Senate Bill S226

                                
 
BILL NUMBER: S226

SPONSOR: TEDISCO
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 3 of article 4 of the constitution, in relation to establish-
ing a procedure for the governor's annual message to the legislature
regarding the state of the state

 
PURPOSE:

This legislation would require that the Governor's annual State of the
State address be delivered orally in the Assembly Chamber, during the
first week of session, with a quorum of the Senate and the Assembly
present.

 
SUMMARY OF PROVISIONS:

Section 1 requires that the Governor's annual State of the State address
be delivered orally in the Assembly Chamber, during the first week of
              

session, with a quorum of the Senate and the Assembly present.

Section 2 provides for the effective date.

 
JUSTIFICATION:

Our public officials have a responsibility to ensure that any process
undertaken using taxpayer dollars is evident, open and transparent.
This openness sends a message to taxpayers that their government is
continuing to operate in the interest of the people it serves. For exam-
ple, the federal State of the Union is held annually, in the House of
Representatives, in the same format, and the information being relayed
is easily discernable by the entire Country at the same time. As the
peoples' representatives, we should be a primary conduit between the
Chief Executive recommendations and the citizens.

The NY State Constitution envisioned lawmakers as the target audience
for an annual message from the Governor on the overall well-being of the
State. Prior to 1923 when Governor Alfred E Smith used this authority to
create a State of the State address, governors traditionally delivered a
written message to the Legislature. Yet, Article 4, Section 3 requires
that the Governor "communicate by message to the Legislature at each
Session the condition of the state, and recommend such matters to it as
he or she shall judge expedient". This leaves too much room for gover-
nors to inconsistently change the venue and method by which the message
is delivered, lessening the opportunity for citizens to remain aware of
the overall well-being of their home State.

The Assembly Chamber, having served as the venue for the State of the
State address for most of the time since Governor Smith's address, is
adequately equipped and recognizable by our citizens as the location for
the event, and has served to keep our citizens informed our Legislators
working together.

 
LEGISLATIVE HISTORY:

01/10/17: S.1639 Referred to Judiciary
01/13/17: S.1639 To Attorney - General for Opinion
02/10/17: S.1639 Opinion Referred to Judiciary
01/03/18: S.1639 Referred to Judiciary
01/12/18: S.1639 To Attorney - General for Opinion
02/15/18: S.1639 Referred to Judiciary
01/09/19: S.552 REFERRED TO JUDICIARY
01/11/19: S.552 TO ATTORNEY-GENERAL FOR OPINION
02/07/19: S.552 OPINION REFERRED TO JUDICIARY
01/08/20: S.552 REFERRED TO JUDICIARY
02/14/20: S.552 TO ATTORNEY-GENERAL FOR OPINION

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS

None

 
EFFECTIVE DATE:
Resolved (if the HOUSE concurs), 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.