Assembly Bill A7772

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

                                  7772

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2015
                               ___________

Introduced  by M. of A. JOHNS -- read once and referred to the Committee
  on Ways and Means

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing amendments to sections 1, 2 and 7 of article 7 of the  consti-
  tution,  in  relation to providing for the establishment of a biennial
  budgeting system for the state replacing the state annual budget proc-
  ess

  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.  NOTH-
ING HEREIN SHALL PRECLUDE THE ALTERATION, BY LAW,  OF  THE  EXPENDITURES
DURING THE PERIOD OF TIME WHICH THE BUDGET SHALL HAVE BEEN ADOPTED FOR.
  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.
              

                                                           LBD89007-02-5

A. 7772                             2

  S 2. [Annually] BIENNIALLY, 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, and on or before the second Tuesday
following the first day of the annual meeting of the legislature, 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] DURING THE NEXT TWO FISCAL
YEARS and all moneys and revenues estimated to  be  available  therefor,
together  with  an explanation of the basis of such estimates and recom-
mendations 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 such other  recommendations
and  information  as  the  governor  may deem proper and such additional
information as may be required by law.
  S 3.  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]
THREE years next after [the passage  of]  such  appropriation  act;  and
every  such  law making a new appropriation or continuing or reviving an
appropriation, 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 4.  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.