Senate Bill S3852A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3852
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- 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:
   §  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.
   § 2. Resolved (if the Assembly concur), That section 4 of article 7 of
 the constitution be amended to read as follows:
   §  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.
                                                            LBD89079-01-7

 S. 3852                             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.
   § 3. Resolved (if the Assembly concur), That section 6 of article 7 of
 the constitution be amended to read as follows:
   § 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.
   §  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.