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
Restricts executive power. By allowing "messages of necessity" only during officially declared state disaster emergencies, this amendment would significantly reduce the governor's ability to bypass the usual three-day waiting period for legislative review, making it harder to rush non-emergency legislation through the process.
Strengthens legislative oversight. Lawmakers would have more time to scrutinize and debate most proposed laws, increasing transparency and reducing the risk of poorly vetted or controversial bills passing without adequate consideration.
Narrows definition of emergencies. Tying the exception to the specific legal definition of a "state disaster emergency" in the executive law limits the circumstances under which expedited legislative action can occur, potentially preventing abuse of the process for political or routine legislative purposes.
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Who cares
Headline styles
Limit Emergency Lawmaking
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
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 Assembly Committee · Judiciary · Sponsor Kevin M. Byrne
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1249
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sens. SERINO, GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
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 Assembly 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.
LBD89028-01-9
S. 1249 2
§ 2. Resolved (if 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 3 months previous to the time of such election.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 disaster 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 disaster 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 limit- ed 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
2017-18: S2174 Referred to Judiciary 2015-16: S.5041 Referred to Judiciary
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 conform- ity with section 1 of article 19 of the constitution, be published for three months previous to the time of the election.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.