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S3302Senate2019-2020 Session

Clarify Budget Appropriation Rules

Official title

“Relates to items of appropriation”

Sponsor Patrick M. GallivanSD-59+1 co-sponsorAffects Legal
Status
In Senate Committee
Judiciary
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill proposes constitutional amendments to require New York State budget appropriations to align with existing laws and separate policy changes into distinct nonappropriation bills.

Why it matters

  1. Limits the governor's budget bills to only appropriations and reappropriations that are consistent with existing state law. this aims to prevent policy changes from being slipped into budget bills, making the budgeting process more transparent and focused solely on funding.

  2. Requires any proposed policy changes or modifications to existing law to be introduced as separate, nonappropriation bills. this separation could make it easier for lawmakers and the public to scrutinize and debate policy changes without the pressure of budget deadlines.

  3. Mandates that appropriations bills contain clear descriptions and identification of statutory authority for each expenditure. , helping legislators and the public better understand what each appropriation is for and reducing the risk of vague or hidden spending.

  4. Prohibits using appropriation bills to alter, override, or introduce the conditions, rules, or requirements of funded programs. these details must be handled in separate legislation, potentially reducing executive overreach and increasing legislative oversight over policy changes.

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Who cares

Headline styles

Clarify Budget Appropriation Rules

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

1 Co-sponsor

History

  1. Opinion referred to judiciary
  2. To attorney-general for opinion
  3. Referred to judiciary
  4. Opinion referred to judiciary
  5. To attorney-general for opinion
  6. Referred to judiciary

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3302

2019-2020 Regular Sessions

IN SENATE

February 5, 2019

Introduced by Sen. GALLIVAN -- read twice and ordered printed, 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 article 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 thereof, 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 appearances 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.

LBD89105-01-9

S. 3302 2

government, no appropriations shall be made except by separate bills each for a single object or purpose. All such bills and such supplemental 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 submitted 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 identification 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

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

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 except for monetary amounts where appropriate, and that any other changes should be contained in a separate and distinct bill.

Section 2 of the resolution amends section 6 of article 7 of the Consti- tution to ensure that appropriation bills submitted by the governor only contains items of appropriations and that each item of appropriation specifically relates to some particular appropriation in the bill, iden- tifies the purpose of the appropriation, does not include requirements for implementation, and does not modify existing law.

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 amend- ments 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 amend- ment. 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

2017-08: S.3852 Referred to Judiciary 2016: S.4944 - Referred to Judiciary 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.