S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5733
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. JOHNS, KOLB, FINCH, WALSH, PALUMBO, DiPIETRO,
   FITZPATRICK, RAIA, McDONOUGH, LALOR,  BLANKENBUSH,  NORRIS,  LAWRENCE,
   FRIEND,  STEC,  GIGLIO,  RA,  GOODELL,  MORINELLO,  B. MILLER, CROUCH,
   PALMESANO,   MONTESANO,   BRABENEC,   BYRNE,   MALLIOTAKIS,    HAWLEY,
   M. L. MILLER -- Multi-Sponsored by -- M. of A. THIELE -- read once and
   referred to the Committee on Ways and Means
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing  amendments to sections 1, 2 and 7 of article 7 of the consti-
   tution, in relation to providing for the establishment of  a  biennial
   budgeting system for the state replacing the state annual budget proc-
   ess
 
   Section  1. RESOLVED (if the Senate concur), That section 1 of article
 7 of the constitution be amended to read as follows:
   Section 1. For the preparation of the budget, the head of each depart-
 ment of state government, except the legislature  and  judiciary,  shall
 furnish  the governor such estimates and information in such form and at
 such times as the governor may require, copies of which shall  forthwith
 be  furnished  to  the  appropriate committees of the legislature.   The
 governor shall hold hearings thereon at which the governor  may  require
 the  attendance  of heads of departments and their subordinates.  Desig-
 nated representatives of such committees shall be entitled to attend the
 hearings thereon and to make inquiry concerning any part thereof.
   Itemized estimates of the financial needs of the  legislature,  certi-
 fied  by  the  presiding  officer  of  each house, and of the judiciary,
 approved by the court of appeals and certified by the chief judge of the
 court of appeals, shall be transmitted to the governor  not  later  than
 the first day of December in each year IMMEDIATELY PRECEDING THE YEAR IN
 WHICH  THE  GOVERNOR  TRANSMITS TO THE LEGISLATURE THE GOVERNOR'S BUDGET
 DOCUMENT for inclusion in the budget  without  revision  but  with  such
 recommendations as the governor may deem proper.  Copies of the itemized
 estimates  of  the financial needs of the judiciary also shall forthwith
 be transmitted to the appropriate committees of the legislature.   NOTH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89065-02-9

 A. 5733                             2
 
 ING  HEREIN  SHALL  PRECLUDE THE ALTERATION, BY LAW, OF THE EXPENDITURES
 DURING THE PERIOD OF TIME WHICH THE BUDGET SHALL HAVE BEEN ADOPTED FOR.
   §  2.  RESOLVED (if the Senate concur), That section 2 of article 7 of
 the constitution be amended to read as follows:
   § 2. [Annually] BIENNIALLY, on or before the first day of February  in
 each  year following the year fixed by the constitution for the election
 of governor and lieutenant governor, and on or before the second Tuesday
 following the first day of the annual meeting of the legislature, in all
 other ODD NUMBERED years, the governor shall submit to the legislature a
 budget containing a complete plan of expenditures proposed  to  be  made
 [before the close of the ensuing fiscal year] DURING THE NEXT TWO FISCAL
 YEARS  and  all  moneys and revenues estimated to be available therefor,
 together with an explanation of the basis of such estimates  and  recom-
 mendations  as  to  proposed legislation, if any, which the governor may
 deem necessary to provide moneys and revenues sufficient  to  meet  such
 proposed  expenditures. It shall also contain such other recommendations
 and information as the governor may  deem  proper  and  such  additional
 information as may be required by law.
   §  3.  RESOLVED (if the Senate concur), That section 7 of article 7 of
 the constitution be amended to read as follows:
   § 7. No money shall ever be paid out of the state treasury or  any  of
 its funds, or any of the funds under its management, except in pursuance
 of an appropriation by law; nor unless such payment be made within [two]
 FOUR  years  next after the passage of such appropriation act; and every
 such law making a new appropriation or continuing or reviving an  appro-
 priation,  shall distinctly specify the sum appropriated, and the object
 or purpose to which it is to be applied; and it shall not be  sufficient
 for such law to refer to any other law to fix such sum.
   §  4.   RESOLVED (if the Senate concur), That the foregoing amendments
 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 three months previous to the time of such election.