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A01928 Summary:

BILL NOA01928
 
SAME ASSAME AS S00820
 
SPONSORGottfried
 
COSPNSRAbbate, Abinanti, Ashby, Barron, Braunstein, Cahill, Carroll, Colton, DeStefano, Dinowitz, Englebright, Epstein, Galef, Glick, Hevesi, Hyndman, Lavine, Magnarelli, Montesano, Morinello, Palmesano, Peoples-Stokes, Rivera J, Rosenthal L, Salka, Simon, Steck, Stirpe, Thiele, Walczyk, Cymbrowitz, Tague, Brabenec, Smullen, Cusick, Lupardo, Eichenstein, Seawright, Miller B, Pheffer Amato, Norris, Hawley, Otis, Kim, Giglio JM, Taylor, Quart, Walsh, Manktelow, Barrett, Cruz, Frontus, Fahy, O'Donnell, Wallace, Richardson, Niou, Jacobson, Woerner, Reyes, Aubry, Buttenschon, Barnwell, Zebrowski, De La Rosa, Bichotte Hermelyn, Bronson, Gallagher, Lemondes, Lawler, Gonzalez-Rojas
 
MLTSPNSRCook, McDonough
 
Amd Art 7 2 - 6, Constn
 
Provides that the Governor's annual budget proposal to the Legislature shall include statements of any new legislation, amendment to legislation, or limitation on the effect of any legislation contained in the budget; makes related provisions granting the legislature an equal role with the governor in the budget process.
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A01928 Actions:

BILL NOA01928
 
01/13/2021referred to ways and means
01/21/2021to attorney-general for opinion
02/18/2021opinion referred to judiciary
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A01928 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1928
 
SPONSOR: Gottfried
  TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 7 of the constitution, relating to content of article VII bills   PURPOSE: To amend the State Constitution to enable the Legislature to play an equal role with the Governor in shaping the state budget.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Would amend §§ 2, 3, 4, 5 and 6 of Article VII of the Consti- tution: § 2 would be amended to provide that the Governor's annual budget proposal to the Legislature shall include statements of any new legis- lation, amendment to legislation, or limitation on the effect of any legislation contained in the budget. § 3 would be amended to provide that any new legislation, amendment to legislation, or limitation on the effect of any legislation contained in any bill submitted under Article VII shall be separately stated, in a manner to enable the Legislature and the Governor to act on it under § 4 of Article VII. § 4 would be amended to provide that in addition to striking, reducing or adding items of appropriation, the Legislature may modify or substi- tute items of appropriation and may add, delete, modify or substitute any new legislation, amendment to legislation, or limitation on the effect of any legislation, provided that the additions, modifications and substitutions shall be separately stated. This would also apply to the portions of the budget funding the legislature and the judiciary. The modifications and substitutions (as is now true for additions) will be subject to veto by the Governor, and the veto would be subject to override by the Legislature. Deletions of legislation items would not be subject to veto. § 5 would be amended to repeal the requirement for a Governor's message of necessity to enable the Legislature to act on appropriation bills (for a single object or purpose) of its own before it has acted on the Governor's budget appropriation bills. § 6 would be amended to clarify that if the Governor vetoes a separate appropriation bill, the veto may be overridden. It would also be amended ..to provide for legislative action on supplemental budget bills similar to actions on the main budget. Section 2 provides for referral of the bill to the next separately elected session of the Legislature and publication.   JUSTIFICATION: Separation of powers and checks and balances are fundamental to America democracy. In New York, the state budget is central to public policy making. It controls not only appropriations but also most legislative activity each year. Yet under our state constitution, as written and as interpreted by a series of court decisions over decades, this central part of state government does not follow the doctrines of separation of powers and checks and balances. The Legislature may eliminate, reduce, increase or add items of appro- priation. However, the Legislature is barred from modifying any appro- priation. This has been interpreted to bar the Legislature from substi- tuting an appropriation from one that is deleted or reduced. This severely limits the Legislature's ability to fulfill its proper constitutional role, especially as more and more substantive legislation is incorporated in the budget. When the current system of gubernatorial dominance and the Legislature's subsidiary role is described to individual New Yorkers, they find it hard to believe the system is so lopsided. This amendment would provide the Legislature - the branch of government closest to individual New Yorkers - with the full-fledged role in budget-making and legislating contemplated by our nation and state's founders.   LEGISLATIVE HISTORY: 2020: A9100 Referred to W&M / Senate Judiciary   FISCAL: None   EFFECTIVE DATE: January 1 after approval by the voters.
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A01928 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1928
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  GOTTFRIED,  ABBATE, ABINANTI, ASHBY, BARRON,
          BRAUNSTEIN, CAHILL, CARROLL, COLTON, DeSTEFANO, DINOWITZ, ENGLEBRIGHT,
          EPSTEIN, GALEF, GLICK, HEVESI, HYNDMAN, LAVINE, MAGNARELLI, MONTESANO,
          MORINELLO, PALMESANO, PEOPLES-STOKES, J. RIVERA, L. ROSENTHAL,  SALKA,
          SIMON,  STECK,  STIRPE,  THIELE, WALCZYK, CYMBROWITZ, TAGUE, BRABENEC,
          SMULLEN,   CUSICK,   LUPARDO,   EICHENSTEIN,   SEAWRIGHT,   B. MILLER,
          PHEFFER AMATO, NORRIS, HAWLEY, OTIS, KIM, J. M. GIGLIO, TAYLOR, QUART,
          WALSH,  MANKTELOW,  BARRETT,  CRUZ, FRONTUS, FAHY, O'DONNELL, WALLACE,
          RICHARDSON, NIOU, JACOBSON, WOERNER, REYES, AUBRY, BUTTENSCHON,  BARN-
          WELL,  ZEBROWSKI, DE LA ROSA, BICHOTTE HERMELYN, BRONSON, GALLAGHER --
          Multi-Sponsored by -- M. of  A.  COOK,  McDONOUGH  --  read  once  and
          referred to the Committee on Ways and Means
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing  an  amendment  to  article 7 of the constitution, relating to
          content of article VII bills
 
     1    Section 1. Resolved (if the Senate concur), That section 2 of  article
     2  7 of the constitution be amended to read as follows:
     3    §  2.  Annually,  on  or before the first day of February in each year
     4  following the year fixed by the constitution for the election of  gover-
     5  nor and lieutenant governor, and on or before the second Tuesday follow-
     6  ing the first day of the annual meeting of the legislature, in all other
     7  years,  the governor shall submit to the legislature a budget containing
     8  a complete plan of expenditures proposed to be made before the close  of
     9  the  ensuing  fiscal  year  and  all moneys and revenues estimated to be
    10  available therefor, together with an explanation of the  basis  of  such
    11  estimates  and recommendations as to proposed legislation, if any, which
    12  the governor may deem necessary to provide moneys  and  revenues  suffi-
    13  cient  to  meet  such  proposed expenditures. It shall also contain such
    14  other recommendations and information as the governor  may  deem  proper
    15  and  such  additional information as may be required by law.  The budget
    16  shall include statements of any new  legislation,  amendment  to  legis-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89004-01-1

        A. 1928                             2
 
     1  lation,  or limitation on the effect of any legislation contained in the
     2  budget.
     3    §  2.  Resolved (if the Senate concur), That section 3 of article 7 of
     4  the constitution be amended to read as follows:
     5    § 3. At the time of submitting  the  budget  to  the  legislature  the
     6  governor shall submit a bill or bills containing all the proposed appro-
     7  priations  and  reappropriations included in the budget and the proposed
     8  legislation, if any, recommended therein.
     9    The governor may at any time within thirty days thereafter  and,  with
    10  the consent of the legislature, at any time before the adjournment ther-
    11  eof,  amend  or supplement the budget and submit amendments to any bills
    12  submitted by him or her or submit supplemental bills.
    13    Any new legislation, amendment to legislation, or  limitation  on  the
    14  effect  of  any  legislation  contained in any bill submitted under this
    15  section shall be separately stated, in a manner to enable  the  legisla-
    16  ture  and the governor to act in relation to that matter under section 4
    17  of this article.
    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    §  3.  Resolved (if the Senate concur), That section 4 of article 7 of
    25  the constitution be amended to read as follows:
    26    § 4. The legislature may [not] alter an appropriation  bill  submitted
    27  by  the governor [except] to strike out or reduce items therein, [but it
    28  may] to add thereto items of appropriation, or to modify  or  substitute
    29  items of appropriation (including adding, deleting, modifying or substi-
    30  tuting  any  new legislation, amendment to legislation, or limitation on
    31  the effect of any legislation); provided that such additions,  modifica-
    32  tions,  and  substitutions are stated separately and distinctly from the
    33  original items of the bill and refer each to a single object or purpose.
    34  [None of the restrictions of  this  section,  however,  shall  apply  to
    35  appropriations for the legislature or judiciary.]
    36    Such  an  appropriation bill shall when passed by both houses be a law
    37  immediately without further action by the governor, except  that  appro-
    38  priations  for the legislature and judiciary and separate items added to
    39  and modifications or substitutions of the governor's bills by the legis-
    40  lature shall be subject to approval of the governor and  action  by  the
    41  legislature  as  provided in section 7 of article IV. Provided, however,
    42  that where a modification  or  substitution  by  the  legislature  is  a
    43  deletion  of new legislation, a deletion of an amendment to legislation,
    44  or a deletion of a limitation on the effect of any legislation,  any  of
    45  which were submitted by the governor under this article, it shall not be
    46  subject to approval of the governor.
    47    §  4.  Resolved (if the Senate concur), That section 5 of article 7 of
    48  the constitution be amended to read as follows:
    49    § 5. [Neither house of the] The legislature [shall] may  consider  any
    50  other  bill  making  an  appropriation [until all] whether or not it has
    51  acted on the appropriation bills submitted by the governor  [shall  have
    52  been  finally acted on by both houses, except on message from the gover-
    53  nor certifying to the necessity of  the  immediate  passage  of  such  a
    54  bill].
    55    §  5.  Resolved (if the Senate concur), That section 6 of article 7 of
    56  the constitution be amended to read as follows:

        A. 1928                             3
 
     1    § 6. Except for appropriations contained in the bills submitted by the
     2  governor and in a supplemental appropriation bill  for  the  support  of
     3  government,  no  appropriations  shall  be made except by separate bills
     4  each for a single object or purpose. All such  bills  and  such  supple-
     5  mental  appropriation  bill  shall be subject to the governor's approval
     6  and action by the legislature as provided in section 7 of article IV.
     7    No provision shall be embraced in any appropriation bill submitted  by
     8  the  governor  or  in  such  supplemental  appropriation  bill unless it
     9  relates specifically to some particular appropriation in the  bill,  and
    10  any  such  provision shall be limited in its operation to such appropri-
    11  ation.
    12    Any new legislation, amendment to legislation, or  limitation  on  the
    13  effect of any legislation contained in a supplemental appropriation bill
    14  under this section shall be separately stated, in a manner to enable the
    15  legislature  and  the  governor  to act in relation to that matter under
    16  section 7 of article IV, and shall be subject to the governor's approval
    17  and action by the legislature as provided in section 7 of article IV.
    18    § 6. Resolved (if the Senate concur), That the foregoing amendments be
    19  referred to the first regular legislative session  convening  after  the
    20  next  succeeding  general  election  of members of the assembly, and, in
    21  conformity with  section  1  of  article  19  of  the  constitution,  be
    22  published for 3 months previous to the time of such election.
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