S T A T E O F N E W Y O R K
________________________________________________________________________
6178
2019-2020 Regular Sessions
I N A S S E M B L Y
February 28, 2019
___________
Introduced by M. of A. BARCLAY, BLANKENBUSH, GIGLIO, FINCH, HAWLEY,
LAWRENCE, MONTESANO, RA, STEC, NORRIS, BRABENEC, MORINELLO, MANKTELOW,
MIKULIN, BYRNES, TAGUE -- Multi-Sponsored by -- M. of A. CROUCH,
DiPIETRO, FITZPATRICK, FRIEND, GARBARINO, JOHNS, KOLB, McDONOUGH,
PALMESANO, SALKA -- 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:
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89108-01-9
A. 6178 2
APPROPRIATIONS AND THE TRANSFER AND THE LOAN OF FUNDS FOR THE
IMMEDIATELY PRECEDING FISCAL YEAR SHALL CONTINUE TO BE LAW FOR THE
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.
§ 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.