senate Bill S3644

2011-2012 Legislative Session

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

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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
Feb 08, 2012 opinion referred to judiciary
Jan 09, 2012 to attorney-general for opinion
Jan 04, 2012 referred to judiciary
Apr 27, 2011 opinion referred to judiciary
Mar 03, 2011 to attorney-general for opinion
Feb 28, 2011 referred to judiciary

Co-Sponsors

S3644 - Bill Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Add Art 7 ยง4-a, Constn
Versions Introduced in 2009-2010 Legislative Session:
S8410

S3644 - Bill Texts

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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.

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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.

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

                                  3644

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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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