Relates to the procedural continuity of legislation during the two-year session

Title of bill

An act to amend the legislative law, in relation to the continuity of legislative sessions

Purpose

Enhances the continuity of the two-year, legislative session by allowing all bills to "carry over" (keep their place on the legislative calendar between the first and second years of a session).

Summary of provisions

Relates to the procedural continuity of legislation during the two year session.

Section 1 declares the legislature's intent to create a continuous two-year "carry over" legislative session.

Section 2 adds a new section 42-a to the legislative law providing that during the second year of the two year session, bills will remain at the same place in the process as they were when the first year ended. The bill stipulates that:

1. A bill that passes one house of the legislature will automatically be sent to the appropriate committee of the other house for action, and that house may act on the bill at any time during the remainder of the two-year session.

2. No bill reported to the standing committee shall be referred back to that committee unless the bill is amended.

3. Every bill that reaches the order of third reading shall remain on that order until it is acted upon by that house or until the end of the two year session, unless the bill is amended and hence referred back to a standing committee.

4. These new provisions do not apply, however, to budget bills, bills requiring home rule messages, bills amending the New York State Retirement Program, or concurrent resolutions to amend the constitution.

Justification

Like most states, New York operates on a two-year legislative calendar. According to the National Conference of State Legislatures, 14 states including California, Massachusetts, Michigan, Ohio, Pennsylvania and Wisconsin use continuous two-year sessions. Unlike these states, however, New York disrupts the procedural continuity of bills at the end of the session's first year. In a system unique to New York, a house of the legislature must again pass in year two any bill it has passed in year one, if the other house did not act upon the bill. In addition, bill 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 the Assembly reconsider 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 the 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 government and will increase the efficiency and effectiveness of this government.

Legislative history

S.5514 of 2007/2008 - Senate Committee on Investigations and Government Operations

Fiscal implications

Savings from streamlining the legislative process.

Effective date

This act shall take effect on the first of January next succeeding the date it become law.