senate Bill S1763

2011-2012 Legislative Session

Requires the legislature to convene daily if they do not timely pass a budget

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to investigations and government operations
Jan 12, 2011 referred to investigations and government operations

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S1763 - Bill Details

Current Committee:
Law Section:
Legislative Law
Laws Affected:
Add §5-b, amd §5, Leg L
Versions Introduced in 2009-2010 Legislative Session:
S1127

S1763 - Bill Texts

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Provides that if the legislature does not timely pass a budget, it shall convene daily until legislative passage of such budget.

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BILL NUMBER:S1763

TITLE OF BILL:
An act
to amend the legislative law, in relation to requiring the legislature
to convene daily if the legislative passage of the budget is not timely

PURPOSE:
Requires the State Legislature to meet each day until passage
of the budget when the budget is not enacted by the April 1 deadline.

SUMMARY OF PROVISIONS:
Adds a new section 5-b to the Legislative Law which provides
that after April 1, if the budget is not adopted, the Legislature
shall convene every day.

EXISTING LAW:
Current law provides that members of the Legislature do
not get paid after April 1 if the budget has not been acted on by
both the Senate and Assembly.

JUSTIFICATION:
New York has failed to adopt its budget in a timely
manner every year since 1984. This bill represents an effort to
reform the process and be responsive to the needs of the people of
New York State.

While politics cannot be legislated, this bill would attempt to
create an atmosphere in which legislators would be required to meet
in session each day -- including weekends -- until the budget impasse
is resolved.

By requiring the Senate and the Assembly to convene every day from
April 1 until a budget is adopted, it is the hope of this legislation
that increased pressure, and attention, on the budget making process
will achieve a more timely resolution to budgetary discussions.

LEGISLATIVE HISTORY:
2009-10: S.1127 - Referred to Investigations & Government Operations
2007-08: S.2909 - Referred to Investigations & Government Operations
2005-06: S.1402 - Referred to Investigations & Government Operations
2003-04: S.4739 - Referred to Investigations & Government Operations

FISCAL IMPLICATIONS:
Undetermined. Daily legislative sessions would
result in some cost to the state.

EFFECTIVE DATE:
Immediately.

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

                                  1763

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by  Sens. PERKINS, DUANE, HASSELL-THOMPSON, KRUEGER, PARKER,
  SERRANO -- read twice and ordered printed,  and  when  printed  to  be
  committed to the Committee on Investigations and Government Operations

AN ACT to amend the legislative law, in relation to requiring the legis-
  lature  to  convene  daily if the legislative passage of the budget is
  not timely

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The legislative law is amended by adding a new section 5-b
to read as follows:
  S 5-B. ABSENT OF BUDGET BY THE NEW FISCAL YEAR, THE LEGISLATURE  SHALL
CONVENE DAILY. IF LEGISLATIVE PASSAGE OF THE BUDGET AS DEFINED IN SUBDI-
VISION  THREE  OF SECTION FIVE OF THIS ARTICLE HAS NOT OCCURRED PRIOR TO
THE FIRST DAY OF ANY FISCAL YEAR, EACH HOUSE OF  THE  LEGISLATURE  SHALL
CONVENE  ON  A  DAILY BASIS UNTIL SUCH LEGISLATIVE PASSAGE OF THE BUDGET
HAS OCCURRED.
  S 2. Subdivision 3 of section 5 of the legislative law,  as  added  by
chapter 635 of the laws of 1998, is amended to read as follows:
  3.  "Legislative  passage  of  the budget", solely for the purposes of
this section and [section] SECTIONS five-a AND FIVE-B of  this  article,
shall  mean that the appropriation bill or bills submitted by the gover-
nor pursuant to section three of article seven of the state constitution
have been finally acted on by both houses of the legislature in  accord-
ance  with  article  seven of the state constitution and the state comp-
troller has determined that such appropriation bill or bills  that  have
been  finally acted on by the legislature are sufficient for the ongoing
operation and support of state government and local assistance  for  the
ensuing  fiscal year. In addition, legislation submitted by the governor
pursuant to section three of article seven  of  the  state  constitution
determined necessary by the legislature for the effective implementation
of such appropriation bill or bills shall have been acted on. Nothing in
this  section  shall be construed to affect the prohibition contained in
section five of article seven of the state constitution.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06898-01-1

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