Bill S1763-2011

Requires the legislature to convene daily if they do not timely pass a budget

Provides that if the legislature does not timely pass a budget, it shall convene daily until legislative passage of such budget.

Details

Actions

  • Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 12, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S1763

TITLE OF BILL: An act to amend the legislative law, in relation to requiring the legislature to convene daily if the legislative passage of the budget is not timely

PURPOSE: Requires the State Legislature to meet each day until passage of the budget when the budget is not enacted by the April 1 deadline.

SUMMARY OF PROVISIONS: Adds a new section 5-b to the Legislative Law which provides that after April 1, if the budget is not adopted, the Legislature shall convene every day.

EXISTING LAW: Current law provides that members of the Legislature do not get paid after April 1 if the budget has not been acted on by both the Senate and Assembly.

JUSTIFICATION: New York has failed to adopt its budget in a timely manner every year since 1984. This bill represents an effort to reform the process and be responsive to the needs of the people of New York State.

While politics cannot be legislated, this bill would attempt to create an atmosphere in which legislators would be required to meet in session each day -- including weekends -- until the budget impasse is resolved.

By requiring the Senate and the Assembly to convene every day from April 1 until a budget is adopted, it is the hope of this legislation that increased pressure, and attention, on the budget making process will achieve a more timely resolution to budgetary discussions.

LEGISLATIVE HISTORY: 2009-10: S.1127 - Referred to Investigations & Government Operations 2007-08: S.2909 - Referred to Investigations & Government Operations 2005-06: S.1402 - Referred to Investigations & Government Operations 2003-04: S.4739 - Referred to Investigations & Government Operations

FISCAL IMPLICATIONS: Undetermined. Daily legislative sessions would result in some cost to the state.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1763 2011-2012 Regular Sessions IN SENATE January 12, 2011 ___________
Introduced by Sens. PERKINS, DUANE, HASSELL-THOMPSON, KRUEGER, PARKER, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the legislative law, in relation to requiring the legis- lature to convene daily if the legislative passage of the budget is not timely THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The legislative law is amended by adding a new section 5-b to read as follows: S 5-B. ABSENT OF BUDGET BY THE NEW FISCAL YEAR, THE LEGISLATURE SHALL CONVENE DAILY. IF LEGISLATIVE PASSAGE OF THE BUDGET AS DEFINED IN SUBDI- VISION THREE OF SECTION FIVE OF THIS ARTICLE HAS NOT OCCURRED PRIOR TO THE FIRST DAY OF ANY FISCAL YEAR, EACH HOUSE OF THE LEGISLATURE SHALL CONVENE ON A DAILY BASIS UNTIL SUCH LEGISLATIVE PASSAGE OF THE BUDGET HAS OCCURRED. S 2. Subdivision 3 of section 5 of the legislative law, as added by chapter 635 of the laws of 1998, is amended to read as follows: 3. "Legislative passage of the budget", solely for the purposes of this section and [section] SECTIONS five-a AND FIVE-B of this article, shall mean that the appropriation bill or bills submitted by the gover- nor pursuant to section three of article seven of the state constitution have been finally acted on by both houses of the legislature in accord- ance with article seven of the state constitution and the state comp- troller has determined that such appropriation bill or bills that have been finally acted on by the legislature are sufficient for the ongoing operation and support of state government and local assistance for the ensuing fiscal year. In addition, legislation submitted by the governor pursuant to section three of article seven of the state constitution determined necessary by the legislature for the effective implementation of such appropriation bill or bills shall have been acted on. Nothing in this section shall be construed to affect the prohibition contained in section five of article seven of the state constitution. S 3. This act shall take effect immediately.

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