NY State Senate Bill 2017-S2174

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

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-S2174 (ACTIVE) - Details

See Assembly Version of this Bill:: A8505
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: S5041
2019-2020: S1249, A3196
2021-2022: S2943, A3915
2023-2024: S4584

2017-S2174 (ACTIVE) - Summary

Limits the use of messages of necessity to situations involving a state of emergency.

2017-S2174 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2174

 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 limiting the use of messages of necessity

 PURPOSE :

This would limit the use of messages of necessity to respond to a
state disaster emergency.

 SUMMARY OF PROVISIONS :

Amends section 14 of the state constitution to limit the use of a
message of necessity to respond to a state disaster emergency

 EXISTING LAW :

Section 14 of the State Constitution requires that before a bill is
passed or become a law, it shall have been printed and upon the desks
of members, in its final form, at least three calendar days prior to
its final passage, unless the Governor, or the acting Governor,
certify the facts which in his or her opinion necessitate an immediate
vote and allows a bill to be voted upon before it has aged three days.

 JUSTIFICATION :

The state constitution clearly states that members should have three
days to review a bill before the final passage and makes an exception
to the three day requirement only when a governor certifies the facts
which in his or her opinion necessitates an immediate vote.

While there are certainly occasions that would require an immediate
vote of a bill before it has aged three days, this exception should be
limited to circumstances that constitute an emergency.  The three day
aging process is in place to give members of the State Legislature
ample time to review bills under consideration. In addition, the three
days allows the general public the opportunity to voice their concerns
and comments on legislation before the Senate and the Assembly.

 LEGISLATIVE HISTORY :

2015-16: S.5041 Referred to Judiciary

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
If the Senate and the Assembly concur, the foregoing 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 three months previous to the time of the election.

2017-S2174 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2174
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sens. SERINO, GALLIVAN, MURPHY -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing  an  amendment to section 14 of article 3 of the constitution,
   in relation to limiting the use of 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  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 TO RESPOND TO A STATE DISASTER
 EMERGENCY, AS DEFINED BY PARAGRAPH B OF SUBDIVISION TWO OF SECTION TWEN-
 TY  OF  THE EXECUTIVE LAW 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, 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.
                                                            LBD89047-01-7

 S. 2174                             2
 
   § 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2174

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2017-S2174 (ACTIVE) - Details

2017-S2174 (ACTIVE) - Summary

2017-S2174 (ACTIVE) - Sponsor Memo

2017-S2174 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2174

Share this bill

Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Patrick M. Gallivan

Terrence Murphy

2017-S2174 (ACTIVE) - Details

2017-S2174 (ACTIVE) - Summary

2017-S2174 (ACTIVE) - Sponsor Memo

2017-S2174 (ACTIVE) - Bill Text download pdf

Comments