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NYSAFE Resolution No 35 of 2013

NYSAFE Resolution No 35 of 2013

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Published by Evan Hempel
Town of Argyle
Town of Argyle

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Published by: Evan Hempel on Feb 27, 2013
Copyright:Attribution Non-commercial

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02/27/2013

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Resolution No.35 of 2013TITLE: In Opposition to the Manner of Passage of the New York SAFE Act.WHEREAS, The New York State Constitution requires a three-day waiting period betweenthe introduction of any legislation and the vote on it but a special clause allows the governor,in the event of an
emergency
, to issue a "message of necessity" suspending the three-daywaiting period; andWHEREAS, the so-called NYSAFE legislation (S2230/A2388) was rushed through thelegislature under a message of necessity; andWHEREAS, this process circumvents reasonable consideration and discourse by legislatorsas well as inhibiting public comment and consideration; andWHEREAS, of 56 sections in the bill, only two begin immediately, the rest will not beeffective for various time periods ranging from 60 days to one year; andWHEREAS, the message of necessity has become an increasingly used method for Governors and the legislature to disregard the requirements of the law concerning allowingtime to debate legislation; andWHEREAS, Governor Cuomo used the message of necessity 34 times during his tenure asgovernor in 2011 and 2012, compared to 57 times in 2010 alone, he has still used suchmessages to stifle debate on controversial issues such as the Marriage Equality bill in 2011;andWHEREAS, a 2004 report by the Brennan Center for Justice found that 27 percent of allmajor legislation passed issued from a message of necessity and from 1997 through 2001,95.5% of the major legislation in the Assembly and 95.1% in the Senate were passedwithout any debate; andWHEREAS, the exigence was predicated on a tragic incident in another state but the action of thestatute relates only very tangentially to the actual event and contains neither language nor  provision that would have inhibited that callous crime; andWHEREAS, it is the expectation of the populous that the legislative and executive branches of government would initiate actions that impact citizens’ rights in a profound and immediatemanner only after thoughtful deliberation and further after interaction with their constituency; andWHEREAS, the effect of this legislation is to disenfranchise and discriminate against a particular group within our society; andWHEREAS, the governor has pledged to inflict no new unfounded mandates on localgovernments yet this legislation places several costly mandates on County governments with nocorresponding revenue; and

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