senate Bill S6187

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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Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations

S6187 - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Legislative Law
Laws Affected:
Add ยง42-a, Leg L

S6187 - 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; sets forth exceptions for budget bills, bills requiring a home rule message, constitutional amendments and bills requiring a fiscal note.

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BILL NUMBER:S6187

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

PURPOSE OR GENERAL IDEA OF BILL: This legislation will provide for
continuity of legislative sessions by allowing bills that have been
acted upon to retain their place on the calendar until acted upon by
the house or until the end of the two-year legislative session.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill sets forth the legislative intent.

Section 2 of the bill amends the legislative law by adding a new
section 42-a comprised of 4 sections: section 42-a 1 of the bill
states that upon passage of a bill by one house of the legislature it
shall be sent to the appropriate committee in the other house where
that house may act on the bill at any time during the remaining
biennial legislation session; section 42-a 2 states that no bill
reported by a standing committee shall be referred back to that
committee; section 42-a 3 states that every bill that has reached the
order of third reading shall maintain its place on order of third
reading until the house acts upon the bill or until the end of the
two-year legislative session; section 42-a 4 states that the
provisions of the bill will not apply to Article 7 budget bills, bills
requiring a home rule message or concurrent resolutions to amend the
constitution.

Section 3 of the bill sets forth an effective date on the first day of
January next succeeding the date on which it shall have become a law;
provided, that the senate and assembly shall, by concurrent
resolution, adopt rules necessary to implement this act within twenty
days after such act shall have become a law.

JUSTIFICATION: As stated in the legislative intent of the bill, New
York is the only state that has a two-year legislative calendar which
is procedurally interrupted at its midterm. The procedural
interruption is caused when the legislature requires reconsideration
and adoption of hundreds of bills previously adopted during the first
year

This practice is unnecessarily burdensome in the use of time and
resources and serves no legitimate purpose other than situations
involving Article 7 budget bills, bills requiring a home rule message
or concurrent resolutions to amend the constitution.

Therefore, it is a reasonable measure to allow bills that have
previously been acted upon, other than those excluded from application
of the bill, to be allowed to retain their place on the calendar until
acted upon by the house or until the end of the two-year legislative
session.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To Be Determined.


EFFECTIVE DATE: This act shall take on the first day of January next
succeeding the date on which it shall have become a law; provided,
that the senate and assembly 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
________________________________________________________________________

                                  6187

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13218-01-3

S. 6187                             2

  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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