Relates to a timely state budget and the consideration of legislation other than budget bills and resolutions after the end of the state fiscal year.

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S2232-2013 Actions

• Feb 15, 2013: OPINION REFERRED TO JUDICIARY
• Jan 22, 2013: TO ATTORNEY-GENERAL FOR OPINION
• Jan 15, 2013: REFERRED TO JUDICIARY

S2232-2013 Memo

BILL NUMBER:S2232

TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 7 of the constitution, in relation
to a timely state budget

PURPOSE:  This constitutional amendment would provide for budget
reform in New York State.

SUMMARY OF PROVISIONS:

Section one of this bill would add a new Section 4-a to Article 7 of
the State Constitution, to provide as follows: * That the legislature
shall pass a state budget prior to the end of the state fiscal year;

* That in the event the legislature does not pass a state budget prior
to the end of the state fiscal year, both the assembly and the senate
shall remain in session, and shall not adjourn, until such time as the
legislature has passed a state budget and transmitted the same to the
governor;

* That if the legislature does not pass a state budget prior to the
end of the state fiscal year, after the end of such state fiscal year,
neither the senate nor the assembly shall pass any bill or resolution,
other than a resolution or bill passing the state budget, unless such
bill or resolution is to respond to a state emergency, and in such
case, such emergency bill or resolution shall require a two thirds
vote of all the members elected in each house in order to pass; and

* That neither the senate nor the assembly, after March 1st, shall
include in any budget bill or resolution, any bill, portion of a bill,
or substantial language or content from a bill, which was introduced
in either house of the state legislature during the current
legislative session, unless such bill, portion of a bill, or
substantial language or content from the bill was included within the
executive budget originally submitted to the legislature by the
governor.

JUSTIFICATION:  This Constitutional Amendment would provide for budget
reform in New York State.

It would require an on time budget to be passed by the legislature and
sent to the governor before the end of the state fiscal year.

It would provide that after the end of the state fiscal year, if no
budget has passed, that neither the senate nor the assembly could
adjourn, and must remain in session, until they have passed a state
budget and transmitted it to the governor.

It would further provide that after the end of the state fiscal year,
if no budget has passed, the legislature could not take up new bills
or resolutions (except for emergency measures which would require a
2/3 vote to pass) until they have passed a state budget and
transmitted it to the governor.


It would additionally provide that after March 1 neither the Senate
nor the Assembly could misuse the state budget to pass other
substantive, programmatic legislation, which has been otherwise
introduced as a bill before either house of the state legislature.

LEGISLATIVE HISTORY:  2011-12 - S. 3644 - Judiciary Committee.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  Upon passage by two separately elected Legislatures
and approval by the voters after such passage.

S2232-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2232

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 15, 2013
                                 ___________

  Introduced  by  Sens.  GRIFFO,  LARKIN,  RANZENHOFER  --  read twice and
    ordered printed, and when printed to be committed to the Committee  on
    Judiciary

              CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

  proposing  an amendment to article 7 of the constitution, in relation to
    a timely state budget

    Section 1. Resolved (if the Assembly concur), That article  7  of  the
  constitution be amended by adding a new section 4-a to read as follows:

    S  4-A.  THE LEGISLATURE SHALL PASS A STATE BUDGET PRIOR TO THE END OF
  THE STATE FISCAL YEAR.
    IN THE EVENT THE LEGISLATURE DOES NOT PASS A STATE BUDGET PRIOR TO THE
  END OF THE STATE FISCAL YEAR, BOTH THE ASSEMBLY  AND  THE  SENATE  SHALL
  REMAIN  IN SESSION, AND SHALL NOT ADJOURN, UNTIL SUCH TIME AS THE LEGIS-
  LATURE HAS PASSED A STATE BUDGET AND TRANSMITTED THE SAME TO THE  GOVER-
  NOR.
    IF  THE  LEGISLATURE  DOES NOT PASS A STATE BUDGET PRIOR TO THE END OF
  THE STATE FISCAL YEAR, AFTER THE END OF SUCH STATE FISCAL YEAR,  NEITHER
  THE  SENATE  NOR  THE  ASSEMBLY SHALL PASS ANY BILL OR RESOLUTION, OTHER
  THAN A RESOLUTION OR BILL PASSING THE STATE BUDGET, UNLESS SUCH BILL  OR
  RESOLUTION  IS  TO  RESPOND TO A STATE EMERGENCY, AND IN SUCH CASE, SUCH
  EMERGENCY BILL OR RESOLUTION SHALL REQUIRE A TWO-THIRDS VOTE OF ALL  THE
  MEMBERS ELECTED IN EACH HOUSE IN ORDER TO PASS.
    NEITHER  THE  SENATE NOR THE ASSEMBLY AFTER MARCH FIRST MAY INCLUDE IN
  ANY BUDGET BILL OR RESOLUTION, ANY BILL, PORTION OF A BILL, OR  SUBSTAN-
  TIAL  LANGUAGE  OR  CONTENT  FROM A BILL, WHICH WAS INTRODUCED IN EITHER
  HOUSE OF THE STATE LEGISLATURE DURING THE CURRENT  LEGISLATIVE  SESSION,
  UNLESS  SUCH BILL, PORTION OF A BILL, OR SUBSTANTIAL LANGUAGE OR CONTENT
  FROM THE BILL  WAS  INCLUDED  WITHIN  THE  EXECUTIVE  BUDGET  ORIGINALLY
  SUBMITTED TO THE LEGISLATURE BY THE GOVERNOR.
    S  2.  Resolved (if the Assembly concur), That the foregoing amendment
  be referred to the first regular legislative session convening after the
  next succeeding general election of the 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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD89078-01-3