NY State Senate Bill 2017-S1267

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Jan 09, 2017	referred to judiciary

2017-S1267 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Legislative Law
Laws Affected:: Add §42-a, Leg L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6187
2015-2016: S1096

2017-S1267 (ACTIVE) - Summary

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.

2017-S1267 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1267

 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 :

2015-16: S.1096
2014: S.6187

 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.

2017-S1267 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1267
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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.
   § 2. The legislative law is amended by adding a new  section  42-a  to
 read as follows:
   §  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00817-01-7

 S. 1267                             2
 
 ON  THE ORDER OF THIRD READING UNTIL THE HOUSE SHALL ACT ON SUCH BILL OR
 UNTIL THE END OF THE TWO-YEAR LEGISLATIVE SESSION.
   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.
   § 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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Senate Bill S1267

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2017-S1267 (ACTIVE) - Details

2017-S1267 (ACTIVE) - Summary

2017-S1267 (ACTIVE) - Sponsor Memo

2017-S1267 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1267

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2017-S1267 (ACTIVE) - Details

2017-S1267 (ACTIVE) - Summary

2017-S1267 (ACTIVE) - Sponsor Memo

2017-S1267 (ACTIVE) - Bill Text download pdf

Comments