|
|
BUDGET RESOURCE PAGE:
Constitutional provisions pertaining to the Budget
Constitutional and statutory provisions pertaining to the
timeliness
Constitutional,
rule, and statutory provisions pertaining to openness
Senate & Assembly rules mandating memos, fiscal notes, impact
statements
Statutes pertaining to reappropriations -- & relevant constitutional
provisions
Statutory
and rule provisions pertaining to legislative budget schedule
Statutory and rule provisions pertaining to budget conference committees
Statutes pertaining to legislative budget hearings
Statutes mandating legislative reports on the budget
Senate & Assembly rules pertaining to oversight & annual
reports
Constitutional provisions pertaining to messages of necessity
See, also:
"Albany's
Dysfunction Denies Due Process"
click here for:
Rules Reform
Resource Page Budget Cases
Pataki v. Assembly & Senate
[Pataki] Assembly brief - August 12, 2004
Pataki v. Assembly & Senate
Silver v. Pataki
Rockefeller Institute --
New York State Bankers Association v. Wetzler
Winner v. Cuomo
Saxton v. Carey
Levitt v. Rockefeller
Hidley v.
Rockefeller
Tremaine 2
Tremaine I -----------------
See, also "The
Anti-Corruption Principle",
other relevant cases:
Bellacosa/Ct of Appeals:
Chapter 635 of the Laws of 1998 adds procedural
oil to this delicately calibrated mechanism. The Legislature, as a Branch of
government, must have "finally acted on" the appropriations submitted by the
Governor before individuallegislators may be paid. The inducement does not
require that the Legislature pass the Governor's budget; only that it pass a budget
(see, Senate Debate Transcripts, pp
6622–6629, 6625–6626, Bill Jacket, L 1998, ch 635). Just as the plaintiffs theorize about scenarios where the Governor may "force" legislators into budgetary submission, competing hypotheses may be composed. For example, the Legislature could simply have stricken some of the Governor's proposed appropriations and offered no additions of its own. The State would then have had an instant budget over which the Governor would have had no subsequent, separate, constitutionally assigned role."
dissent:
"where a budget is prepared in clear violation of a statutory or
constitutional mandate, it is subject to review by the courts
(see, Wein v Carey,
41 N.Y.2d 498; Matter of Block v Sprague,
285 N.Y. 69)." Block v. Sprague, 285 NY 69 (1941) Wein v. State of New York, 39 N.Y.2d 136 (1976) Wein v. Carey, 41 N.Y.2d 498 (1977) -- "constitutionally mandated and meticulously directed process (NY Const, art VII, §§ 1-4)" ---------------------------
VIDEO of NYS Senate Select Committee on Budget & Tax Reform's
December 17,
2009 hearing * * *
Governor Cuomo's April 13, 2016 press release "Governor Cuomo Vetoes 210 Legislative Additions to the 2016-2017 Legislative Budget" specifications of vetoes
Discovering the Hidden History of "Budget Reform" Senate passes budget reform legislation -- Catharine Young (Jan. 2007)
NEW YORK STATE GOVERNMENT
"The Constitution sets no date for budget adoption; under the State
Finance Law, the state’s fiscal year
begins on April 1." (at p. 259)
"The state’s fiscal year is set in statute (not the Constitution) as April 1 through March 31." (at p. 261) "The state Constitution does not specify when the budget must be adopted, but State Finance Law sets the fiscal year as April 1 through March 31." (at p. 264) Miscellaneous Historical Materials: October 5, 2011 video -- budget conference committees make a difference 2013 budget conference
click here for:
RECORD --
* * *
CJA's Budget-Related FOIL Requests -- 2016
CJA's
Budget-Related FOIL Requests -- 2018
The Legislature's
"Internal Control Responsibilities"
|
|
CJA Ho
|