S T A T E O F N E W Y O R K
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3163
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
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Introduced by M. of A. MORELLE, LUPARDO, PAULIN, CAHILL, COLTON, GABRYS-
ZAK, SCHROEDER, JAFFEE, CASTRO, GALEF -- Multi-Sponsored by -- M. of
A. DESTITO, HOYT, LIFTON, MAYERSOHN -- read once and referred to the
Committee on Ways and Means
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 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.
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 Senate concur), That section 2 of article 7 of
the constitution be amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89013-01-1
A. 3163 2
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
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 Senate 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 Senate 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 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 three months previous to the time of such election.