NY State Senate Bill 2015-S2671

Senate Bill S2671

2015-2016 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
Apr 06, 2016	opinion referred to judiciary
Mar 14, 2016	to attorney-general for opinion
Jan 06, 2016	referred to judiciary
Feb 23, 2015	opinion referred to judiciary
Jan 30, 2015	to attorney-general for opinion
Jan 27, 2015	referred to judiciary

co-Sponsors

2015-S2671 (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
2013-2014: S3448
2017-2018: S3333, S6386
2019-2020: S1271, S2731
2021-2022: S1334
2023-2024: S2014

2015-S2671 (ACTIVE) - Summary

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

2015-S2671 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2671

TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing 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 Article 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 meeting of
the Legislature, or the third Tuesday following the first day of the
annual meeting of the Legislature following the year of a
constitutionally-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 process, 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-fiscal 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 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.

2015-S2671 (ACTIVE) - Bill Text download pdf

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

                                  2671

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 27, 2015
                               ___________

Introduced  by Sens. KRUEGER, SERRANO -- 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.
  S 2. RESOLVED (if the Assembly concur), That section 2 of article 7 of
the constitution be amended to read as follows:

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

                                                           LBD89007-01-5

S. 2671                             2

  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 S2671

Share this bill

Sponsored By

Liz Krueger