S T A T E O F N E W Y O R K
________________________________________________________________________
1964
2021-2022 Regular Sessions
I N A S S E M B L Y
January 13, 2021
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Introduced by M. of A. BARNWELL, HEVESI, THIELE, EPSTEIN, PALMESANO,
TAGUE, WALCZYK, MONTESANO -- Multi-Sponsored by -- M. of A. BRABENEC,
BYRNES, DeSTEFANO, SMITH -- read once and referred to the Committee on
Ways and Means
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 7 of article 4 and sections 4 and 6 of
article 7 of the constitution, in relation to article VII appropri-
ations
Section 1. Resolved (if the Senate 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 several items of
appropriation of money, the governor [may] SHALL NOT object to [one or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89081-01-1
A. 1964 2
more of such] INDIVIDUAL items while approving of the other portion of
the bill. In such case the governor shall SIGN OR VETO THE ENTIRE BILL.
SHOULD THE GOVERNOR CHOOSE TO VETO THE BILL, HE OR SHE 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] FOR CONSIDERATION BY THE LEGISLATURE. If the legislature be in
session, he or she shall transmit to the house in which the bill origi-
nated a copy of such statement[, and the items objected to shall be
separately reconsidered]. If on reconsideration [one or more of such
items] SUCH BILL 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. IF THE LEGISLATURE DOES NOT OVERRIDE A VETO
BY THE GOVERNOR, THE LEGISLATURE MAY AMEND THE VETOED BILL AND SUBMIT
SUCH AMENDED BILL TO THE GOVERNOR FOR APPROVAL OR VETO. All the
provisions of this section, in relation to bills not approved by the
governor, shall apply in cases in which he or she shall withhold
approval from any item or items contained in a bill appropriating money.
§ 2. 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] ANY AND ALL appropriation
[bill] BILLS submitted by the governor [except to]. THE LEGISLATURE MAY
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 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], OR INCREASE ANY
APPROPRIATION SUBMITTED BY THE GOVERNOR. UPON PASSAGE BY THE LEGISLA-
TURE, APPROPRIATION BILLS SHALL BE SENT TO THE GOVERNOR FOR APPROVAL OR
VETO, AND IF VETOED MAY BE SUBJECT TO A LEGISLATIVE OVERRIDE OF SUCH
VETO, AS PROVIDED IN SECTION 7 OF ARTICLE IV. WHERE AN APPROPRIATION
BILL IS VETOED BY THE GOVERNOR, AND THE LEGISLATURE DOES NOT OVERRIDE
SUCH VETO, THE LEGISLATURE MAY AMEND SUCH VETOED BILL AND SUBMIT TO THE
GOVERNOR FOR HIS OR HER APPROVAL OR VETO SUCH AMENDED BILL, AS PROVIDED
IN SECTION 7 OF ARTICLE IV.
§ 3. Resolved (if the Senate 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
government, AND THOSE AMENDED AND SUBMITTED BY THE LEGISLATURE AS
PROVIDED IN SECTION 4 OF THIS ARTICLE, no appropriations shall be made
except by separate bills each for a single object or purpose. All such
bills and such supplemental appropriation bill shall be subject to the
governor's approval OR A LEGISLATIVE OVERRIDE OF A VETO BY THE GOVERNOR
as provided in section 7 of article IV.
No provision shall be embraced in any appropriation bill submitted by
the governor [or], in such supplemental appropriation bill, OR IN SUCH
AMENDED BILL SUBMITTED BY THE LEGISLATURE unless it relates specifically
to some particular appropriation in the bill, and any such provision
shall be limited in its operation to such appropriation.
§ 4. Resolved (if the Senate concur), That the foregoing amendment be
referred to the first regular legislative session convening after the
A. 1964 3
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.