Proposed Legislative Amendment on Spending Cap

Amendment Purpose: 
1967 Constitutional Convention Amendment: Requires a budget to be submitted 60 days before the fiscal year
Summary of Amendment: 
  • Continues powers of legislature over appropriations and state budget procedures.

Article X

State Taxation and Finance

Section 1. This article governs the financial management of the state. In the field of taxation, it prohibits the surrender, suspension or contracting away of the state's power to tax, and continues the present prohibition against the alteration or repeal of exemptions granted to religious, educational and charitable institutions. It retains the prohibitions against excise or ad valorem taxation of intangible personal property, taxation of undistributed profits, and discriminatory taxation of banking corporations.

Section 2. The article sets forth the procedure for the submission by the governor of budgets to the legislature and its action thereupon.

Legislative Amendment Text: 

Article X

State Taxation and Finance

§ 5 The heads of all departments of the state shall annually furnish to the governor, in the form and at the time designated by him, such estimates and information as he may require in the preparation of the budget. Copies of such estimates and information shall be furnished forthwith to the appropriate committees of the legislature. Estimates of the financial needs of the legislature, certified by the presiding officer of each house, and of the judiciary, certified by a majority of the judges of the court of appeals, shall be transmitted to the governor, on or before the date provided by law, for inclusion in the budget without revision.

Legislative History: 

In 1967, the New York State Constitutional Convention proposed a whole new Constitution that contained this provision and these changes to a vote of the people of the State of New York at the General Election asking "Shall the proposed new Constitution, adopted by the Constitutional Convention, and the Resolution submitting same, be approved?"  The Constitution as a whole was voted down by the people, which included these changes. 

Learn more on our page devoted to the 1967 Convention.  The Proceedings of the Convention are available from the New York State Library and you can download; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: initial; background-position: 100% 50%; background-repeat: no-repeat no-repeat; "> a PDF copy of the Constitution proposed by the 1967 Constitutional Convention.




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