Bill S6187-2013

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; sets forth exceptions for budget bills, bills requiring a home rule message, constitutional amendments and bills requiring a fiscal note.

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  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S6187

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

PURPOSE OR GENERAL IDEA OF BILL: This legislation will provide for continuity of legislative sessions by allowing bills that have been acted upon to retain their place on the calendar until acted upon by the house or until the end of the two-year legislative session.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill sets forth the legislative intent.

Section 2 of the bill amends the legislative law by adding a new section 42-a comprised of 4 sections: section 42-a 1 of the bill states that upon passage of a bill by one house of the legislature it shall be sent to the appropriate committee in the other house where that house may act on the bill at any time during the remaining biennial legislation session; section 42-a 2 states that no bill reported by a standing committee shall be referred back to that committee; section 42-a 3 states that every bill that has reached the order of third reading shall maintain its place on order of third reading until the house acts upon the bill or until the end of the two-year legislative session; section 42-a 4 states that the provisions of the bill will not apply to Article 7 budget bills, bills requiring a home rule message or concurrent resolutions to amend the constitution.

Section 3 of the bill sets forth an effective date on the first day of January next succeeding the date on which it shall have become a 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.

JUSTIFICATION: As stated in the legislative intent of the bill, New York is the only state that has a two-year legislative calendar which is procedurally interrupted at its midterm. The procedural interruption is caused when the legislature requires reconsideration and adoption of hundreds of bills previously adopted during the first year

This practice is unnecessarily burdensome in the use of time and resources and serves no legitimate purpose other than situations involving Article 7 budget bills, bills requiring a home rule message or concurrent resolutions to amend the constitution.

Therefore, it is a reasonable measure to allow bills that have previously been acted upon, other than those excluded from application of the bill, to be allowed to retain their place on the calendar until acted upon by the house or until the end of the two-year legislative session.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To Be Determined.

EFFECTIVE DATE: This act shall take on the first day of January next succeeding the date on which it shall have become a 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 ________________________________________________________________________ 6187 IN SENATE (PREFILED) January 8, 2014 ___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment 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. 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.
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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