Clarifies that bill passed by senate and assembly must be presented to the governor

11 Co-sponsors

• Martin Malavé Dilan
• Ruth Hassell-Thompson
• Jeffrey D. Klein
• Liz Krueger
• Kevin S. Parker
• John L. Sampson
• Diane J. Savino
• José M. Serrano
• Malcolm A. Smith
• Toby Ann Stavisky
• David J. Valesky

BILL NUMBER:S1132

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 7 of article 4 of the constitution, in relation to legislative bills

Purpose

This bill would amend the Constitution by requiring that legislation passed by the senate and Assembly must be presented to the Governor within a definitive time frame.

Summary of provisions

Section 1 - requires that every bill that has passed the Senate and Assembly shall be presented to the Governor within thirty days of receipt by the house of origin, provided, however if the bill is returned to the house of origin after May 1st, then it must be presented to the Governor within forty-five days.

Section 2 - states 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 conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.

Justification

In the 1994 lawsuit titled CAMPAIGN FOR FISCAL EQUITY, INC. V. MARINO, the petitioners claimed that after the "Maintenance of Effort" bill passed both the Assembly and the Senate, the Legislature had intentionally refused to present this bill to the Governor regardless of the constitutional requirement to do so. After a lengthy court battle, the Court of Appeals held that it was unconstitutional to withhold bills from the Governor that had been acted on by both houses. The intent of this bill is to further clarify the constitutional requirement set forth in Article 4, Section 7. It is not uncommon for the presentment of a bill to be delayed. In the past, bills have been detained for various political and legislative reasons. These delays further frustrate the open and orderly process of government. This measure would help to ensure that bills are presented in a timely fashion.

Legislative history

2011/12: S.1446 Remained in Senate Committee on Judiciary 2009/10: S.419 Remained in the Senate Committee on Judiciary 2007/08: S.732 Remained in the Senate Committee on Judiciary 2005/06: S.224A Remained in the Senate Committee on Judiciary

Effective date

Resolved should the Assembly 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 conformity with section 1 of article 19 of the constitution, be published for three months previous to the time of such election.