately preceding
    38  fiscal year, and expenditure  and  anticipated  receipts  provisions  in
    39  effect  for the immediately preceding fiscal year shall remain in effect
    40  until the conclusion of the contingency period. Those provisions in  the
    41  contingency budget not altered by the legislature shall remain in effect
    42  until  such  provisions  are reenacted, repealed or superseded by subse-
    43  quent legislation or the commencement of the next fiscal year.

    44    § 6. Resolved (if the Senate concur), That section 6 of article  7  of
    45  the constitution be amended to read as follows:
    46    §  6.  Except for [appropriations] expenditures contained in the bills
    47  submitted by the governor and in a supplemental [appropriation] expendi-
    48  ture bill for the support of government,  no  [appropriations]  expendi-
    49  tures shall be made except by separate bills each for a single object or
    50  purpose,  and  such  bills  shall not contain statutory changes or other
    51  statutory language other than such language specifically related to  the
    52  expenditure  of  such expenditures. All such bills and such supplemental
    53  [appropriation] expenditure bill shall  be  subject  to  the  governor's

    54  approval as provided in section 7 of article IV.
    55    No provision shall be embraced in any [appropriation] expenditure bill
    56  submitted  by  the  governor  or  in  such  supplemental [appropriation]

        A. 11860                            4
 
     1  expenditure bill unless  it  relates  specifically  to  some  particular
     2  [appropriation] expenditure in the bill, and any such provision shall be
     3  limited in its operation to such [appropriation] expenditure.
     4    §  7.  Resolved (if the Senate concur), That section 7 of article 7 of
     5  the constitution be amended to read as follows:
     6    § 7. No money shall ever be paid out of the state treasury or  any  of
     7  its funds, or any of the funds under its management, except in pursuance

     8  of  an  [appropriation]  expenditure  by law; nor unless such payment be
     9  made within two years next after the  passage  of  such  [appropriation]
    10  expenditure act; and every such law making a new [appropriation] expend-
    11  iture  or  continuing  or reviving an [appropriation] expenditure, shall
    12  distinctly specify the sum [appropriated] of the  expenditure,  and  the
    13  object  or  purpose  to  which  it is to be applied; and it shall not be
    14  sufficient for such law to refer to any other law to fix such sum.
    15    § 8. Resolved (if the Senate concur), That section 11 of article 7  of
    16  the constitution be amended to read as follows:
    17    §  11. Except the debts or refunding debts specified in sections 9, 10

    18  and 13 of this article, no debt shall be hereafter contracted by  or  in
    19  behalf  of  the  state, unless such debt shall be authorized by law, for
    20  some single work or [purpose] multiple work or purposes, to be distinct-
    21  ly specified therein[. No]; provided that no such law shall take  effect
    22  until  it  shall,  at  a  general  election,  have been submitted to the
    23  people, and have received a majority of  all  the  votes  cast  for  and
    24  against  it  at  such  election nor shall it be submitted to be voted on
    25  within three months after its passage nor at any general election  [when
    26  any  other  law  or  any  bill  shall  be  submitted  to be voted for or
    27  against]. The state shall not  enter  into  any  borrowing  arrangement,

    28  including any contract, lease or other similar agreement, whether or not
    29  on  a contingent basis, for the purposes of making payments of principal
    30  or interest on indebtedness of the state or any  municipality,  individ-
    31  ual, or public or private corporation.
    32    The legislature may, at any time after the approval of such law by the
    33  people,  if  no  debt  shall  have been contracted in pursuance thereof,
    34  repeal the same; and may at any time, by law, forbid the contracting  of
    35  any further debt or liability under such law.  
    36    § 9. Resolved (if the Senate concur), That subdivision 8 of section 12
    37  of article 7 of the constitution be amended to read as follows:
    38    8.  No  appropriation shall be required for [disbursement] expenditure
    39  of money, or income earned thereon, from any sinking fund created pursu-

    40  ant to this section for the purpose of paying principal of and  interest
    41  on the obligations for which such fund was created, except that interest
    42  shall  be paid from any such fund only if, and to the extent that, it is
    43  not payable annually and contributions on account of such interest  were
    44  made thereto.
    45    §  10.  Resolved (if the Senate concur), That subdivision 3 of section
    46  13 of article 7 of the constitution be amended to read as follows:
    47    3. Proceeds of refunding obligations  shall  be  deposited  in  escrow
    48  funds  which shall be maintained and managed by the state comptroller or
    49  by an agent or trustee designated by the state comptroller and no legis-
    50  lative [appropriation] expenditure shall be required for disbursement of
    51  money, or income earned thereon, from such escrow funds for the purposes
    52  enumerated in this section.

    53    § 11. Resolved (if the Senate concur), That section 16 of article 7 of
    54  the constitution be amended to read as follows:
    55    § 16.  The  legislature  shall  annually  provide  by  [appropriation]
    56  expenditure  for  the  payment  of the interest upon and installments of

        A. 11860                            5
 
     1  principal of all debts or refunding debts created on behalf of the state
     2  except those contracted under section 9 of this  article,  as  the  same
     3  shall  fall  due,  and  for the contribution to all of the sinking funds
     4  created  by  law,  of  the  amounts annually to be contributed under the
     5  provisions of section 12, 13 or 15 of this article. If at any  time  the
     6  legislature shall fail to make any such [appropriation] expenditure, the

     7  comptroller shall set apart from the first revenues thereafter received,
     8  applicable  to  the  general  fund of the state, a sum sufficient to pay
     9  such interest, installments of principal, or contributions to such sink-
    10  ing fund, as the case may be, and shall so apply  the  moneys  thus  set
    11  apart.  The  comptroller  may  be  required  to set aside and apply such
    12  revenues as aforesaid, at the suit of any holder of such bonds.
    13    Notwithstanding the foregoing provisions of this  section,  the  comp-
    14  troller  may  covenant with the purchasers of any state obligations that
    15  they shall have no further rights against the state for payment of  such
    16  obligations  or  any  interest thereon after an amount or amounts deter-
    17  mined in accordance with the provisions of such covenant is deposited in
    18  a described fund or with a named or described agency or trustee. In such

    19  case, this section shall have no further  application  with  respect  to
    20  payment  of  such  obligations  or  any interest thereon after the comp-
    21  troller has complied with the prescribed conditions of such covenant.
    22    The state shall have limited authority to issue revenue bonds  as  the
    23  legislature shall provide by law.
    24    § 12. Resolved (if the Senate concur), That section 17 of article 7 of
    25  the  constitution  be  REPEALED and a new section 17 be added to read as
    26  follows:
    27    § 17. There is hereby established in the state treasury a fund  to  be
    28  known  as the fiscal stabilization reserve fund. Such fund shall consist
    29  of moneys deposited therein, and moneys shall  be  withdrawn  from  such
    30  fund  only  for  the  purposes  as provided herein. For each fiscal year

    31  commencing on or after May first, two thousand six, an amount  shall  be
    32  transferred from the general fund and deposited in the fiscal stabiliza-
    33  tion reserve fund which shall be calculated as one percent of all moneys
    34  deposited  into  the  state treasury, excluding federal funds, fiduciary
    35  funds and bond proceeds, during the immediately preceding  fiscal  year,
    36  reduced  by  the  amount  that the sum of the balance of the fund at the
    37  beginning of the fiscal year and one percent of all the moneys deposited
    38  into the state treasury during the  immediately  preceding  fiscal  year
    39  exceeds  five  percent  of the moneys excluding federal funds, fiduciary
    40  funds and bond proceeds deposited into the  state  treasury  during  the

    41  immediately  preceding  fiscal  year.  Moneys  available  in  the fiscal
    42  stabilization reserve fund shall be withdrawn from the fund  and  trans-
    43  ferred  to  the general fund at the end of any fiscal year in the amount
    44  that moneys deposited in the general fund during  such  fiscal  year  is
    45  less than the amount paid from the general fund during such fiscal year,
    46  provided  that  the  amount  transferred  shall not exceed the amount of
    47  moneys available in the fiscal stabilization reserve fund.
    48    This section shall not apply in  cases  of  invasion,  suppression  of
    49  insurrection,  or  defense of the state in war, or suppression of forest
    50  fires.
    51    § 13. Resolved, (if the Senate concur), That article 7 of the  consti-

    52  tution be amended by adding a new section 20 to read as follows:
    53    § 20.  Independent budget office. There is hereby established an inde-
    54  pendent  budget  office  to  provide  independent analysis of fiscal and
    55  economic conditions.

        A. 11860                            6
 
     1    This section shall take effect one year after  it  shall  have  become
     2  law.
     3    §  14. Resolved (if the Senate concur), That section 7 of article 4 of
     4  the constitution be amended to read as follows:
     5    § 7. Every bill which shall have passed the senate and assembly shall,
     6  before it becomes a law, be presented to the governor; if  the  governor
     7  approve,  he or she shall sign it; but if not, he or she shall return it
     8  with his or her objections to the house in which it  shall  have  origi-

     9  nated,  which  shall  enter  the objections at large on the journal, and
    10  proceed to reconsider it. If after such reconsideration,  two-thirds  of
    11  the members elected to that house shall agree to pass the bill, it shall
    12  be  sent  together  with the objections, to the other house, by which it
    13  shall likewise be reconsidered; and if approved  by  two-thirds  of  the
    14  members elected to that house, it shall become a law notwithstanding the
    15  objections  of  the governor. In all such cases the votes in both houses
    16  shall be determined by yeas and nays,  and  the  names  of  the  members
    17  voting  shall  be  entered on the journal of each house respectively. If
    18  any bill shall not be returned by the governor within ten days  (Sundays
    19  excepted)  after  it  shall  have been presented to him or her, the same
    20  shall be a law in like manner as if he or she had signed it, unless  the

    21  legislature  shall,  by  their adjournment, prevent its return, in which
    22  case it shall not become a law without the approval of the governor.  No
    23  bill  shall become a law after the final adjournment of the legislature,
    24  unless approved by the governor within thirty days after  such  adjourn-
    25  ment.  If  any  bill  presented to the governor contain several items of
    26  [appropriation] expenditure of money, the governor may object to one  or
    27  more  of  such [items] expenditures while approving of the other portion
    28  of the bill. In such case the governor shall append to the bill, at  the
    29  time of signing it, a statement of the items to which he or she objects;
    30  and  the  [appropriation]  expenditure  so  objected  to  shall not take
    31  effect. If the legislature be in session, he or she  shall  transmit  to

    32  the house in which the bill originated a copy of such statement, and the
    33  [items]  expenditures  objected  to  shall  be  separately reconsidered.
    34  Either house of the legislature may reconsider the governor's objections
    35  first. If the house that was not  of  original  jurisdiction  wishes  to
    36  reconsider the objections first, such house may recall the bill from the
    37  house  of  original  jurisdiction.  If on reconsideration one or more of
    38  such [items] expenditures be  approved  by  two-thirds  of  the  members
    39  elected  to each house, the same shall be part of the law, notwithstand-
    40  ing the objections of the governor. All the provisions of this  section,
    41  in  relation to bills not approved by the governor, shall apply in cases

    42  in which he or she shall  withhold  approval  from  any  item  or  items
    43  contained in a bill [appropriating] expending money.
    44    §  15.  Resolved (if the Senate concur), That the foregoing amendments
    45  be referred to the first regular legislative session convening after the
    46  next succeeding general election of members of  the  assembly,  and,  in
    47  conformity  with  section  1  of  article  19  of  the  constitution, be
    48  published for 3 months previous to the time of such election.
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