NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6800
SPONSOR: Gray 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 the
procedure for voting on bills concerning local governments
PURPOSE:
To require a 2/3rds vote of both houses of state legislature in order
for the state to be able to amend, withdraw, or override local govern-
ments' control over land use and zoning.
SUMMARY:
Section 1 amends section'14 of article 3 of the state constitution to
require that any bill to amend, withdraw, or override powers granted to
local government regarding control over land use and zoning, passes with
a two-thirds vote of each branch of the legislature. Provides an excep-
tion for legislation passed through Home Rule legislation.
Section 2 provides the effective date.
JUSTIFICATION:
The purpose of this legislation is to protect the powers granted to
local governments in relation to land use and zoning laws. Requiring a
two-thirds vote of both houses of the state legislature is reasonable in
order to secure widespread agreement amongst the state legislature to
override local governments.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPACT:
None.
EFFECTIVE DATE:
First legislative session after the next general election.
STATE OF NEW YORK
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6800
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. GRAY -- 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 the procedure for voting on bills concerning local
governments
1 Section 1. Resolved (if the Senate concur), That the opening paragraph
2 of section 14 of article 3 of the constitution be amended to read as
3 follows:
4 No bill shall be passed or become a law unless it shall have been
5 printed and upon the desks of the members, in its final form, at least
6 three calendar legislative days prior to its final passage, unless the
7 governor, or the acting governor, shall have certified, under his or her
8 hand and the seal of the state, the facts which in his or her opinion
9 necessitate an immediate vote thereon, in which case it must neverthe-
10 less be upon the desks of the members in final form, not necessarily
11 printed, before its final passage; nor shall any bill, except as
12 provided herein, be passed or become a law, except by the assent of a
13 majority of the members elected to each branch of the legislature; nor
14 shall any bill which seeks to amend, withdraw, or override the powers
15 granted to local governments in the statute of local governments,
16 including control over land use and/or zoning, established in the New
17 York consolidated law by the legislature pursuant to article nine of
18 this constitution and, except any bill which results from the passage of
19 a home rule message pursuant to section two of article nine of this
20 constitution, be passed or become a law, except by the assent of two-
21 thirds of the members elected to each branch of the legislature voting
22 separately; and upon the last reading of a bill, no amendment thereof
23 shall be allowed, and the question upon its final passage shall be taken
24 immediately thereafter, and the ayes and nays entered on the journal.
25 § 2. Resolved (if the Senate concur), That the foregoing amendment be
26 referred to the first regular legislative session convening after the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89109-01-3
A. 6800 2
1 next succeeding general election of members of the assembly, and, in
2 conformity with section 1 of article 19 of the constitution, be
3 published for three months previous to the time of such election.
