NY State Senate Bill S3302

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 13, 2020	opinion referred to judiciary
Feb 14, 2020	to attorney-general for opinion
Jan 08, 2020	referred to judiciary
Mar 01, 2019	opinion referred to judiciary
Feb 07, 2019	to attorney-general for opinion
Feb 05, 2019	referred to judiciary

Co-Sponsors

S3302 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 7 §§3 & 6, Constn
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2189
2023-2024: S69, S2062

S3302 (ACTIVE) - Summary

Relates to items of appropriation.

S3302 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3302

SPONSOR: GALLIVAN
 
TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to article 7 of the constitution, in relation to
items of appropriation

 
SUMMARY OF PROVISIONS:

Section 1 of the resolution amends section 3 of article 7 of the New
York state constitution by providing that the Governor's appropriation
and reappropriation bills be constrained by existing law except for
monetary amounts where appropriate, and that any other changes should be
contained in a separate and distinct bill.

Section 2 of the resolution amends section 6 of article 7 of the Consti-
tution to ensure that appropriation bills submitted by the governor only
contains items of appropriations and that each item of appropriation
specifically relates to some particular appropriation in the bill, iden-
tifies the purpose of the appropriation, does not include requirements
for implementation, and does not modify existing law.

 
JUSTIFICATION:

The New York Court of Appeals in an opinion in two cases, Pataki v.
Assembly (No. 171) and Silver v. Pataki (No. 172) (December 16, 2004),
held that while the Governor "should not put into an appropriation bill
essentially non-fiscal or non-budgetary legislation," should he so act,
the Legislature had no remedies other than accepting, rejecting or
reducing the dollar amount adjunct to such appropriation.

The court gave broad discretion to the Governor to bypass and, in
effect, inactivate any part of New York's corpus of law if he took such
action in the guise of an appropriation bill. The Executive has inserted
vast, far-reaching policy initiatives in appropriation bills that at
times have circumvented or bypassed then-existing substantive law which
had been enacted in the usual bill enactment process.  Recent examples
of including non fiscal policy matters into the budget include education
reforms, criminal justice reforms and various other expansions or amend-
ments to substantive State law. The traditional notions of "checks and
balances" have been harmed and as a result, broad substantive changes in
law are insulated from meaningful analysis, review, debate and amend-
ment. This is a process which could not have been foreseen and was not
the intent framers of New York's Constitution. This proposal reasserts
the intent of our framers - a state government with limited power
divided among three Co-Equal branches of Government.

 
LEGISLATIVE HISTORY:

2017-08: S.3852 Referred to Judiciary
2016: S.4944 - Referred to Judiciary
2006: S.3195/A.4630 - Passed Senate/Passed Assembly

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
These amendments would take effect after approval of the voters by
referendum.

S3302 (ACTIVE) - Bill Text download pdf


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

                                  3302

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced  by Sen. GALLIVAN -- 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  AND  SHALL  NEITHER
AMEND NOR WITHSTAND SUCH EXISTING STATE LAW, EXCEPT FOR MONETARY AMOUNTS
WHERE APPROPRIATE; AND
  (B) the proposed legislation, if any, recommended therein, WHICH SHALL
BE  IN  A  NONAPPROPRIATION BILL OR BILLS SEPARATE AND DISTINCT FROM THE
APPROPRIATION BILL OR BILLS.
  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 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

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

                      [ ] is old law to be omitted.
                                                           LBD89105-01-9

S. 3302                             2

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  IDENTIFY THE OBJECT OR PURPOSE OF THE APPROPRIATION TO THE
EXTENT NECESSARY FOR THE LEGISLATURE AND PUBLIC  TO  EFFECTIVELY  REVIEW
THE PROPOSED APPROPRIATION;
  (C)  SHALL  NOT  INCLUDE  THE  CONDITIONS,  RULES OR REQUIREMENTS OF A
PROGRAM TO BE FUNDED THEREBY; PROVIDED ANY  SUCH  CONDITIONS,  RULES  OR
REQUIREMENTS  SHALL  BE  SEPARATELY  SET FORTH BY THE GOVERNOR IN EITHER
NONAPPROPRIATION BILLS CONTAINING PROPOSED LEGISLATION OR THE ADDITIONAL
BUDGETARY INFORMATION SUBMITTED  BY  THE  GOVERNOR  IN  ACCORDANCE  WITH
SECTION TWO OF THIS ARTICLE; AND
  (D)  SHALL  NOT  ABROGATE  OR  MODIFY  AN  EXISTING  PROVISION OF LAW,
PROVIDED, HOWEVER, THE GOVERNOR MAY PROPOSE  SUCH  MODIFICATIONS  TO  AN
EXISTING  PROVISION  OF  LAW  IN  NONAPPROPRIATION  BILLS IN ACCORD WITH
SUBDIVISION (B) OF SECTION THREE OF THIS ARTICLE.
  § 3. 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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The New York State Senate

senate Bill S3302

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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Co-Sponsors

S3302 (ACTIVE) - Details

S3302 (ACTIVE) - Summary

S3302 (ACTIVE) - Sponsor Memo

S3302 (ACTIVE) - Bill Text download pdf

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senate Bill S3302

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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Co-Sponsors

Robert E. Antonacci

S3302 (ACTIVE) - Details

S3302 (ACTIVE) - Summary

S3302 (ACTIVE) - Sponsor Memo

S3302 (ACTIVE) - Bill Text download pdf

Comments