NY State Senate Bill 2017-S2087

Senate Bill S2087

2017-2018 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
Feb 15, 2018	opinion referred to judiciary
Jan 12, 2018	to attorney-general for opinion
Jan 03, 2018	referred to judiciary
Feb 10, 2017	opinion referred to judiciary
Jan 13, 2017	to attorney-general for opinion
Jan 12, 2017	referred to judiciary

co-Sponsors

2017-S2087 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 3 §14, Constn
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1025
2019-2020: S557
2021-2022: S221
2023-2024: S48

2017-S2087 (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.

2017-S2087 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2087

 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 OR GENERAL IDEA OF BILL :

Concurrent Resolution of the Senate and Assembly proposing an
amendment to Section 12 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 SPECIFIC 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 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 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.

 PRIOR LEGISLATIVE HISTORY :

01/08/2015:S.1025 Referred to Judiciary
01/16/2015:S.1025 To Attorney-General for Opinion
01/06/2016:S.1025 Referred to Judiciary
03/14/2016: S.1025 To Attorney-General for Opinion
04/06/2016: S.1025Opinion  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.

2017-S2087 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2087
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by Sens. TEDISCO, MARCHIONE -- read twice and ordered print-
   ed, 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:
   § 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.
                                                            LBD89033-01-7

 S. 2087                             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.
   § 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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Senate Bill S2087

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Sponsored By

James Tedisco