Bill S1132-2013

Clarifies that bill passed by senate and assembly must be presented to the governor

Directs that every bill passed by both the senate and assembly must be presented to the governor within thirty days of receipt by house of origin; provided if the bill is returned to the house of origin after May first, then it must be presented to the governor within forty-five days.

Details

Actions

  • Feb 19, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Feb 6, 2013: OPINION REFERRED TO JUDICIARY
  • Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 9, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S1132

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 7 of article 4 of the constitution, in relation to legislative bills

PURPOSE: This bill would amend the Constitution by requiring that legislation passed by the senate and Assembly must be presented to the Governor within a definitive time frame.

SUMMARY OF PROVISIONS: Section 1 - requires that every bill that has passed the Senate and Assembly shall be presented to the Governor within thirty days of receipt by the house of origin, provided, however if the bill is returned to the house of origin after May 1st, then it must be presented to the Governor within forty-five days.

Section 2 - states that the foregoing 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 3 months previous to the time of such election.

JUSTIFICATION: In the 1994 lawsuit titled CAMPAIGN FOR FISCAL EQUITY, INC. V. MARINO, the petitioners claimed that after the "Maintenance of Effort" bill passed both the Assembly and the Senate, the Legislature had intentionally refused to present this bill to the Governor regardless of the constitutional requirement to do so. After a lengthy court battle, the Court of Appeals held that it was unconstitutional to withhold bills from the Governor that had been acted on by both houses. The intent of this bill is to further clarify the constitutional requirement set forth in Article 4, Section 7. It is not uncommon for the presentment of a bill to be delayed. In the past, bills have been detained for various political and legislative reasons. These delays further frustrate the open and orderly process of government. This measure would help to ensure that bills are presented in a timely fashion.

LEGISLATIVE HISTORY: 2011/12: S.1446 Remained in Senate Committee on Judiciary 2009/10: S.419 Remained in the Senate Committee on Judiciary 2007/08: S.732 Remained in the Senate Committee on Judiciary 2005/06: S.224A Remained in the Senate Committee on Judiciary

EFFECTIVE DATE: Resolved should the Assembly concur, that the foregoing 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1132 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. BRESLIN, ADAMS, DILAN, HASSELL-THOMPSON, KLEIN, KRUEGER, PARKER, SAMPSON, SAVINO, SMITH, STAVISKY, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 7 of article 4 of the constitution, in relation to legislative bills Section 1. Resolved (if the Assembly concur), That section 7 of arti- cle 4 of the constitution be amended to read as follows: S 7. Every bill which shall have passed the senate and assembly shall[, before it becomes a law,] be presented to the governor WITHIN THIRTY DAYS OF RECEIPT BY THE HOUSE OF ORIGIN, PROVIDED, HOWEVER, IF THE BILL IS RETURNED TO THE HOUSE OF ORIGIN AFTER MAY FIRST, THEN IT MUST BE PRESENTED TO THE GOVERNOR WITHIN FORTY-FIVE DAYS; if the governor approve, he or she shall sign it; but if not, he or she shall return it with his or her objections to the house in which it shall have origi- nated, which shall enter the objections at large on the journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members elected to that house shall agree to pass the bill, it shall be sent together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members elected to that house, it shall become a law notwithstanding the objections of the governor. In all such cases the votes in both houses shall be determined by yeas and nays, and the names of the members voting shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him or her, the same shall be a law in like manner as if he or she had signed it, unless the legislature shall, by their adjournment, prevent its return, in which case it shall not become a law without the approval of the governor. No bill shall become a law after the final adjournment of the legislature, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89018-01-3 S. 1132 2 unless approved by the governor within thirty days after such adjourn- ment. If any bill presented to the governor contain several items of appropriation of money, the governor may object to one or more of such items while approving of the other portion of the bill. In such case the governor shall append to the bill, at the time of signing it, a state- ment of the items to which he or she objects; and the appropriation so objected to shall not take effect. If the legislature be in session, he or she shall transmit to the house in which the bill originated a copy of such statement, and the items objected to shall be separately recon- sidered. If on reconsideration one or more of such items be approved by two-thirds of the members elected to each house, the same shall be part of the law, notwithstanding the objections of the governor. All the provisions of this section, in relation to bills not approved by the governor, shall apply in cases in which he or she shall withhold approval from any item or items contained in a bill appropriating money. S 2. Resolved (if the Assembly concur), That the foregoing be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conform- ity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.

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