NY State Senate Bill 2015-S1025

Senate Bill S1025

2015-2016 Legislative Session

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 nece

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 06, 2016	opinion referred to judiciary
Mar 14, 2016	to attorney-general for opinion
Jan 06, 2016	referred to judiciary
Feb 05, 2015	opinion referred to judiciary
Jan 16, 2015	to attorney-general for opinion
Jan 08, 2015	referred to judiciary

2015-S1025 (ACTIVE) - Details

See Assembly Version of this Bill:: A1604
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 3 §14, Constn
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9854
2013-2014: A4762
2017-2018: S2087
2019-2020: S557
2021-2022: S221
2023-2024: S48

2015-S1025 (ACTIVE) - Summary

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.

2015-S1025 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1025

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

PURPOSE:  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 midnight and
eight o'clock a.m. and requiring two-thirds approval for message 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 a bill.

Section 2: 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:  Recent uses of the message of necessity have been
applied to push through legislation 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 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:  A.4762 (2013-2014) to attorney-general for
opinion, opinion referred
       to judiciary S.3498 (2013-2014) to attorney-general for
opinion,
       opinion referred to judiciary

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.

2015-S1025 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1025

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced by Sen. MARCHIONE -- 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.
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD89035-02-5

S. 1025                             2

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.
  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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