NY State Senate Bill 2019-S2731

Senate Bill S2731

2019-2020 Legislative Session

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

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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
Mar 13, 2020	opinion referred to judiciary
Feb 14, 2020	to attorney-general for opinion
Jan 08, 2020	referred to judiciary
Feb 27, 2019	opinion referred to judiciary
Feb 07, 2019	to attorney-general for opinion
Jan 29, 2019	referred to judiciary

co-Sponsors

2019-S2731 (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
2015-2016: S2671
2017-2018: S3333, S6386
2021-2022: S1334
2023-2024: S2014

2019-S2731 (ACTIVE) - Summary

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

2019-S2731 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2731

SPONSOR: KRUEGER
 
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:

This legislation would require that 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. Alternatively, the plan could be submitted by 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 weak-
en 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 be consolidated into one.
Nationwide, 20 states operate on two-year budget cycles; 15 of these
states support annual legislative sessions similar to New York's legis-
lative cycle.

 
LEGISLATIVE HISTORY:

2017-18 S3333 No Same as died in committee
2015-16 S2671 No Same as died in committee
2013-14 S3448 No Same as died in committee
2011-12 S453-A/A3163-A Morelle - died in committee
2010 S7160/A10326 Morelle - died in committee

 
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.

2019-S2731 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2731
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 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.
   § 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.
                                                            LBD89065-01-9

 S. 2731                             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]
 THREE years next after [the passage  of]  such  appropriation  act;  and
 every  such  law making a new appropriation or continuing or reviving an
 appropriation, 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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Senate Bill S2731

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Sponsored By

Liz Krueger