Bill S46-2011

Requires no budget bill shall be passed unless it shall have been upon the desks of the members for at least ten days

Requires no budget bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, for at least ten calendar legislative days prior to its final passage; requires the finance committees of the senate and assembly to hold meetings on such budget bill during such ten day period.

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
  • Jan 14, 2011: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 5, 2011: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S46

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to sections 9 and 14 of article 3 of the constitution, in relation to the powers of each house and the manner of passing budget bills by the legislature

PURPOSE: Requires budget bills to age 10 days on members' desks before they may pass the house.

SUMMARY OF PROVISIONS: Adds a new paragraph to section 14 of article 3 of the constitution.

EXISTING LAW: Currently there is a three day aging period unless accompanied by a message of necessity by the governor.

JUSTIFICATION: The current budget process is effectively closed to public participation as well as participation by rank and file elected officials. The crucial time when bills are drafted before they are voted on sometimes lasts only a few hours. Printing bills and passing them on the same day is contrary to the intent of our constitutional framers. Our current system of government was not designed to be nimble and efficient, but rather it was designed to be cumbersome and tedious in its deliberations.

By providing for a ten day period whereby legislation can be scrutinized, legislators and the general public are given a chance to understand the full implications of the budget prior to its final adoption. There is strong need to shed light on the secretive budget process, currently hammered out by "three men in a room", who currently ensure that they are the only ones who know the full details of what's in the budget.

LEGISLATIVE HISTORY: 2010: S.5284 (Squadron) - Judiciary, A.664 (Kavanagh) - Ways and Means 2009: S.5284 (Squadron) - Judiciary, A.664 (Kavanagh) - Judiciary 2008: A.8262 (Kavanagh) - Judiciary 2007: A.8262 (Kavanagh) - Judiciary

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE: The amendment is referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 or article 19 of the constitution and published for 3 months previous to the time of such election.


Text

STATE OF NEW YORK ________________________________________________________________________ 46 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. SQUADRON -- 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 sections 9 and 14 of article 3 of the consti- tution, in relation to the powers of each house and the manner of passing budget bills by the legislature Section 1. Resolved (if the Assembly concur), That section 9 of arti- cle 3 of the constitution be amended to read as follows: S 9. A majority of each house shall constitute a quorum to do busi- ness. [Each] NOTWITHSTANDING THE PROVISIONS OF THIS ARTICLE, EACH house shall determine the rules of its own proceedings, and be the judge of the elections, returns and qualifications of its own members; shall choose its own officers; and the senate shall choose a temporary presi- dent and the assembly shall choose a speaker. S 2. Resolved (if the Assembly concur), That section 14 of article 3 of the constitution be amended to read as follows: S 14. No bill, EXCEPT A BUDGET BILL, shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the governor, or the acting governor, shall have certified, under his or her hand and the seal of the state, the facts which in his or her opinion necessitate an immediate vote thereon, in which case it must nevertheless be upon the desks of the members in final form, not necessarily printed, before its final passage; nor shall any bill be passed or become a law, except by the assent of a majority of the members elected to each branch of the legislature; and upon the last reading of a bill, no amendment thereof shall be allowed, and the question upon its final passage shall be taken immediately thereafter, and the ayes and nays entered on the journal. NO BUDGET BILL SHALL BE PASSED OR BECOME A LAW UNLESS IT SHALL HAVE BEEN PRINTED AND UPON THE DESKS OF THE MEMBERS, IN ITS FINAL FORM, AT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89002-01-1 S. 46 2 LEAST TEN CALENDAR LEGISLATIVE DAYS PRIOR TO ITS FINAL PASSAGE. DURING SUCH TEN CALENDAR LEGISLATIVE DAYS, THE FINANCE COMMITTEE OF EACH BRANCH OF THE LEGISLATURE SHALL HOLD JOINT CONFERENCE COMMITTEE MEETINGS REGARDING SUCH BUDGET BILL. S 3. 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 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.

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