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CJA Leads the Way to NYS Budget Reform -- & Competitive NYS Elections!
Library of Legal Authorities,
Legislative Law §31
Legislative Law §32-a Chapter 567 of the Laws of 2010
FISCAL YEAR 2013-2014
FISCAL YEAR 2012-2013
Video of CJA's testimony
Transcript of February 6, 2013 budget hearing
video of February 5, 2014 budget hearing
Transcript of Februarty 5, 2014 budget hearing
Supreme Court decision in Pines, et al. v. New York State "'While the Constitution requires itemization of the State budget and appropriation bills to implement the budget (Saxton v. Carey, 44 N.Y.2d 545, 548...(1978) citing People v. Tremaine, 281 N.Y.1, 5...[1939]), there is no constitutional definition of itemization (Saxton, 44 N.Y.2d at 550, quoting and essentially adopting Judge Breitel's dissent in Hidley v. Rockefeller, 28 N.Y.2 439...[1971]). Consequently, it has been held that, ...the degree of itemization necessary in a particular budget is whatever degree of itemization is necessary for the Legislature to effectively review that budget. Should the Legislature determine that a particular budget is so lacking in specificity as to preclude meaningful review, then it will be the duty of that Legislature to refuse to approve such a budget... (Saxton, 44 N.Y.2d at 550). ...If the legislature determines that a budget is not sufficiently itemized then it should decline to adopt it; however, once adopted the logical inference can be drawn that the legislature found the budget to be sufficiently itemized and capable of implementation." See cases -- Saxton v. Carey; People v. Tremaine (II); Hidley v. Rockefeller
II. Objections by Legislators at 2010, 2011, and 2012 joint budget hearings on "public protection" as to the Judiciary's lack of sufficient itemization in its budget:
February 8, 2010 joint budget hearing on "public protection" --
Judiciary Budget for Fiscal Year 2010-2011:
transcript excerpts:
Chief Adminisrative Judge Pfau's request for judicial
supplemental support fund; exchange with Assemblyman Parment on
greater itemization in Judiciary's budget; exchange with Senator
DeFrancisco on judicial supplemental support fund
February 9, 2011 joint budget hearing on "public protection" --
Judiciary Budget for Fiscal Year 2011-2012: transcript excerpt: Chief Administrative Judge Pfau thanks Legislature for "judicial compensation law that was recently enacted, with the salary commission"; explanation of Judiciary budget; exchanges with Senator Bonacic; Senator Nozzolio; and Senator DeFrancisco on greater itemization
January 30, 2012 joint budget hearing on "public protection"
-- Judiciary Budget for Fiscal Year 2012-2013:
cf.:
Assembly 6-month
expenditure reports --------------------------------------------------------------
Assembly Judiciary Committee Annual Reports:
Senate Judiciary Committee Annual Reports:
Brennan Center Reports on NY's Legislature -- 2009 Temporary Senate Committeee on Rules & Administration Reform -------------------------------------------------------------- New York City Bar Association: Committee on State Affairs: "The New York State Budget Process and the Constitution: Defining and Protecting the 'Delicate Balance' of Power"
Senate
Select Committee on Budget & Tax Reform --------- Legislative Law Article 2 - "MEMBERS, OFFICERS AND EMPLOYEES OF THE LEGISLATURE" Legislative Law §5 "Compensation of members" Legislative Law §5-a "Allowances for member serving as an officer of either house of the legislature or in a special capacity therein"
Legislative Law §6
"Officers and employees of the senate"
Legislative Law §7
"Officers and employees of the assembly" Legislative Law §7-d "Employees of the legislature"
Legislative Law §8 "Appointments to be filed with the comptroller
Legislative Law §11 "Designation of payrolls as annual, session or temporary"
Legislative Law §12 "Authorization of expenditures"
Legislative Law §31:
"Appearances and inquiries in respect to the
budget; procedure regulated." Legislative Law §32-a "Budget; public hearings"
Legislative Law §53 "Budget review process"
Legislative Law §54: "Report on the budget"
Legislative Law §54-a. Scheduling of legislative consideration of
budget bills.
STATE FINANCE LAW:
ARTICLE 7A
State Finance Law
§25
State Finance Law, Article 6
State Finance Law
§72
State Finance Law
§94
State Finance Law
§94-a
State Finance Law
§94-b
ABOUT THE SENATE FINANCE
COMMITTEE
Legislative Law §27
Legislative Law §29
Legislative Law §30
SENATE MAJORITY: SENATE MAJORITY:
ASSEMBLY MAJORITY: Yellow Book -- 2014-2015 press release Yellow Book -- Legislature/Judiciary 2012-2013 Yellow Book -- Legislature/Judiciary 2011-2012 Yellow Book -- Legislature/Judiciary 2010-2011 Yellow Book -- Legislature/Judiciary 2009-2010 Yellow Book -- Legislature/Judiciary 2008-2009 Yellow Book -- Legislature/Judiciary 2007-2008 Yellow Book -- Legislature/Judiciary 2006-2007 Yellow Book -- Legislature/Judiciary 2005-2006 Yellow Book -- 2004-2005 Judiciary-Summary Legislature-Summary Yellow Book -- 2003-2004 Judiciary Summary Legislature-Summary Yellow Book -- 2002-2003 Judiciary Summary Yellow Book -- 2001-2002 Judiciary Summary
Assembly Committee on Oversight, Analysis, & Investigation
--
Assembly Committee on Governmental Operations --
State Finance Law 22-a Governor's Briefing Book -- "Restoring Public Trust"
Bill S.6355 -- Public Protection and General Government Part H: Subpart A -- "Public Trust Act" June 2009 Senate Rules Resolution November 23, 2009 letter from NYC Bar Association
Comptroller's Report on 2014-2015 Executive Budget Comptroller's 2006-2007 Analysis of Enacted Budget
* * * MENU of NYS Budget Reform Webpages
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CJA Ho |
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Post Office Box 8101,
White Plains, New York 10602 |
