S 48 NY
Relates to amending the constitution to prohibit an immediate vote to be called on budget bills
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Summary
This concurrent resolution proposes an amendment to the New York State Constitution to prohibit the governor from issuing a "message of necessity" to bypass the normal three-day printing and desk requirement for budget bills and appropriation bills. Currently, the governor can use a message of necessity to expedite passage of any bill, including budget bills. The proposed amendment would maintain the governor's ability to do this for all other bills, but specifically forbid it for budget-related legislation. The amendment requires referral to the first regular legislative session after the next general election and must be published for three months before that election. If approved by the legislature again in the next session and then by voters in a referendum, the amendment would become part of the state constitution.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
Amends the constitution to prohibit an immediate vote from being called by the governor or acting governor on any budget bills.
Sponsor (1)
- Mark Walczyk Republican · primary
12 coauthors / cosponsors
- Jake Ashby Republican · cosponsor
- George Borrello Republican · cosponsor
- Patricia Canzoneri-Fitzpatrick Republican · cosponsor
- Jack M. Martins Republican · cosponsor
- Mario Mattera Republican · cosponsor
- Dean Murray Republican · cosponsor
- Peter Oberacker Republican · cosponsor
- Thomas F. O'Mara Republican · cosponsor
- Robert Rolison Republican · cosponsor
- Dan Stec Republican · cosponsor
- William Weber Republican · cosponsor
- Alexis Weik Republican · cosponsor
Action history (10)
- Jan 8, 2025 REFERRED TO JUDICIARY · upper
- Jan 8, 2025 TO ATTORNEY-GENERAL FOR OPINION · upper
- Jan 31, 2025 OPINION REFERRED TO JUDICIARY · upper
- Mar 18, 2025 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED · upper
- May 12, 2025 DEFEATED IN JUDICIARY · upper
- Jan 7, 2026 REFERRED TO JUDICIARY · upper
- Jan 8, 2026 TO ATTORNEY-GENERAL FOR OPINION · upper
- Feb 3, 2026 OPINION REFERRED TO JUDICIARY · upper
- Mar 17, 2026 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED · upper
- May 5, 2026 DEFEATED IN JUDICIARY · upper
Text versions (2)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S00048 Summary: BILL NO S00048   SAME AS SAME AS A05662
  SPONSOR WALCZYK   COSPNSR ASHBY, BORRELLO, CANZONERI-FITZPATRICK, MARTINS, MATTERA, MURRAY, OBERACKER, O'MARA, ROLISON, STEC, WEBER, WEIK   MLTSPNSR   Amd Art 3 §14, Constn   Amends the constitution to prohibit an immediate vote from being called by the governor or acting governor on any budget bills.
Go to top S00048 Text:
STATE OF NEW YORK ________________________________________________________________________
48
2025-2026 Regular Sessions
IN SENATE
(Prefiled)
January 8, 2025 ___________
Introduced by Sens. WALCZYK, ASHBY, BORRELLO, MATTERA, MURRAY, OBERACK- ER, O'MARA, ROLISON, WEBER, WEIK -- 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 prohibiting the governor from issuing a message of necessity for budget related bills
1 Section 1. Resolved (if the Assembly concur), That section 14 of arti- 2 cle 3 of the constitution be amended to read as follows: 3 § 14. No bill shall be passed or become a law unless it shall have 4 been printed and upon the desks of the members, in its final form, at 5 least three calendar legislative days prior to its final passage, unless 6 the governor, or the acting governor, shall have certified, under his or 7 her hand and the seal of the state, the facts which in his or her opin- 8 ion necessitate an immediate vote thereon, in which case it must never- 9 theless be upon the desks of the members in final form, not necessarily 10 printed, before its final passage , provided, however, such immediate 11 vote shall not be permitted for budget bills or appropriation bills 12 relating thereto ; nor shall any bill be passed or become a law, except 13 by the assent of a majority of the members elected to each branch of the 14 legislature; and upon the last reading of a bill, no amendment thereof 15 shall be allowed, and the question upon its final passage shall be taken 16 immediately thereafter, and the ayes and nays entered on the journal. 17 For purposes of this section, a bill shall be deemed to be printed and 18 upon the desks of the members if: it is set forth in a legible electron- 19 ic format by electronic means, and it is available for review in such 20 format at the desks of the members. For purposes of this section "elec- 21 tronic means" means any method of transmission of information between 22 computers or other machines designed for the purpose of sending and 23 receiving such transmissions and which: allows the recipient to 24 reproduce the information transmitted in a tangible medium of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89001-01-5
S. 48 2
1 expression; and does not permit additions, deletions or other changes to 2 be made without leaving an adequate record thereof. 3 § 2. Resolved (if the Assembly concur), That the foregoing amendment 4 be referred to the first regular legislative session convening after the 5 next succeeding general election of members of the assembly, and, in 6 conformity with section 1 of article 19 of the constitution, be 7 published for 3 months previous to the time of such election.
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