senate Bill S46

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

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO JUDICIARY
  • 14 / Jan / 2011
    • TO ATTORNEY-GENERAL FOR OPINION
  • 27 / Apr / 2011
    • OPINION REFERRED TO JUDICIARY
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 09 / Jan / 2012
    • TO ATTORNEY-GENERAL FOR OPINION
  • 08 / Feb / 2012
    • OPINION REFERRED TO JUDICIARY

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A5929
Versions:
S46
Legislative Cycle:
2011-2012
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 ยงยง9 & 14, Constn
Versions Introduced in Previous Legislative Cycles:
2009-2010: S5284, A664
2007-2008: S3288, A8262

Sponsor 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.


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

                                   46

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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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