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.
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: Allows satisfaction of constitutional requirement that bills be on Members' desks by distribution of bills in electronically written form.
SUMMARY OF 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.
LEGISLATIVE HISTORY: 2011:S 357-A Passed Senate/A.5274-A Passed Assembly 2009-10: S.360 Judiciary 2009-10: S.8234 Judiciary/A.6340A Judiciary 2007-08: S.2981 Judiciary/A.2108 Judiciary 2005-06: S.4659 Judiciary/A.2057 Judiciary 2003-04: S.4128 Judiciary/A.6497 Judiciary 2001-02: A.5770 Judiciary 1999-00: A.4870 Judiciary 1997-98: A.8542 Judiciary
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 Assembly concurs) that the foregoing amendment be submitted to the people for approval at the general election to be held in the year 2014 in accordance with the provisions of the election law.
STATE OF NEW YORK ________________________________________________________________________ 4417--A 2013-2014 Regular Sessions IN SENATE March 27, 2013 ___________Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted 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 EXPRESSION; AND DOES NOT PERMIT ADDITIONS, DELETIONS OR OTHER CHANGES TO BE MADE WITHOUT LEAVING AN ADEQUATE RECORD THEREOF. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89050-02-3 S. 4417--A 2 S 2. Resolved (if the Assembly concur), That the foregoing amendment be submitted to the people for approval at the general election to be held in the year 2014 in accordance with the provisions of the election law.