Bill S3644-2011

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

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.

Details

Actions

  • Feb 8, 2012: OPINION REFERRED TO JUDICIARY
  • Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Apr 27, 2011: OPINION REFERRED TO JUDICIARY
  • Mar 3, 2011: TO ATTORNEY-GENERAL FOR OPINION
  • Feb 28, 2011: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S3644

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: S.8410 of 2010 - Rules Committee

FISCAL IMPLICATIONS: None noted.

EFFECTIVE DATE: 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 10 of the constitution, be" published for 3 months previous to the time of such election.


Text

STATE OF NEW YORK ________________________________________________________________________ 3644 2011-2012 Regular Sessions IN SENATE February 28, 2011 ___________
Introduced by Sens. GRIFFO, LARKIN, O'MARA, 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. LBD89075-01-1

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