Allows satisfaction of constitutional requirement that bills be on members desks prior to passage/voting by distribution of bills in electronically written form: provides that a bill shall be deemed to be printed and upon the desks of the members if: it is set forth in a legible electronic format by electronic means, and it is available for review in such format at the desks of the members; provides that "electronic means" means any method of transmission of information between computers or other machines designed for the purpose of sending and receiving such transmissions and which: allows the recipient to reproduce the information transmitted in a tangible medium of expression; and does not permit additions, deletions or other changes to be made without leaving an adequate record thereof.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (2): Hassell-Thomps, Little
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 the manner of passing bills
PURPOSE OR GENERAL IDEA OF BILL: Allows satisfaction of constitutional requirement that bills be on Members' desks by distribution of bills in electronically written form.
SUMMARY OF SPECIFIC PROVISIONS: Amends Section 14 of Article 3 of the constitution relating to the requirement that no bill shall be passed or become law unless it shall have been printed and placed upon the desks of Members. This bill adds language that specifies that a bill shall be deemed printed and on Members' desks if:
* It is set forth in a legible electronic format by electronic means, and; * It is available for review at the desks of Members. Also, "electronic means" is specifically defined to mean any method of transmission between computers that: * i. Allows the recipient to reproduce the information transmitted in a tangible medium, so that if any member prefers to review the information printed on paper, he or she can do so, and * ii. Does not allow additions, deletions or other changes to be made without leaving an adequate record thereof.
JUSTIFICATION: In today's technologically advanced age, a significant amount of time, money, and paper can be saved by providing legislation on the desks of Members, prior to their voting, in electronic rather than paper format. The benefits would be especially pronounced when voting on budget bills since they are voluminous by nature. The Legislative Session, currently lengthy, is additionally protracted since members must wait for each piece of legislation to be reprinted as last minute changes are incorporated. Inputting bills into a software program on a computer, transmitting them through electronic means to individual computers located on each member's desk, would speed up the process. Through the reduction of paperwork and time expended in the current process results in a more efficient and cost effective one. This legislation would make an electronic option available to all Members.
Members who prefer to receive and review a paper version of any bill will have access to one. This legislation clearly specifies that every member who so desires, must have access to a paper version of any legislation on his or her desk.
PRIOR LEGISLATIVE HISTORY: A.6340A and S.8234 of 2009/2010 A.2108 and S.2981 of 2007/2008 A.2057 and S.4659 of 2005/2006 A.6497 and S.4128 of 2003/2004 A.5770 of 2001/2002 A.4870 of 1999/2000 A.8542 of 1997/1998
FISCAL IMPLICATIONS: There is an initial cost for installing a computer system in the Assembly and Senate chambers, but thereafter a savings in printing costs.
EFFECTIVE DATE: Resolved (if the Senate concurs) that the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election.
STATE OF NEW YORK ________________________________________________________________________ 357--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 14 of article 3 of the constitution, in relation to the manner of passing bills 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 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 opin- ion necessitate an immediate vote thereon, in which case it must never- theless 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, except by the assent of a majority of the members elected to each branch of the legislature; and upon the last reading of a bill, no amendment thereof shall be allowed, and the question upon its final passage shall be taken immediately thereafter, and the ayes and nays entered on the journal. FOR PURPOSES OF THIS SECTION, A BILL SHALL BE DEEMED TO BE PRINTED AND UPON THE DESKS OF THE MEMBERS IF: IT IS SET FORTH IN A LEGIBLE ELECTRON- IC FORMAT BY ELECTRONIC MEANS, AND IT IS AVAILABLE FOR REVIEW IN SUCH FORMAT AT THE DESKS OF THE MEMBERS. FOR PURPOSES OF THIS SECTION "ELEC- TRONIC MEANS" MEANS ANY METHOD OF TRANSMISSION OF INFORMATION BETWEEN COMPUTERS OR OTHER MACHINES DESIGNED FOR THE PURPOSE OF SENDING AND RECEIVING SUCH TRANSMISSIONS AND WHICH: ALLOWS THE RECIPIENT TO REPRODUCE THE INFORMATION TRANSMITTED IN A TANGIBLE MEDIUM OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89008-03-1 S. 357--A 2 EXPRESSION; AND DOES NOT PERMIT ADDITIONS, DELETIONS OR OTHER CHANGES TO BE MADE WITHOUT LEAVING AN ADEQUATE RECORD THEREOF. S 2. Resolved (if the Assembly concur), That the foregoing amendment 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.