NY State Senate Bill 2017-S5999

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 15, 2018	opinion referred to judiciary
Jan 12, 2018	to attorney-general for opinion
Jan 03, 2018	referred to judiciary
Jun 07, 2017	opinion referred to judiciary
May 17, 2017	to attorney-general for opinion
May 10, 2017	referred to judiciary

2017-S5999 (ACTIVE) - Details

See Assembly Version of this Bill:: A8351
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 7 §§1 - 6, Art 4 §7, Constn

2017-S5999 (ACTIVE) - Summary

Relates to the submission of the budget to the legislature by the governor and requires that copies of the release of agency budget requests furnished to the executive be made available to the legislature and the public; authorizes a contingency budget to take effect in certain circumstances; reduces the amount of time during which the governor may amend the executive budget without consent of the legislature from 30 to 21 days; creates a fiscal stabilization reserve fund.

2017-S5999 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5999               Revised 06/08/17

 TITLE OF BILL :

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments
to articles IV and VII of the constitution, in relation to the
submission of the budget to the legislature by the Governor

 PURPOSE :

This bill provides that, in the event that the Legislature fails to
act on the Governor's budget prior to the beginning of the fiscal
year, a contingency budget will go into effect.

 SUMMARY OF PROVISIONS :

Section 1 requires the release of agency budget requests to the
Legislature and the public at the same time they are delivered to the
Executive.

Section 2 requires earlier submission of the Executive budget (January
15th, or February first for a newly elected Governor).

Section 3 reduces the amount of time during which the Governor may
amend the Executive budget without the consent of the Legislature from
30 to 21 days.

Section 4 requires that no appropriation bill submitted by the
Governor and acted upon by the Legislature would become law until all
of the appropriation bills submitted by the Governor are acted upon by
the Legislature. The debt service appropriation bill, however, would
become law, upon passage by the Legislature. The Governor would
maintain existing approval authority over items added to his original
appropriation bills.

Sections 5, 6, and 7 provides for the establishment of a Contingency
budget that would take effect automatically on the first day of the
fiscal year, in the event that the Legislature has not acted upon all
of the budget bills submitted by the Governor. The time during which
the Contingency budget remains in effect would be known as the
"contingency period".

 JUSTIFICATION :

This legislation amends the Constitution to automatically put a
contingency budget into effect in the event that the Executive and the
Legislature do not reach an agreement by the April 1st deadline.  It
provides an alternative to the current budget process and eliminates
the threat of a government shutdown if there is not a new budget in
place by April 1st, without the need for temporary extenders. The
contingency budget would be a continuation of the prior year's
appropriations along with any statutory authority enacted as part of
the prior year's budget.

Additionally, in an effort to bring more transparency and encourage
public participation in the budget process, the bill requires the
submission of the Executive Budget no later than January 15 of each
year and shortens the period for amendments to the Executive Budget
from 30 to 21 days. At present, the Governor submits the Executive
Budget no later than the second Tuesday following the beginning of
each Legislative session. The only exception is in those years
following a gubernatorial election year, in which the Governor has
until February 1 to submit an Executive Budget. The bill would allow
the February 1 deadline to remain in place only for those years in
which a new Governor is elected. This provision will provide the
public with a greater amount of time, to examine the proposals put
forward by the Governor. Further, this bill requires that budget
requests submitted to the Executive by the individual agencies, be
made available to the public.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
These amendments would take effect after passage by two consecutively
elected Legislatures and the approval of the voters by referendum.

2017-S5999 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5999
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sen.  CROCI  -- 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 articles IV and  VII  of  the  constitution,  in
   relation  to  the  submission  of the budget to the legislature by the
   Governor

   Section 1. Resolved (if the Assembly concur), That section 1 of  arti-
 cle 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, AND, AT SUCH TIMES, SHALL FORTH-
 WITH  PROVIDE  copies of [which shall forthwith be furnished] SUCH ESTI-
 MATES AND INFORMATION to the appropriate committees of  the  legislature
 AND  MAKE  SUCH  ESTIMATES AND INFORMATION AVAILABLE TO THE PUBLIC.  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 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.
   § 2. Resolved (if the Assembly concur), That section 2 of article 7 of
 the constitution be amended to read as follows:
   §  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-

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

                       [ ] is old law to be omitted.
                                                            LBD89110-03-7

 S. 5999                             2

 nor and lieutenant governor] IN WHICH A GOVERNOR  IS  ELECTED,  PROVIDED
 SUCH  GOVERNOR  DID  NOT  HOLD THE OFFICE OF GOVERNOR AT THE TIME OF THE
 ELECTION, and on or before [the second Tuesday following the  first  day
 of  the  annual  meeting  of  the legislature] JANUARY FIFTEENTH, in all
 other years, the governor shall  submit  to  the  legislature  a  budget
 containing  a  complete plan of [expenditures] DISBURSEMENTS proposed to
 be made before the close of the ensuing fiscal year and all moneys  [and
 revenues  estimated]  AVAILABLE  AND ANTICIPATED to be available AND ALL
 RECEIPTS ESTIMATED TO BE AVAILABLE therefor, together with  an  explana-
 tion  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] RECEIPTS sufficient to meet such proposed [expend-
 itures]  DISBURSEMENTS. 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.
   § 3. Resolved (if the Assembly concur), That section 3 of article 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 bill or bills containing all the proposed appro-
 priations and reappropriations included in the budget and  the  proposed
 legislation, if any, recommended therein.
   The governor may at any time within [thirty] TWENTY-ONE days thereaft-
 er  and,  with  the  consent  of the legislature, at any time before the
 adjournment thereof, amend or supplement the budget  and  submit  amend-
 ments 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.
   § 4. 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 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] AN appropriation bill MAKING AN APPROPRIATION  OR  APPROPRI-
 ATIONS  SOLELY  FOR THE PURPOSE OF MEETING THE LEGAL REQUIREMENTS OF THE
 STATE'S DEBT SERVICE  AND  LEASE  PURCHASE  PAYMENTS  OR  OTHER  SPECIAL
 CONTRACTUAL  OBLIGATIONS  shall,  when passed by both houses, be [a] law
 immediately without further action by the governor, except THAT SEPARATE
 ITEMS ADDED TO THE GOVERNOR'S BILLS BY THE LEGISLATURE SHALL BE  SUBJECT
 TO THE GOVERNOR'S APPROVAL AS PROVIDED IN SECTION 7 OF ARTICLE IV.
   NEITHER  HOUSE OF THE LEGISLATURE SHALL ACT ON ANY OTHER APPROPRIATION
 BILL SUBMITTED BY THE GOVERNOR PURSUANT TO SECTIONS  2  AND  3  OF  THIS
 ARTICLE  FOR  THE ENSUING FISCAL YEAR AFTER THE BEGINNING OF SUCH FISCAL
 YEAR. APPROPRIATION BILLS OTHER THAN THOSE MAKING  AN  APPROPRIATION  OR
 APPROPRIATIONS  SOLELY FOR THE PURPOSE OF MEETING THE LEGAL REQUIREMENTS
 OF THE STATE'S DEBT SERVICE AND LEASE PURCHASE PAYMENTS OR OTHER SPECIAL
 CONTRACTUAL OBLIGATIONS SHALL, WHEN PASSED BY BOTH HOUSES, BE LAW  WITH-
 OUT FURTHER ACTION BY THE GOVERNOR ONLY AT SUCH TIME AS ALL OTHER APPRO-
 PRIATION BILLS SUBMITTED BY THE GOVERNOR PURSUANT TO SECTIONS 2 AND 3 OF

 S. 5999                             3
 
 THIS ARTICLE HAVE BEEN VOTED UPON BY BOTH HOUSES BEFORE THE BEGINNING OF
 THE FISCAL YEAR; PROVIDED, HOWEVER, that appropriations for the legisla-
 ture  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.  IN A YEAR THAT A CONTINGENCY BUDGET TAKES
 EFFECT, APPROPRIATION  BILLS  SUBMITTED  BY  THE  GOVERNOR  PURSUANT  TO
 SECTIONS 2 AND 3 OF THIS ARTICLE, AND PASSED BY BOTH HOUSES PRIOR TO THE
 BEGINNING  OF  THE  FISCAL  YEAR  SHALL AUTOMATICALLY BECOME LAW WITHOUT
 FURTHER ACTION BY THE GOVERNOR UPON PASSAGE OF A MULTIPLE  APPROPRIATION
 BILL  PURSUANT  TO  SECTION  5  OF THIS ARTICLE; PROVIDED, HOWEVER, 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.
   § 5. Resolved (if the Assembly concur), That section 5 of article 7 of
 the constitution be amended to read as follows:
   § 5. 1. Neither house of the legislature shall consider any other bill
 making an appropriation until all the appropriation bills  submitted  by
 the  governor shall have been finally acted on by both houses, except on
 message from the governor certifying to the necessity of  the  immediate
 passage  of such a bill. DURING A CONTINGENCY PERIOD, AS PROVIDED FOR IN
 SUBDIVISION TWO OF THIS SECTION, NEITHER HOUSE OF THE LEGISLATURE  SHALL
 CONSIDER  ANY  OTHER  APPROPRIATION BILL EXCEPT A MULTIPLE APPROPRIATION
 BILL ALTERING THE CONTINGENCY BUDGET.
   2. A CONTINGENCY BUDGET, AS PROVIDED FOR IN STATUTE, SHALL TAKE EFFECT
 WITHOUT FURTHER ACTION BY THE LEGISLATURE OR THE GOVERNOR ON  THE  FIRST
 DAY  OF  THE  FISCAL  YEAR  IN THE EVENT THE LEGISLATURE HAS NOT FINALLY
 ACTED UPON ALL THE APPROPRIATION BILLS SUBMITTED  BY  THE  GOVERNOR  FOR
 SUCH  FISCAL  YEAR.   SUCH CONTINGENCY BUDGET SHALL CONSTITUTE AN ACT OF
 THE LEGISLATURE AND FINAL ACTION UPON ALL  OF  THE  APPROPRIATION  BILLS
 SUBMITTED  BY  THE  GOVERNOR  AS HEREIN DESCRIBED.   THE LEGISLATURE MAY
 CONSIDER AND ADOPT ALTERATIONS TO THE  CONTINGENCY  BUDGET  THROUGH  THE
 PASSAGE BY BOTH HOUSES OF THE LEGISLATURE OF A SINGLE MULTIPLE APPROPRI-
 ATION  BILL.   THOSE PROVISIONS IN THE CONTINGENCY BUDGET NOT ALTERED BY
 THE LEGISLATURE  SHALL  REMAIN  IN  EFFECT  UNTIL  SUCH  PROVISIONS  ARE
 REENACTED,  REPEALED  OR  SUPERSEDED  BY  SUBSEQUENT  LEGISLATION OR THE
 COMMENCEMENT OF THE NEXT FISCAL YEAR.   PASSAGE BY BOTH  HOUSES  OF  THE
 LEGISLATURE  OF  SUCH  MULTIPLE  APPROPRIATION BILL SHALL CONSTITUTE THE
 CONCLUSION OF THE CONTINGENCY PERIOD.  AFTER THE LEGISLATURE  HAS  ENDED
 THE CONTINGENCY PERIOD, IT MAY PROPOSE AND CONSIDER A SUBSEQUENT SUPPLE-
 MENTAL  APPROPRIATION BILL OR, SEPARATE INDIVIDUAL APPROPRIATION BILL OR
 BILLS PURSUANT TO SECTION 6 OF THIS ARTICLE.
   THE CONTINGENCY BUDGET, EXCEPT AS OTHERWISE PROVIDED BY STATUTE, SHALL
 PROVIDE THE SAME APPROPRIATIONS AND REAPPROPRIATIONS AS ENACTED FOR  THE
 IMMEDIATELY PRECEDING FISCAL YEAR AND SPENDING AND REVENUE PROVISIONS IN
 EFFECT  FOR THE IMMEDIATELY PRECEDING FISCAL YEAR SHALL REMAIN IN EFFECT
 UNTIL THE CONCLUSION OF THE  CONTINGENCY  PERIOD.  EXCEPT  AS  OTHERWISE
 PROVIDED  IN  STATUTE,  AGGREGATE  DISBURSEMENTS AUTHORIZED BY APPROPRI-
 ATIONS AND REAPPROPRIATIONS CONTAINED IN THE CONTINGENCY BUDGET FOR  THE
 FISCAL  YEAR  SHALL NOT EXCEED AGGREGATE DISBURSEMENTS MADE IN THE IMME-
 DIATELY PRECEDING FISCAL YEAR.    NO  LAW  MODIFYING  THE  DISBURSEMENTS
 AUTHORIZED  BY  APPROPRIATIONS  AND  REAPPROPRIATIONS  CONTAINED  IN THE
 CONTINGENCY BUDGET MAY BECOME EFFECTIVE UNTIL THREE YEARS FROM THE  DATE
 OF  ITS  ENACTMENT.    DURING A CONTINGENCY PERIOD, SPENDING AND REVENUE
 PROVISIONS IN LEGISLATION PREVIOUSLY ENACTED THAT  BECOME  EFFECTIVE  IN
 THE  CURRENT FISCAL YEAR SHALL NOT TAKE EFFECT UNTIL THE LEGISLATURE HAS
 PASSED A MULTIPLE APPROPRIATION BILL.

 S. 5999                             4
 
   § 6. Resolved (if the Assembly concur), That section 6 of article 7 of
 the constitution be amended to read as follows:
   § 6. [Except] NO APPROPRIATIONS SHALL BE MADE EXCEPT BY SEPARATE BILLS
 EACH FOR A SINGLE OBJECT OR PURPOSE, EXCEPT for appropriations contained
 in the bills submitted by the governor [and], OR FOR APPROPRIATIONS 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] OR IN A SEPARATE MULTIPLE APPROPRIATION BILL ENACTED
 DURING THE CONTINGENCY BUDGET PERIOD.  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  EXCEPT  UNALTERED  PROVISIONS
 CONTAINED WITHIN THE MULTIPLE APPROPRIATION BILL PURSUANT TO SUBDIVISION
 2  OF  SECTION  5  OF  THIS ARTICLE THAT WERE ORIGINALLY INCLUDED IN THE
 CONTINGENCY BUDGET, WHICH SHALL REMAIN LAW UPON PASSAGE OF SUCH MULTIPLE
 APPROPRIATION BILL.
   No provision shall be embraced in any appropriation bill submitted  by
 the  governor  or  in such supplemental OR MULTIPLE appropriation [bill]
 BILLS unless it relates specifically to some particular appropriation in
 the bill, and any such provision shall be limited in  its  operation  to
 such appropriation.
   § 7. Resolved (if the Assembly concur), That section 7 of article 4 of
 the constitution be amended to read as follows:
   § 7. Every bill which shall have passed the senate and assembly shall,
 before  it  becomes a law, be presented to the governor; if the governor
 approve, he or she shall sign it; but if not, he or she shall return  it
 with  his  or  her objections to the house in which it shall have origi-
 nated, which shall enter the objections at large  on  the  journal,  and
 proceed  to  reconsider it. If after such reconsideration, two-thirds of
 the members elected to that house shall agree to pass the bill, it shall
 be sent together with the objections, to the other house,  by  which  it
 shall  likewise  be  reconsidered;  and if approved by two-thirds of the
 members elected to that house, it shall become a law notwithstanding the
 objections of the governor. In all such cases the votes in  both  houses
 shall  be  determined  by  yeas  and  nays, and the names of the members
 voting shall be entered on the journal of each  house  respectively.  If
 any  bill shall not be returned by the governor within ten days (Sundays
 excepted) after it shall have been presented to him  or  her,  the  same
 shall  be a law in like manner as if he or she had signed it, unless the
 legislature shall, by their adjournment, prevent its  return,  in  which
 case  it shall not become a law without the approval of the governor. No
 bill shall become a law after the final adjournment of the  legislature,
 unless  approved  by the governor within thirty days after such adjourn-
 ment. If any bill presented to the governor [contain]  CONTAINS  several
 items  of appropriation of money, OR INCLUDES ALTERATIONS TO THE CONTIN-
 GENCY BUDGET, the governor may object to one or more of such items while
 approving of the other portion of the bill. In such  case  the  governor
 shall  append to the bill, at the time of signing it, a statement of the
 items to which he or she objects; and the appropriation so  objected  to
 shall not take effect. If the legislature be in session, he or she shall
 transmit to the house in which the bill originated a copy of such state-
 ment,  and the items objected to shall be separately reconsidered. If on
 reconsideration one or more of such items be approved by  two-thirds  of
 the  members  elected  to each house, the same shall be part of the law,
 notwithstanding the objections of the governor. All  the  provisions  of
 this  section,  in relation to bills not approved by the governor, shall

 S. 5999                             5
 
 apply in cases in which he or she shall withhold approval from any  item
 or items contained in a bill appropriating money.
   §  8.  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.

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Senate Bill S5999

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2017-S5999 (ACTIVE) - Details

2017-S5999 (ACTIVE) - Summary

2017-S5999 (ACTIVE) - Sponsor Memo

2017-S5999 (ACTIVE) - Bill Text download pdf

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Sponsored By

Thomas D. Croci

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2017-S5999 (ACTIVE) - Details

2017-S5999 (ACTIVE) - Summary

2017-S5999 (ACTIVE) - Sponsor Memo

2017-S5999 (ACTIVE) - Bill Text download pdf

Comments