Senate Bill S453A

2011-2012 Legislative Session

Provides for the establishment of a biennial budgeting system for the state of New York replacing the state annual budget process

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2012	to attorney-general for opinion
Jan 04, 2012	referred to judiciary
May 26, 2011	to attorney-general for opinion
Apr 27, 2011	opinion referred to judiciary
Apr 12, 2011	reported and committed to finance
Apr 05, 2011	print number 453a
Apr 05, 2011	amend (t) and recommit to judiciary
Mar 18, 2011	notice of committee consideration - requested
Jan 14, 2011	to attorney-general for opinion
Jan 05, 2011	referred to judiciary

Votes

- Apr 12, 2011 - Judiciary Committee Vote
  S453A
  
  Aye
  
  12
  
  Nay
  
  4
  
  Aye with Reservations
  
  6
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Judiciary Committee Vote: Apr 12, 2011
      
      aye (12)
      
      Adams
      
      Bonacic
      
      Breslin
      
      Espaillat
      
      Flanagan
      
      Gianaris
      
      Hassell-Thompson
      
      Krueger
      
      Perkins
      
      Serrano
      
      Stavisky
      
      Zeldin
      
      nay (4)
      
      Fuschillo
      
      LaValle
      
      Lanza
      
      Saland
      
      aye wr (6)
      
      DeFrancisco
      
      Dilan
      
      Little
      
      Nozzolio
      
      O'Mara
      
      Ranzenhofer
      
      excused (1)
      
      Squadron

Bill Amendments

Original

A (Active)

co-Sponsors

2011-S453 - Details

See Assembly Version of this Bill:: A3163
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 7 §§1, 2 & 7, Constn
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7160, A10326
2013-2014: S3448
2015-2016: S2671
2017-2018: S3333, S6386
2019-2020: S1271, S2731
2021-2022: S1334
2023-2024: S2014
2025-2026: S2221

2011-S453 - Summary

Provides for the establishment of a biennial budgeting system for the state of New York replacing the state annual budget process.

2011-S453 - Sponsor Memo

                                BILL NUMBER:S453                REVISED 05/03/10

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to sections 1, 2, 3 and 7 of article 7 of the
constitution, in relation to providing for the establishment of a
biennial budgeting system for the state replacing the state annual
budget process

PURPOSE:
This resolution proposes to amend Sections 1, 2, 3 and 7 of Article 7
of the Constitution. It would provide for the establishment of a
biennial budgeting process for the State that would replace the
State's annual process.

SUMMARY OF PROVISIONS:
Under this legislation, every two years, the Governor would be
required to submit to the Legislature a document setting forth a
financial program for the ensuing biennium. The Governor would be
required to submit this two-year fiscal plan in odd-numbered years by
the second Tuesday following the first day of the annual meeting of
the Legislature, or the third Tuesday following the first day of the
annual meeting of the Legislature following the year of a
constitutionally-mandated election of Governor and Lieutenant Governor.

To implement a biennial budgeting process through a constitutional

amendment, two separately-elected Legislatures are required to pass
this concurrent resolution in consecutive sessions. Following passage
by these two full Legislatures, this measure would require public
approval in a statewide referendum.

EXISTING LAW:;
Under Article 7 of the Constitution, the Governor is annually required
to submit to the Legislature a financial plan for the ensuing fiscal
year. The Governor must submit this document on or before the first
day of February in each year following the year fixed by the
Constitution for the election of Governor and Lieutenant Governor,
and on or before the second Tuesday following the first day of the
annual meeting of the Legislature.

JUSTIFICATION:
Too often in New York State's financial planning process, lawmakers'
emphasis falls squarely on doing whatever is necessary to pass a
budget without a disciplined analysis and consideration of the
State's long-term
fiscal position. While these decisions have enabled the state to
continue operating for another fiscal year, they also continued to
weaken the state's financial stability.

A biennial budgeting process would force lawmakers to acknowledge that
the one-shots, spending increases and other actions taken in one year
will have consequences in the next year. This legislation proposes to
require the Governor to submit to the Legislature an Executive Budget
for the ensuing two years. This cycle would also provide legislators
with more time over each 24 month period to debate and consider
non-fiscal policy matters important to New Yorkers.


In an August 2009 report comparing annual and biennial budgeting, the
National Conference of State Legislatures stated, "Biennial budgeting
represents a commitment of policy direction and funding amounts for a
longer period than annual budgeting." Biennial budgeting should also
reduce Executive branch costs of preparing a budget because two
years' worth of financial planning activities would consolidated into
one.
Nationwide, 20 states operate on two-year budget cycles. out of these
states with biennial budget cycles, 15 of them have annual
legislative sessions similar to New York's legislative cycle.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Resolved (if the Assembly concur), That the foregoing amendments 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 three months previous to the time of such election.

2011-S453 - Bill Text download pdf

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

                                   453

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. KRUEGER, MONTGOMERY, SERRANO, VALESKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing amendments to sections 1, 2, 3 and  7  of  article  7  of  the
  constitution,  in  relation  to  providing  for the establishment of a
  biennial budgeting system for the state  replacing  the  state  annual
  budget process

  Section  1. RESOLVED (if the Assembly concur), That section 1 of arti-
cle 7 of the constitution be amended to read as follows:
  Section 1. For the preparation of the budget, the head of each depart-
ment of state government, except the legislature  and  judiciary,  shall
furnish  the governor such estimates and information in such form and at
such times as the governor may require, copies of which shall  forthwith
be  furnished  to  the  appropriate committees of the legislature.   The
governor shall hold hearings thereon at which the governor  may  require
the  attendance  of heads of departments and their subordinates.  Desig-
nated representatives of such committees shall be entitled to attend the
hearings thereon and to make inquiry concerning any part thereof.
  Itemized estimates of the financial needs of the  legislature,  certi-
fied  by  the  presiding  officer  of  each house, and of the judiciary,
approved by the court of appeals and certified by the chief judge of the
court of appeals, shall be transmitted to the governor  not  later  than
the first day of December in each year IMMEDIATELY PRECEDING THE YEAR IN
WHICH  THE  GOVERNOR  TRANSMITS TO THE LEGISLATURE THE GOVERNOR'S BUDGET
DOCUMENT for inclusion in the budget  without  revision  but  with  such
recommendations as the governor may deem proper.  Copies of the itemized
estimates  of  the financial needs of the judiciary also shall forthwith
be transmitted to the appropriate committees of the legislature.
  S 2. RESOLVED (if the Assembly concur), That section 2 of article 7 of
the constitution be amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD89013-01-1

S. 453                              2

  S 2. [Annually, on or before the first day of February  in  each  year
following  the year fixed by the constitution for the election of gover-
nor and lieutenant governor, and on or before the second Tuesday follow-
ing the first day of the annual meeting of the legislature, in all other
years]  BIENNIALLY,  ON OR BEFORE THE SECOND TUESDAY FOLLOWING THE FIRST
DAY OF THE ANNUAL MEETING OF THE LEGISLATURE, EXCEPT FOLLOWING THE  YEAR
FIXED  BY  THE  CONSTITUTION FOR THE ELECTION OF GOVERNOR AND LIEUTENANT
GOVERNOR, WHICH SHALL BE THE THIRD TUESDAY FOLLOWING THE  FIRST  DAY  OF
THE  ANNUAL  MEETING  OF  THE LEGISLATURE, AND IN ALL OTHER ODD NUMBERED
YEARS, the governor shall submit to the legislature a budget [containing
a complete plan of expenditures proposed to be made before the close  of
the  ensuing  fiscal  year  and  all moneys and revenues estimated to be
available therefor, together with an explanation of the  basis  of  such
estimates  and recommendations as to proposed legislation, if any, which
the governor may deem necessary to provide moneys  and  revenues  suffi-
cient  to  meet  such  proposed expenditures. It shall also contain such
other recommendations and information as the governor  may  deem  proper
and  such  additional  information  as  may be required by law] DOCUMENT
SETTING FORTH A FINANCIAL PROGRAM FOR THE ENSUING BIENNIUM.
  S 3.  RESOLVED (if the Assembly concur), That section 3 of  article  7
of the constitution be amended to read as follows:
  S  3.  At  the  time  of  submitting the budget to the legislature the
governor shall submit a bill or bills containing all the proposed appro-
priations and reappropriations included in the budget and  the  proposed
legislation, if any, recommended therein.
  The governor may at any time within [thirty] TWENTY-ONE days thereaft-
er  and,  with  the  consent  of the legislature, at any time before the
adjournment thereof, amend or supplement the budget  and  submit  amend-
ments to any bills submitted by him or her or submit supplemental bills.
  The governor and the heads of departments shall have the right, and it
shall  be  the duty of the heads of departments when requested by either
house of the legislature or an appropriate committee thereof, to  appear
and  be heard in respect to the budget during the consideration thereof,
and to answer inquiries relevant thereto. The procedure for such appear-
ances and inquiries shall be provided by law.
  S 4.  RESOLVED (if the Assembly concur), That section 7 of  article  7
of the constitution be amended to read as follows:
  S  7.  No money shall ever be paid out of the state treasury or any of
its funds, or any of the funds under its management, except in pursuance
of an appropriation by law; nor unless such payment be made within [two]
FOUR years next after the passage of such appropriation act;  and  every
such  law making a new appropriation or continuing or reviving an appro-
priation, shall distinctly specify the sum appropriated, and the  object
or  purpose to which it is to be applied; and it shall not be sufficient
for such law to refer to any other law to fix such sum.
  S 5.  RESOLVED (if the Assembly concur), That the foregoing amendments
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 three months previous to the time of such election.

co-Sponsors

2011-S453A (ACTIVE) - Details

See Assembly Version of this Bill:: A3163
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 7 §§1, 2 & 7, Constn
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7160, A10326
2013-2014: S3448
2015-2016: S2671
2017-2018: S3333, S6386
2019-2020: S1271, S2731
2021-2022: S1334
2023-2024: S2014
2025-2026: S2221

2011-S453A (ACTIVE) - Summary

Provides for the establishment of a biennial budgeting system for the state of New York replacing the state annual budget process.

2011-S453A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S453A

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to sections 1, 2 and 7 of article 7 of the
constitution, in relation to providing for the establishment of a
biennial budgeting system for the state replacing the state annual
budget process

PURPOSE:
This resolution proposes to amend sections 1, 2 and 7 of Article 7 of
the constitution. It would provide for the establishment of a
biennial budgeting process for the state that would replace the
State's annual process.

SUMMARY OF PROVISIONS:
Under this legislation, every two years, the Governor would be
required to submit to the Legislature a document setting forth a
financial program for the ensuing biennium. The Governor would be
required to submit this two-year fiscal plan in odd-numbered years by
the second Tuesday following the first day of the annual meeting of
the Legislature, or the third Tuesday following the first day of the
annual meeting of the Legislature following the year of a
constitutionally-mandated election of Governor and Lieutenant Governor.

To implement a biennial budgeting process through a constitutional

amendment, two separately-elected Legislatures are required to pass
this concurrent resolution in consecutive sessions. Following passage
by these two full Legislatures, this measure would require public
approval in a statewide referendum.

EXISTING LAW:
Under Article 7 of the Constitution, the Governor is annually required
to submit to the Legislature a financial plan for the ensuing fiscal
year. The Governor must submit this document on or before the first
day of February in each year following the year fixed by the
constitution for the election of Governor and Lieutenant Governor,
and on or before the second Tuesday following the first day of the
annual meeting of the Legislature.

JUSTIFICATION:
Too often in New York State's financial planning process, lawmakers'
emphasis falls squarely on doing whatever is necessary to pass a
budget without a disciplined analysis and consideration of the
state's long-term fiscal position. While these decisions have enabled
the state to
continue operating for another fiscal year, they also continued to
weaken the state's financial stability.

A biennial budgeting process would force lawmakers to acknowledge that
the one-shots, spending increases and other actions taken in one year
will have consequences in the next year. This legislation proposes to
require the Governor to submit to the Legislature an Executive Budget
for the ensuing two years. This cycle would also provide legislators


with more time over each 24 month period to debate and consider
non-fiscal policy matters important to New Yorkers.

In an August 2009 report comparing annual and biennial budgeting, the
National Conference of State Legislatures stated, "Biennial budgeting
represents a commitment of policy direction and funding amounts for a
longer period than annual budgeting." Biennial budgeting should also
reduce Executive branch costs of preparing a budget because two
years' worth of financial planning activities would consolidated into
one.
Nationwide, 20 states operate on two-year budget cycles. out of these
states with biennial budget cycles, 15 of them have annual
legislative sessions similar to New York's legislative cycle.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Resolved (if the Assembly concur), That the foregoing amendments 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 three months previous to the time of such election.

2011-S453A (ACTIVE) - Bill Text download pdf

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

                                 453--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. KRUEGER, MONTGOMERY, SERRANO, VALESKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Judiciary -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing  amendments to sections 1, 2 and 7 of article 7 of the consti-
  tution, in relation to providing for the establishment of  a  biennial
  budgeting system for the state replacing the state annual budget proc-
  ess

  Section  1. RESOLVED (if the Assembly concur), That section 1 of arti-
cle 7 of the constitution be amended to read as follows:
  Section 1. For the preparation of the budget, the head of each depart-
ment of state government, except the legislature  and  judiciary,  shall
furnish  the governor such estimates and information in such form and at
such times as the governor may require, copies of which shall  forthwith
be  furnished  to  the  appropriate committees of the legislature.   The
governor shall hold hearings thereon at which the governor  may  require
the  attendance  of heads of departments and their subordinates.  Desig-
nated representatives of such committees shall be entitled to attend the
hearings thereon and to make inquiry concerning any part thereof.
  Itemized estimates of the financial needs of the  legislature,  certi-
fied  by  the  presiding  officer  of  each house, and of the judiciary,
approved by the court of appeals and certified by the chief judge of the
court of appeals, shall be transmitted to the governor  not  later  than
the first day of December in each year IMMEDIATELY PRECEDING THE YEAR IN
WHICH  THE  GOVERNOR  TRANSMITS TO THE LEGISLATURE THE GOVERNOR'S BUDGET
DOCUMENT for inclusion in the budget  without  revision  but  with  such
recommendations as the governor may deem proper.  Copies of the itemized
estimates  of  the financial needs of the judiciary also shall forthwith
be transmitted to the appropriate committees of the legislature.   NOTH-

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

                                                           LBD89013-04-1

S. 453--A                           2

ING  HEREIN  SHALL  PRECLUDE THE ALTERATION, BY LAW, OF THE EXPENDITURES
DURING THE PERIOD OF TIME WHICH THE BUDGET SHALL HAVE BEEN ADOPTED FOR.
  S 2. RESOLVED (if the Assembly concur), That section 2 of article 7 of
the constitution be amended to read as follows:
  S  2. [Annually] BIENNIALLY, on or before the first day of February in
each year following the year fixed by the constitution for the  election
of governor and lieutenant governor, and on or before the second Tuesday
following the first day of the annual meeting of the legislature, in all
other ODD NUMBERED years, the governor shall submit to the legislature a
budget  containing  a  complete plan of expenditures proposed to be made
[before the close of the ensuing fiscal year] DURING THE NEXT TWO FISCAL
YEARS and all moneys and revenues estimated to  be  available  therefor,
together  with  an explanation of the basis of such estimates and recom-
mendations as to proposed legislation, if any, which  the  governor  may
deem  necessary  to  provide moneys and revenues sufficient to meet such
proposed expenditures. It shall also contain such other  recommendations
and  information  as  the  governor  may deem proper and such additional
information as may be required by law.
  S 3.  RESOLVED (if the Assembly concur), That section 7 of  article  7
of the constitution be amended to read as follows:
  S  7.  No money shall ever be paid out of the state treasury or any of
its funds, or any of the funds under its management, except in pursuance
of an appropriation by law; nor unless such payment be made within [two]
FOUR years next after the passage of such appropriation act;  and  every
such  law making a new appropriation or continuing or reviving an appro-
priation, shall distinctly specify the sum appropriated, and the  object
or  purpose to which it is to be applied; and it shall not be sufficient
for such law to refer to any other law to fix such sum.
  S 4.  RESOLVED (if the Assembly concur), That the foregoing amendments
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 three months previous to the time of such election.

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Senate Bill S453A

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Votes

Apr 12, 2011 - Judiciary Committee Vote

Judiciary Committee Vote: Apr 12, 2011

Bill Amendments

co-Sponsors

2011-S453 - Details

2011-S453 - Summary

2011-S453 - Sponsor Memo

2011-S453 - Bill Text download pdf

co-Sponsors

2011-S453A (ACTIVE) - Details

2011-S453A (ACTIVE) - Summary

2011-S453A (ACTIVE) - Sponsor Memo

2011-S453A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Votes

Bill Amendments

co-Sponsors

2011-S453 - Details

2011-S453 - Summary

2011-S453 - Sponsor Memo

2011-S453 - Bill Text download pdf

co-Sponsors

2011-S453A (ACTIVE) - Details

2011-S453A (ACTIVE) - Summary

2011-S453A (ACTIVE) - Sponsor Memo

2011-S453A (ACTIVE) - Bill Text download pdf

Comments