What's happening
This bill proposes a constitutional amendment to ban passing bills between midnight and 8 a.m. and requires two-thirds approval for emergency legislative actions.
Why it matters
Limits late-night lawmaking. , likely increasing transparency and reducing rushed or poorly-vetted legislation that can occur during overnight sessions when public and media scrutiny is lower.
Raises the threshold for emergency legislative actions. by requiring a two-thirds majority for "messages of necessity," making it harder to bypass standard waiting periods and reducing the potential for executive overreach or hasty decisions.
Could slow down legislative processes in urgent situations. , as the new supermajority requirements and time restrictions may hinder the ability to respond quickly to emergencies or last-minute negotiations.
Shifts more power to legislative minorities. , as achieving a two-thirds majority for exceptions gives minority parties greater leverage in time-sensitive or emergency situations, potentially encouraging more bipartisan cooperation or, conversely, more gridlock.
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Who cares
Headline styles
Ban Late-Night 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
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
557
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. TEDISCO -- 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 prohibiting the passage of bills between the hours of midnight and eight o'clock a.m. and requiring two-thirds approval for 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:
a. 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 and two-thirds of the members elected to each branch of the legislature assent to such facts that necessitate such immediate vote, 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,]
b. except by the assent of a majority of the members elected to each branch of the legislature;
c. between the hours of midnight and eight o'clock a.m.; provided, however that this provision may be waived upon the assent of two-thirds of the members elected to each branch of the legislature; and
d. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89039-01-9
S. 557 2
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.
§ 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 prohibiting the passage of bills between the hours of midnight and eight o'clock a.m. and requiring two-thirds approval for messages of necessity
Purpose or general idea of bill
Concurrent Resolution of the Senate and Assembly proposing an amendment to Section 12 of Article 3 of the Constitution, in relation to prohibit- ing the passage of bills between midnight and eight o'clock a.m. and requiring two-thirds approval for message of necessity.
Summary of specific provisions
Section 1: Amends section 14 of article 3 of the New York State Consti- tution to create new subsections;
a. requiring a 2/3 vote of the Assembly and Senate accepting a message of necessity from the governor or acting governor;
b. bills that have aged shall be passed by a majority of members of the Assembly and Senate;
c. bills shall not be passed in session between 12 o'clock midnight and 8 o'clock a.m., unless session is voted upon to continue by 2/3 of the Assembly and Senate;
d. no amendments shall be considered upon the last reading of a bill.
Section 2: That the foregoing be referred to the first regular legisla- tive 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
Recent uses of the message of necessity by the Governors' office have been applied to push through legislation in an effort to avoid debate, dissection, discussion and criticism. Legislative initiatives such as the NY SAFE Act, Redistricting, Casino gambling, expansion of the DNA Database, Pension Reform and Teacher Evaluations were all pushed through the legislature and signed by the Governor under the cover of darkness with zero input from the public.
This bill is introduced to prevent secret government from keeping many legislators, the public and the media in the dark when significant legislation is being discussed.
Prior legislative history
01/08/15: S.1025 REFERRED TO JUDICIARY 01/16/15: S.1025 TO ATTORNEY-GENERAL FOR OPINION 01/06/16:S.1025 -REFERRED TO JUDICIARY 03/14/16: S.1025 TO ATTORNEY-GENERAL FOR OPINION 04/06/16: S.1025 OPINION REFERRED TO JUDICIARY 01/12/17: S.2087 REFERRED TO JUDICIARY 01/13/17: S.2087 TO ATTORNEY-GENERAL FOR OPINION 02/10/17: S.2087 OPINION REFERRED TO JUDICIARY 01/03/18: S.2087 REFERRED TO JUDICIARY 01/12/18: S.2087 TO ATTORNEY-GENERAL FOR OPINION
02/15/18: S.2087 OPINION REFERRED TO JUDICIARY
Fiscal implications
To be determined.
Effective date
This act 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 Consti- tution, be published for 3 months previous to the time of such election.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.