NY State Senate Bill 2013-S3448

Senate Bill S3448

2013-2014 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 11, 2014	opinion referred to judiciary
Jan 13, 2014	to attorney-general for opinion
Jan 08, 2014	referred to judiciary
Mar 04, 2013	opinion referred to judiciary
Feb 06, 2013	to attorney-general for opinion
Feb 01, 2013	referred to judiciary

co-Sponsors

2013-S3448 (ACTIVE) - Details

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
2011-2012: S453
2015-2016: S2671
2017-2018: S3333, S6386
2019-2020: S1271, S2731
2021-2022: S1334
2023-2024: S2014

2013-S3448 (ACTIVE) - Summary

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

2013-S3448 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3448

TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos-
ing  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 Arti-
cle  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  meet-
ing  of the Legislature, or the third Tuesday following the first day of
the annual meeting of the Legislature following the year of a  constitu-
tionally-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 proc-
ess, 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-fis-
cal 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  conven-
ing  after the next succeeding general election of members of the Assem-
bly and in conformity with section 1 of article 19 of the  constitution;
be published for three months previous to the time of such election.

2013-S3448 (ACTIVE) - Bill Text download pdf

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

                                  3448

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

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 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-
ING HEREIN SHALL PRECLUDE THE ALTERATION, BY LAW,  OF  THE  EXPENDITURES
DURING THE PERIOD OF TIME WHICH THE BUDGET SHALL HAVE BEEN ADOPTED FOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89008-01-3

S. 3448                             2

  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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3448

Share this bill

Sponsored By

Liz Krueger