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