NY State Senate Bill 2017-S6386

Senate Bill S6386

2017-2018 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2018	to attorney-general for opinion
Jan 03, 2018	referred to judiciary
Jun 07, 2017	opinion referred to judiciary
May 17, 2017	to attorney-general for opinion
May 11, 2017	referred to judiciary

2017-S6386 (ACTIVE) - Details

See Assembly Version of this Bill:: A4190
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
2015-2016: S2671, A7772
2019-2020: S1271, S2731, A5733
2021-2022: S1334
2023-2024: S2014

2017-S6386 (ACTIVE) - Summary

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

2017-S6386 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6386

 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 OR GENERAL IDEA OF BILL :

Establishes a biennial budgeting system. Proposes amendments to
section 2 of article 7 of the constitution, in relation to providing
for the establishment of a biennial budgeting system.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 2 amended to read as follows: 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, biennially thereafter, the governor shall submit to the
legislature a budget containing a complete plan of expenditures
proposed to be made for the next two fiscal years and all moneys and
revenues estimated to be available therefore, together with an
explanation of the basis of such estimates and recommendations 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 required by law. Resolved 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.

 JUSTIFICATION :

By establishing a biennial budget system, school districts and
localities would know what to expect in state aid and would be better
able to plan and budget. It would also assist localities in staying
under the tax cap. A biennial budget would also allow for session, in
the second year, to end one to two months early, saving taxpayers
millions through a reduction in per-diems and mileage. This would give
the legislature more time, especially in the second year, to focus on
legislation and reform issues.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately

2017-S6386 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6386
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- 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.
   § 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.
                                                            LBD89044-02-7

 S. 6386                             2
 
   §  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.
   § 3.  RESOLVED (if the Assembly concur), That section 7 of  article  7
 of the constitution be amended to read as follows:
   §  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.
   § 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.

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