senate Bill S357A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Assembly


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 13, 2011 delivered to secretary of state
Jun 20, 2011 returned to senate
passed assembly
ordered to third reading rules cal.520
substituted for a5274a
Jun 17, 2011 referred to ways and means
delivered to assembly
passed senate
Jun 16, 2011 ordered to third reading cal.1324
committee discharged and committed to rules
Jun 03, 2011 print number 357a
amend and recommit to judiciary
Apr 27, 2011 opinion referred to judiciary
Jan 14, 2011 to attorney-general for opinion
Jan 05, 2011 referred to judiciary

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S357 - Bill Details

See Assembly Version of this Bill:
A5274A
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 §14, Constn
Versions Introduced in 2009-2010 Legislative Session:
S360, A6340A

S357 - Bill Texts

view 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.

view 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.

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                    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

Co-Sponsors

S357A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5274A
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 §14, Constn
Versions Introduced in 2009-2010 Legislative Session:
S360, A6340A

S357A (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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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