Bill Text: NY S05058 | 2019-2020 | General Assembly | Introduced


Bill Title: Amends the constitution to prohibit an immediate vote from being called by the governor or acting governor on any budget bills.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-03-13 - OPINION REFERRED TO JUDICIARY [S05058 Detail]

Download: New_York-2019-S05058-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5058
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 5, 2019
                                       ___________
        Introduced by Sen. ANTONACCI -- 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 governor  from  issuing  a  message  of
          necessity for budget related bills
     1    Section 1. Resolved (if the Assembly concur), That section 14 of arti-
     2  cle 3 of the constitution be amended as follows:
     3    §  14.  No  bill  shall be passed or become a law unless it shall have
     4  been printed and upon the desks of the members, in its  final  form,  at
     5  least three calendar legislative days prior to its final passage, unless
     6  the governor, or the acting governor, shall have certified, under his or
     7  her  hand and the seal of the state, the facts which in his or her opin-
     8  ion necessitate an immediate vote thereon, in which case it must  never-
     9  theless  be upon the desks of the members in final form, not necessarily
    10  printed, before its final passage,  provided,  however,  such  immediate
    11  vote  shall  not  be  permitted  for budget bills or appropriation bills
    12  relating thereto; nor shall any bill be passed or become a  law,  except
    13  by the assent of a majority of the members elected to each branch of the
    14  legislature;  and  upon the last reading of a bill, no amendment thereof
    15  shall be allowed, and the question upon its final passage shall be taken
    16  immediately thereafter, and the ayes and nays entered on the journal.
    17    For purposes of this section, a bill shall be deemed to be printed and
    18  upon the desks of the members if: it is set forth in a legible electron-
    19  ic format by electronic means, and it is available for  review  in  such
    20  format  at the desks of the members. For purposes of this section "elec-
    21  tronic means" means any method of transmission  of  information  between
    22  computers  or  other  machines  designed  for the purpose of sending and
    23  receiving  such  transmissions  and  which:  allows  the  recipient   to
    24  reproduce   the   information   transmitted  in  a  tangible  medium  of
    25  expression; and does not permit additions, deletions or other changes to
    26  be made without leaving an adequate record thereof.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89127-01-9

        S. 5058                             2
     1    § 2. Resolved (if the Assembly concur), That the  foregoing  amendment
     2  be referred to the first regular legislative session convening after the
     3  next  succeeding  general  election  of members of the assembly, and, in
     4  conformity with  section  1  of  article  19  of  the  constitution,  be
     5  published for 3 months previous to the time of such election.
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