Senate Bill S3471

2009-2010 Legislative Session

Provides for implementation of a "current services budget" as the state budget in the event a budget is not passed by the legislature in a timely manner

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2010	opinion referred to judiciary
Jan 12, 2010	to attorney-general for opinion
Jan 06, 2010	referred to judiciary
Apr 14, 2009	opinion referred to judiciary
Mar 24, 2009	to attorney-general for opinion
Mar 19, 2009	referred to judiciary

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2009-S3471 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 3 §§13, 14 & 16, Art 4 §7, Art 7 §§1, 2, 3, 4, 6 & 7, add §3-a, Constn

2009-S3471 (ACTIVE) - Summary

Proposes amendments to various provisions of articles 3, 4 and 7 of the state constitution, and adds a new section 3-a to article 7 thereof, requiring that the legislature shall pass a budget annually, before the first day of the fiscal year, and providing that if a budget is not passed by the legislature by the first day of the fiscal year, then a "current services budget" shall be implemented and in effect and shall be deemed enacted and shall remain in effect for the fiscal year unless within the first 60 days of the fiscal year the legislature acts on the governor's appropriation bills in a manner that, as determined by the comptroller, is sufficient for the ongoing operation and support of state government and local assistance for the upcoming fiscal year; specifies elements of the current services budget to be prepared by the governor, after considering certain specified factors, and provides that it, along with related bills, shall be submitted by the governor; provides for the adoption of a concurrent budget resolution by both houses of the legislature; makes related provisions.

2009-S3471 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3471

 TITLE OF BILL :
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments
to sections 13, 14 and 16 of article 3, section 7 of article 4,
sections 1, 2, 3, 4, 6 and 7 of article 7 and adding a new section 3-a
to article 7 of the constitution, in relation to implementing a
current services budget in the event a budget is not passed in a
timely manner


 PURPOSE :

Assures more timely and effective action on budget bills, and assures
continuity and efficiency of government operations, by:

* Establishing a process by which the legislature will pass a
concurrent resolution on the budget to serve as a mechanism for
guiding the actions of both houses on all budget related bills,

* Establishing a constitutional requirement that the legislature pass
the budget before the first day of the fiscal year,

* Providing for the implementation of a "current services budget" as
the state budget in the event a budget is not enacted in a timely
manner, and

* Protecting the legislature's constitutional right to strike out or
reduce items in appropriation bills submitted by the governor, by
precluding the presence of statutory language therein.

 SUMMARY OF PROVISIONS :
This bill contains amendments and additions to the state constitution.

* Sections 1 and 2 amend Article 3 (sections 13, 14, and 16) and
Article 4 (section 7) of the constitution to carve out exceptions to
certain procedural requirements regarding the enactment of bills. The
amendments will allow for the automatic implementation of a "current
services budget" if a budget is not passed by the first day of the
fiscal year, under circumstances detailed in Article 7 as amended by
this legislation.

* Section 3 amends Article 7, amending sections 1,2,3,4,6, and 7, and
adding a new section 3-a.

* Provides, by amending VII (1), that the information sent to the
governor by department heads shall include projections of the
expenditures required to provide, throughout the upcoming fiscal year,
the same level of all services and functions as currently provided. In
so doing, the department heads shall consider various relevant
specified factors.

* Provides, by amending VII (2), that the governor shall submit a
proposed budget at least eighty days prior to the first day of the
upcoming fiscal year, or by February 1 in each year following a
gubernatorial election year, if in that year February 1 falls less
than eighty days prior to the upcoming fiscal year.  When submitting a
proposed budget to the legislature, the governor shall include a
current services budget setting forth projections regarding the
expenditures required to continue to provide, throughout the upcoming
fiscal year, the same level of all services and functions as currently
provided. Provides that the governor shall include, in addition to
recommendations as to any proposed legislation which may be deemed
necessary to provide moneys and revenues sufficient to meet proposed
expenditures, recommendations as to any other proposed legislation
deemed necessary to implement the proposed expenditures, and also a
description of all legislation deemed necessary to implement the
current services budget.

* Amends VII(3) to provide that the governor shall submit, at the time
of submitting the budget:

* A bill or bills containing all proposed appropriations and
reappropriations,

* A bill or bills containing all the proposed legislation deemed
necessary to provide moneys and revenues sufficient to make proposed
expenditures,

* A bill or bills containing all the proposed legislation deemed
necessary to implement proposed expenditures,

* A bill or bills containing all appropriations and reappropriations
necessary to implement the current services budget,

* A bill or bills containing all legislation deemed necessary to
implement the current services budget. Under current law, the governor
now must submit a bill or bills containing all proposed appropriations
and reappropriations in the budget and the proposed legislation, if
any, recommended therein. The effect of the amendment is to more
clearly identify the types of bills used for these purposes, and to
preclude their intermingling, as well as to provide for submission of
parallel bills for the new current services budget in the event it
must be implemented.

* Adds a section 3-a to Article VII to provide a process by which the
assembly an senate shall, at least ten days before the beginning of
the fiscal year, pass a concurrent resolution on the budget in order
to serve as an internal mechanism for guiding the actions of both
houses of the legislature and their communities on all budget-related
bills. The amendment requires that each house begin by passing a
resolution on the budget containing the house's determination as to
appropriate levels of revenues and expenditures for the upcoming
fiscal year, and the amount by which state revenues should increase or
decrease. Within two days of the adoption of such a resolution in each
house, a conference shall be held to reconcile the two resolutions.
Until the concurrent resolution is passed, it shall not be in order in
the senate or the assembly to consider any other budget-related
matter.

* Amends VII(4) to provide that the legislature may not alter any of
the current services budget bills submitted by the governor unless
such amendments are recommended by the state comptroller as necessary
to ensure the same level of all services and functions, throughout the
upcoming fiscal year, as currently provided. Also provides that if by
the first day of the fiscal year, both houses of the legislature have
not acted on the governor's budget bills in a manner that the
comptroller determines is sufficient for the ongoing operation and
support of state government, the current services budget bills will be
deemed enacted.  They will remain in effect all year unless, within
sixty days of the beginning of the fiscal year, both houses act in the
manner required on the governor's budget bills.

* Amends VII(6) to provide that no proposed changes in the state's
statutes shall be included directly or indirectly in any appropriation
bill or supplemental appropriation bill submitted by the governor.
Rather, such changes, if deemed necessary, shall be included in a bill
that does not contain appropriations.

* Amends VII(7) to provide that if a current services budget
appropriation bill is deemed enacted, such enactment shall be an
appropriation by law for the purposes of this section, which currently
requires that no money shall be paid out of the treasury except in
pursuance of an appropriation by law.

 JUSTIFICATION :

For the past eighteen years, New York State's budget has been late.
Beyond the bad press, late budgets:

1. Throw local governments, school districts, state agencies,
non-profits and businesses that rely on state aid into a turmoil of
fiscal uncertainty. These entities are often forced to borrow money
just to cover basic operating expenses. They may also indefinitely
delay new programs, such as pre-K programs or programs to build new
schools or roads, because of uncertainty about funding levels;

2. Have an adverse impact on the state's bond rating, thus increasing
debt service, and increasing the burden on the taxpayer; and

3. Monopolize the attention of the Legislature, frustrating individual
members and crowding out our ability to deliberate on all other pieces
of legislation.

This legislation provides a structural improvement to the process,
with a constitutional provision directing the legislature to adopt, as
does the Congress of the United States, a concurrent resolution on the
budget for the upcoming fiscal year. The concurrent resolution shall
set forth appropriate levels for the fiscal year for: totals of new
appropriations and expenditures for major functional categories; total
revenues and the amount by which revenue should be increased or
decreased; the surplus or deficit in the budget; and other items as
determined by the legislature. With this concurrent budget resolution;
we will be able to recommend appropriate levels of revenue and
spending, and we will have an internal mechanism for guiding our
deliberations on revenue, spending and other budget-related
legislation. Adding this element to the budget process enhances our
ability to focus on what really matters - the big picture - and gets
the Assembly and Senate talking early. Having the ability to work
constructively on the budget at the beginning of the process will help
us better serve our constituents, by increasing the involvement of all
legislators and by increasing the visibility and public understanding
of our intentions. The legislation provides that until the concurrent
resolution on the budget for a fiscal year has been adopted by the
legislature, it shall not be in order for either house to consider any
bill that makes an appropriation for that fiscal year or changes
revenues for that fiscal year.

The legislation also establishes a constitutional deadline for
enacting a budget, and a consequence of failing to meet that deadline.
This long-discussed reform is established in a way that is both
effective and flexible, using a two-step process and the concept of a
"current services budget", which projects the cost of continuing
levels of activity and programs for the current fiscal year as well as
provisions of law scheduled to take effect through the conclusion of
the ensuing fiscal year. If the legislature does not pass a budget by
the beginning of the fiscal year, then the current services budget is
deemed enacted.

During the first sixty days of the fiscal year, however, the
legislature can continue to work on a new budget. If they succeed in
enacting a budget, that budget is in full force and effect as of the
sixty-first day of the fiscal year. If they fail, the current services
budget, already in place, becomes the budget for the new year. In any
case, continuity of state funding is assured, providing for the
efficient operation of state government.


Finally, the legislation clarifies, in the constitution, the manner in
which the governor should propose any changes in the statutes of the
state deemed necessary in order to implement the proposed budget.
Such changes belong not in any appropriation bill but rather in a bill
or bills containing proposed legislation. With this clear, the
legislature's constitutional right to strike out or reduce items in
appropriation bills will no longer be threatened by the presence of
statutory language therein.

The negative effects of New York State's chronically late budgets are
well documented. What has been lacking is the political will to
conduct our business on time. New York State sorely needs this measure
to restore effectiveness and responsibility to the budget process.

 LEGISLATIVE HISTORY :

2008-07  S.4503 - Referred to Judiciary
2006-05  S.707 - AG Opinion Referred to Judiciary
2006-05  S.707 - Referred to Attorney General for Opinion
2004-03  S.2112 - Referred to Judiciary
2002     A.6181 - Passed Senate

 FISCAL IMPLICATIONS :

Localities and entities doing business with the state would no longer
be forced to borrow money. The state would save on interest payments
and other costs associated with borrowing at a higher rate.

 EFFECTIVE DATE :
Resolved (if the Assembly concur), that the foregoing amendment be
referred to the first regular legislative session convening after the
next succeeding general election.

2009-S3471 (ACTIVE) - Bill Text download pdf

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

                                  3471

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced  by  Sens. MORAHAN, ALESI, HANNON, O. JOHNSON, LARKIN, SEWARD
  -- 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 13, 14 and 16 of article 3,  section  7
  of  article  4, sections 1, 2, 3, 4, 6 and 7 of article 7 and adding a
  new section 3-a to article 7  of  the  constitution,  in  relation  to
  implementing  a  current  services budget in the event a budget is not
  passed in a timely manner

  Section 1. Resolved (if the Assembly concur), That sections 13, 14 and
16 of article 3 of the constitution be amended to read as follows:
  S 13. The enacting clause of all bills shall be  "The  People  of  the
State  of  New  York,  represented  in  Senate and Assembly, do enact as
follows," and no law shall be enacted except by bill, EXCEPT AS PROVIDED
IN ARTICLE VII.
  S 14. No bill shall be passed or become a law  unless  it  shall  have
been  printed  and  upon the desks of the members, in its final form, at
least three calendar legislative days prior to its final passage, unless
the governor, or the acting governor, shall have certified, under his or
her hand and the seal of the state, the facts which in his or her  opin-
ion  necessitate an immediate vote thereon, in which case it must never-
theless be upon the desks of the members in final form, not  necessarily
printed,  before  its  final  passage;  nor  shall any bill be passed or
become a law, except by the assent of a majority of the members  elected
to  each  branch  of the legislature, EXCEPT AS PROVIDED IN ARTICLE VII;
and upon the last reading of a  bill,  no  amendment  thereof  shall  be
allowed,  and  the  question upon its final passage shall be taken imme-
diately thereafter, and the ayes and nays entered on the journal.
  S 16. No act shall be passed which shall  provide  that  any  existing
law, or any part thereof, shall be made or deemed a part of said act, or
which  shall  enact  that  any  existing  law, or part thereof, shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89132-01-9

S. 3471                             2

applicable, except by inserting it in such act, EXCEPT  AS  PROVIDED  IN
ARTICLE VII.
  S 2. Resolved (if the Assembly concur), That section 7 of article 4 of
the constitution be amended to read as follows:
  S  7.  1.  Every  bill which shall have passed the senate and assembly
shall, before it becomes a law, be presented to  the  governor;  if  the
governor  approve,  he or she shall sign it; but if not, he or she shall
return it with his or her objections to the house in which it shall have
originated, which shall enter the objections at large  on  the  journal,
and  proceed to reconsider it. If after such reconsideration, two-thirds
of the members elected to that house shall agree to pass  the  bill,  it
shall be sent together with the objections, to the other house, by which
it  shall likewise be reconsidered; and if approved by two-thirds of the
members elected to that house, it shall become a law notwithstanding the
objections of the governor. In all such cases the votes in  both  houses
shall  be  determined  by  yeas  and  nays, and the names of the members
voting shall be entered on the journal of each  house  respectively.  If
any  bill shall not be returned by the governor within ten days (Sundays
excepted) after it shall have been presented to him  or  her,  the  same
shall  be a law in like manner as if he or she had signed it, unless the
legislature shall, by their adjournment, prevent its  return,  in  which
case  it shall not become a law without the approval of the governor. No
bill shall become a law after the final adjournment of the  legislature,
unless  approved  by the governor within thirty days after such adjourn-
ment. If any bill presented to the governor  contain  several  items  of
appropriation  of  money, the governor may object to one or more of such
items while approving of the other portion of the bill. In such case the
governor shall append to the bill, at the time of signing it,  a  state-
ment  of  the items to which he or she objects; and the appropriation so
objected to shall not take effect. If the legislature be in session,  he
or  she  shall transmit to the house in which the bill originated a copy
of such statement, and the items objected to shall be separately  recon-
sidered.  If on reconsideration one or more of such items be approved by
two-thirds of the members elected to each house, the same shall be  part
of  the  law,  notwithstanding  the  objections of the governor. All the
provisions of this section, in relation to bills  not  approved  by  the
governor,  shall  apply  in  cases  in  which  he  or she shall withhold
approval from any item or items contained in a bill appropriating money.
  2.  IN THE EVENT THAT A BUDGET FOR A FISCAL YEAR IS NOT  DULY  ENACTED
BY THE FIRST DAY OF SUCH FISCAL YEAR, THEN THE PROVISIONS OF SUBDIVISION
1  OF  THIS  SECTION SHALL BE INAPPLICABLE TO THE IMPLEMENTATION, EFFEC-
TIVENESS, AND ENACTMENT OF THE CURRENT SERVICES BUDGET PURSUANT TO ARTI-
CLE VII.
  S 3. Resolved (if the Assembly concur), That sections 1, 2,  3,  4,  6
and  7 of article 7 of the constitution be amended and a new section 3-a
be added to read as follows:
  Section 1. For the preparation of the budget, THE APPROPRIATION BILLS,
AND ANY OTHER BILLS THAT THE  GOVERNOR  IS  REQUIRED  OR  AUTHORIZED  TO
SUBMIT  TO  THE  LEGISLATURE  IN  ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE, the head of each department of state government AND EVERY OTHER
SEPARATELY BUDGETED STATE ENTITY, 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.
IN ADDITION TO ANY OTHER INFORMATION THAT THE GOVERNOR MAY REQUIRE, SUCH
ESTIMATES  SHALL  INCLUDE  PROJECTIONS  OF  THE EXPENDITURES REQUIRED TO

S. 3471                             3

CONTINUE TO PROVIDE THE SAME LEVEL OF ALL SERVICES AND  FUNCTIONS  BEING
PROVIDED OR PERFORMED IN THE CURRENT FISCAL YEAR THROUGHOUT THE UPCOMING
FISCAL  YEAR.  IN  FORMULATING  SUCH PROJECTIONS, CONSIDERATION SHALL BE
GIVEN  TO  RELEVANT FACTORS SUCH AS: INFLATION RATES; COST INCREASES DUE
TO COMPLIANCE WITH COLLECTIVE BARGAINING AGREEMENTS  AND  COURT  ORDERS;
REQUIRED OR ANTICIPATED REGULAR COST OF LIVING ADJUSTMENTS; THE ANNUALI-
ZATION  OF  SERVICES  AND  SERVICE LEVELS IMPLEMENTED DURING THE CURRENT
FISCAL YEAR; CHANGES IN DEMOGRAPHIC PATTERNS AND PROGRAM WORKLOADS;  THE
COMPLETION  OF PROJECTS; AND ANY OTHER FACTORS THAT SUCH DEPARTMENTS AND
ENTITIES MAY BE REQUIRED TO CONSIDER PURSUANT TO STATUTE OR  THE  DIREC-
TION  OF THE GOVERNOR. The governor shall hold hearings thereon at which
the governor may require the attendance  of  heads  of  departments  and
their subordinates.  Designated representatives of such committees shall
be  entitled to attend the hearings thereon and to make inquiry concern-
ing 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 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.
  S  2.  Annually,  AT  LEAST  EIGHTY DAYS PRIOR TO THE FIRST DAY OF THE
UPCOMING FISCAL YEAR, OR on or before the first day of February in  each
year  following  the  year fixed by the constitution for the election of
governor and lieutenant governor WHERE SUCH FIRST DAY OF FEBRUARY  FALLS
LESS  THAN  EIGHTY  DAYS  PRIOR  TO THE UPCOMING FISCAL YEAR, [and on or
before the second Tuesday following the first day of the annual  meeting
of  the  legislature,  in all other years,] the governor shall submit to
the legislature a budget containing:
  1. a complete plan of expenditures AS proposed BY THE LEGISLATURE  AND
THE JUDICIARY to be made FOR THEIR OPERATIONS, AND BY THE GOVERNOR TO BE
MADE FOR ALL OTHER PURPOSES, before the close of the ensuing fiscal year
[and];
  2.  A  STATEMENT  OF all moneys and revenues estimated to be available
therefor, together with an explanation of the basis  of  such  estimates
[and];
  3.  recommendations  as  to  proposed  legislation,  if any, which the
governor may deem necessary to provide moneys and revenues sufficient to
meet such proposed expenditures[. It shall also contain];
  4.  RECOMMENDATIONS AS TO ANY OTHER  PROPOSED  LEGISLATION  WHICH  THE
GOVERNOR MAY DEEM NECESSARY TO IMPLEMENT THE EXPENDITURES PROPOSED TO BE
MADE BEFORE THE CLOSE OF THE ENSUING FISCAL YEAR;
  5. such other recommendations and information as the governor may deem
proper;
  6.  A CURRENT SERVICES BUDGET, IN A FORMAT THAT FACILITATES COMPARISON
WITH THE BUDGET PROPOSED BY THE GOVERNOR, SETTING FORTH THE  PROJECTIONS
OF  THE  GOVERNOR  REGARDING  THE  EXPENDITURES  REQUIRED TO CONTINUE TO
PROVIDE THE SAME LEVEL OF ALL SERVICES AND FUNCTIONS BEING  PROVIDED  OR
PERFORMED  IN  THE  CURRENT  FISCAL  YEAR THROUGHOUT THE UPCOMING FISCAL
YEAR; PROVIDED FURTHER THAT IN FORMULATING SUCH  PROJECTIONS,  CONSIDER-
ATION  SHALL  BE  GIVEN  TO  ALL THE FACTORS LISTED IN SECTION 1 OF THIS
ARTICLE, AS WELL AS TO ANY OTHER FACTORS AS MAY BE REQUIRED BY STATUTE;

S. 3471                             4

  7. A DESCRIPTIVE LISTING OF ALL LEGISLATION THAT THE GOVERNOR MAY DEEM
NECESSARY TO IMPLEMENT THE CURRENT  SERVICES  BUDGET  FOR  THE  UPCOMING
FISCAL YEAR; and
  8. such additional information as may be required by law.
  S  3.  At  the  time  of  submitting the budget to the legislature the
governor shall submit:
  1. a bill or bills containing  all  the  proposed  appropriations  and
reappropriations  [included] NECESSARY TO MAKE THE EXPENDITURES PROPOSED
in the budget [and the] BY THE LEGISLATURE AND THE JUDICIARY  FOR  THEIR
OPERATIONS AND BY THE GOVERNOR FOR ALL OTHER PURPOSES;
  2.  A BILL OR BILLS CONSTITUTING ALL THE PROPOSED LEGISLATION THAT THE
GOVERNOR MAY DEEM NECESSARY TO PROVIDE MONEYS AND REVENUES SUFFICIENT TO
MAKE SUCH PROPOSED EXPENDITURES;
  3. A BILL OR BILLS CONSTITUTING ALL THE PROPOSED LEGISLATION WHICH THE
GOVERNOR MAY DEEM NECESSARY TO IMPLEMENT SUCH PROPOSED EXPENDITURES;
  4. SUCH OTHER proposed legislation, if any, recommended  [therein]  IN
THE BUDGET;
  5. A BILL OR BILLS, CONFORMING TO SUCH REQUIREMENTS AS MAY BE REQUIRED
BY  STATUTE,  CONTAINING ALL THE PROPOSED APPROPRIATIONS AND REAPPROPRI-
ATIONS NECESSARY TO MAKE THE EXPENDITURES PROJECTED BY THE  GOVERNOR  IN
THE  CURRENT  SERVICES  BUDGET TO BE REQUIRED TO CONTINUE TO PROVIDE THE
SAME LEVEL OF ALL SERVICES AND FUNCTIONS BEING PROVIDED OR PERFORMED  IN
THE CURRENT FISCAL YEAR THROUGHOUT THE UPCOMING FISCAL YEAR;
  6.  A BILL OR BILLS CONSTITUTING ALL THE PROPOSED LEGISLATION THAT THE
GOVERNOR MAY DEEM NECESSARY TO IMPLEMENT THE CURRENT SERVICES BUDGET FOR
THE UPCOMING FISCAL YEAR.
  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.
  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  3-A.    1.  ANNUALLY,  BEFORE THE FIRST DAY OF ANY FISCAL YEAR, THE
LEGISLATURE SHALL PASS A BUDGET FOR THE UPCOMING FISCAL YEAR.
  2.  ANNUALLY, AFTER THE APPROPRIATE COMMITTEES OF THE LEGISLATURE HAVE
REVIEWED AND HELD HEARINGS ON  THE  BUDGET  SUBMITTED  BY  THE  GOVERNOR
PURSUANT  TO  SECTION  2  OF THIS ARTICLE, THE SENATE AND ASSEMBLY SHALL
EACH, BY THE ASSENT OF A MAJORITY OF THE MEMBERS ELECTED THERETO,  ADOPT
A  RESOLUTION  ON  THE  BUDGET.  EACH  SUCH RESOLUTION SHALL CONTAIN THE
HOUSE'S DETERMINATION AS TO  THE  APPROPRIATE  LEVELS  OF  REVENUES  AND
EXPENDITURES,  FOR  THE  ENSUING  FISCAL  YEAR,  BOTH  IN TOTAL AND WITH
RESPECT TO EACH OF THE  MAJOR  FUNCTIONAL  CATEGORIES  OF  REVENUES  AND
EXPENDITURES,  WITH THOSE CATEGORIES TO BE ESTABLISHED BY LAW. EACH SUCH
RESOLUTION SHALL ALSO SET FORTH THE  HOUSE'S  DETERMINATION  AS  TO  THE
AMOUNT, IF ANY, BY WHICH THE AGGREGATE LEVEL OF STATE REVENUES SHOULD BE
INCREASED  OR  DECREASED  BY  BILLS  TO  BE  REPORTED BY THE APPROPRIATE
COMMITTEES OF THE LEGISLATURE. THE ASSEMBLY AND THE SENATE  SHALL  ADOPT
SUCH  A  RESOLUTION  AT  LEAST  FIFTEEN DAYS BEFORE THE BEGINNING OF THE
FISCAL YEAR TO WHICH IT RELATES. WITHIN TWO DAYS OF THE ADOPTION OF SUCH
A RESOLUTION BY BOTH THE ASSEMBLY AND  SENATE,  A  CONFERENCE  COMMITTEE
SHALL  BE  HELD TO RECONCILE ANY DIFFERENCES THAT MAY EXIST BETWEEN SUCH
RESOLUTIONS AND REPORT A CONCURRENT BUDGET RESOLUTION TO BOTH HOUSES FOR

S. 3471                             5

THEIR CONSIDERATION. THE CONCURRENT RESOLUTION SHALL BE ADOPTED AT LEAST
TEN DAYS BEFORE THE BEGINNING OF THE FISCAL YEAR TO  WHICH  IT  RELATES.
SUCH  CONCURRENT  BUDGET  RESOLUTION,  WHEN  ADOPTED,  SHALL SERVE AS AN
INTERNAL  MECHANISM FOR GUIDING THE ACTIONS OF BOTH HOUSES OF THE LEGIS-
LATURE AND THEIR COMMITTEES ON THE BILLS SUBMITTED BY  THE  GOVERNOR  IN
ACCORDANCE  WITH  SECTION  3 OF THIS ARTICLE AND ON ALL OTHER BILLS WITH
FISCAL IMPLICATIONS THAT IT MAY CONSIDER PRIOR TO ITS ADJOURNMENT. UNTIL
SUCH A CONCURRENT BUDGET RESOLUTION IS ADOPTED BY  BOTH  HOUSES  OF  THE
LEGISLATURE,  IT  SHALL  NOT  BE IN ORDER IN THE SENATE OR THE ASSEMBLY,
WITH RESPECT TO THE FISCAL YEAR COVERED BY THAT RESOLUTION, TO  CONSIDER
ANY  OTHER  BUDGET-RELATED MATTER. AT ANY TIME AFTER A CONCURRENT BUDGET
RESOLUTION FOR A FISCAL YEAR HAS BEEN AGREED  TO  BY  BOTH  HOUSES,  AND
BEFORE  THE  END OF SUCH FISCAL YEAR, THE TWO HOUSES MAY ADOPT A CONCUR-
RENT RESOLUTION ON THE BUDGET WHICH REVISES OR REAFFIRMS THE  CONCURRENT
BUDGET RESOLUTION FOR SUCH FISCAL YEAR MOST RECENTLY ADOPTED.
  S  4. 1. The legislature may not alter an appropriation bill submitted
by the governor PURSUANT TO SUBDIVISION 1 OF SECTION 3 OF  THIS  ARTICLE
except  to  strike  out  or reduce items therein, but it may add thereto
items of appropriation provided that such additions are stated separate-
ly 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.
  2. 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.
  3. THE LEGISLATURE MAY NOT ALTER A  BILL  SUBMITTED  BY  THE  GOVERNOR
PURSUANT TO SUBDIVISIONS 5 AND 6 OF SECTION 3 OF THIS ARTICLE IN ANY WAY
UNLESS SUCH AMENDMENTS ARE RECOMMENDED BY THE STATE COMPTROLLER AS BEING
NECESSARY TO ENSURE THAT THOSE BILLS, IF ENACTED PURSUANT TO SUBDIVISION
4  OF  THIS  SECTION, WOULD PROVIDE IN THE UPCOMING FISCAL YEAR THE SAME
LEVEL OF ALL SERVICES AND FUNCTIONS AS IN THE CURRENT FISCAL YEAR  AFTER
TAKING  INTO  CONSIDERATION  THE SAME FACTORS THAT BUDGETED AGENCIES ARE
REQUIRED BY SECTION 1 OF THIS ARTICLE TO TAKE  INTO  CONSIDERATION  WHEN
PREPARING  THEIR  ESTIMATES  FOR  THIS PURPOSE, INCLUDING ANY ADDITIONAL
FACTORS THAT THE LEGISLATURE MAY BY STATUTE  REQUIRE  SUCH  AGENCIES  TO
CONSIDER  IN  PREPARING  THEIR  CURRENT  SERVICES  BUDGET ESTIMATES, AND
UNLESS SUCH AMENDMENTS ARE MADE AND MADE  AVAILABLE  TO  THE  PUBLIC  AT
LEAST SEVEN DAYS BEFORE THE FIRST DAY OF THE FISCAL YEAR.
  4. IF BY THE FIRST DAY OF THE FISCAL YEAR, BOTH HOUSES OF THE LEGISLA-
TURE  HAVE  NOT  ACTED  ON THE APPROPRIATIONS AND REAPPROPRIATIONS BILLS
SUBMITTED BY THE GOVERNOR PURSUANT TO SUBDIVISION 1 OF SECTION 3 OF THIS
ARTICLE IN A MANNER THAT, AS DETERMINED BY  THE  STATE  COMPTROLLER,  IS
SUFFICIENT FOR THE ONGOING OPERATION AND SUPPORT OF STATE GOVERNMENT AND
LOCAL ASSISTANCE FOR THE UPCOMING FISCAL YEAR, THEN THE CURRENT SERVICES
BUDGET  BILLS SUBMITTED BY THE GOVERNOR PURSUANT TO SUBDIVISIONS 5 AND 6
OF SECTION 3 OF THIS ARTICLE AND AS AMENDED IN ACCORDANCE WITH  SUBDIVI-
SION  3  OF  THIS  SECTION  SHALL  BE DEEMED ENACTED AND SHALL REMAIN IN
EFFECT FOR THE ENTIRE FISCAL YEAR  UNLESS,  WITHIN  SIXTY  DAYS  OF  THE
BEGINNING OF SUCH FISCAL YEAR, BOTH HOUSES OF THE LEGISLATURE HAVE ACTED
ON THE APPROPRIATIONS BILLS SUBMITTED BY THE GOVERNOR PURSUANT TO SUBDI-
VISION 1 OF SECTION 3 OF THIS ARTICLE IN A MANNER THAT, AS DETERMINED BY
THE  STATE  COMPTROLLER,  IS  SUFFICIENT  FOR  THE ONGOING OPERATION AND
SUPPORT OF STATE GOVERNMENT AND LOCAL ASSISTANCE FOR THE UPCOMING FISCAL
YEAR. IN SUCH LATTER  EVENT,  THE  APPROPRIATIONS  AND  REAPPROPRIATIONS

S. 3471                             6

BILLS  SUBMITTED  BY THE GOVERNOR PURSUANT TO SUBDIVISION 1 OF SECTION 3
OF THIS ARTICLE, AS ACTED ON BY THE  LEGISLATURE  SHALL  SUPERSEDE  SUCH
CURRENT  SERVICES BUDGET, WHICH SHALL BE DEEMED REPEALED ON SUCH DATE AS
MAY BE DETERMINED BY THE LEGISLATURE, EXCEPT THAT APPROPRIATIONS FOR THE
LEGISLATURE  AND  JUDICIARY  AND  SEPARATE ITEMS ADDED TO THE GOVERNOR'S
BILLS BY THE LEGISLATURE SHALL BE SUBJECT TO THE GOVERNOR'S APPROVAL  AS
PROVIDED IN SECTION 7 OF ARTICLE IV.
  S 6. Except for appropriations contained in the bills submitted by the
governor  and  in  a  supplemental appropriation bill for the support of
government, no appropriations shall be made  except  by  separate  bills
each  for  a  single  object or purpose. All such bills and such supple-
mental appropriation bill shall be subject to the governor's approval as
provided in section 7 of article IV.
  No provision shall be embraced in any appropriation bill submitted  by
the  governor  or  in  such  supplemental  appropriation  bill unless it
relates specifically to some particular appropriation in the  bill,  and
any  such  provision shall be limited in its operation to such appropri-
ation. NO PROPOSED CHANGES  IN  THE  STATUTES  OF  THE  STATE  SHALL  BE
INCLUDED EITHER DIRECTLY OR INDIRECTLY IN ANY APPROPRIATION BILL SUBMIT-
TED  BY  THE GOVERNOR OR IN SUCH SUPPLEMENTAL APPROPRIATION BILL. IN THE
EVENT THAT A CHANGE IN THE STATUTES OF THE STATE IS DEEMED NECESSARY  BY
THE  GOVERNOR  TO  IMPLEMENT  THE PROPOSED BUDGET, SUCH CHANGES SHALL BE
INCLUDED IN A BILL SUBMITTED BY THE GOVERNOR PURSUANT TO SUBDIVISION  2,
3 OR 4 OF SECTION 3 OF THIS ARTICLE.
  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
years  next  after the passage of such appropriation act; and every such
law making a new appropriation or continuing or  reviving  an  appropri-
ation,  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.  IF A BILL OR  BILLS
CONTAINING  ALL  THE PROPOSED APPROPRIATIONS AND REAPPROPRIATIONS NECES-
SARY TO MAKE THE EXPENDITURES PROJECTED BY THE GOVERNOR IN  THE  CURRENT
SERVICES  BUDGET, SUBMITTED BY THE GOVERNOR PURSUANT TO SUBDIVISION 5 OF
SECTION 3 OF THIS ARTICLE, IS DEEMED ENACTED PURSUANT TO  SUBDIVISION  4
OF  SECTION  4 OF THIS ARTICLE, SUCH ENACTMENT SHALL BE AN APPROPRIATION
BY LAW FOR PURPOSES OF THIS SECTION FOR THE PERIOD OF ITS  EFFECTIVENESS
PURSUANT TO SECTION 4 OF THIS ARTICLE.
  S  4.  Resolved (if the Assembly 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.

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Senate Bill S3471

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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Sponsored By

Thomas P. Morahan

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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co-Sponsors

James S. Alesi

Kemp Hannon

Owen H. Johnson

William Larkin

2009-S3471 (ACTIVE) - Details

2009-S3471 (ACTIVE) - Summary

2009-S3471 (ACTIVE) - Sponsor Memo

2009-S3471 (ACTIVE) - Bill Text download pdf

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