senate Bill S2041

2013-2014 Legislative Session

Relates to the procedural continuity of legislation during the two-year session

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jan 09, 2013 referred to investigations and government operations

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S2041 - Bill Details

See Assembly Version of this Bill:
A6394
Current Committee:
Senate Investigations And Government Operations
Law Section:
Legislative Law
Laws Affected:
Add ยง42-a, Leg L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3061, A4694
2009-2010: S2891, A6073

S2041 - Bill Texts

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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 unless such bill shall have been amended, in which case such bill may be referred back to a standing committee for reconsideration; sets forth exceptions for budget bills, bills requiring a home rule message, constitutional amendments and bills requiring a fiscal note.

view sponsor memo
BILL NUMBER:S2041

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

PURPOSE: Enhances the continuity of the two-year, legislative session
by allowing all bills to "carry over" (keep their place on the legisla-
tive calendar between the first and second years of a session).

SUMMARY OF PROVISIONS: Section 1: Legislative intent.

Section 2: Amends the Legislative Law by adding a new section 42-a which
provides that during. the second year of the two year session, bills
will remain at the same place in the process as they were when the first
year ended. This section stipulates that:

1. A bill that passes one house of the legislature will automatically be
sent to the appropriate committee of the other house for action, and
that house may act on the bill at any time during the remainder of the
two-year session.

2. No bill reported to the standing committee shall be referred back to
that committee unless the bill is amended.

3. Every bill that reaches the order of third reading shall remain on
that order until it is acted upon by that house or until the end of the
two year session, unless the bill is amended and hence referred back to
a standing committee.

4. These new provisions do not apply, however, to budget bills, bills
requiring home rule messages, bills amending the New York State Retire-
ment Program, or concurrent resolutions to amend the constitution.

Section 3: Effective date.

JUSTIFICATION: Like most states. New York operates on a two-year legis-
lative calendar. In New York, a house of the legislature must again pass
in year two any bill it has passed in year one, if the other house did
not act upon the bill. In addition, bills reported favorably out of
committee, but not yet voted on by the full house, revert back to
committee. In each second year of the two-year legislative session, the
Senate and the Assembly reconsider and readopt hundreds of bills passed
during the previous year because of these requirements.

This cumbersome process wastes time and money that could be spent on new
state business. Unless a bill is amended, there is no reason to pass it
twice during the same session. Carrying over bills between the first and
the second years of session, without interruption, will stop the waste
of legislative days spent reconsidering bills in committee and re-pass-
ing bills on the floor, and will give lawmakers and staff more time to
conduct other important business. Creating a continuous two-year session

is common sense government and will increase the efficiency and effec-
tiveness of this government.

LEGISLATIVE HISTORY: S.3061 of 2012: Died in Senate Investigations and
Gov. Operations, Died in Assembly Rules
S.3061 of 2011: Died in Senate Investigations and Gov. Operations, Died
in Assembly Gov. Operations
S.2891 of 2010: Died in Senate Judiciary, Died in Assembly Rules
S.2891 of 2009: Died in Senate Judiciary, Died in Assembly Gov. Oper-
ations
S.5514 of 2008: Died in Senate Investigations and Gov. Operations, Died
in Assembly Gov. Operations
S.5514 of 2007: Died in Senate Investigations and Gov. Operations, Died
in Assembly Gov. Operations
A.2052 of 2006: Died in Assembly Rules
A.2052 of 2005: Died in Assembly Gov. Operations
A.6307 of 2004: Died in Assembly Rules
A.6307 of 2003: Died in Assembly Gov. Operations
S.2394 of 2002: Died in Senate Investigations and Gov. Operations, Died
in Assembly Ways and Means
S.2394 of 2001: Died in Senate Investigations and Gov. Operations, Died
in Assembly Gov. Operations
S.4912 of 2000: Died in Senate Investigations and Gov. Operations, Died
in Assembly Gov. Operations
S.4912 of 1999: Died on Senate Floor Calendar, Died in Assembly Rules
A.2498 of 1998: Died in Assembly Rules
A.2498 of 1997: Died in Assembly Gov. Operations
A.10739 of 1996: Died in Assembly Ways and Means

FISCAL IMPLICATIONS: Savings from streamlining the legislative process.

EFFECTIVE DATE: This act shall take effect on the first of January next
succeeding the date it become law; provided, that the Senate and Assem-
bly shall, by concurrent resolution, adopt rules necessary to implement
this act within twenty days after such act shall have become a law.

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

                                  2041

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. BONACIC, VALESKY -- 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 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 UNLESS SUCH BILL SHALL HAVE
BEEN AMENDED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05939-01-3

S. 2041                             2

  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 UNLESS SUCH BILL SHALL
HAVE  BEEN  AMENDED,  IN  WHICH CASE SUCH BILL MAY BE REFERRED BACK TO A
STANDING COMMITTEE FOR RECONSIDERATION.
  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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