BILL NUMBER: S233
SPONSOR: TEDISCO
 
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 prohibit-
ing the passage of bills between the hours of midnight and eight o'clock
a.m. and requiring two-thirds approval for messages of necessity
 
PURPOSE OR GENERAL IDEA OF BILL:
Prohibits the passage of bills by the legislature between the hours of
midnight and eight o'clock a.m. unless two-thirds of the legislature is
present and requires two-thirds approval for messages of necessity.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends section 14 of article 3 of the New York State Consti-
tution to create new subsections;
a. requiring a 2/3 vote of the Assembly and Senate accepting a message
of necessity from the governor or acting governor;
b. bills that have aged shall be passed by a majority of members of the
Assembly and Senate;
c. bills shall not be passed in session between 12 o'clock midnight and
8 o'clock a.m., unless session is voted upon to continue by 2/3d of the
Assembly and Senate;
d. no amendments shall be considered upon the last reading of a bill.
Section 2: That the foregoing be referred to the first regular legisla-
tive 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 3 months previous to the time of
such election.
 
JUSTIFICATION:
Recent uses of the message of necessity by the Governors' office have
been applied to push through legislation in an effort to avoid debate,
dissection, discussion and criticism. Legislative initiatives such as
the NY SAFE Act, Redistricting, Casino gambling, expansion of the DNA
Database, Pension Reform and Teacher Evaluations were all pushed through
the legislature and signed by the Governor under the cover of darkness
with zero input from the public. This bill is introduced 😮 prevent
secret government from keeping many legislators, the public and the
media in the dark when significant legislation is being discussed.
 
PRIOR LEGISLATIVE HISTORY:
01/08/15: S.1025 REFERRED TO JUDICIARY
01/16/15: S.1025 TO ATTORNEY-GENERAL FOR OPINION
01/06/16: S.1025 -REFERRED TO JUDICIARY
03/14/16: S.1025 TO ATTORNEY-GENERAL FOR OPINION
04/06/16: S.1025 -REFERRED TO JUDICIARY
01/12/17: S.1025 TO ATTORNEY-GENERAL FOR OPINION
01/13/17: S.1025 OPINION REFERRED TO JUDICIARY
02/10/17: S.2087 REFERRED TO JUDICIARY
01/03/18: S.2087 TO ATTORNEY-GENERAL FOR OPINION
01/12/18: S.2087 OPINION REFERRED TO JUDICIARY
02/15/18: S.2087 REFERRED TO JUDICIARY
01/09/19: S.2087 TO ATTORNEY-GENERAL FOR OPINION
01/11/19: S.2087 OPINION REFERRED TO JUDICIARY
02/07/19: S.557 REFERRED TO JUDICIARY
01/08/20: S.557 TO ATTORNEY-GENERAL FOR OPINION
02/14/20: S.557 OPINION REFERRED TO JUDICIARY
03/13/20: S.557 REFERRED TO JUDICIARY
01/06/21: S.221 REFERRED TO JUDICIARY
01/08/21: S.221 TO ATTORNEY-GENERAL FOR OPINION
03/17/21: S.221 OPINION REFERRED TO JUDICIARY
01/05/22: S.221 REFERRED TO JUDICIARY
01/28/22: S.221 TO ATTORNEY-GENERAL FOR OPINION
03/01/22: S.221 OPINION REFERRED TO JUDICIARY
01/04/23: S.48 REFERRED TO JUDICIARY
01/06/23: S.48 TO ATTORNEY-GENERAL FOR OPINION
02/07/23: S.48 OPINION REFERRED TO JUDICIARY
01/03/24: S.48 REFERRED TO JUDICIARY
01/04/24: S.48 TO ATTORNEY-GENERAL FOR OPINION
01/29/24: S.48 OPINION REFERRED TO JUDICIARY
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act 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 Consti-
tution, be published for 3 months previous to the time of such election.