Bill Text: NY S00221 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2022-03-01 - OPINION REFERRED TO JUDICIARY [S00221 Detail]

Download: New_York-2021-S00221-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           221

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens. TEDISCO, JORDAN -- 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

     1    Section 1. Resolved (if the Assembly concur), That section 14 of arti-
     2  cle 3 of the constitution be amended to read as follows:
     3    § 14. No bill shall be passed or become a law:
     4    a. unless it shall have  been  printed  and  upon  the  desks  of  the
     5  members,  in  its  final  form, at least three calendar legislative days
     6  prior to its final passage, unless the governor, or the acting governor,
     7  shall have certified, under his or her hand and the seal of  the  state,
     8  the  facts  which  in  his  or her opinion necessitate an immediate vote
     9  thereon and two-thirds of the members elected  to  each  branch  of  the
    10  legislature  assent  to such facts that necessitate such immediate vote,
    11  in which case it must nevertheless be upon the desks of the  members  in
    12  final  form,  not  necessarily  printed,  before its final passage; [nor
    13  shall any bill be passed or become a law,]
    14    b. except by the assent of a majority of the members elected  to  each
    15  branch of the legislature;
    16    c.    between  the hours of midnight and eight o'clock a.m.; provided,
    17  however that this provision may be waived upon the assent of  two-thirds
    18  of the members elected to each branch of the legislature; and
    19    d.  upon  the  last  reading  of a bill, no amendment thereof shall be
    20  allowed, and the question upon its final passage shall  be  taken  imme-
    21  diately thereafter, and the ayes and nays entered on the journal.
    22    For purposes of this section, a bill shall be deemed to be printed and
    23  upon the desks of the members if: it is set forth in a legible electron-
    24  ic  format  by  electronic means, and it is available for review in such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89037-01-1
        S. 221                              2

     1  format at the desks of the members. For purposes of this section  "elec-
     2  tronic  means"  means  any method of transmission of information between
     3  computers or other machines designed for  the  purpose  of  sending  and
     4  receiving   such  transmissions  and  which:  allows  the  recipient  to
     5  reproduce  the  information  transmitted  in  a   tangible   medium   of
     6  expression; and does not permit additions, deletions or other changes to
     7  be made without leaving an adequate record thereof.
     8    § 2. Resolved (if the Assembly concur), That the foregoing be referred
     9  to  the  first  regular  legislative  session  convening  after the next
    10  succeeding general election of members of the assembly, and, in conform-
    11  ity with section 1 of article 19 of the constitution, be published for 3
    12  months previous to the time of such election.