Bill S1843-2011

Requires that the governor's article 7 appropriation bills be specifically itemized to assure accountability

Requires that the governor's appropriation and reappropriation budget bills be specifically itemized to assure accountability; provides that the purpose of such appropriations shall be specified in clear and plain language and shall refer to the commonly used name and the pertinent provisions of law; applies also to thirty-day amendments of the executive budget.

Details

Actions

  • Feb 8, 2012: OPINION REFERRED TO JUDICIARY
  • Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Apr 27, 2011: OPINION REFERRED TO JUDICIARY
  • Jan 19, 2011: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 13, 2011: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S1843

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 3 of article 7 of the constitution, in relation to requiring that the appropriations bills submitted to the legislature by the governor set forth with enough specificity each appropriation

PURPOSE: To ensure accountability of public funds by requiring that all appropriations bills be specifically itemized by the purpose for which the funds are to be used.

SUMMARY OF PROVISIONS: This resolution proposes a constitutional amendment (article 7, section 3) to ensure accountability of public funds by requiring that all appropriations bills be specifically itemized by the purpose for which the funds are to be used. The specifications must be in plain language and refer to the commonly used names of the programs that are to receive the funds and the provision of law authorizing them.

JUSTIFICATION: It has become common practice for state budget bills to appropriate funds in broad and vague categories that do not identify with any specificity or clarity what programs the funds are to be used for and the statutory authorization for the programs. Some bills, such as the legislative appropriations bills in particular, as couched in vague generalizations. The current system reduces the opportunity for legislators and the public to understand and provide meaningful input into the budget process. It also reduces accountability in the use of public funds.

LEGISLATIVE HISTORY: 04/07/09 REFERRED TO JUDICIARY 04/17/09 TO ATTORNEY-GENERAL FOR OPINION 05/08/09 OPINION REFERRED TO JUDICIARY 01/06/10 REFERRED TO JUDICIARY 01/12/10 TO ATTORNEY-GENERAL FOR OPINION 02/02/10 OPINION REFERRED TO JUDICIARY

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Resolved (if the concur), That the foregoing 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1843 2011-2012 Regular Sessions IN SENATE January 13, 2011 ___________
Introduced by Sens. OPPENHEIMER, DILAN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 3 of article 7 of the constitution, in relation to requiring that the appropriations bills submitted to the legislature by the governor set forth with enough specificity each appropriation Section 1. Resolved (if the Assembly concur), That section 3 of arti- cle 7 of the constitution be amended to read as follows: S 3. At the time of submitting the budget to the legislature the governor shall submit a bill or bills containing all the proposed appro- priations and reappropriations included in the budget and the proposed legislation, if any, recommended therein. ALL APPROPRIATIONS AND REAP- PROPRIATIONS SHALL BE SPECIFICALLY ITEMIZED BY THE PURPOSE FOR WHICH THEY MAY BE USED TO ENSURE ACCOUNTABILITY IN THE USE OF PUBLIC FUNDS. SUCH PURPOSES SHALL BE SPECIFIED IN CLEAR AND PLAIN LANGUAGE AND SHALL REFER TO BOTH THE COMMONLY USED NAMES OF THE PROGRAMS COVERED BY SUCH APPROPRIATIONS AND THE PROVISION OF LAW (IF ANY) AUTHORIZING THE PROGRAMS, ACTIVITIES, OR EXPENDITURES COVERED BY SUCH APPROPRIATIONS. 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. ALL APPROPRI- ATIONS AND REAPPROPRIATIONS, CONTAINED IN SUCH AMENDMENTS OR SUPPLE- MENTAL BILLS, SHALL BE SPECIFICALLY ITEMIZED BY THE PURPOSE FOR WHICH THEY MAY BE USED. SUCH PURPOSES SHALL BE SPECIFIED IN CLEAR AND PLAIN LANGUAGE AND SHALL REFER TO BOTH THE COMMONLY USED NAMES OF THE PROGRAMS COVERED BY SUCH APPROPRIATIONS AND THE PROVISION OF LAW (IF ANY) AUTHOR- IZING THE PROGRAMS, ACTIVITIES, OR EXPENDITURES COVERED BY SUCH APPRO- PRIATIONS. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89078-01-1 S. 1843 2 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. S 2. Resolved (if the Assembly concur), That the foregoing be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conform- ity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.

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