S T A T E   O F   N E W   Y O R K
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                                  7160

                            I N  S E N A T E

                             March 17, 2010
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing amendments to sections 1, 2, 3 and  7  of  article  7  of  the
  constitution,  in  relation  to  providing  for the establishment of a
  biennial budgeting system for the state  replacing  the  state  annual
  budget process

  Section  1. Resolved (if the Assembly concur), That section 1 of arti-
cle 7 of the constitution be amended to read as follows:
  Section 1. For the preparation of the budget, the head of each depart-
ment of state government, except the legislature  and  judiciary,  shall
furnish  the governor such estimates and information in such form and at
such times as the governor may require, copies of which shall  forthwith
be  furnished  to  the  appropriate committees of the legislature.   The
governor shall hold hearings thereon at which the governor  may  require
the  attendance  of heads of departments and their subordinates.  Desig-
nated representatives of such committees shall be entitled to attend the
hearings thereon and to make inquiry concerning any part thereof.
  Itemized estimates of the financial needs of the  legislature,  certi-
fied  by  the  presiding  officer  of  each house, and of the judiciary,
approved by the court of appeals and certified by the chief judge of the
court of appeals, shall be transmitted to the governor  not  later  than
the first day of December in each year IMMEDIATELY PRECEDING THE YEAR IN
WHICH  THE  GOVERNOR  TRANSMITS TO THE LEGISLATURE THE GOVERNOR'S BUDGET
DOCUMENT for inclusion in the budget  without  revision  but  with  such
recommendations as the governor may deem proper.  Copies of the itemized
estimates  of  the financial needs of the judiciary also shall forthwith
be transmitted to the appropriate committees of the legislature.
  S 2. Resolved (if the Assembly concur), That section 2 of article 7 of
the constitution be amended to read as follows:
  S 2. [Annually, on or before the first day of February  in  each  year
following  the year fixed by the constitution for the election of gover-
nor and lieutenant governor, and on or before the second Tuesday follow-
ing the first day of the annual meeting of the legislature, in all other
years] BIENNIALLY, ON OR BEFORE THE SECOND TUESDAY FOLLOWING  THE  FIRST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD89165-01-0

S. 7160                             2

DAY  OF THE ANNUAL MEETING OF THE LEGISLATURE, EXCEPT FOLLOWING THE YEAR
FIXED BY THE CONSTITUTION FOR THE ELECTION OF  GOVERNOR  AND  LIEUTENANT
GOVERNOR,  WHICH  SHALL  BE THE THIRD TUESDAY FOLLOWING THE FIRST DAY OF
THE  ANNUAL  MEETING  OF  THE LEGISLATURE, AND IN ALL OTHER ODD NUMBERED
YEARS, the governor shall submit to the legislature a budget [containing
a complete plan of expenditures proposed to be made before the close  of
the  ensuing  fiscal  year  and  all moneys and revenues estimated to be
available therefor, together with an explanation of the  basis  of  such
estimates  and recommendations as to proposed legislation, if any, which
the governor may deem necessary to provide moneys  and  revenues  suffi-
cient  to  meet  such  proposed expenditures. It shall also contain such
other recommendations and information as the governor  may  deem  proper
and  such  additional  information  as  may be required by law] DOCUMENT
SETTING FORTH A FINANCIAL PROGRAM FOR THE ENSUING BIENNIUM.
  S 3.  Resolved (if the Assembly concur), That section 3 of  article  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.
  The governor may at any time within [thirty] TWENTY-ONE days thereaft-
er  and,  with  the  consent  of the legislature, at any time before the
adjournment thereof, amend or supplement the budget  and  submit  amend-
ments to any bills submitted by him or her or submit supplemental bills.
  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
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 4.  Resolved (if the Assembly concur), That section 7 of  article  7
of the constitution be amended to read as follows:
  S  7.  No money shall ever be paid out of the state treasury or any of
its funds, or any of the funds under its management, except in pursuance
of an appropriation by law; nor unless such payment be made within [two]
FOUR years next after the passage of such appropriation act;  and  every
such  law making a new appropriation or continuing or reviving an appro-
priation, shall distinctly specify the sum appropriated, and the  object
or  purpose to which it is to be applied; and it shall not be sufficient
for such law to refer to any other law to fix such sum.
  S 5.  Resolved (if the Assembly concur), That the foregoing amendments
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 three months previous to the time of such election.