senate Bill S357

Amended

Allows satisfaction of constitutional requirement that bills be on members desks by distribution of bills in electronically written form

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO JUDICIARY
  • 14 / Jan / 2011
    • TO ATTORNEY-GENERAL FOR OPINION
  • 27 / Apr / 2011
    • OPINION REFERRED TO JUDICIARY
  • 03 / Jun / 2011
    • AMEND AND RECOMMIT TO JUDICIARY
  • 03 / Jun / 2011
    • PRINT NUMBER 357A
  • 16 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1324
  • 17 / Jun / 2011
    • PASSED SENATE
  • 17 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 20 / Jun / 2011
    • SUBSTITUTED FOR A5274A
  • 20 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.520
  • 20 / Jun / 2011
    • PASSED ASSEMBLY
  • 20 / Jun / 2011
    • RETURNED TO SENATE
  • 13 / Sep / 2011
    • DELIVERED TO SECRETARY OF STATE

Summary

Allows satisfaction of constitutional requirement that bills be on members desks prior to passage/voting by distribution of bills in electronically written form: provides that 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; provides that "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.

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Bill Details

Versions:
S357
S357A
Legislative Cycle:
2011-2012
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 ยง14, Constn
Versions Introduced in Previous Legislative Cycles:
2009-2010: A5274A, S360
2007-2008: A3593

Sponsor Memo

BILL NUMBER:S357

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 manner of passing bills

PURPOSE:
Allows satisfaction of constitutional requirement that bills be on
members' desks by distribution of bills in electronically written form.

SUMMARY OF PROVISIONS:
Amends Section 14 of Article 3 of the constitution relating to the
requirement that no bill shall be passed or become law unless it
shall have been printed and placed upon the desks of members. This
bill adds language that specifies that a bill shall be deemed printed
and on members' desks if:

* It is set forth in a legible electronic format by electronic means,
and

* It is available for review at the desks of members. Also,
"electronic means" is specifically defined to mean any method of
transmission between computers that:

* Allows the recipient to reproduce the information transmitted in a
tangible medium, so that if any member prefers to review the
information printed on paper, he or she can do so, and

* Does not allow additions, deletions or other changes to be made
without leaving an adequate record thereof.

JUSTIFICATION:
In today's technologically advanced age, a tremendous amount of time,
money, and paper can be saved by placing bills on the desks of
members, prior to voting, in electronic rather than paper form. The
benefits would be especially pronounced when voting on budget bills.
Now, long sessions are made even longer due to the fact that members
must wait for bills to be printed as last minute changes are made.
Entering bills into a computer, subsequently sending them to
computers on members' desks, would be faster and more cost effective.
This bill would allow this option.

Members who prefer to review a paper version of any bill should have
access to a printer. This legislation clearly specifies that every
member who so desires must have access to a paper version of any
legislation on his or her desk.

LEGISLATIVE HISTORY:
02/01/06 Opinion Referred to Judiciary
2007 - S.2981 Opinion Referred to Judiciary
2008 - S.2981 Opinion Referred to Judiciary
2009 - S.360 Opinion Referred to Judiciary
2010 - S.360 Opinion Referred to Judiciary

FISCAL IMPLICATIONS:


To be determined.

EFFECTIVE DATE:
Resolved (if the Assembly concur) that the foregoing amendment be
referred to the first regular legislative session convening after the
next succeeding general election.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   357

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- 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 the manner of passing bills

  Section 1. Resolved (if the Assembly concur), That section 14 of arti-
cle 3 of the constitution be amended to read as follows:
  S  14.  No  bill  shall be passed or become a law unless it shall have
been printed and upon the desks of the members OR, AT A MEMBERS' OPTION,
IF IT HAS BEEN SET FORTH IN A LEGIBLE ELECTRONIC  FORMAT  BY  ELECTRONIC
MEANS  AND  HAS  BEEN AVAILABLE FOR REVIEW IN SUCH FORMAT AT THE DESK OF
SUCH MEMBER, 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, 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 legis-
lature;  and upon the last reading of a bill, no amendment thereof shall
be allowed, and the question upon its final passage shall be taken imme-
diately thereafter, and the ayes and nays entered on the journal.
  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.
  S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89008-01-1

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