The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    820
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. BIAGGI, SKOUFIS, RIVERA, BENJAMIN, BRESLIN, COMRIE,
   GOUNARDES, HOYLMAN, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MYRIE, PARK-
   ER, RAMOS, SALAZAR -- read twice and ordered printed, and when printed
   to be committed to the Committee on Judiciary

             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to article 7 of  the  constitution,  relating  to
   content of article VII bills
 
   Section  1. Resolved (if the Assembly concur), That section 2 of arti-
 cle 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 necessary to provide moneys and revenues suffi-
 cient to meet such proposed expenditures. It  shall  also  contain  such
 other  recommendations  and  information as the governor may deem proper
 and such additional information as may be required by law.   THE  BUDGET
 SHALL  INCLUDE  STATEMENTS  OF  ANY NEW LEGISLATION, AMENDMENT TO LEGIS-
 LATION, OR LIMITATION ON THE EFFECT OF ANY LEGISLATION CONTAINED IN  THE
 BUDGET.
   § 2. Resolved (if the Assembly concur), That section 3 of article 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 bill or bills containing all the proposed appro-
 priations and reappropriations included in the budget and  the  proposed
 legislation, if any, recommended therein.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89004-01-1

 S. 820                              2
 
   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  NEW  LEGISLATION,  AMENDMENT TO LEGISLATION, OR LIMITATION ON THE
 EFFECT OF ANY LEGISLATION CONTAINED IN ANY  BILL  SUBMITTED  UNDER  THIS
 SECTION  SHALL  BE SEPARATELY STATED, IN A MANNER TO ENABLE THE LEGISLA-
 TURE AND THE GOVERNOR TO ACT IN RELATION TO THAT MATTER UNDER SECTION  4
 OF THIS ARTICLE.
   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.
   § 3. Resolved (if the Assembly 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] TO add thereto items of appropriation, OR TO MODIFY  OR  SUBSTITUTE
 ITEMS OF APPROPRIATION (INCLUDING ADDING, DELETING, MODIFYING OR SUBSTI-
 TUTING  ANY  NEW LEGISLATION, AMENDMENT TO LEGISLATION, OR LIMITATION ON
 THE EFFECT OF ANY LEGISLATION); provided that such additions,  MODIFICA-
 TIONS,  AND  SUBSTITUTIONS 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
 AND MODIFICATIONS OR SUBSTITUTIONS OF the governor's bills by the legis-
 lature shall be subject to approval of the governor AND  ACTION  BY  THE
 LEGISLATURE  as  provided in section 7 of article IV. PROVIDED, HOWEVER,
 THAT WHERE A MODIFICATION  OR  SUBSTITUTION  BY  THE  LEGISLATURE  IS  A
 DELETION  OF NEW LEGISLATION, A DELETION OF AN AMENDMENT TO LEGISLATION,
 OR A DELETION OF A LIMITATION ON THE EFFECT OF ANY LEGISLATION,  ANY  OF
 WHICH WERE SUBMITTED BY THE GOVERNOR UNDER THIS ARTICLE, IT SHALL NOT BE
 SUBJECT TO APPROVAL OF THE GOVERNOR.
   § 4. Resolved (if the Assembly concur), That section 5 of article 7 of
 the constitution be amended to read as follows:
   §  5.  [Neither house of the] THE legislature [shall] MAY consider any
 other bill making an appropriation [until all] WHETHER  OR  NOT  IT  HAS
 ACTED  ON  the appropriation bills submitted by the governor [shall have
 been finally acted on by both houses, except on message from the  gover-
 nor  certifying  to  the  necessity  of  the immediate passage of such a
 bill].
   § 5. 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
 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
 AND ACTION BY THE LEGISLATURE 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 unless it

 S. 820                              3
 
 relates specifically to some particular appropriation in the  bill,  and
 any  such  provision shall be limited in its operation to such appropri-
 ation.
   ANY  NEW  LEGISLATION,  AMENDMENT TO LEGISLATION, OR LIMITATION ON THE
 EFFECT OF ANY LEGISLATION CONTAINED IN A SUPPLEMENTAL APPROPRIATION BILL
 UNDER THIS SECTION SHALL BE SEPARATELY STATED, IN A MANNER TO ENABLE THE
 LEGISLATURE AND THE GOVERNOR TO ACT IN RELATION  TO  THAT  MATTER  UNDER
 SECTION 7 OF ARTICLE IV, AND SHALL BE SUBJECT TO THE GOVERNOR'S APPROVAL
 AND ACTION BY THE LEGISLATURE AS PROVIDED IN SECTION 7 OF ARTICLE IV.
   §  6. Resolved (if the Assembly concur), That the foregoing amendments
 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.