senate Bill S4417A

2013-2014 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 Via A7868 - Passed Senate


  • 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
Jun 26, 2013 delivered to secretary of state
Jun 20, 2013 returned to assembly
passed senate
3rd reading cal.1528
substituted for s4417a
Jun 20, 2013 substituted by a7868
ordered to third reading cal.1528
committee discharged and committed to rules
Jun 05, 2013 print number 4417a
amend and recommit to judiciary
Apr 25, 2013 opinion referred to judiciary
Apr 01, 2013 to attorney-general for opinion
Mar 27, 2013 referred to judiciary

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S4417 - Bill Details

See Assembly Version of this Bill:
A7868
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 §14, Constn
Versions Introduced in Previous Legislative Sessions:
2011-2012: S357A, A1526, A5274A
2009-2010: S360, A1260A, A6340A

S4417 - 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:S4417

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:

* 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.

LEGISLATIVE HISTORY:


2011:S. 357-A Passed Senate/A. 5274-A Passed Assembly
2009-10:S. 360 Judiciary
2009-10:S. 8234 Judiciary/A.6340A Judiciary
2007-08:S. 2981 Judiciary/A.2108 Judiciary
2005-06:S. 4659 Judiciary/A.2057 Judiciary
2003-04:S. 4128 Judiciary/A.6497 Judiciary
2001-02:A.5770 Judiciary
1999-00:A.4870 Judiciary
1997-98:A.8542 Judiciary

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 Assembly concurs) that the foregoing amendment be
submitted to the people for approval at the general election to be
held in the year 2013 in accordance with the provisions of the
election law.

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

                                  4417

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 27, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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, 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
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 submitted to the people for approval at the general  election  to  be
held  in the year 2013 in accordance with the provisions of the election
law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89050-01-3

S4417A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7868
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 §14, Constn
Versions Introduced in Previous Legislative Sessions:
2011-2012: S357A, A1526, A5274A
2009-2010: S360, A1260A, A6340A

S4417A (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:S4417A

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.:

* 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.

LEGISLATIVE HISTORY: 2011:S 357-A Passed Senate/A.5274-A Passed
Assembly 2009-10: S.360 Judiciary 2009-10: S.8234 Judiciary/A.6340A
Judiciary 2007-08: S.2981 Judiciary/A.2108 Judiciary 2005-06: S.4659
Judiciary/A.2057 Judiciary 2003-04: S.4128 Judiciary/A.6497 Judiciary
2001-02: A.5770 Judiciary 1999-00: A.4870 Judiciary 1997-98: A.8542
Judiciary


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 Assembly concurs) that the foregoing
amendment be submitted to the people for approval at the general
election to be held in the year 2014 in accordance with the provisions
of the election law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4417--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 27, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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
EXPRESSION; AND DOES NOT PERMIT ADDITIONS, DELETIONS OR OTHER CHANGES TO
BE MADE WITHOUT LEAVING AN ADEQUATE RECORD THEREOF.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89050-02-3

S. 4417--A                          2

  S  2.  Resolved (if the Assembly concur), That the foregoing amendment
be submitted to the people for approval at the general  election  to  be
held  in the year 2014 in accordance with the provisions of the election
law.

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