Bill S3498-2013

Prohibits the passage of bills by the legislature between the hours of midnight and eight o'clock a.m. unless two-thirds of the legislature is present and requires two-thirds approval for messages of necessity

Prohibits the passage of bills by the legislature between the hours of midnight and eight o'clock a.m. unless 2/3 of the legislature is present; requires two-thirds approval for messages of necessity.

Details

Actions

  • Feb 11, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Mar 4, 2013: OPINION REFERRED TO JUDICIARY
  • Feb 6, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Feb 4, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S3498

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 14 of article 3 of the constitution, in relation to prohibiting the passage of bills between the hours of midnight and eight o'clock a.m. and requiring two-thirds approval for messages of necessity

SUMMARY OF PROVISIONS:

Section 1: Amends section 14 of Article 3 of the New York State Constitution to create new subsections;

a. requiring a 2/3 vote of the Assembly and Senate accepting a message of necessity from the governor or acting governor;

b. bills that have aged shall be passed by a majority of members of the Assembly and Senate;

c. bills shall not be passed in session between 12 o'clock midnight and 8 o'clock a.m., unless session is voted upon to continue by 2/3 of the Assembly and Senate;

d. no amendments shall be considered upon the last reading of the bill.

Section 2: That the forgoing 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: Recent uses of the messages of necessity by the Governors' office have been applied to push through legislation in an effort to avoid debate, dissection, discussion, and criticism. Legislative initiatives such as the NY SAFE Act, Redistricting, Casino Gambling, expansion of the DNA Database, Pension Reform and the Teacher Evaluations were all pushed through the legislature and signed by the Governor under the cover of darkness with zero input from the public. This bill is introduced to prevent secret government from keeping many legislators, the public and the media in the dark when significant legislation is being discussed.

LEGISLATIVE HISTORY: This is new bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3498 2013-2014 Regular Sessions IN SENATE February 4, 2013 ___________
Introduced by Sen. BALL -- 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 14 of article 3 of the constitution, in relation to prohibiting the passage of bills between the hours of midnight and eight o'clock a.m. and requiring two-thirds approval for messages of necessity Section 1. Resolved (if the Assembly concur), That section 14 of arti- cle 3 of the constitution be amended to read as follows: S 14. No bill shall be passed or become a law: A. unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the governor, or the acting governor, shall have certified, under his or her hand and the seal of the state, the facts which in his or her opinion necessitate an immediate vote thereon AND TWO-THIRDS OF THE MEMBERS ELECTED TO EACH BRANCH OF THE LEGISLATURE ASSENT TO SUCH FACTS THAT NECESSITATE SUCH IMMEDIATE VOTE, in which case it must nevertheless be upon the desks of the members in final form, not necessarily printed, before its final passage; [nor shall any bill be passed or become a law,] B. except by the assent of a majority of the members elected to each branch of the legislature; C. BETWEEN THE HOURS OF MIDNIGHT AND EIGHT O'CLOCK A.M.; PROVIDED, HOWEVER THAT THIS PROVISION MAY BE WAIVED UPON THE ASSENT OF TWO-THIRDS OF THE MEMBERS ELECTED TO EACH BRANCH OF THE LEGISLATURE; and D. upon the last reading of a bill, no amendment thereof shall be allowed, and the question upon its final passage shall be taken imme- diately thereafter, and the ayes and nays entered on the journal. 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89099-01-3

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