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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3277
SPONSOR: Galef (MS) TITLE OF BILL: An act to amend the legislative law, in relation to
the continuity of legislative sessions
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to enhance the continuity of the
two-year, legislative session by allowing all bills to "carry over".
This means that bills will keep their places on the legislative calendar
between the first and second years of a Legislative Session.
SUMMARY OF SPECIFIC PROVISIONS:
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 continui-
ty of legislation during the two-year session. This practice commonly
requires the re-consideration and re-adoption 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 business. The legis-
lature therefore declares its intent to preserve the procedural continu-
ity of all bills within the biennial legislative session.
Section 2. The Legislative Law is amended by adding a new section 42-a.
§ 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 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.
Section 3. Establishes the effective date.
JUSTIFICATION:
Like most states, New York operates on a two-year legislative calendar.
According to the National Conference of State Legislatures, fourteen
states including California, Massachusetts, Michigan, Ohio, Pennsylvania
and Wisconsin use continuous two-year sessions. In a system unique to
New York, a house of the legislature must again pass in year two any
bill it passed in year one, if the other house did not act upon the
bill. In addition, bills 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 Assembly recon-
sider 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
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 for government, and will increase the efficiency and
effectiveness of this government.
PRIOR LEGISLATIVE HISTORY:
A. 6307 of 2003/2004
A. 5495 and S. 1678 of 2015/2016
A. 5769 and S. 2394 of 2001/2002
A. 6394 and S. 2041 of 2013/2014
A. 2752 and S. 4912 of 1999/2000
A. 4694 and S. 3061 of 2011/2012
A. 2498 of 1997/1998
A. 6340-A and S. 8234 of 2009/2010
A. 2052 of 2005/2006
A. 10739 of 1995/1996
A. 6205 and S. 4514 of 2007/2008
A. 2052 of 2005/2006
FISCAL IMPLICATIONS:
While the fiscal implications are not known, it is foreseeable that the
State will see savings from the streamlining of the legislative process.
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided, that the senate and
assembly shall, by concurrent resolution, adopt rules necessary to
implement this act within twenty days after such act shall have become a
law.
