What's happening
This bill amends the state constitution to require that budget appropriation bills only contain funding items, with program rules and law changes proposed in separate, non-appropriation bills.
Why it matters
Separates funding from policy changes. By requiring appropriation bills to contain only funding items and not policy rules or law changes, this amendment would prevent major policy decisions from being inserted into budget bills—forcing lawmakers to debate and vote on program rules and reforms as standalone legislation.
Increases transparency and legislative scrutiny. With program conditions, rules, and statutory changes moved to separate non-appropriation bills, both legislators and the public would have a clearer view of how public funds are proposed to be used and what new policies are being considered, making the lawmaking process more open and accountable.
Limits executive power over the budget process. The governor would no longer be able to use budget bills to unilaterally change program rules or amend existing laws; any such changes would require passage of separate legislation, strengthening checks and balances between the executive and legislative branches.
May slow budget negotiations but improve oversight. While this approach could make the budget process more complex and time-consuming—since funding and policy changes must be debated separately—it could help prevent “policy-by-budget” and reduce last-minute, opaque additions to must-pass spending bills.
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Who cares
Headline styles
Clarify Budget Appropriation Rules
Plain English, a few words. Used as the page title.
Sponsors
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
960
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. GALLIVAN, BORRELLO, HELMING, OBERACKER, O'MARA, ORTT, TEDISCO -- 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 at the time of submission or consistent with proposed legislation intended to amend such existing 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89036-01-5
§ 6. Except for appropriations contained in the bills submitted by the governor and in a supplemental appropriation bill for the support of 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 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 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.
Section 3 sets forth the. effective date.
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
2023-24: S.4486 - Referred to Judiciary
2021-22: S.2072 - Referred to Judiciary
2019-20: S.3373 - Referred to Judiciary
2017-18: S.3852 - Referred to Judiciary 2015-16: S.4944 - Referred to Judiciary
2005-06: 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.