NY State Senate Bill 2009-S2891

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to judiciary
Mar 05, 2009	referred to judiciary

2009-S2891 (ACTIVE) - Details

See Assembly Version of this Bill:: A6073
Current Committee:: Senate Judiciary
Law Section:: Legislative Law
Laws Affected:: Add §42-a, Leg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3061, A4694
2013-2014: S2041, A6394
2015-2016: S1678, A5495
2017-2018: S991, A3277

2009-S2891 (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 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.

2009-S2891 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2891

 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
legislative calendar between the first and second years of a session).

 SUMMARY OF PROVISIONS :

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

Section 1 declares the legislature's intent to create a continuous
two-year "carry over" legislative session.

Section 2 adds a new section 42-a to the legislative law providing
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. The bill 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
Retirement Program, or concurrent resolutions to amend the
constitution.

 JUSTIFICATION :

Like most states, New York operates on a two-year legislative
calendar. According to the National Conference of State Legislatures,
14 states including California, Massachusetts, Michigan, Ohio,
Pennsylvania and Wisconsin use continuous two-year sessions. Unlike
these states, however, New York disrupts the procedural continuity of
bills at the end of the session's first year. In a system unique to
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, bill 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-passing 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 effectiveness of this government.

 LEGISLATIVE HISTORY :

S.5514 of 2007/2008 - Senate Committee on Investigations and
Government Operations

 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.

2009-S2891 (ACTIVE) - Bill Text download pdf

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

                                  2891

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 5, 2009
                               ___________

Introduced  by  Sen. BONACIC -- 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.
  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.
  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.
                                                           LBD01670-01-9

S. 2891                             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 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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Senate Bill S2891

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2009-S2891 (ACTIVE) - Details

2009-S2891 (ACTIVE) - Summary

2009-S2891 (ACTIVE) - Sponsor Memo

2009-S2891 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2891

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Sponsored By

John J. Bonacic

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2009-S2891 (ACTIVE) - Details

2009-S2891 (ACTIVE) - Summary

2009-S2891 (ACTIVE) - Sponsor Memo

2009-S2891 (ACTIVE) - Bill Text download pdf

Comments