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

                                  7533

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2009
                               ___________

Introduced  by  M.  of  A.  SCHROEDER  --  read once and referred to the
  Committee on Ways and Means

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing amendments to sections 1, 2, 11 and 12 of  article  7  of  the
  constitution,  in  relation to the submission of a capital program and
  financing plan and the number of ballot propositions authorizing  debt
  that may be put to the voters in a single election

  Section 1.  Resolved (if the Senate concur), That section 1 of article
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.  THE
GOVERNOR ALSO SHALL HOLD HEARINGS, IN A MANNER PRESCRIBED BY LAW, ON THE
CAPITAL NEEDS OF THE STATE, AND SUBMIT TO THE LEGISLATURE AN  ASSESSMENT
OF  CAPITAL ASSETS AND NEEDS, AT SUCH TIMES AND IN THE MANNER PRESCRIBED
BY LAW.
  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 for inclusion in the budget with-
out  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 commit-
tees of the legislature.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89098-01-9
              

A. 7533                             2

  S  2.  Resolved (if the Senate 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,  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.
  ANNUALLY,  AS PROVIDED BY LAW, THE GOVERNOR SHALL SUBMIT TO THE LEGIS-
LATURE A DETAILED MULTI-YEAR CAPITAL PROGRAM AND FINANCING PLAN.
  S 3. Resolved (if the Senate concur), That section 11 of article 7  of
the constitution be amended to read as follows:
  S  11. Except the debts or refunding debts specified in sections 9, 10
and 13 of this article, no debt shall be hereafter contracted by  or  in
behalf  of  the  state, unless such debt shall be authorized by law, for
some single work or purpose, to be distinctly specified therein. No such
law shall take effect until it shall, at a general election,  have  been
submitted  to  the people, and have received a majority of all the votes
cast for and against it at such election nor shall it be submitted to be
voted on within three months after  its  passage  [nor  at  any  general
election  when  any other law or any bill shall be submitted to be voted
for or against].
  The legislature may, at any time after the approval of such law by the
people, if no debt shall have  been  contracted  in  pursuance  thereof,
repeal  the same; and may at any time, by law, forbid the contracting of
any further debt or liability under such law.
  S 4. Resolved  (if the Senate concur), That subdivision 6  of  section
12 of article 7 of the constitution be amended to read as follows:
  6.  The  money  arising  from any loan creating such debt or liability
shall be applied only to CAPITAL PROJECTS FOR the work or purpose speci-
fied in the act authorizing such debt or liability, or for  the  payment
of  such debt or liability, including any notes or obligations issued in
anticipation of the sale of bonds evidencing such debt or liability.
  S 5. Resolved (if the Senate 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 3 months previous to the time of such election.