Senate Bill S2062

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2062
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced by Sens. FERNANDEZ, GALLIVAN -- read twice and ordered print-
   ed, 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.
              

                                                            LBD89003-01-3
 S. 2062                             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.