S T A T E   O F   N E W   Y O R K
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                                  9075

                          I N  A S S E M B L Y

                            January 20, 2012
                               ___________

Introduced  by  M.  of  A.  OAKS,  BLANKENBUSH, BUTLER, CALHOUN, CORWIN,
  GIGLIO, GRAF, FINCH, HAWLEY, MONTESANO, RABBITT, RAIA, TEDISCO, TOBAC-
  CO, WALTER --  Multi-Sponsored  by  --  M.  of  A.  AMEDORE,  BARCLAY,
  BURLING,  CERETTO, CONTE, CROUCH, CURRAN, DUPREY, FITZPATRICK, FRIEND,
  JOHNS, JORDAN, KOLB, McDONOUGH, McKEVITT, J. MILLER, PALMESANO,  SALA-
  DINO,  SAYWARD,  TENNEY  -- read once and referred to the Committee on
  Ways and Means

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 4 of article 7 of the constitution, in
  relation to reforming the state budget process

  Section 1. Resolved (if the Senate concur), That section 4 of  article
7 of the constitution be amended to read as follows:
  S  4. The legislature may not alter an appropriation bill submitted by
the governor except to strike out or reduce items therein,  but  it  may
add  thereto  items  of  appropriation  provided that such additions are
stated separately 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.
  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.
  UPON  THE  FAILURE  OF  BOTH  HOUSES TO FINALLY ACT WITHIN SEVENTY-TWO
HOURS FROM THE BEGINNING OF THE FISCAL YEAR ON ALL  APPROPRIATION  BILLS
SUBMITTED  BY  THE  GOVERNOR  IN  ACCORDANCE  WITH SECTION THREE OF THIS
ARTICLE, A DEFAULT BUDGET SHALL BE LAW FOR SUCH FISCAL YEAR AS  PROVIDED
IN   THIS  SECTION.  THE  DEFAULT  BUDGET  SHALL  BE  COMPRISED  OF  ALL
APPROPRIATION BILLS ACTED UPON BY BOTH HOUSES AND WHICH BECAME  LAW  FOR
THE  IMMEDIATELY  PRECEDING  FISCAL  YEAR  OR THE DEFAULT BUDGET FOR THE
IMMEDIATELY PRECEDING FISCAL YEAR IF A DEFAULT  BUDGET  BECAME  LAW  FOR
SUCH FISCAL YEAR AND ALL LAWS GOVERNING THE APPORTIONMENT AND ALLOCATION
APPROPRIATIONS   AND  THE  TRANSFER  AND  THE  LOAN  OF  FUNDS  FOR  THE
IMMEDIATELY PRECEDING FISCAL YEAR SHALL  CONTINUE  TO  BE  LAW  FOR  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD89074-01-1

A. 9075                             2

FISCAL  YEAR  FOR  WHICH THE DEFAULT BUDGET IS A LAW, PROVIDED, HOWEVER,
THAT  IN  NO  EVENT  SHALL   AGGREGATE   DISBURSEMENTS   AUTHORIZED   BY
APPROPRIATIONS  CONTAINED  IN  THE  DEFAULT  BUDGET FOR SUCH FISCAL YEAR
EXCEED  AGGREGATE DISBURSEMENTS MADE IN THE IMMEDIATELY PRECEDING FISCAL
YEAR.
  IN THE EVENT THAT A DEFAULT BUDGET BECOMES LAW FOR A FISCAL YEAR AND A
DETERMINATION IS MADE BY THE GOVERNOR THAT,  FOR  THE  FISCAL  YEAR  FOR
WHICH THE DEFAULT BUDGET IS A LAW, MONEYS AND RECEIPTS AVAILABLE FOR THE
FISCAL  YEAR  ARE  LESS  THAN  MONEYS  AND  RECEIPTS  AVAILABLE  FOR THE
IMMEDIATELY PRECEDING FISCAL YEAR, THE GOVERNOR SHALL HAVE THE FOLLOWING
POWERS:
  (A) THE GOVERNOR MAY TRANSFER, IN EXCESS OF ANY  LIMITATION  OTHERWISE
PROVIDED  BY LAW, ANY APPROPRIATION OR PORTION THEREOF FOR ANY OBJECT OR
PURPOSE  TO  ANOTHER  OBJECT  OR  PURPOSE  ONLY  TO   MEET   CONTRACTUAL
REQUIREMENTS  FOR  WHICH  APPROPRIATIONS CONTAINED IN THE DEFAULT BUDGET
ARE NOT SUFFICIENT TO MEET SUCH REQUIREMENTS;
  (B) THE GOVERNOR MAY REDUCE BY A UNIFORM PERCENTAGE ALL APPROPRIATIONS
FROM THE  GENERAL  FUND  OR  PORTIONS  THEREOF  NOT  NECESSARY  TO  MEET
CONTRACTUAL  REQUIREMENTS  OR OTHER REQUIREMENTS ESTABLISHED BY STATE OR
FEDERAL LAW;
  (C) THE GOVERNOR MAY MODIFY THE OPERATION OF  ANY  LAW  GOVERNING  THE
APPORTIONMENT  AND  THE  ALLOCATION OF APPROPRIATIONS OR PART THEREOF IF
THE OPERATION OF SUCH LAW OR PART  THEREOF  REQUIRES  DISBURSEMENTS  FOR
SUCH  OBJECT  OR  PURPOSE  REQUIRED  BY  THE  OPERATION  OF  LAW FOR THE
IMMEDIATELY PRECEDING FISCAL YEAR. THE OPERATION OF ANY SUCH LAW OR PART
THEREOF SHALL ONLY BE MODIFIED SUCH THAT SUCH MODIFICATION SHALL  RESULT
IN  REQUIRED  DISBURSEMENTS  FOR  AN OBJECT OR PURPOSE DURING THE FISCAL
YEAR WHICH IS LESS THAN THE DISBURSEMENTS FOR  SUCH  OBJECT  OR  PURPOSE
THAT  WOULD  OTHERWISE  BE REQUIRED BY THE OPERATION OF LAW WITHOUT SUCH
MODIFICATION, PROVIDED, HOWEVER, THAT SUCH MODIFICATION SHALL NOT RESULT
IN DISBURSEMENTS FOR AN OBJECT  OR  PURPOSE  WHICH  ARE  LESS  THAN  THE
DISBURSEMENTS  FOR  SUCH  OBJECT  OR  PURPOSE  REQUIRED  BY  LAW FOR THE
IMMEDIATELY PRECEDING FISCAL YEAR. ANY SUCH LAW WHICH PROVIDES  FOR  THE
ALLOCATION  OR  APPORTIONMENT OF APPROPRIATIONS FOR AN OBJECT OR PURPOSE
BETWEEN OR AMONG ENTITIES MAY BE MODIFIED BY THE GOVERNOR ONLY SUCH THAT
THE REQUIRED REDUCTION IN DISBURSEMENTS RESULTING FROM SUCH MODIFICATION
RESULTS IN A UNIFORM PERCENTAGE REDUCTION TO ALL AFFECTED ENTITIES.
  ANY DETERMINATION MADE BY THE GOVERNOR PURSUANT TO THIS SECTION  THAT,
FOR A FISCAL YEAR FOR WHICH A DEFAULT BUDGET IS LAW, MONEYS AND RECEIPTS
AVAILABLE  FOR  THE  FISCAL  YEAR  ARE  LESS  THAN  MONEYS  AND RECEIPTS
AVAILABLE FOR THE IMMEDIATELY PRECEDING FISCAL YEAR SHALL ONLY  BE  MADE
WITHIN FIFTEEN DAYS AFTER THE DATE ON WHICH A DEFAULT BUDGET BECOMES LAW
AND  THE  ESTIMATE  OF  MONEYS  AND  RECEIPTS AVAILABLE USED IN ANY SUCH
DETERMINATION SHALL BE BASED ON A CONSENSUS FORECAST OR  OTHER  FORECAST
OF  SUCH  ESTIMATES  TO  THE  EXTENT  PROVIDED  ACCORDING  TO PROCEDURES
ESTABLISHED BY LAW. ON MAKING SUCH A DETERMINATION  THE  GOVERNOR  SHALL
NOTIFY  BOTH  HOUSES  OF THE LEGISLATURE OF HIS OR HER DETERMINATION AND
ALL MODIFICATIONS AUTHORIZED BY  THIS  SECTION  THAT  WILL  BE  MADE  TO
APPROPRIATIONS OR TO THE OPERATION OF LAWS FOR THE FISCAL YEAR.
  S  2. Resolved (if the Senate 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.