Bill S1288-2013

Provides for the submission to the people the question of whether or not to convene a constitutional convention

Provides for the submission to the people the question of whether or not to convene a constitutional convention for the sole and limited purposes of choosing a lieutenant governor in the event of a vacancy in office and for achieving real property tax law reform.

Details

Actions

  • Jan 8, 2014: REFERRED TO ELECTIONS
  • Jan 9, 2013: REFERRED TO ELECTIONS

Memo

BILL NUMBER:S1288

TITLE OF BILL: An act to provide for the submission to the people of a proposition or question to convene a constitutional convention

PURPOSE: To provide for a constitutional convention to be called for the limited purpose of providing for a process of choosing a lieutenant governor in the event of a vacancy in such office and for real property tax reform.

SUMMARY OF PROVISIONS:

Section 1 provides for the question to be put to the people.

Section 2 provides that if the question is answered in the affirmative that to provisions of section 2 of Article XIX of the constitution shall apply and be implemented.

Section 3 provides for the effective date.

JUSTIFICATION: On two occasions within the last 25 years and 15 times over the history of the State, the State of New York has not had a lieutenant governor. The office remains vacant until the next gubernatorial election. The office of lieutenant governor has many functions including being first in the gubernatorial succession and president of the Senate.

The Governor, on July 8, 2009, had attempted to appoint a Lieutenant Governor relying upon the Public Officers Law. This issue should be taken up before a constitutional convention where the matter can be debated and given consideration which then can be presented to the people on the ballot.

LEGISLATIVE HISTORY: 2011-12 S.2680; 2010 S.6088.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1288 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to provide for the submission to the people of a proposition or question to convene a constitutional convention THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Pursuant to the provisions of section 2 of article XIX of the New York state constitution, the question "Shall there be a conven- tion to revise the constitution and amend the same for the sole and limited purposes of providing for a process of choosing a lieutenant governor in the event of a vacancy in such office and for achieving real property tax law reform?" shall be submitted to and decided by the people of the state at the general election to be held in the next succeeding November after the effective date of this act. S 2. If the question stated in section one of this act is answered in the affirmative by a majority of all votes cast for and against it, decided in favor of a convention for such purpose, the procedures and provisions of section 2 of article XIX of the constitution shall apply and be implemented, except that such convention shall only consider and submit amendments to the constitution for the sole and limited purposes of providing for a process of choosing a lieutenant governor in the event of a vacancy in such office and for achieving real property tax law reform. S 3. This act shall take effect immediately; provided that the provisions of section two of this act shall not take effect unless and until the question proposed in section one of this act shall have been submitted to the people at the general election to be held in the next succeeding November after the effective date of this act, and shall have received a majority of all votes cast for and against it at such election. Upon approval by the people, section two of this act shall
take effect immediately. The ballots to be furnished for the use of the voters upon the submission of section one of this act shall be in the form prescribed by the election law, and the proposition or question to be submitted shall be printed in the following form: "Shall there be a convention to revise the constitution and amend the same for the sole and limited purposes of providing for a process of choosing a lieutenant governor in the event of a vacancy in such office and for achieving real property tax law reform?"

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