S T A T E   O F   N E W   Y O R K
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                                  3757
                       2009-2010 Regular Sessions
                          I N  A S S E M B L Y
                            January 28, 2009
                               ___________
Introduced  by  M. of A. SCHIMMINGER, GREENE, PEOPLES -- Multi-Sponsored
  by -- M. of A.  EDDINGTON, KOON, MAGEE -- read once  and  referred  to
  the Committee on Ways and Means
            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing  an amendment to article 7 of the constitution, in relation to
  providing for a continuing austerity contingency budget in  the  event
  that  the budget submitted by the governor is not passed by the legis-
  lature before the start of the new fiscal year with or without permis-
  sible alterations
  Section 1.  Resolved (if the Senate concur), That  article  7  of  the
constitution be amended by adding a new section 4-a to read as follows:
  S  4-A.  IF, ON OR BEFORE THE FIRST DAY OF THE STATE FISCAL YEAR WHICH
NEXT FOLLOWS SUBMISSION OF  THE  EXECUTIVE  BUDGET  BILLS  DESCRIBED  IN
SECTION  THREE  OF THIS ARTICLE, THE LEGISLATURE HAS NOT PASSED, WITH OR
WITHOUT PERMISSIBLE ALTERATIONS, ONE OR MORE OF  SUCH  BILLS  CONTAINING
ALL  THE  PROPOSED  APPROPRIATIONS  AND REAPPROPRIATIONS INCLUDED IN THE
GOVERNOR'S SUBMISSION PURSUANT TO SECTION THREE OF THIS ARTICLE, THEN IN
SUCH EVENT ALL OF THE AUTHORITY TO RAISE AND SPEND  MONEYS  PURSUANT  TO
THE  PREVIOUSLY ADOPTED BUDGET LAWS IN EFFECT FOR THE FISCAL YEAR DURING
WHICH THE GOVERNOR'S SUBMISSION IS MADE SHALL CONTINUE IN EFFECT  DURING
THE  NEXT STATE FISCAL YEAR BUT SUCH SPENDING AUTHORITY SHALL BE LIMITED
BY A MANDATORY ACROSS-THE-BOARD FIVE  PERCENT  REDUCTION  IN  ALL  STATE
SPENDING,  EXCEPT  PAYMENTS FOR ENTITLEMENT PROGRAMS MANDATED BY LAW AND
PAYMENTS FOR SERVICING THE STATE'S DEBT, UNTIL SUCH TIME AS NEW AUTHORI-
TY IS CONFERRED BY ADOPTION BY THE LEGISLATURE, WITH OR WITHOUT  PERMIS-
SIBLE  ALTERATIONS,  OF A SUFFICIENT NUMBER OF THE BILLS SO SUBMITTED BY
THE GOVERNOR AND APPLICABLE TO THE NEW FISCAL YEAR, WHICH ADOPTED  BILLS
IN  THE  AGGREGATE  CONSTITUTE,  IN  THE  JUDGMENT OF THE LEGISLATURE, A
BALANCED BUDGET.
  S 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.
              
             
                          
                 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89075-01-9