New York Electronic Bills Amendment, Proposal 2 (2014)

Proposal 2 Type Constitutional amendment Origin New York Legislature Topic State legislatures Status Approved a

2014 measures November 4 Proposal 1a Proposal 2a Proposal 3a Endorsements Expenditures

The New York Electronic Bills Amendment, Proposal 2 was on the November 4, 2014 ballot in the state of New York as a legislatively referred constitutional amendment, where it was approved. The measure was designed to allow legislative bills to be distributed in an electronically written format rather than as paper copies.

Prior to Proposal 2's approval, Section 14 of Article III of the New York Constitution made using a laptop, tablet or other electronic means to distribute a bill unconstitutional. All bills needed to be printed. The constitutional law mandating printed bills was established in 1938.

The amendment was primarily sponsored in the New York Assembly by State Representative Sandy Galef (D-95) as A7868 and in the New York Senate by State Senator Carl Marcellino (R-5) as S4417A.

Election results

Below are the official, certified election results:

New York Proposal 2
Result		Votes	Percentage
a Yes		2,329,959	77.38%
No		681,232	22.62%

Election results via: New York Board of Elections

Text of measure

Ballot title

The official ballot text appeared as follows:

“

Permitting Electronic Distribution of State Legislative Bills The proposed amendment to section 14 of Article 3 of the State Constitution would allow electronic distribution of a state legislative bill to satisfy the constitutional requirement that a bill be printed and on the desks of state legislators at least three days before the Legislature votes on it. It would establish the following requirements for electronic distribution: first, legislators must be able to review the electronically-sent bill at their desks; second, legislators must be able to print the bill if they choose; and third, the bill cannot be changed electronically without leaving a record of the changes. Shall the proposed amendment be approved?

”

Constitutional changes

See also: Article III, New York Constitution

The measure amended Section 14 of Article III of the New York Constitution:

S 14. 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; nor shall any bill be passed or become a law, except by the assent of a majority of the members elected to each branch of the legislature; and upon the last reading of a bill, no amendment thereof shall be allowed, and the question upon its final passage shall be taken immediately thereafter, and the ayes and nays entered on the journal.

For purposes of this section, a bill shall be deemed to be printed and upon the desks of the members if: it is set forth in a legible electronic format by electronic means, and it is available for review in such format at the desks of the members. For the purposes of this section “electronic means” means any method of transmission of information between computers or other machines designed for the purpose of sending and receiving such transmissions and which: allows the recipient to reproduce the information transmitted in a tangible medium of expression; and does not permit additions, deletions or other changes to be made without leaving an adequate record thereof.

Background

Prior to Proposal 2's passage, Section 14 of Article III of the New York Constitution stated: “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…” In sum, the provision mandated that bills needed to be delivered in print and paper form. Utilizing a tablet, laptop or other electronic means to deliver a bill was therefore unconstitutional.

On average, the New York Legislature printed 19 million pages every two years, including the full text of all legislative bills. Officials estimated that the legislature spent $325,000 on paper and ink for printing bills during each legislative session.

Support

The measure was sponsored in the New York Legislature by Rep. Sandy Galef (D-95) and Sen. Carl Marcellino (R-5).

Supporters

The following officials sponsored the amendment in the New York Legislature:

• Sen. Carl Marcellino (R-5)
• Rep. Sandy Galef (D-95)
• Rep. Didi Barrett (D-106)
• Rep. Anthony Brindisi (D-119)
• Rep. David Buchwald (D-93)
• Rep. Karim Camara (D-43)
• Rep. William Colton (D-47)
• Rep. Jane Corwin (R-144)
• Rep. Michael DenDekker (D-34)
• Rep. Jeffrey Dinowitz (D-81)
• Rep. Dennis Gabryszak (D-143)
• Rep. Brian Kavanagh (D-74)
• Rep. Ellen Jaffee (D-97)
• Rep. William Magnarelli (D-129)
• Rep. Nicole Malliotakis (R-64)
• Rep. Steven Otis (D-91)
• Rep. N. Nick Perry (D-58)
• Rep. Samuel Roberts (D-128)
• Rep. Angelo Santabarbara (D-111)
• Rep. Frank Skartados (D-104)
• Rep. James Skoufis (D-99)
• Rep. Phil Steck (D-110)
• Rep. James Tedisco (R-112)
• Rep. David Weprin (D-24)
• Rep. Keith Wright (D-95)
• Rep. Kenneth Zebrowski (D-96)

Arguments

Rep. James Tedisco (R-113) above bins filled with paper to emphasize the large amount used in the legislature.

Rep. James Tedisco (R-112) strongly supported the measure and, as the New York Times described, "waged his own crusade against paper in recent years."

• He complained about the excessive amount of paper, saying, "It’s on our desk, it’s underneath our desk, it’s in our desk, it’s in the hallways, it’s in the document rooms — we’re surrounded by paper."
• He noted, “With the hubbub over passing a constitutional amendment to allow for casino gambling in New York, there's been little discussion about another amendment that could really save tax dollars; enabling state government to go digital. Our founding fathers were wise but they never envisioned iPads, laptops, and smart phones as a means of delivering information.”
• Tedisco noted that the measure would saves tax dollars and is environmentally friendly. He argued, "We're moving the state government into the 21st century with its communications. With passage of this legislation, in November 2014, voters will have the opportunity to save tax dollars and make mother earth smile."

The New York City 2014 Voter Guide included arguments in favor and in opposition to Proposal 2. The following was the guide's argument in favor:

“	The proposed amendment would save a substantial amount in printing, paper, and recycling costs. More than half of other state legislatures have taken steps to go paperless or reduce paper use. New York should not be left behind.	”
—New York City 2014 Voter Guide

Other arguments included the following:

• The amendment's sponsor, Rep. Sandy Galef (D-95), said, “We need to catch up to the modern world. I just hope the public will be supportive and not think we’re doing something strange. It’s going to be a little hard to explain.”

Opposition

The lone legislator to vote against the amendment was Rep. Shelley Mayer (D-90).

Arguments

The New York City 2014 Voter Guide included arguments in favor and in opposition to Proposal 2. The following were the guide's arguments in opposition:

“	The proposed amendment would hurt the pulp and paper business, an important part of New York’s upstate economy. The proposed amendment puts the legislative process at risk of delay due to electronic malfunctions or, possibly, hacking.	”
—New York City 2014 Voter Guide

Media editorial positions

See also: Endorsements of New York ballot measures, 2014’'

Support

• Adirondack Daily Enterprise endorsed a "yes" vote on Proposal 2.
• The Journal News said, "The bipartisan legislation is smart and timely. Primary sponsors State Assemblywoman Sandy Galef, D-Ossining, and state Sen. Carl Marcellino, R-Syosset, deserve kudos. The paper-and-ink savings is pegged at $350,000 a year, according to the Poughkeepsie Journal."
• Newsday said, "Proposal 2 would help usher the State Legislature into the digital age... Albany votes on more than a thousand bills a year. "Printing" them electronically would be more efficient, and the savings should be considerable. Vote yes on proposal No. 2."
• The Post Standard said, "The Legislature prints 19 million pages, on average, per two-year legislative session. Switching to digital would save an estimated $325,000 per session -- and a heck of a lot of trees. It's a no-brainer. Vote yes on Proposition 2."

Path to the ballot

See also: Amending the New York Constitution

According to the New York Constitution, a majority vote was required in two successive sessions of the New York State Legislature in order to qualify the amendment for the statewide ballot.

The measure was referred to the ballot after being approved by both houses in successive terms by simple majority. A7868 was approved for a second time by the New York State Assembly on June 18, 2013. S4417A was approved for a second time by the New York State Senate on June 20, 2013.

Assembly vote

June 18, 2013 Assembly vote

New York A7868 Assembly Vote
Result		Votes	Percentage
a Yes		140	99.29%
No		1	0.71%

Senate vote

June 20, 2013 Senate vote

New York S4417A Senate Vote
Result		Votes	Percentage
a Yes		63	100.00%
No		0	0.00%

See also

Suggest a link

• 2013 ballot measures
• New York 2013 ballot measures
• New York Legislature

External links

• Proposal 2