senate Bill S1843

Requires that the governor's article 7 appropriation bills be specifically itemized to assure accountability

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Jan / 2011
    • REFERRED TO JUDICIARY
  • 19 / Jan / 2011
    • TO ATTORNEY-GENERAL FOR OPINION
  • 27 / Apr / 2011
    • OPINION REFERRED TO JUDICIARY
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 09 / Jan / 2012
    • TO ATTORNEY-GENERAL FOR OPINION
  • 08 / Feb / 2012
    • OPINION REFERRED TO JUDICIARY

Summary

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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Bill Details

See Assembly Version of this Bill:
A6390
Versions:
S1843
Legislative Cycle:
2011-2012
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 7 §3, Constn
Versions Introduced in 2009-2010 Legislative Cycle:
S3949, A7939

Sponsor Memo

BILL NUMBER:S1843

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
governor set forth with enough specificity each appropriation

PURPOSE:
To ensure accountability of public funds by requiring that all
appropriations bills be specifically itemized by the purpose for
which the funds are to be used.

SUMMARY OF PROVISIONS:
This resolution proposes a constitutional amendment (article 7,
section 3) to ensure accountability of public funds by requiring that
all appropriations bills be specifically itemized by the purpose for
which the funds are to be used. The specifications 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.

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, as couched in vague
generalizations. The current system reduces the opportunity for
legislators 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:
04/07/09 REFERRED TO JUDICIARY
04/17/09 TO ATTORNEY-GENERAL FOR OPINION
05/08/09 OPINION REFERRED TO JUDICIARY
01/06/10 REFERRED TO JUDICIARY
01/12/10 TO ATTORNEY-GENERAL FOR OPINION
02/02/10 OPINION REFERRED TO JUDICIARY

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Resolved (if the concur), 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1843

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by Sens. OPPENHEIMER, DILAN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

            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

  Section 1.  Resolved (if the Assembly concur), That section 3 of arti-
cle 7 of the constitution be amended to read as follows:
  S 3. At the time of submitting  the  budget  to  the  legislature  the
governor shall submit a bill or bills containing all the proposed appro-
priations  and  reappropriations included in the budget and the proposed
legislation, if any, recommended therein.  ALL APPROPRIATIONS AND  REAP-
PROPRIATIONS  SHALL  BE  SPECIFICALLY  ITEMIZED BY THE PURPOSE FOR WHICH
THEY MAY BE USED TO ENSURE ACCOUNTABILITY IN THE USE  OF  PUBLIC  FUNDS.
SUCH  PURPOSES  SHALL BE SPECIFIED IN CLEAR AND PLAIN LANGUAGE AND SHALL
REFER TO BOTH THE COMMONLY USED NAMES OF THE PROGRAMS  COVERED  BY  SUCH
APPROPRIATIONS  AND  THE  PROVISION  OF  LAW  (IF  ANY)  AUTHORIZING THE
PROGRAMS, ACTIVITIES, OR EXPENDITURES COVERED BY SUCH APPROPRIATIONS.
  The governor may at any time within thirty days thereafter  and,  with
the consent of the legislature, at any time before the adjournment ther-
eof,  amend  or supplement the budget and submit amendments to any bills
submitted by him or her or submit supplemental  bills.    ALL  APPROPRI-
ATIONS  AND  REAPPROPRIATIONS,  CONTAINED  IN SUCH AMENDMENTS OR SUPPLE-
MENTAL BILLS, SHALL BE SPECIFICALLY ITEMIZED BY THE  PURPOSE  FOR  WHICH
THEY  MAY  BE  USED. SUCH PURPOSES SHALL BE SPECIFIED IN CLEAR AND PLAIN
LANGUAGE AND SHALL REFER TO BOTH THE COMMONLY USED NAMES OF THE PROGRAMS
COVERED BY SUCH APPROPRIATIONS AND THE PROVISION OF LAW (IF ANY) AUTHOR-
IZING THE PROGRAMS, ACTIVITIES, OR EXPENDITURES COVERED BY  SUCH  APPRO-
PRIATIONS.
  The governor and the heads of departments shall have the right, and it
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.
                                                           LBD89078-01-1

S. 1843                             2

house of the legislature or an appropriate committee thereof, to  appear
and  be heard in respect to the budget during the consideration thereof,
and to answer inquiries relevant thereto. The procedure for such appear-
ances and inquiries shall be provided by law.
  S 2. Resolved (if the Assembly concur), 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 conform-
ity 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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