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.

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S1288-2013 Actions

• Jan 9, 2013: REFERRED TO ELECTIONS

S1288-2013 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.

S1288-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1288

                         2013-2014 Regular Sessions

                              I N  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03789-01-3

 S. 1288                             2

  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?"