Requires the assent of a two-thirds majority of the members elected to each branch of the legislature prior to the immediate vote on any legislation which has not aged for three days

4 Co-sponsors

• Phil Boyle
• Patrick M. Gallivan
• Michael H. Ranzenhofer
• James L. Seward

BILL NUMBER:S1086

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 requiring the assent of a two-thirds majority of the members elected to each branch of the legislature prior to the immediate vote on any legislation which has not aged for three days

Purpose

This bill requires legislation delivered to the legislature by a message of necessity, to be adopted only if it is widely supported, that is by a 2/3 majority in both houses. By requiring that such legislation must expire no later than two years after it becomes effective, it would have to be reconsidered and voted upon again to stay in effect, thus allowing time for sufficient review and comment.

Summary of provisions

Section 14 of Article 3 of the Constitution is amended to provide that a bill brought to an immediate vote by the Governor, must have the vote of a two-thirds majority of the members in each branch of the legislature to be enacted into law and such law, must expire no later than two years from its effective date.

Existing law

Bills brought to vote by a message of necessity need the assent of a majority of the members of both houses for passage. Once the bill is enacted into law, it is the law without further consideration.

Justification

Section 14 of Article 3 of the Constitution provides for a three day period between legislation being placed on the desks of members and its vote. This waiting period was intended to allow the members to read, digest and receive comment from their constituents in order to make an informed voting decision. The Governor's message of necessity was created to allow for those rare instances when waiting three days would not be acceptable, even life threatening. However, this concession for the occasional need for speed has been used for political manipulation to avoid public involvement. If there is a need so urgent that it cannot wait three days, it should be widely supported, therefore requiring a two-thirds majority for passage in each legislative branch. If the members are to be expected to vote on legislation without sufficient time for public comment and a thorough review and analysis by the legislature, it would be prudent for the legislation to expire no later than two years from its effective date. This would allow the emergency that necessitated an immediate vote to be dealt with in an expedited manner while allowing time to review and receive public comment on the legislation for a revote.

Legislative history

S.5967 2013 referred to Rules, 2014 referred to Judiciary.

Fiscal implications

None

Effective date

If the Senate and Assembly concur, the foregoing 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 Constitution, be published for three months previous to the time of election.