senate Bill S1132

2013-2014 Legislative Session

Clarifies that bill passed by senate and assembly must be presented to the governor

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Archive: Last Bill Status - In Committee


  • 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
Feb 19, 2014 opinion referred to judiciary
Jan 13, 2014 to attorney-general for opinion
Jan 08, 2014 referred to judiciary
Feb 06, 2013 opinion referred to judiciary
Jan 11, 2013 to attorney-general for opinion
Jan 09, 2013 referred to judiciary

Co-Sponsors

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S1132 - Bill Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 §7, Constn
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1446
2009-2010: S419

S1132 - Bill Texts

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Directs that every bill passed by both the senate and assembly must be presented to the governor within thirty days of receipt by house of origin; provided if the bill is returned to the house of origin after May first, then it must be presented to the governor within forty-five days.

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BILL NUMBER:S1132

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment
to section 7 of article 4 of the constitution, in relation to
legislative bills

PURPOSE:
This bill would amend the Constitution by requiring that legislation
passed by the senate and Assembly must be presented to the Governor
within a definitive time frame.

SUMMARY OF PROVISIONS:
Section 1 - requires that every bill that has passed the Senate and
Assembly shall be presented to the Governor within thirty days of
receipt by the house of origin, provided, however if the bill is
returned to the house of origin after May 1st, then it must be
presented to the Governor within forty-five days.

Section 2 - states that the foregoing 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.

JUSTIFICATION:
In the 1994 lawsuit titled CAMPAIGN FOR FISCAL EQUITY, INC. V. MARINO,
the petitioners claimed that after the "Maintenance of Effort" bill
passed both the Assembly and the Senate, the Legislature had
intentionally refused to present this bill to the Governor regardless
of the constitutional requirement to do so. After a lengthy court
battle, the Court of Appeals held that it was unconstitutional to
withhold bills from the Governor that had been acted on by both
houses. The intent of this bill is to further clarify the
constitutional requirement set forth in Article 4, Section 7. It is
not uncommon for the presentment of a bill to be delayed. In the
past, bills have been detained for various political and legislative
reasons. These delays further frustrate the open and orderly process
of government. This measure would help to ensure that bills are
presented in a timely fashion.

LEGISLATIVE HISTORY:
2011/12: S.1446 Remained in Senate Committee on Judiciary
2009/10: S.419 Remained in the Senate Committee on Judiciary
2007/08: S.732 Remained in the Senate Committee on Judiciary
2005/06: S.224A Remained in the Senate Committee on Judiciary

EFFECTIVE DATE:
Resolved should the Assembly concur, that the foregoing 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 three months previous to the time of such election.


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

                                  1132

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  BRESLIN,  ADAMS,  DILAN, HASSELL-THOMPSON, KLEIN,
  KRUEGER, PARKER, SAMPSON, SAVINO, SMITH,  STAVISKY,  VALESKY  --  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 7 of article 4 of the constitution, in
  relation to legislative bills

  Section 1. Resolved (if the Assembly concur), That section 7 of  arti-
cle 4 of the constitution be amended to read as follows:
  S  7.  Every  bill  which  shall  have  passed the senate and assembly
shall[, before it becomes a law,] be presented to  the  governor  WITHIN
THIRTY DAYS OF RECEIPT BY THE HOUSE OF ORIGIN, PROVIDED, HOWEVER, IF THE
BILL IS RETURNED TO THE HOUSE OF ORIGIN AFTER MAY FIRST, THEN IT MUST BE
PRESENTED  TO  THE  GOVERNOR  WITHIN  FORTY-FIVE  DAYS;  if the governor
approve, he or she shall sign it; but if not, he or she shall return  it
with  his  or  her objections to the house in which it shall have origi-
nated, which shall enter the objections at large  on  the  journal,  and
proceed  to  reconsider it. If after such reconsideration, two-thirds of
the members elected to that house shall agree to pass the bill, it shall
be sent together with the objections, to the other house,  by  which  it
shall  likewise  be  reconsidered;  and if approved by two-thirds of the
members elected to that house, it shall become a law notwithstanding the
objections of the governor. In all such cases the votes in  both  houses
shall  be  determined  by  yeas  and  nays, and the names of the members
voting shall be entered on the journal of each  house  respectively.  If
any  bill shall not be returned by the governor within ten days (Sundays
excepted) after it shall have been presented to him  or  her,  the  same
shall  be a law in like manner as if he or she had signed it, unless the
legislature shall, by their adjournment, prevent its  return,  in  which
case  it shall not become a law without the approval of the governor. No
bill shall become a law after the final adjournment of the  legislature,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89018-01-3

S. 1132                             2

unless  approved  by the governor within thirty days after such adjourn-
ment. If any bill presented to the governor  contain  several  items  of
appropriation  of  money, the governor may object to one or more of such
items while approving of the other portion of the bill. In such case the
governor  shall  append to the bill, at the time of signing it, a state-
ment of the items to which he or she objects; and the  appropriation  so
objected  to shall not take effect. If the legislature be in session, he
or she shall transmit to the house in which the bill originated  a  copy
of  such statement, and the items objected to shall be separately recon-
sidered. If on reconsideration one or more of such items be approved  by
two-thirds  of the members elected to each house, the same shall be part
of the law, notwithstanding the objections  of  the  governor.  All  the
provisions  of  this  section,  in relation to bills not approved by the
governor, shall apply in  cases  in  which  he  or  she  shall  withhold
approval from any item or items contained in a bill appropriating money.
  S 2. Resolved (if the Assembly concur), That the foregoing be referred
to  the  first  regular  legislative  session  convening  after the next
succeeding general election of members of the assembly, and, in conform-
ity 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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