S T A T E O F N E W Y O R K
________________________________________________________________________
1992
2011-2012 Regular Sessions
I N A S S E M B L Y
January 12, 2011
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Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. BUTLER,
KOLB, SAYWARD, THIELE -- 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 an alternative procedure for the adoption of a state budget
Section 1. RESOLVED (if the Senate concur), That article 7 of the
constitution be amended by adding a new section 7-a to read as follows:
S 7-A. 1. IN ANY CASE WHERE THE LEGISLATURE AND THE GOVERNOR HAVE NOT
COMPLETED THE ACTION REQUIRED OR AUTHORIZED PURSUANT TO THE PROVISION OF
THIS ARTICLE WITH RESPECT TO THE ADOPTION OF A STATE BUDGET PRIOR TO
APRIL FIRST IN ANY YEAR, THE PROVISIONS OF THIS SECTION SHALL GOVERN.
2. THE SENATE AND ASSEMBLY SHALL BY RESOLUTION, EACH ADOPT AND PROMUL-
GATE A DETAILED BUDGET PLAN, WHICH SHALL DETERMINE APPROPRIATIONS AND
THE MANNER IN WHICH REVENUES SHALL BE COLLECTED, NO LATER THAN MARCH
FIRST OF EACH YEAR. IF EITHER HOUSE OF THE LEGISLATURE FAILS TO ADOPT A
PLAN ON OR BEFORE MARCH FIRST, THE MEMBERS OF EACH HOUSE SHALL FORFEIT
ONE DAY'S PAY FOR EVERY DAY THEREAFTER UNTIL A STATE BUDGET IS ADOPTED
AND SHALL ALSO FORFEIT THEIR OPPORTUNITY TO HAVE A BUDGET PLAN PLACED ON
THE BALLOT SHOULD A BUDGET NOT BE ADOPTED BY THE START OF THE FISCAL
YEAR.
3. AT THE TIME A HOUSE OF THE LEGISLATURE ADOPTS A BUDGET PLAN, THAT
HOUSE MUST ALSO ADOPT LANGUAGE, KNOWN AS BALLOT QUESTION LANGUAGE, WHICH
SHALL APPEAR ON THE REFERENDUM TO EXPLAIN THAT PLAN. THIS EXPLANATION
MUST BE IN PLAIN AND SIMPLE ENGLISH, USING TERMS OF ORDINARY AND COMMON
MEANING WHICH ACCURATELY REFLECTS THE GENERAL INTENT AND CONTENT OF THE
PLAN, AS IT PERTAINS TO MAJOR CATEGORIES OF EXPENDITURE AND SOURCES OF
REVENUES. THIS LANGUAGE SHALL BE PROVIDED TO THE OFFICE OF THE SECRETARY
OF STATE WITHIN TWENTY-FOUR HOURS OF APPROVAL. THE GOVERNOR, UPON
SUBMISSION OF HIS EXECUTIVE BUDGET SHALL ALSO SUBMIT SIMILAR LANGUAGE TO
THE SECRETARY OF STATE NO LATER THAN MARCH FIRST.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89025-01-1
A. 1992 2
4. INFORMATION ON THE PLANS MUST BE PUBLICIZED THROUGH ALL AVAILABLE
MEDIA, AND COPIES OF THE PLAN IN ITS ENTIRETY, BALLOT LANGUAGE, AND A
SUMMARY OF THE PLAN MUST BE MADE AVAILABLE AT ALL STATE AND LOCAL PUBLIC
OFFICES CONVENIENT TO THE PUBLIC, LIBRARIES, AND SCHOOLS. COPIES OF THE
PLANS SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC BY THE SECRETARY OF
STATE.
5. AT ANY TIME AFTER MARCH FIRST AND PRIOR TO MARCH TWENTY-SEVENTH
EITHER HOUSE OF THE LEGISLATURE MAY APPROVE A RESOLUTION AND THE GOVER-
NOR, BY EXECUTIVE ORDER, MAY PREVENT THEIR PLAN FROM CONSIDERATION AS
HEREINAFTER PROVIDED.
6. IF ON OR BEFORE APRIL FIRST A BUDGET HAS NOT BEEN ENACTED INTO LAW
THEN, ON THE FIRST TUESDAY FOLLOWING APRIL SEVENTH, A STATE-WIDE
ELECTION SHALL BE HELD IN WHICH THE PLANS AS HEREINBEFORE ADOPTED, USING
THE BALLOT QUESTION LANGUAGE, SHALL BE SUBMITTED TO THE PEOPLE FOR
APPROVAL. THE PLAN RECEIVING THE MOST VOTES AT SUCH ELECTION SHALL BE
THE BUDGET PLAN FOR THE FOLLOWING FISCAL YEAR. IF BOTH HOUSES OF THE
LEGISLATURE FAIL TO ADOPT PLANS AS DESCRIBED HEREINBEFORE, THEN THE
FINAL VERSIONS OF THE GOVERNOR'S EXECUTIVE BUDGET SHALL BE ADOPTED AND A
VOTE SHALL NOT BE REQUIRED.
7. THE BUDGET PLAN WHICH HAS BEEN APPROVED BY THE PEOPLE MAY ONLY BE
ALTERED OR CHANGED DURING THE FISCAL YEAR WITH THE APPROVAL OF
THREE-FOURTHS OF THE MEMBERS OF EACH HOUSE OF THE LEGISLATURE.
S 2. RESOLVED (if the Senate concur), That the foregoing be referred
to the first regular legislative session convening after the next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.