BILL NUMBER:S5967

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 requiring the assent of a two-thirds majority of the
members elected to each branch of the legislature prior to the
immediate vote on any legislation which has not aged for three days

PURPOSE:

This bill requires legislation delivered to the legislature by a
message of necessity, to be adopted only if it is widely supported,
that is by a 2/3 majority in both houses. By requiring that such
legislation must expire no later than two years after it becomes
effective, it would have to be reconsidered and voted upon again to
stay in effect, thus allowing time for sufficient review and comment.

SUMMARY OF PROVISIONS:

Section 14 of Article 3 of the Constitution is amended to provide that
a bill brought to an immediate vote by the Governor, must have the
vote of a two-thirds majority of the members in each branch of the
legislature to be enacted into law and such law, must expire no later
than two years from its effective date.

EXISTING LAW:
              

Bills brought to vote by a message of necessity need the assent of a
majority of the members of both houses for passage. Once the bill is
enacted into law, it is the law without further consideration.

JUSTIFICATION:

Section 14 of Article 3 of the Constitution provides for a three day
period between legislation being placed on the desks of members and
its vote. This waiting period was intended to allow the members to
read, digest and receive comment from their constituents in order to
make an informed voting decision. The Governor's message of necessity
was created to allow for those rare instances when waiting three days
would not be acceptable, even life threatening. However, this
concession for the occasional need for speed has been used for
political manipulation to avoid public involvement. If there is a need
so urgent that it cannot wait three days, it should be widely
supported, therefore requiring a two-thirds majority for passage in
each legislative branch. If the members are to be expected to vote on
legislation without sufficient time for public comment and a thorough
review and analysis by the legislature, it would be prudent for the
legislation to expire no later than two years from its effective date.
This would allow the emergency that necessitated an immediate vote to
be dealt with in an expedited manner while allowing time to review and
receive public comment on the legislation for a revote.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:


None

EFFECTIVE DATE:

If the Senate and Assembly concur, the foregoing shall 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 election.