Bill Text: NY S01132 | 2013-2014 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2014-02-19 - OPINION REFERRED TO JUDICIARY [S01132 Detail]

Download: New_York-2013-S01132-Introduced.html

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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
    1    Section 1. Resolved (if the Assembly concur), That section 7 of  arti-
    2  cle 4 of the constitution be amended to read as follows:
    3    S  7.  Every  bill  which  shall  have  passed the senate and assembly
    4  shall[, before it becomes a law,] be presented to  the  governor  WITHIN
    5  THIRTY DAYS OF RECEIPT BY THE HOUSE OF ORIGIN, PROVIDED, HOWEVER, IF THE
    6  BILL IS RETURNED TO THE HOUSE OF ORIGIN AFTER MAY FIRST, THEN IT MUST BE
    7  PRESENTED  TO  THE  GOVERNOR  WITHIN  FORTY-FIVE  DAYS;  if the governor
    8  approve, he or she shall sign it; but if not, he or she shall return  it
    9  with  his  or  her objections to the house in which it shall have origi-
   10  nated, which shall enter the objections at large  on  the  journal,  and
   11  proceed  to  reconsider it. If after such reconsideration, two-thirds of
   12  the members elected to that house shall agree to pass the bill, it shall
   13  be sent together with the objections, to the other house,  by  which  it
   14  shall  likewise  be  reconsidered;  and if approved by two-thirds of the
   15  members elected to that house, it shall become a law notwithstanding the
   16  objections of the governor. In all such cases the votes in  both  houses
   17  shall  be  determined  by  yeas  and  nays, and the names of the members
   18  voting shall be entered on the journal of each  house  respectively.  If
   19  any  bill shall not be returned by the governor within ten days (Sundays
   20  excepted) after it shall have been presented to him  or  her,  the  same
   21  shall  be a law in like manner as if he or she had signed it, unless the
   22  legislature shall, by their adjournment, prevent its  return,  in  which
   23  case  it shall not become a law without the approval of the governor. No
   24  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
    1  unless  approved  by the governor within thirty days after such adjourn-
    2  ment. If any bill presented to the governor  contain  several  items  of
    3  appropriation  of  money, the governor may object to one or more of such
    4  items while approving of the other portion of the bill. In such case the
    5  governor  shall  append to the bill, at the time of signing it, a state-
    6  ment of the items to which he or she objects; and the  appropriation  so
    7  objected  to shall not take effect. If the legislature be in session, he
    8  or she shall transmit to the house in which the bill originated  a  copy
    9  of  such statement, and the items objected to shall be separately recon-
   10  sidered. If on reconsideration one or more of such items be approved  by
   11  two-thirds  of the members elected to each house, the same shall be part
   12  of the law, notwithstanding the objections  of  the  governor.  All  the
   13  provisions  of  this  section,  in relation to bills not approved by the
   14  governor, shall apply in  cases  in  which  he  or  she  shall  withhold
   15  approval from any item or items contained in a bill appropriating money.
   16    S 2. Resolved (if the Assembly concur), That the foregoing be referred
   17  to  the  first  regular  legislative  session  convening  after the next
   18  succeeding general election of members of the assembly, and, in conform-
   19  ity with section 1 of article 19 of the constitution, be published for 3
   20  months previous to the time of such election.