Prohibits the passage of bills by the legislature between the hours of midnight and eight o'clock a.m. unless 2/3 of the legislature is present; requires two-thirds approval for messages of necessity.
STATE OF NEW YORK
________________________________________________________________________
4723
2023-2024 Regular Sessions
IN ASSEMBLY
February 23, 2023
___________
Introduced by M. of A. MCGOWAN -- read once and referred to the Commit-
tee 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 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
1 Section 1. Resolved (if the Senate concur), That section 14 of article
2 3 of the constitution be amended to read as follows:
3 § 14. No bill shall be passed or become a law:
4 a. unless it shall have been printed and upon the desks of the
5 members, in its final form, at least three calendar legislative days
6 prior to its final passage, unless the governor, or the acting governor,
7 shall have certified, under his or her hand and the seal of the state,
8 the facts which in his or her opinion necessitate an immediate vote
9 thereon and two-thirds of the members elected to each branch of the
10 legislature assent to such facts that necessitate such immediate vote,
11 in which case it must nevertheless be upon the desks of the members in
12 final form, not necessarily printed, before its final passage; [nor
13 shall any bill be passed or become a law,]
14 b. except by the assent of a majority of the members elected to each
15 branch of the legislature;
16 c. between the hours of midnight and eight o'clock a.m.; provided,
17 however that this provision may be waived upon the assent of two-thirds
18 of the members elected to each branch of the legislature; and
19 d. upon the last reading of a bill, no amendment thereof shall be
20 allowed, and the question upon its final passage shall be taken imme-
21 diately thereafter, and the ayes and nays entered on the journal.
22 For purposes of this section, a bill shall be deemed to be printed and
23 upon the desks of the members if: it is set forth in a legible electron-
24 ic format by electronic means, and it is available for review in such
25 format at the desks of the members. For purposes of this section "elec-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89008-01-3
A. 4723 2
1 tronic means" means any method of transmission of information between
2 computers or other machines designed for the purpose of sending and
3 receiving such transmissions and which: allows the recipient to
4 reproduce the information transmitted in a tangible medium of
5 expression; and does not permit additions, deletions or other changes to
6 be made without leaving an adequate record thereof.
7 § 2. Resolved (if the Senate concur), That the foregoing be referred
8 to the first regular legislative session convening after the next
9 succeeding general election of members of the assembly, and, in conform-
10 ity with section 1 of article 19 of the constitution, be published for 3
11 months previous to the time of such election.
