S T A T E   O F   N E W   Y O R K
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                                   8770
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 3, 2017
                                ___________
 
 Introduced by M. of A. OAKS, BLANKENBUSH, BUTLER, GIGLIO, FINCH, HAWLEY,
   LAWRENCE,  MONTESANO,  RAIA, WALTER, STEC, CASTORINA, NORRIS -- Multi-
   Sponsored by -- M. of A. BARCLAY, CROUCH,  CURRAN,  DiPIETRO,  FITZPA-
   TRICK,  FRIEND,  GARBARINO,  JOHNS, KOLB, McDONOUGH, McKEVITT, MURRAY,
   PALMESANO -- read once and referred to the Committee on Ways and Means

             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to section 4 of article 7 of the constitution, in
   relation to reforming the state budget process
 
   Section 1. Resolved (if the Senate concur), That section 4 of  article
 7 of the constitution be amended to read as follows:
   §  4. The legislature may not alter an appropriation bill submitted by
 the governor except to strike out or reduce items therein,  but  it  may
 add  thereto  items  of  appropriation  provided that such additions are
 stated separately and distinctly from the original items of the bill and
 refer each to a single object or purpose. None of  the  restrictions  of
 this section, however, shall apply to appropriations for the legislature
 or judiciary.
   Such  an  appropriation bill shall when passed by both houses be a law
 immediately  without  further  action  by  the  governor,  except   that
 appropriations  for  the  legislature  and  judiciary and separate items
 added to the governor's bills by the legislature  shall  be  subject  to
 approval of the governor as provided in section 7 of article IV.
   UPON  THE  FAILURE  OF  BOTH  HOUSES TO FINALLY ACT WITHIN SEVENTY-TWO
 HOURS FROM THE BEGINNING OF THE FISCAL YEAR ON ALL  APPROPRIATION  BILLS
 SUBMITTED  BY  THE  GOVERNOR  IN  ACCORDANCE  WITH SECTION THREE OF THIS
 ARTICLE, A DEFAULT BUDGET SHALL BE LAW FOR SUCH FISCAL YEAR AS  PROVIDED
 IN   THIS  SECTION.  THE  DEFAULT  BUDGET  SHALL  BE  COMPRISED  OF  ALL
 APPROPRIATION BILLS ACTED UPON BY BOTH HOUSES AND WHICH BECAME  LAW  FOR
 THE  IMMEDIATELY  PRECEDING  FISCAL  YEAR  OR THE DEFAULT BUDGET FOR THE
 IMMEDIATELY PRECEDING FISCAL YEAR IF A DEFAULT  BUDGET  BECAME  LAW  FOR
 SUCH FISCAL YEAR AND ALL LAWS GOVERNING THE APPORTIONMENT AND ALLOCATION
 APPROPRIATIONS   AND  THE  TRANSFER  AND  THE  LOAN  OF  FUNDS  FOR  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89087-01-7

 A. 8770                             2
 
 IMMEDIATELY PRECEDING FISCAL YEAR SHALL  CONTINUE  TO  BE  LAW  FOR  THE
 FISCAL  YEAR  FOR  WHICH THE DEFAULT BUDGET IS A LAW, PROVIDED, HOWEVER,
 THAT  IN  NO  EVENT  SHALL   AGGREGATE   DISBURSEMENTS   AUTHORIZED   BY
 APPROPRIATIONS  CONTAINED  IN  THE  DEFAULT  BUDGET FOR SUCH FISCAL YEAR
 EXCEED AGGREGATE DISBURSEMENTS MADE IN THE IMMEDIATELY PRECEDING  FISCAL
 YEAR.
   IN THE EVENT THAT A DEFAULT BUDGET BECOMES LAW FOR A FISCAL YEAR AND A
 DETERMINATION  IS  MADE  BY  THE  GOVERNOR THAT, FOR THE FISCAL YEAR FOR
 WHICH THE DEFAULT BUDGET IS A LAW, MONEYS AND RECEIPTS AVAILABLE FOR THE
 FISCAL YEAR  ARE  LESS  THAN  MONEYS  AND  RECEIPTS  AVAILABLE  FOR  THE
 IMMEDIATELY PRECEDING FISCAL YEAR, THE GOVERNOR SHALL HAVE THE FOLLOWING
 POWERS:
   (A)  THE  GOVERNOR MAY TRANSFER, IN EXCESS OF ANY LIMITATION OTHERWISE
 PROVIDED BY LAW, ANY APPROPRIATION OR PORTION THEREOF FOR ANY OBJECT  OR
 PURPOSE   TO   ANOTHER  OBJECT  OR  PURPOSE  ONLY  TO  MEET  CONTRACTUAL
 REQUIREMENTS FOR WHICH APPROPRIATIONS CONTAINED IN  THE  DEFAULT  BUDGET
 ARE NOT SUFFICIENT TO MEET SUCH REQUIREMENTS;
   (B) THE GOVERNOR MAY REDUCE BY A UNIFORM PERCENTAGE ALL APPROPRIATIONS
 FROM  THE  GENERAL  FUND  OR  PORTIONS  THEREOF  NOT  NECESSARY  TO MEET
 CONTRACTUAL REQUIREMENTS OR OTHER REQUIREMENTS ESTABLISHED BY  STATE  OR
 FEDERAL LAW;
   (C)  THE  GOVERNOR  MAY  MODIFY THE OPERATION OF ANY LAW GOVERNING THE
 APPORTIONMENT AND THE ALLOCATION OF APPROPRIATIONS OR  PART  THEREOF  IF
 THE  OPERATION  OF  SUCH  LAW OR PART THEREOF REQUIRES DISBURSEMENTS FOR
 SUCH OBJECT OR  PURPOSE  REQUIRED  BY  THE  OPERATION  OF  LAW  FOR  THE
 IMMEDIATELY PRECEDING FISCAL YEAR. THE OPERATION OF ANY SUCH LAW OR PART
 THEREOF  SHALL ONLY BE MODIFIED SUCH THAT SUCH MODIFICATION SHALL RESULT
 IN REQUIRED DISBURSEMENTS FOR AN OBJECT OR  PURPOSE  DURING  THE  FISCAL
 YEAR  WHICH  IS  LESS  THAN THE DISBURSEMENTS FOR SUCH OBJECT OR PURPOSE
 THAT WOULD OTHERWISE BE REQUIRED BY THE OPERATION OF  LAW  WITHOUT  SUCH
 MODIFICATION, PROVIDED, HOWEVER, THAT SUCH MODIFICATION SHALL NOT RESULT
 IN  DISBURSEMENTS  FOR  AN  OBJECT  OR  PURPOSE  WHICH ARE LESS THAN THE
 DISBURSEMENTS FOR SUCH  OBJECT  OR  PURPOSE  REQUIRED  BY  LAW  FOR  THE
 IMMEDIATELY  PRECEDING  FISCAL YEAR. ANY SUCH LAW WHICH PROVIDES FOR THE
 ALLOCATION OR APPORTIONMENT OF APPROPRIATIONS FOR AN OBJECT  OR  PURPOSE
 BETWEEN OR AMONG ENTITIES MAY BE MODIFIED BY THE GOVERNOR ONLY SUCH THAT
 THE REQUIRED REDUCTION IN DISBURSEMENTS RESULTING FROM SUCH MODIFICATION
 RESULTS IN A UNIFORM PERCENTAGE REDUCTION TO ALL AFFECTED ENTITIES.
   ANY  DETERMINATION MADE BY THE GOVERNOR PURSUANT TO THIS SECTION THAT,
 FOR A FISCAL YEAR FOR WHICH A DEFAULT BUDGET IS LAW, MONEYS AND RECEIPTS
 AVAILABLE FOR  THE  FISCAL  YEAR  ARE  LESS  THAN  MONEYS  AND  RECEIPTS
 AVAILABLE  FOR  THE IMMEDIATELY PRECEDING FISCAL YEAR SHALL ONLY BE MADE
 WITHIN FIFTEEN DAYS AFTER THE DATE ON WHICH A DEFAULT BUDGET BECOMES LAW
 AND THE ESTIMATE OF MONEYS AND  RECEIPTS  AVAILABLE  USED  IN  ANY  SUCH
 DETERMINATION  SHALL  BE BASED ON A CONSENSUS FORECAST OR OTHER FORECAST
 OF SUCH  ESTIMATES  TO  THE  EXTENT  PROVIDED  ACCORDING  TO  PROCEDURES
 ESTABLISHED  BY  LAW.  ON MAKING SUCH A DETERMINATION THE GOVERNOR SHALL
 NOTIFY BOTH HOUSES OF THE LEGISLATURE OF HIS OR  HER  DETERMINATION  AND
 ALL  MODIFICATIONS  AUTHORIZED  BY  THIS  SECTION  THAT  WILL BE MADE TO
 APPROPRIATIONS OR TO THE OPERATION OF LAWS FOR THE FISCAL YEAR.
   § 2. 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.