Senate Bill S4944

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

                                  4944

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 24, 2015
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing amendments to article 7 of the constitution,  in  relation  to
  items of appropriation

  Section  1. Resolved (if the Assembly concur), That section 3 of arti-
cle 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)  a  bill  or  bills containing all the proposed appropriations and
reappropriations included in the budget [and], PROVIDED,  HOWEVER,  THAT
SUCH  APPROPRIATIONS  AND  REAPPROPRIATIONS SHALL BE CONSISTENT WITH AND
CONSTRAINED BY THE PROVISIONS OF EXISTING  STATE  LAW  AT  THE  TIME  OF
SUBMISSION  OR  CONSISTENT  WITH  PROPOSED LEGISLATION INTENDED TO AMEND
SUCH EXISTING LAW; AND
  (B) A SEPARATE NONAPPROPRIATION  BILL  OR  BILLS  CONTAINING  ALL  the
proposed legislation, if any, recommended therein.
  The  governor  may at any time within thirty days thereafter and, with
the consent of the legislature, at any time before the adjournment ther-
eof, amend or supplement the budget and submit amendments 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 2. Resolved (if the Assembly concur), That section 4 of article 7 of
the constitution be amended to read as follows:
  S 4. The legislature may not alter an  ITEM  OF  APPROPRIATION  IN  AN
appropriation  bill  submitted  by  the governor THAT IS CONSISTENT WITH
SUBDIVISION (A) OF SECTION 3 OF THIS ARTICLE except  to  strike  out  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD89098-01-5

S. 4944                             2

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.    SUCH  ADDITIONS  MAY  INCLUDE  AN ITEM OF APPROPRIATION, THE
OBJECT OR PURPOSE FOR WHICH IS CONSISTENT WITH THE LEGISLATIVE AMENDMENT
OR REJECTION OF PROPOSED LEGISLATION SUBMITTED BY THE GOVERNOR  PURSUANT
TO  SUBDIVISION  (B)  OF  SECTION 3 OF THIS ARTICLE. IF AN APPROPRIATION
BILL PASSED BY THE LEGISLATURE CONTAINS ITEMS THAT THE  LEGISLATURE  HAS
ADDED IN ACCORD WITH THIS SECTION, THEN SUCH BILL MUST BE ACCOMPANIED BY
AN  ESTIMATE  OF  THE  FISCAL  IMPACT  OF SUCH LEGISLATION ON THE BUDGET
SUBMITTED BY THE GOVERNOR PURSUANT TO SECTION 2 OF  THIS  ARTICLE  WHICH
SHALL  INCLUDE,  IF  APPROPRIATE,  AN  ESTIMATE  OF MONEYS AND REVENUES,
EITHER IN LAW OR PROPOSED LEGISLATION, SUFFICIENT  TO  MEET  SUCH  ADDI-
TIONS.  IT SHALL ALSO INCLUDE SUCH OTHER RECOMMENDATIONS AND INFORMATION
AS  THE LEGISLATURE MAY DEEM PROPER AND SUCH ADDITIONAL  INFORMATION  AS
MAY BE REQUIRED BY LAW. None of the restrictions of this section, howev-
er, 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  appro-
priations  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.
  S 3. Resolved (if the Assembly concur), That section 6 of article 7 of
the constitution be amended to read as follows:
  S 6. Except for appropriations contained in the bills submitted by the
governor  and  in  a  supplemental appropriation bill for the support of
government, no appropriations shall be made  except  by  separate  bills
each  for  a  single  object or purpose. All such bills and such supple-
mental appropriation bill shall be subject to the governor's approval as
provided in section 7 of article IV.
  [No provision shall be embraced in any] ANY appropriation bill submit-
ted by the governor or [in] such supplemental appropriation bill [unless
it relates] SHALL ONLY CONTAIN ITEMS OF APPROPRIATION  AND  DESCRIPTIONS
THEREOF.  SUCH  ITEM  OF  APPROPRIATION SHALL NOT CONTAIN MULTIPLE ITEMS
UNLESS SEPARATELY SCHEDULED AND SHALL, WHERE PRACTICABLE, INCLUDE  IDEN-
TIFICATION   OF   THE   STATUTORY   BASIS  FOR  SUCH  EXPENDITURE.  SUCH
DESCRIPTION:
  (A) SHALL RELATE specifically to some particular appropriation in  the
bill[,  and any such provision shall be limited in its operation to such
appropriation];
  (B) SHALL NOT ENACT THE CONDITIONS OF A PROGRAM TO BE FUNDED  THEREBY;
AND
  (C)  SHALL  NOT ABROGATE OR MODIFY AN EXISTING PROVISION OF LAW EXCEPT
IF SUCH BILL IS IN ACCORD WITH SUBDIVISION (A)  OF  SECTION  3  OF  THIS
ARTICLE.
  S  4.  Resolved (if the Assembly 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.