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1
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OPINION
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EXTRACTED KEY WORDS
LEGISLATURE BUDGET GOVERNOR APPROPRIATION BILLS YORK STATE LEGISLATION STANDING VOTE LEGISLATOR PLAINTIFF COURT MEMBER CONSTITUTION CAPACITY POWER PROVISIONS SHELDON SILVER NY2D NON-APPROPRIATION VOTE NULLIFICATION SUPREME COURT BUDGET PROCESS RESOLUTION RESPONSIBILITY INDIVIDUAL LEGISLATOR VOTING BLOC RESPONDENT PUBLIC HEARINGS INTERNAL NEGOTIATIONS |
1 No. 94
Sheldon Silver, &c.,
Appellant,
v.
George E. Pataki, Governor, &c.,
Respondent.
_________________________________________________________________
2001 NY Int. 99
July 10, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Steven Alan Reiss, for appellant.
Max R. Shulman, for respondent.
_________________________________________________________________
PER CURIAM:
In January 1998, defendant Governor George E. Pataki submitted his
Executive budget to the houses of the New York State Legislature,
along with several budget bills. Some of the bills submitted
appropriated monies while others detailed the utilization of
appropriated funds or proposed changes in the operation of certain
programs. After public hearings and internal negotiations between
houses, the Legislature passed and transmitted to the Governor six
appropriation bills and three "non-appropriation" bills,(1) which
struck out or reduced certain appropriations proposed by the Governor,
while adding new appropriations and directives. In addition to vetoing
several provisions in the appropriation bills, the Governor exercised
his line-item veto power 55 times to remove provisions from the "non-
appropriation" bills.
Plaintiff -- as "Member and Speaker, New York State Assembly"(2) --
commenced this action, asserting that while the Governor has the
constitutional right to veto line items in an appropriation bill, he
has no similar right to veto items in "non-appropriation" bills, which
must be approved or rejected in their entirety. The Speaker seeks a
declaration that the 55 vetoes violated article IV, § 7 of the New
York Constitution, and that legislation relating to the budget that
does not appropriate money is not subject to the line-item veto power.
The Governor contends that the bills in question were part of the
budget process and contained items of appropriation subject to his
line- item veto.
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