A00002 Summary:
BILL NO | A00002 |
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SAME AS | SAME AS S00001 |
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SPONSOR | Silver (MS) |
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COSPNSR | Farrell, Destito, Grannis, John, Tokasz, Galef, Espaillat |
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MLTSPNSR | Abbate, Aubertine, Aubry, Benedetto, Bing, Boyland, Bradley, Brennan, Brodsky, Cahill, Canestrari,Carrozza, Christensen, Clark, Cohen A, Cohen M, Colton, Cook, Cusick, Cymbrowitz, DelMonte, DiazL, DiNapoli, Dinowitz, Eddington, Englebright, Fields, Gantt, Gianaris, Glick, Gordon, Gottfried,Greene, Gunther, Heastie, Hoyt, Jacobs, Karben, Koon, Lafayette, Latimer, Lavelle, Lavine, Lentol,Lifton, Lupardo, Magee, Magnarelli, Markey, McEneny, McLaughlin, Meng, Millman, Morelle, Nolan,Norman, O'Donnell, Ortiz, Parment, Paulin, Peoples, Peralta, Perry, Pheffer, Powell, Pretlow,Ramos, Reilly, Rivera P, Robinson, Sanders, Scarborough, Schroeder, Seddio, Stringer, Sweeney,Titus, Tonko, Towns, Weinstein, Weisenberg, Weprin, Wright, Zebrowski |
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Amd Art 7 SS1 - 6, 17, Art 4 S7, Constn | |
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Relates to the submission of the budget to the legislature by the governor and requires that copies of the release of agency budget requests furnished to the executive be made available to the legislature and the public; authorizes a contingency budget to take effect in certain circumstances; reduces the amount of time during which the governor may amend the executive budget without consent of the legislature from 30 to 21 days; creates a fiscal stabilization reserve fund. |
A00002 Actions:
BILL NO | A00002 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/05/2005 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
01/31/2005 | to attorney-general for opinion | |||||||||||||||||||||||||||||||||||||||||||||||||
02/15/2005 | reported referred to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
02/16/2005 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
02/16/2005 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
02/16/2005 | rules report cal.17 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/16/2005 | ordered to third reading rules cal.17 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/16/2005 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
02/16/2005 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
02/16/2005 | REFERRED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
02/18/2005 | opinion referred to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2005 | SUBSTITUTED FOR S1 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2005 | 3RD READING CAL.597 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2005 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2005 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
05/05/2005 | delivered to secretary of state |
A00002 Floor Votes:
Yes
Abbate
Yes
Christensen
Yes
Galef
Yes
Lavelle
Yes
O'Connell
Yes
Sayward
ER
Acampora
Yes
Clark
Yes
Gantt
Yes
Lavine
Yes
O'Donnell
Yes
Scarborough
Yes
Alfano
Yes
Cohen A
Yes
Gianaris
Yes
Lentol
Yes
O'Mara
Yes
Schimminger
ER
Arroyo
ER
Cohen M
Yes
Glick
Yes
Lifton
Yes
Ortiz
Yes
Schroeder
Yes
Aubertine
Yes
Colton
Yes
Gordon
Yes
Lopez
Yes
Ortloff
Yes
Scozzafava
Yes
Aubry
Yes
Conte
Yes
Gottfried
Yes
Lupardo
No
Parment
ER
Seddio
Yes
Bacalles
Yes
Cook
Yes
Grannis
Yes
Magee
Yes
Paulin
Yes
Seminerio
Yes
Barclay
Yes
Crouch
Yes
Green
Yes
Magnarelli
Yes
Peoples
Yes
Stephens
Yes
Barra
Yes
Cusick
Yes
Greene
Yes
Manning
Yes
Peralta
Yes
Stringer
No
Barraga
Yes
Cymbrowitz
Yes
Gunther
Yes
Markey
Yes
Perry
Yes
Sweeney
Yes
Benedetto
Yes
DelMonte
No
Hayes
Yes
Mayersohn
Yes
Pheffer
Yes
Tedisco
Yes
Benjamin
Yes
Destito
Yes
Heastie
Yes
McDonald
Yes
Powell
Yes
Thiele
Yes
Bing
Yes
Diaz LM
ER
Hikind
Yes
McDonough
Yes
Pretlow
Yes
Titus
Yes
Boyland
Yes
Diaz R
ER
Hooker
Yes
McEneny
Yes
Quinn
Yes
Tokasz
Yes
Bradley
Yes
DiNapoli
Yes
Hooper
ER
McLaughlin
Yes
Rabbitt
Yes
Tonko
Yes
Brennan
Yes
Dinowitz
Yes
Hoyt
Yes
Meng
Yes
Raia
Yes
Towns
Yes
Brodsky
Yes
Eddington
Yes
Ignizio
Yes
Miller
Yes
Ramos
Yes
Townsend
Yes
Brown
Yes
Englebright
ER
Jacobs
Yes
Millman
Yes
Reilich
Yes
Weinstein
Yes
Burling
ER
Errigo
Yes
John
Yes
Mirones
Yes
Reilly
Yes
Weisenberg
Yes
Butler
Yes
Espaillat
Yes
Karben
Yes
Morelle
ER
Rivera J
ER
Weprin
Yes
Cahill
Yes
Farrell
Yes
Kirwan
Yes
Mosiello
Yes
Rivera N
Yes
Wirth
EL
Calhoun
Yes
Ferrara
No
Kolb
No
Nesbitt
Yes
Rivera PM
Yes
Wright
Yes
Canestrari
Yes
Fields
Yes
Koon
Yes
Nolan
Yes
Robinson
Yes
Young
Yes
Carrozza
ER
Finch
Yes
Lafayette
Yes
Norman
Yes
Saladino
Yes
Zebrowski
Yes
Casale
No
Fitzpatrick
Yes
Latimer
No
Oaks
Yes
Sanders
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A00002 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A2 SPONSOR: Silver (MS)
  TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to articles IV and VII of the constitution, in relation to the submission of the budget to the legislature by the Governor   PURPOSE OF BILL: This bill would change the constitution to provide for reforms to the budget process including advancing and opening up the process, estab- lishing a contingency budget and creating reserve funds.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Requires that copies of the release of agency budget requests furnished to the Executive be made available to the Legislature and the public. Section 2. Requires an earlier submission of the Executive Budget to be on or before January 15th, or February first for a newly elected Gover- nor. Section 3. Reduces the amount of time during which the Governor may amend the Executive Budget without the consent of the Legislature from 30 to 21 days. Section 4. Requires that no appropriation bill submitted by the Governor and acted upon by the Legislature would become law until all of the appropriation bills submitted by the Governor are acted upon by the Legislature. The debt service appropriation bill, however, would become law upon passage by the Legislature. The Governor would maintain exist- ing approval authority over items added to his original appropriation bills. Sections 5, 6 and 7. Provides for the establishment of a contingency budget to take effect automatically on the first day of the fiscal year, in the event that the Legislature has not acted upon all of the budget bills submitted by the Governor. The time during which the contingency budget remains in effect would be known as the "contingency period". Section 8. Creates a fiscal stabilization reserve fund to provide adequate funding for May and June school aid payments and provide reserves for use in the upcoming fiscal year. Section 9. Effective date.   EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Amends Article VII of constitution: section 1 for departmental esti- mates; sections 2 and 3 for budget submission; sections 4, 5, and 6 for establishing a contingency budget; section 17 for the fiscal stabiliza- tion reserve fund. Amends Article IV of the constitution: section 4 in relation to contin- gency budget.   JUSTIFICATION: These amendments to the constitution along with companion legislation amending the State Finance Law are part of a comprehensive plan to over- haul and restructure the budget process, so that state budgets are more open and timely.   PRIOR LEGISLATIVE HISTORY: Passed both houses of the Legislature in 2004.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Savings to state and local governments accruing from an improved state budget process.   EFFECTIVE DATE: These amendments would be submitted to the voters after passage by both houses of the Legislature in 2005 or 2006 and would become effective with their approval.
A00002 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 2 2005-2006 Regular Sessions IN ASSEMBLY (Prefiled) January 5, 2005 ___________ Introduced by M. of A. SILVER, FARRELL, DESTITO, GRANNIS, JOHN, TOKASZ, GALEF, ESPAILLAT -- Multi-Sponsored by -- M. of A. ABBATE, AUBERTINE, AUBRY, BING, BOYLAND, BRADLEY, BRENNAN, BRODSKY, CAHILL, CANESTRARI, CHRISTENSEN, CLARK, A. COHEN, M. COHEN, COLTON, COOK, CUSICK, CYMBROW- ITZ, DelMONTE, L. DIAZ, DiNAPOLI, DINOWITZ, EDDINGTON, ENGLEBRIGHT, FIELDS, GANTT, GIANARIS, GLICK, GORDON, GOTTFRIED, GREENE, GUNTHER, HEASTIE, JACOBS, KARBEN, KOON, LAFAYETTE, LATIMER, LAVELLE, LAVINE, LENTOL, LIFTON, LUPARDO, MAGEE, MAGNARELLI, MARKEY, McENENY, McLAUGH- LIN, MENG, MILLMAN, MORELLE, NOLAN, NORMAN, O'DONNELL, ORTIZ, PARMENT, PAULIN, PEOPLES, PERALTA, PERRY, PHEFFER, POWELL, PRETLOW, RAMOS, REILLY, P. RIVERA, ROBINSON, SANDERS, SCARBOROUGH, SCHROEDER, SEDDIO, STRINGER, SWEENEY, TITUS, TONKO, TOWNS, WEINSTEIN, WEISENBERG, WEPRIN, ZEBROWSKI -- read once and referred to the Committee on Ways and Means CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to articles IV and VII of the constitution, in relation to the submission of the budget to the legislature by the Governor 1 Section 1. Resolved (if the Senate concur), That section 1 of article 2 7 of the constitution be amended to read as follows: 3 Section 1. For the preparation of the budget, the head of each depart- 4 ment of state government, except the legislature and judiciary, shall 5 furnish the governor such estimates and information in such form and at 6 such times as the governor may require, and, at such times, shall forth- 7 with provide copies of [which shall forthwith be furnished] such esti- 8 mates and information to the appropriate committees of the legislature 9 and make such estimates and information available to the public. The 10 governor shall hold hearings thereon at which the governor may require 11 the attendance of heads of departments and their subordinates. Desig- 12 nated representatives of such committees shall be entitled to attend the 13 hearings thereon and to make inquiry concerning any part thereof. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89067-01-5A. 2 2 1 Itemized estimates of the financial needs of the legislature, certi- 2 fied by the presiding officer of each house, and of the judiciary, 3 approved by the court of appeals and certified by the chief judge of the 4 court of appeals, shall be transmitted to the governor not later than 5 the first day of December in each year for inclusion in the budget with- 6 out revision but with such recommendations as the governor may deem 7 proper. Copies of the itemized estimates of the financial needs of the 8 judiciary also shall forthwith be transmitted to the appropriate commit- 9 tees of the legislature. 10 § 2. Resolved (if the Senate concur), That section 2 of article 7 of 11 the constitution be amended to read as follows: 12 § 2. Annually, on or before the first day of February in each year 13 following the year [fixed by the constitution for the election of gover-14nor and lieutenant governor] in which a governor is elected, provided 15 such governor did not hold the office of governor at the time of the 16 election, and on or before [the second Tuesday following the first day17of the annual meeting of the legislature] January fifteenth, in all 18 other years, the governor shall submit to the legislature a budget 19 containing a complete plan of [expenditures] disbursements proposed to 20 be made before the close of the ensuing fiscal year and all moneys [and21revenues estimated] available and anticipated to be available and all 22 receipts estimated to be available therefor, together with an explana- 23 tion of the basis of such estimates and recommendations as to proposed 24 legislation, if any, which the governor may deem necessary to provide 25 moneys and [revenues] receipts sufficient to meet such proposed [expend-26itures] disbursements. It shall also contain such other recommendations 27 and information as the governor may deem proper and such additional 28 information as may be required by law. 29 § 3. Resolved (if the Senate concur), That section 3 of article 7 of 30 the constitution be amended to read as follows: 31 § 3. At the time of submitting the budget to the legislature the 32 governor shall submit a bill or bills containing all the proposed appro- 33 priations and reappropriations included in the budget and the proposed 34 legislation, if any, recommended therein. 35 The governor may at any time within [thirty] twenty-one days thereaft- 36 er and, with the consent of the legislature, at any time before the 37 adjournment thereof, amend or supplement the budget and submit amend- 38 ments to any bills submitted by him or her or submit supplemental bills. 39 The governor and the heads of departments shall have the right, and it 40 shall be the duty of the heads of departments when requested by either 41 house of the legislature or an appropriate committee thereof, to appear 42 and be heard in respect to the budget during the consideration thereof, 43 and to answer inquiries relevant thereto. The procedure for such appear- 44 ances and inquiries shall be provided by law. 45 § 4. Resolved (if the Senate concur), That section 4 of article 7 of 46 the constitution be amended to read as follows: 47 § 4. The legislature may not alter an appropriation bill submitted by 48 the governor except to strike out or reduce items therein, but it may 49 add thereto items of appropriation provided that such additions are 50 stated separately and distinctly from the original items of the bill and 51 refer each to a single object or purpose. None of the restrictions of 52 this section, however, shall apply to appropriations for the legislature 53 or judiciary. 54 [Such an] An appropriation bill making an appropriation or appropri- 55 ations solely for the purpose of meeting the legal requirements of the 56 state's debt service and lease purchase payments or other specialA. 2 3 1 contractual obligations shall, when passed by both houses, be [a] law 2 immediately without further action by the governor, except that separate 3 items added to the governor's bills by the legislature shall be subject 4 to the governor's approval as provided in section 7 of article IV. 5 Neither house of the legislature shall act on any other appropriation 6 bill submitted by the governor pursuant to sections 2 and 3 of this 7 article for the ensuing fiscal year after the beginning of such fiscal 8 year. Appropriation bills other than those making an appropriation or 9 appropriations solely for the purpose of meeting the legal requirements 10 of the state's debt service and lease purchase payments or other special 11 contractual obligations shall, when passed by both houses, be law with- 12 out further action by the governor only at such time as all other appro- 13 priation bills submitted by the governor pursuant to sections 2 and 3 of 14 this article have been voted upon by both houses before the beginning of 15 the fiscal year; provided, however, that appropriations for the legisla- 16 ture and judiciary and separate items added to the governor's bills by 17 the legislature shall be subject to approval of the governor as provided 18 in section 7 of article IV. In a year that a contingency budget takes 19 effect, appropriation bills submitted by the governor pursuant to 20 sections 2 and 3 of this article, and passed by both houses prior to the 21 beginning of the fiscal year shall automatically become law without 22 further action by the governor upon passage of a multiple appropriation 23 bill pursuant to section 5 of this article; provided, however, that 24 appropriations for the legislature and judiciary and separate items 25 added to the governor's bills by the legislature shall be subject to 26 approval of the governor as provided in section 7 of article IV. 27 § 5. Resolved (if the Senate concur), That section 5 of article 7 of 28 the constitution be amended to read as follows: 29 § 5. 1. Neither house of the legislature shall consider any other bill 30 making an appropriation until all the appropriation bills submitted by 31 the governor shall have been finally acted on by both houses, except on 32 message from the governor certifying to the necessity of the immediate 33 passage of such a bill. During a contingency period, as provided for in 34 subdivision two of this section, neither house of the legislature shall 35 consider any other appropriation bill except a multiple appropriation 36 bill altering the contingency budget. 37 2. A contingency budget, as provided for in statute, shall take effect 38 without further action by the legislature or the governor on the first 39 day of the fiscal year in the event the legislature has not finally 40 acted upon all the appropriation bills submitted by the governor for 41 such fiscal year. Such contingency budget shall constitute an act of 42 the legislature and final action upon all of the appropriation bills 43 submitted by the governor as herein described. The legislature may 44 consider and adopt alterations to the contingency budget through the 45 passage by both houses of the legislature of a single multiple appropri- 46 ation bill. Those provisions in the contingency budget not altered by 47 the legislature shall remain in effect until such provisions are 48 reenacted, repealed or superseded by subsequent legislation or the 49 commencement of the next fiscal year. Passage by both houses of the 50 legislature of such multiple appropriation bill shall constitute the 51 conclusion of the contingency period. After the legislature has ended 52 the contingency period, it may propose and consider a subsequent supple- 53 mental appropriation bill or, separate individual appropriation bill or 54 bills pursuant to section 6 of this article. 55 The contingency budget, except as otherwise provided by statute, shall 56 provide the same appropriations and reappropriations as enacted for theA. 2 4 1 immediately preceding fiscal year and spending and revenue provisions in 2 effect for the immediately preceding fiscal year shall remain in effect 3 until the conclusion of the contingency period. Except as otherwise 4 provided in statute, aggregate disbursements authorized by appropri- 5 ations and reappropriations contained in the contingency budget for the 6 fiscal year shall not exceed aggregate disbursements made in the imme- 7 diately preceding fiscal year. No law modifying the disbursements 8 authorized by appropriations and reappropriations contained in the 9 contingency budget may become effective until three years from the date 10 of its enactment. During a contingency period, spending and revenue 11 provisions in legislation previously enacted that become effective in 12 the current fiscal year shall not take effect until the legislature has 13 passed a multiple appropriation bill. 14 § 6. Resolved (if the Senate concur), That section 6 of article 7 of 15 the constitution be amended to read as follows: 16 § 6. [Except] No appropriations shall be made except by separate bills 17 each for a single object or purpose, except for appropriations contained 18 in the bills submitted by the governor [and], or for appropriations in a 19 supplemental appropriation bill for the support of government, [no20appropriations shall be made except by separate bills each for a single21object or purpose] or in a separate multiple appropriation bill enacted 22 during the contingency budget period. All such bills [and such supple-23mental appropriation bill] shall be subject to the governor's approval 24 as provided in section 7 of article IV except unaltered provisions 25 contained within the multiple appropriation bill pursuant to subdivision 26 2 of section 5 of this article that were originally included in the 27 contingency budget, which shall remain law upon passage of such multiple 28 appropriation bill. 29 No provision shall be embraced in any appropriation bill submitted by 30 the governor or in such supplemental or multiple appropriation [bill] 31 bills unless it relates specifically to some particular appropriation in 32 the bill, and any such provision shall be limited in its operation to 33 such appropriation. 34 § 7. Resolved (if the Senate concur), That section 7 of article 4 of 35 the constitution be amended to read as follows: 36 § 7. Every bill which shall have passed the senate and assembly shall, 37 before it becomes a law, be presented to the governor; if the governor 38 approve, he or she shall sign it; but if not, he or she shall return it 39 with his or her objections to the house in which it shall have origi- 40 nated, which shall enter the objections at large on the journal, and 41 proceed to reconsider it. If after such reconsideration, two-thirds of 42 the members elected to that house shall agree to pass the bill, it shall 43 be sent together with the objections, to the other house, by which it 44 shall likewise be reconsidered; and if approved by two-thirds of the 45 members elected to that house, it shall become a law notwithstanding the 46 objections of the governor. In all such cases the votes in both houses 47 shall be determined by yeas and nays, and the names of the members 48 voting shall be entered on the journal of each house respectively. If 49 any bill shall not be returned by the governor within ten days (Sundays 50 excepted) after it shall have been presented to him or her, the same 51 shall be a law in like manner as if he or she had signed it, unless the 52 legislature shall, by their adjournment, prevent its return, in which 53 case it shall not become a law without the approval of the governor. No 54 bill shall become a law after the final adjournment of the legislature, 55 unless approved by the governor within thirty days after such adjourn- 56 ment. If any bill presented to the governor [contain] contains severalA. 2 5 1 items of appropriation of money, or includes alterations to the contin- 2 gency budget, the governor may object to one or more of such items while 3 approving of the other portion of the bill. In such case the governor 4 shall append to the bill, at the time of signing it, a statement of the 5 items to which he or she objects; and the appropriation so objected to 6 shall not take effect. If the legislature be in session, he or she shall 7 transmit to the house in which the bill originated a copy of such state- 8 ment, and the items objected to shall be separately reconsidered. If on 9 reconsideration one or more of such items be approved by two-thirds of 10 the members elected to each house, the same shall be part of the law, 11 notwithstanding the objections of the governor. All the provisions of 12 this section, in relation to bills not approved by the governor, shall 13 apply in cases in which he or she shall withhold approval from any item 14 or items contained in a bill appropriating money. 15 § 8. Resolved (if the Senate concur), That section 17 of article 7 of 16 the constitution be amended to read as follows: 17 § 17. The legislature may establish a fund or funds to aid in the 18 stabilization of the tax revenues of the state available for expenditure 19 or distribution in the current fiscal year. Any law creating such a 20 fund shall specify the tax or taxes to which such fund relates, and 21 shall prescribe the method of determining the amount of revenue from any 22 such tax or taxes which shall constitute a norm of each fiscal year. 23 Such part as shall be prescribed by law of any revenue derived from such 24 tax or taxes during a fiscal year in excess of such norm shall be paid 25 into such fund. No moneys shall at any time be withdrawn from such fund 26 unless the revenue derived from such tax or taxes during a fiscal year 27 shall fall below the norm for such year; in which event such amount as 28 may be prescribed by law, but in no event an amount exceeding the 29 difference between such revenue and such norm, shall be paid from such 30 fund into the general fund. 31 The legislature may establish a fund or funds known as the fiscal 32 stabilization reserve fund, available for expenditure or distribution in 33 a subsequent fiscal year. Any law creating such fund shall specify the 34 tax or taxes to which such fund relates, and shall prescribe the method 35 of determining the amount of revenue from any such tax or taxes which 36 shall be reserved. Such portion as shall be prescribed by law of any 37 revenue derived from such tax or taxes during a fiscal year shall be 38 paid into such fiscal stabilization reserve fund. No moneys shall at any 39 time be withdrawn from such fund unless the revenue derived from such 40 tax or taxes during a subsequent fiscal year shall fall below the amount 41 jointly certified as necessary by the governor, the temporary president 42 of the senate, and the speaker of the assembly to implement the budget 43 of a subsequent year; in which event shall such amount as may be 44 prescribed by law, but in no event an amount exceeding the difference 45 between such revenue and such norm, be paid from such fund into the 46 general fund. 47 No law changing the method of determining a norm or method or 48 prescribing the amount to be paid into such [a fund] funds or to be paid 49 from such [a fund] funds into the general fund may become effective 50 until three years from the date of its enactment. 51 § 9. Resolved (if the Senate concur), That the foregoing amendment be 52 submitted to the people for approval at the general election to be held 53 in the year 2005 in accordance with the provisions of the election law.