What's happening
This bill proposes a constitutional amendment to limit the Governor's use of messages of necessity to only state disaster emergencies.
Why it matters
Reduces executive power for urgent legislation. By restricting the Governor’s ability to bypass the standard three-day bill review period only to state disaster emergencies, this amendment limits the executive’s authority to expedite legislative votes, promoting a more regular legislative process for most bills.
Enhances legislative review and transparency. The change means legislators—and the public—will have more time to scrutinize proposed laws, reducing the chance of rushed or opaque lawmaking except in genuine emergencies.
Narrows the definition of “necessity”. By tying “messages of necessity” to the specific legal definition of a state disaster emergency, the amendment makes it harder to justify urgent legislative action without clear, extraordinary circumstances.
Responds to concerns of executive overreach. This measure arises from criticism that the Governor has previously used messages of necessity for political convenience rather than true emergencies, and seeks to restore a balance of power between the executive and legislative branches.
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Headline styles
Limit Emergency Lawmaking
Plain English, a few words. Used as the page title.
Sponsors
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History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to governmental operations
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Emergency Lawmaking
In Senate Committee · Judiciary · Sponsor Susan Serino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8505
2017-2018 Regular Sessions
IN ASSEMBLY
June 16, 2017
Introduced by M. of A. BYRNE -- read once and referred to the Committee on Governmental Operations
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
Section 1. Resolved (if the Senate concur), That section 14 of article 3 of the constitution be amended to read as follows:
§ 14. No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the governor, or the acting governor, shall have certified, under his or her hand and the seal of the state, the facts which in his or her opinion necessitate an immediate vote thereon to respond to a state disaster emergency, as defined by paragraph b of subdivision two of section twenty of the executive law in which case it must nevertheless be upon the desks of the members in final form, not necessarily printed, before its final passage; nor shall any bill be passed or become a law, except by the assent of a majority of the members elected to each branch of the legislature; and upon the last reading of a bill, no amendment thereof shall be allowed, and the question upon its final passage shall be taken immediately thereafter, and the ayes and nays entered on the journal.
For purposes of this section, a bill shall be deemed to be printed and upon the desks of the members if: it is set forth in a legible electronic format by electronic means, and it is available for review in such format at the desks of the members. For purposes of this section "electronic means" means any method of transmission of information between computers or other machines designed for the purpose of sending and receiving such transmissions and which: allows the recipient to reproduce the information transmitted in a tangible medium of expression; and does not permit additions, deletions or other changes to be made without leaving an adequate record thereof.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89047-01-7
A. 8505 2
§ 2. Resolved (if the Senate 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 3 months previous to the time of such election.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.