S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4723
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
   tee on Governmental Operations
 
             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 Senate concur), That section 14 of article
 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.
              

                                                            LBD89008-01-3
 A. 4723                             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 Senate 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.