Senate Bill S8212A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8212--A
 
                             I N  S E N A T E
 
                              April 17, 2020
                                ___________
 
 Introduced  by Sens. METZGER, JACKSON -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to article 7 of the constitution, in relation  to
   appropriation bills submitted by the governor
 
   Section 1. Resolved (if the Assembly concur), That sections 2, 3 and 4
 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-
 nor and lieutenant governor, and on or before the second Tuesday follow-
 ing the first day of the annual meeting of the legislature, in all other
 years,  the governor shall submit to the legislature a budget containing
 a complete plan of expenditures proposed to be made before the close  of
 the  ensuing  fiscal  year  and  all moneys and revenues estimated to be
 available therefor, together with an explanation of the  basis  of  such
 estimates  and recommendations as to proposed legislation, if any, which
 the governor may deem DIRECTLY necessary to provide moneys and  revenues
 sufficient  to  meet  such  proposed expenditures. It shall also contain
 such other recommendations and information  as  the  governor  may  deem
 proper SO AS TO ASSURE A BALANCED BUDGET and such additional information
 as  may  be required by law, AND SHALL INCLUDE A DETAILED EXPLANATION OF
 THE FISCAL NECESSITY OF ANY SUCH ACCOMPANYING LEGISLATION.
   § 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 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.  ANY  LEGISLATION
 INCLUDED  IN  SUCH AMENDMENTS AND SUPPLEMENTS MUST BE DIRECTLY NECESSARY
 TO PROVIDE MONEYS AND REVENUES SUFFICIENT TO MEET SUCH PROPOSED EXPENDI-
 TURES.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89164-04-0

 S. 8212--A                          2
 
   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. 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. THE LEGISLATURE SHALL REJECT ANY PROPOSED LEGISLATION THAT
 IS  NOT  DIRECTLY NECESSARY TO PROVIDE MONEYS AND REVENUES SUFFICIENT TO
 MEET SUCH PROPOSED EXPENDITURES, AND  MAY  ONLY  INCLUDE  OR  ALTER  ANY
 LEGISLATION  THAT  IS  DIRECTLY NECESSARY TO PROVIDE MONEYS AND REVENUES
 SUFFICIENT TO MEET SUCH PROPOSED EXPENDITURES.
   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.
   § 2. 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 three months previous to the time of such election.