S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2189
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 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 arti-
 cle 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 ther-
 eof,  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 appear-
 ances 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.
                                                            LBD89051-01-1

 S. 2189                             2
 
 government, no appropriations shall be made  except  by  separate  bills
 each  for  a  single  object or purpose. All such bills and such supple-
 mental 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 submit-
 ted 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 IDEN-
 TIFICATION  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.