Bill S3061-2011

Relates to the procedural continuity of legislation during the two-year session

Provides that bills which have reached order of third reading but which shall not have been acted on by the house before the end of the first year of the two-year legislative session shall maintain its place on the order of third reading until the house shall act on such bill or until the end of the two-year legislative session unless such bill shall have been amended, in which case such bill may be referred back to a standing committee for reconsideration; sets forth exceptions for budget bills, bills requiring a home rule message, constitutional amendments and bills requiring a fiscal note.

Details

Actions

  • Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Feb 8, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S3061

TITLE OF BILL: An act to amend the legislative law, in relation to the continuity of legislative sessions

PURPOSE: Enhances the continuity of the two-year, legislative session by allowing all bills to "carryover" (keep their place on the legislative calendar between the first and second years of a session).

SUMMARY OF PROVISIONS: Relates to the procedural continuity of legislation during the two year session.

Section 1 declares the legislature's intent to create a continuous two-year "carryover" legislative session.

Section 2 adds a new section 42-a to the legislative law providing that during the second year of the two year session, bills will remain at the same place in the process as they were when the first year ended. The bill stipulates that:

1. A bill that passes one house of the legislature will automatically be sent to the appropriate committee of the other house for action, and that house may act on the bill at any time during the remainder of the two-year session.

2. No bill reported to the standing committee shall be referred back to that committee unless the bill is amended.

3. Every bill that reaches the order of third reading shall remain on that order until it is acted upon by that house or until the end of the two year session, unless the bill is amended and hence referred back to a standing committee.

4. These new provisions do not apply, however, to budget bills, bills requiring home rule messages, bills amending the New York State Retirement Program, or concurrent resolutions to amend the constitution.

JUSTIFICATION: Like most states, New York operates on a two-year legislative calendar. According to the National Conference of State Legislatures, 14 states including California, Massachusetts, Michigan, Ohio, Pennsylvania and Wisconsin use continuous two-year sessions. Unlike these states, however, New York disrupts the procedural continuity of bills at the end of the session's first year. In a system unique to New York, a house of the legislature must again pass in year two any bill it has passed in year one, if the other house did not act upon the bill. In addition, bill reported favorably out of committee, but not yet voted on by the full house, revert back to committee. In each second year of the two-year legislative session, the Senate and the Assembly reconsider and readopt hundreds of bills passed during the previous year because of these requirements.

This cumbersome process wastes time and money that could be spent on new state business. Unless a bill is amended, there is no reason to pass it twice during the same session. Carrying over bills between the first and the second years of session, without interruption, will stop the waste of legislative days spent reconsidering bills in committee and re-passing bills on the floor, and will give lawmakers and staff more time to conduct other important business. Creating a continuous two-year session is common sense government and will increase the efficiency and effectiveness of this government.

LEGISLATIVE HISTORY: S.2891 of 2009: Referred to Judiciary S.5514 of 2007: Referred to Investigations & Government Operations

FISCAL IMPLICATIONS: Savings from streamlining the legislative process.

EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date it become law; provided, that the Senate and Assembly shall, by concurrent resolution, adopt rules necessary to implement this act within twenty days after such act shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3061 2011-2012 Regular Sessions IN SENATE February 8, 2011 ___________
Introduced by Sens. BONACIC, DILAN, KRUEGER, O'MARA, OPPENHEIMER, VALE- SKY -- read twice and ordered printed, and when printed to be commit- ted to the Committee on Investigations and Government Operations AN ACT to amend the legislative law, in relation to the continuity of legislative sessions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature finds that while New York and most other states operate on two-year legislative calendars, only the legislature of the state of New York interrupts procedural continuity of legislation during the two-year session. This practice commonly requires the reconsideration and readoption of hundreds of bills during the second year which were previously considered and adopted during the first year. The legislature determines that this practice is usually unnecessary and expends time and taxpayer money which could be better spent addressing other important legislative busi- ness. The legislature therefore declares its intent to preserve the procedural continuity of all bills within the biennial legislative session. S 2. The legislative law is amended by adding a new section 42-a to read as follows: S 42-A. CONTINUITY OF LEGISLATIVE SESSIONS. 1. UPON PASSAGE OF A BILL BY ONE HOUSE OF THE LEGISLATURE, SUCH BILL SHALL AUTOMATICALLY BE SENT TO THE APPROPRIATE COMMITTEE IN THE OTHER HOUSE FOR ACTION ON SUCH BILL, WHERE THAT HOUSE MAY ACT ON THE BILL AT ANY TIME DURING THE REMAINDER OF THE BIENNIAL LEGISLATIVE SESSION. 2. NO BILL REPORTED BY A STANDING COMMITTEE OF THE SENATE OR ASSEMBLY SHALL BE REFERRED BACK TO THAT COMMITTEE UNLESS SUCH BILL SHALL HAVE BEEN AMENDED. 3. EVERY BILL WHICH SHALL HAVE REACHED THE ORDER OF THIRD READING BUT WHICH SHALL NOT HAVE BEEN ACTED ON BY THE HOUSE BEFORE THE END OF THE
FIRST YEAR OF THE TWO-YEAR LEGISLATIVE SESSION SHALL MAINTAIN ITS PLACE ON THE ORDER OF THIRD READING UNTIL THE HOUSE SHALL ACT ON SUCH BILL OR UNTIL THE END OF THE TWO-YEAR LEGISLATIVE SESSION UNLESS SUCH BILL SHALL HAVE BEEN AMENDED, IN WHICH CASE SUCH BILL MAY BE REFERRED BACK TO A STANDING COMMITTEE FOR RECONSIDERATION. 4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO BUDGET BILLS INTRODUCED BY THE GOVERNOR PURSUANT TO ARTICLE SEVEN OF THE CONSTITUTION, BILLS REQUIRING A HOME RULE MESSAGE FROM ONE OR MORE LOCAL GOVERNMENTS PURSUANT TO ARTICLE NINE OF THE CONSTITUTION, CONCURRENT RESOLUTIONS TO AMEND THE CONSTITUTION PURSUANT TO ARTICLE NINETEEN OF THE CONSTITUTION OR BILLS SUBJECT TO THE PROVISIONS OF SECTION FIFTY OF THIS ARTICLE. S 3. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law; provided, that the senate and assembly shall, by concurrent resolution, adopt rules neces- sary to implement this act within twenty days after such act shall have become a law.

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