Limits the use of messages of necessity

2 Co-sponsors

• Terrence P. Murphy
• Patrick M. Gallivan

BILL NUMBER:S5041

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 limiting the use of messages of necessity

Purpose

This would limit the use of messages of necessity to respond to a state of an emergency.

Summary of provisions

Amends section 14 of the state constitution to limit the use of a message of necessity to respond to a state of an emergency

Existing law

Section 14 of the State Constitution requires that before a bill is passed or become a law, it shall have been printed and upon the desks of members, in its final form, at least three calendar days prior to its final passage, unless the Governor , or the acting Governor, certify the facts which in his or her opinion necessitate an immediate vote and allows a bill to be voted upon before it has aged three days.

Justification

The state constitution clearly states that members should have three days to review a bill before the final passage and makes an exception to the three day requirement only when a governor certifies the facts which in his or her opinion necessitates an immediate vote.

While there are certainly occasions that would require an immediate vote of a bill before it has aged three days, this exception should be limited to circumstances that constitute an emergency.

The three day aging process is in place to give members of the State Legislature ample time to review bills under consideration. In addition, the three days allows the general public the opportunity to voice their concerns and comments on legislation before the Senate and the Assembly.

Legislative history

New

Fiscal implications

None

Local fiscal implications

None

Effective date

If the Senate and the 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 the election.