Relates to items of appropriation

16 Co-sponsors

• Phil Boyle
• Thomas Croci
• John A. DeFrancisco
• Rich Funke
• Patrick M. Gallivan
• Joseph A. Griffo
• Kemp Hannon
• Betty Little
• Kathleen A. Marchione
• Jack M. Martins
• Terrence P. Murphy
• Thomas F. O'Mara
• Robert Ortt
• Susan Serino
• James L. Seward
• Catharine Young

BILL NUMBER:S4944

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to article 7 of the constitution, in relation to items of appropriation

Purpose

To ensure that the budget process as controlled by the Governor and acted upon by the Legislature is clearly itemized and sets forth fiscal matters and prevent the budget process from being used as a vehicle to circumvent existing statutory substantive non-fiscal law.

Summary of provisions

Section 1 of the resolution amends section 3 of article 7 of the New York state constitution by providing that the Governor's appropriation and reappropriation bills be constrained by existing law or by specific changes in law proposed and intended to amend existing law that may only be stated in separate legislation.

Section 2 of the resolution amends section 4 of article 7 of the Constitution by providing that the restrictions on the Legislature's ability to act on appropriation bills (the Legislature is limited to striking out, reducing or rejecting appropriations submitted by the Governor) apply only to those appropriations that comply with section 3 of article 7 as amended by this resolution. Moreover, the amendment further requires that the, Legislature, when passing an appropriation bill that contains additions to the Governor's submission, estimate the fiscal impact of such additions.

Section 3 of the resolution amends section 6 of article 7 of the Constitution to ensure that appropriation bills submitted by the governor only contains items of appropriations and that each item of appropriation: (1) is scheduled separately; (2) is, where possible, accompanied by the statutory basis for its appropriation; (3) does not, in and of itself, enact the conditions of a program to be funded; and (4) does not abrogate or modify existing provisions of law unless it is submitted in accord with section 3(a) of article 7.

Justification

The New York Court of Appeals in an opinion in two cases, Pataki v. Assembly (No. 171) and Silver v. Pataki (No. 172) (December 16, 2004), held that while the Governor "should not put into an appropriation bill essentially non-fiscal or non-budgetary legislation," should he so act, the Legislature had no remedies other than accepting, rejecting or reducing the dollar amount adjunct to such appropriation.

The court gave broad discretion to the Governor to bypass and, in effect, inactivate any part of New York's corpus of law if he took such action in the guise of an appropriation bill. The Executive has inserted vast, far-reaching policy initiatives in appropriation bills that at times have circumvented or bypassed then-existing substantive law which had been enacted in the usual bill enactment process.

Recent examples of including non fiscal policy matters into the budget include education reforms, criminal justice reforms and various other expansions or amendments to substantive State law. The traditional notions of "checks and balances" have been harmed and as a result, broad substantive changes in law are insulated from meaningful analysis, review, debate and amendment. This is a process which could not have been foreseen and was not the intent framers of New York's Constitution. This proposal reasserts the intent of our framers - a state government with limited power divided among three Co-Equal branches of Government.

Legislative history

2006: S.3195/A.4630 - Passed Senate/Passed Assembly

Fiscal implications

None.

Effective date

These amendments would take effect after approval of the voters by referendum.