Bill Text: NY S00233 | 2025-2026 | 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 4-0)

Status: (Introduced) 2025-01-31 - OPINION REFERRED TO JUDICIARY [S00233 Detail]

Download: New_York-2025-S00233-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           233

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced by Sens. TEDISCO, BORRELLO, RHOADS, WALCZYK -- 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] the governor's or acting gover-
     8  nor's hand and the seal of the state, the facts which in  [his  or  her]
     9  the  governor's  or  acting  governor's opinion necessitate an immediate
    10  vote thereon and two-thirds of the members elected to each branch of the
    11  legislature assent to such facts that necessitate such  immediate  vote,
    12  in  which  case it must nevertheless be upon the desks of the members in
    13  final form, not necessarily printed,  before  its  final  passage;  [nor
    14  shall any bill be passed or become a law,]
    15    b.  except  by the assent of a majority of the members elected to each
    16  branch of the legislature;
    17    c.  between the hours of midnight and eight  o'clock  a.m.;  provided,
    18  however  that this provision may be waived upon the assent of two-thirds
    19  of the members elected to each branch of the legislature; and
    20    d. upon the last reading of a bill,  no  amendment  thereof  shall  be
    21  allowed,  and  the  question upon its final passage shall be taken imme-
    22  diately thereafter, and the ayes and nays entered on the journal.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89009-01-5
        S. 233                              2

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