senate Bill S357A

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

See Assembly Version of this Bill:
A5274A
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, A6340A
2007-2008: A3593, A2108

Sponsor Memo

BILL NUMBER:S357A

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 OR GENERAL IDEA OF BILL:
Allows satisfaction of constitutional requirement that bills be on
Members' desks by distribution of bills in electronically written form.

SUMMARY OF SPECIFIC 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:
* i. 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
* ii. 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 significant amount of time,
money, and paper can be saved by providing legislation on the desks
of Members, prior to their voting, in electronic rather than paper
format. The benefits would be especially pronounced when voting on
budget bills since they are voluminous by nature. The Legislative
Session, currently lengthy, is additionally protracted since members
must wait for each piece of legislation to be reprinted as last
minute changes are incorporated. Inputting bills into a software
program on a computer, transmitting them through electronic means to
individual computers located on each member's desk, would speed up
the process. Through the reduction of paperwork and time expended in
the current process results in a more efficient and cost effective
one. This legislation would make an electronic option available to
all Members.

Members who prefer to receive and review a paper version of any bill
will have access to one.
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.

PRIOR LEGISLATIVE HISTORY:
A.6340A and S.8234 of 2009/2010
A.2108 and S.2981 of 2007/2008
A.2057 and S.4659 of 2005/2006
A.6497 and S.4128 of 2003/2004
A.5770 of 2001/2002
A.4870 of 1999/2000
A.8542 of 1997/1998

FISCAL IMPLICATIONS:
There is an initial cost for installing a computer system in the
Assembly and Senate chambers, but thereafter a savings in printing
costs.

EFFECTIVE DATE:
Resolved (if the Senate concurs) 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--A

                       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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

            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, 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  opin-
ion  necessitate an immediate vote thereon, in which case it must never-
theless 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 ELECTRON-
IC FORMAT BY ELECTRONIC MEANS, AND IT IS AVAILABLE FOR  REVIEW  IN  SUCH
FORMAT  AT THE DESKS OF THE MEMBERS. FOR PURPOSES OF THIS SECTION "ELEC-
TRONIC 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89008-03-1

S. 357--A                           2

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.

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