THE NEW YORK STATE LEGISLATIVE PROCESS: AN ...

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26 THE NEW YORK STATE LEGISLATIVE PROCESS: AN EVALUATION AND BLUEPRINT FOR REFORM ■ PASSAGE IN EACH CHAMBER Several practices and procedures related to the full chambers’ votes on legislation preclude most of New York’s legislators from actively considering – and, in many cases, from even reading a bill – prior to its passage. First, the “message of necessity” (explained below) allows some of the most important bills to be passed without any opportunities for legislators to debate, challenge, or even read them. Second, the procedure known among critics as “empty seat voting,” whereby legislators are automatically counted as affirmative votes for a bill if they have appeared at the start of the day’s proceedings but are no longer in the chamber for the actual vote, helps to ensure that many, if not most, legislators do not actually assent individually to the bills passed. Third, the passage of many bills in the final days of the legislative session precludes rank-and-file members from playing a meaningful role in the negotiation, final drafting, or passage of legislation. FIGURE 11 NEW YORK STATE LEGISLATURE ■ AMENDMENTS OF MAJOR LEGISLATION AFTER LEAVING COMMITTEE 1997-2001 SENATE Major Bills Major Bills Amended* Amendments Announced on Assembly Floor on Date of Amendment(s), with Debate Year Passed by Assembly (% of Major Bills for Year) (% of Major Bills Amended) 1997 43 16 (37%) 0 (0%) 1998 60 21 (35%) 0 (0%) 1999 72 24 (33%) 0 (0%) 2000 82 27 (33%) 0 (0%) 2001 51 18 (35%) 0 (0%) 1997-2001 308 106 (34%) 0 (0%) * 41 bills were amended more than once during the entire five-year period. ASSEMBLY Major Bills Major Bills Amended* Amendments Announced on Assembly Floor on Date of Amendment(s), with Debate Year Passed by Assembly (% of Major Bills for Year) (% of Major Bills Amended) 1997 43 4 (9%) 0 (0%) 1998 60 5 (8%) 0 (0%) 1999 72 11 (15%) 0 (0%) 2000 82 15 (18%) 0 (0%) 2001 51 8 (16%) 0 (0%) 1997-2001 308 43 (14%) 0 (0%) * 20 bills were amended more than once during the entire five-year period.
Finally, analysis of the outcomes of votes in both chambers reveals that no bills that reach the floor for a vote are rejected – a sign of the complete control exercised by the Speaker and Majority Leader over the legislative calendar. ■■ MESSAGES OF NECESSITY The New York State Constitution provides that 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 opinion necessitate an immediate vote thereon, in which case it must nevertheless be upon the desks of the members in final form, not necessarily printed, before its final passage . ... 180 Added to the Constitution in 1894 and strengthened in 1938, this provision seeks to ensure that legislators have the opportunity to read and consider a bill adequately before voting on its final passage and the public has an opportunity to review and comment on a bill before it becomes law. The exception to this requirement is embodied in what has come to be known as a “message of necessity,” the document by which the governor certifies “under his or her hand” and explains the need for immediate consideration of a bill. New York is not unique in requiring bills to be printed in their final form and on legislators’ desks before passage; at least 27 other chambers have similar rules. 181 Among professional legislatures, nine chambers besides New York’s (out of 18) have variations of such rules. 182 See Fig. 12. In addition, at least 71 other chambers follow New York’s pattern in requiring a certain number of readings on separate days (generally three readings on three different days). 183 New York’s requirements are unique in placing the power to override these requirements in the hands of the governor, who can write a message of necessity to waive the aging requirement. 184 In practice, however, the Speaker and Majority Leader request messages of necessity from the office of the governor and thus determine which bills are passed using such a message. 185 Sometimes a message of necessity is used in only one of the two chambers to pass a bill. Far from being reserved for emergencies, the Speaker and Majority Leader use the “message of necessity” frequently to bypass the State’s constitutional aging requirement. From 1997 through 2001, a message of necessity was requested and obtained for at least one chamber’s vote on 26.9% of the major legislation that was passed. 186 See Fig. 13. In addition, the messages of necessity often do not state any particular facts that “necessitate an immediate vote” on the bill and are usually signed by autopen by the counsel’s office rather than “under [the Governor’s] hand” as required specifically by the Constitution. 187 As it is currently used, the message of necessity NEW YORK STATE’S LEGISLATIVE PROCESS 27
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Page 7: CONTENTS Executive Summary. . . . .
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Page 19 and 20: INTRODUCTION It has become somethin
Page 21 and 22: ■ Accessibility. An accessible le
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Page 25 and 26: ■■ REFERRAL OF LEGISLATION TO C
Page 27 and 28: legislation. As a result, the final
Page 29 and 30: ■■ COMMITTEE REPORTS Legislatur
Page 31 and 32: usually adopted by the full committ
Page 33 and 34: Neither of New York State’s two c
Page 35 and 36: FIGURE 5 RESTRICTIONS ON MOTIONS TO
Page 37 and 38: that is overturned; this allows the
Page 39 and 40: of these committees. 142 In 1971, a
Page 41 and 42: into, a bill because the committee
Page 43: Additional research is necessary to
Page 47 and 48: maybe 20 staff people saw it before
Page 49 and 50: Few other states rely so heavily up
Page 51 and 52: Both the fast roll call (also known
Page 53 and 54: that the leaders exert over which b
Page 55 and 56: Nor is this pattern a recent phenom
Page 57 and 58: A COMPARATIVE SUMMARY OF NEW YORK
Page 59 and 60: State A COMPARATIVE SUMMARY OF LEGI
Page 61 and 62: THE IMPACT OF NEW YORK’S DYSFUNCT
Page 69 and 70: the people of New York State by acq
Page 71 and 72: RECOMMENDATIONS FOR REFORM The refo
Page 73 and 74: ■ Motions to discharge a bill may
Page 75 and 76: ENDNOTES 1 See, e.g., Albany’s Ad
Page 77 and 78: the New York State Legislature was
Page 79 and 80: 41 MAJOR LEGISLATION COMMITTEE ANAL
Page 81 and 82: Fin. Network, Inc., 830 A.2d 711, 7
Page 83 and 84: ers, the committee chair and majori
Page 85 and 86: 90-day session and the 105th day of
Page 87 and 88: at 244, 547-48. 148 Aubrey Jewett,
Page 89 and 90: 175 MAJOR LEGISLATION ANALYSIS 1997
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METHODOLOGY The research for this r
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■ Vote Outcomes for All Bills 199
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TELEPHONE SURVEY RESPONDENTS Alabam
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Montana Legislative Services Divisi
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BRENNAN CENTER FOR JUSTICE BOARD OF
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BRENNAN CENTER FOR JUSTICE AT NYU S
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