STATE OF NEW YORK
________________________________________________________________________
2062
2023-2024 Regular Sessions
IN SENATE
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
1 Section 1. Resolved (if the Assembly concur), That section 3 of arti-
2 cle 7 of the constitution be amended to read as follows:
3 § 3. At the time of submitting the budget to the legislature the
4 governor shall submit:
5 (a) a bill or bills containing all the proposed appropriations and
6 reappropriations included in the budget [and], provided, however, that
7 such appropriations and reappropriations shall be consistent with and
8 constrained by the provisions of existing state law and shall neither
9 amend nor withstand such existing state law, except for monetary amounts
10 where appropriate; and
11 (b) the proposed legislation, if any, recommended therein, which shall
12 be in a nonappropriation bill or bills separate and distinct from the
13 appropriation bill or bills.
14 The governor may at any time within thirty days thereafter and, with
15 the consent of the legislature, at any time before the adjournment ther-
16 eof, amend or supplement the budget and submit amendments to any bills
17 submitted by him or her or submit supplemental bills.
18 The governor and the heads of departments shall have the right, and it
19 shall be the duty of the heads of departments when requested by either
20 house of the legislature or an appropriate committee thereof, to appear
21 and be heard in respect to the budget during the consideration thereof,
22 and to answer inquiries relevant thereto. The procedure for such appear-
23 ances and inquiries shall be provided by law.
24 § 2. Resolved (if the Assembly concur), That section 6 of article 7 of
25 the constitution be amended to read as follows:
26 § 6. Except for appropriations contained in the bills submitted by the
27 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
1 government, no appropriations shall be made except by separate bills
2 each for a single object or purpose. All such bills and such supple-
3 mental appropriation bill shall be subject to the governor's approval as
4 provided in section 7 of article IV.
5 [No provision shall be embraced in any] Any appropriation bill submit-
6 ted by the governor or [in] such supplemental appropriation bill [unless
7 it relates] shall only contain items of appropriation and descriptions
8 thereof. Such item of appropriation shall not contain multiple items
9 unless separately scheduled and shall, where practicable, include iden-
10 tification of the statutory basis for such expenditure. Such
11 description:
12 (a) shall relate specifically to some particular appropriation in the
13 bill[, and any such provision shall be limited in its operation to such
14 appropriation];
15 (b) shall identify the object or purpose of the appropriation to the
16 extent necessary for the legislature and public to effectively review
17 the proposed appropriation;
18 (c) shall not include the conditions, rules or requirements of a
19 program to be funded thereby; provided any such conditions, rules or
20 requirements shall be separately set forth by the governor in either
21 nonappropriation bills containing proposed legislation or the additional
22 budgetary information submitted by the governor in accordance with
23 section two of this article; and
24 (d) shall not abrogate or modify an existing provision of law,
25 provided, however, the governor may propose such modifications to an
26 existing provision of law in nonappropriation bills in accord with
27 subdivision (b) of section three of this article.
28 § 3. Resolved (if the Assembly concur), That the foregoing amendment
29 be referred to the first regular legislative session convening after the
30 next succeeding general election of members of the assembly, and, in
31 conformity with section 1 of article 19 of the constitution, be
32 published for 3 months previous to the time of such election.