S T A T E O F N E W Y O R K
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4567
2011-2012 Regular Sessions
I N A S S E M B L Y
February 4, 2011
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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.
LBD89090-01-1
A. 4567 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.