Bill S2490-2011

Relates to a limited constitutional convention to amend articles III, IV, V and VIII of the constitution only

Relates to a limited constitutional convention to amend articles III, IV, V and VIII of the constitution only.

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  • Feb 8, 2012: OPINION REFERRED TO JUDICIARY
  • Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Apr 27, 2011: OPINION REFERRED TO JUDICIARY
  • Feb 1, 2011: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 24, 2011: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S2490

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 2 of article 19 of the constitution, in relation to authorizing a limited constitutional convention

PURPOSE: To provide for a constitutional convention to revise Articles III (Legislature), IV (Executive), and V (Officers and Civil Departments) and VIII (Local Finances) of the constitution.

SUMMARY OF PROVISIONS: Amends section 2 of article 19 of the constitution to provide for a constitutional convention to be held to consider amendments to Articles III, IV, V and VIII of the constitution. In addition, this amendment restricts the convention to eighteen months.

JUSTIFICATION: New York State government is not working. The dysfunction and chaos in the structure of government clearly shows that changes need to be made. The most effective way to address some of the issues the state faces is by amending the constitution. This legislation calls for a constitutional convention to look at some of the challenges the state faces and propose real solutions with a fresh perspective that will move New York State forward with positive, lasting reforms.

LEGISLATIVE HISTORY: S.6093A Judiciary Committee/A.9497 Judiciary Committee

FISCAL IMPLICATIONS: To be determined, but limiting what the convention can consider, and restricting the time frame of the convention, will help keep costs in check.

EFFECTIVE DATE: Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.


Text

STATE OF NEW YORK ________________________________________________________________________ 2490 2011-2012 Regular Sessions IN SENATE January 24, 2011 ___________
Introduced by Sens. GRIFFO, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 2 of article 19 of the constitution, in relation to authorizing a limited constitutional convention Section 1. Resolved (if the Assembly concur), That section 2 of arti- cle 19 of the constitution be amended to read as follows: S 2. At the general election to be held in the year nineteen hundred fifty-seven, and every twentieth year thereafter, and also at such times as the legislature may by law provide, the question "Shall there be a convention to revise the constitution and amend the same?" shall be submitted to and decided by the electors of the state; and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district of the state, as then organized, shall elect three delegates at the next ensuing general election, and the electors of the state voting at the same election shall elect fifteen delegates-at-large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his or her services the same compensation as shall then be annually payable to the members of the assembly and be reim- bursed for actual traveling expenses, while the convention is in session, to the extent that a member of the assembly would then be enti- tled thereto in the case of a session of the legislature. A majority of the convention shall constitute a quorum for the transaction of busi- ness, and no amendment to the constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the ayes and noes being entered on the journal to be kept. The convention shall have the power to appoint such officers, employees and assistants as it may deem necessary, and fix their compensation and to provide for the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89070-01-1 S. 2490 2 printing of its documents, journal, proceedings and other expenses of said convention. The convention shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualifications of its members. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large. Any proposed constitution or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the state at the time and in the manner provided by such convention, at an election which shall be held not less than six weeks after the adjournment of such convention. Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preced- ing section, such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval. AT SUCH TIMES AS THE LEGISLATURE MAY PROVIDE BY LAW, THE QUESTION "SHALL THERE BE A CONVENTION TO REVISE ARTICLES III, IV, V AND VIII OF THE CONSTITUTION, CONCERNING THE LEGISLATURE, AND AMEND THE SAME?" SHALL BE SUBMITTED TO AND DECIDED BY THE ELECTORS OF THE STATE; AND IN CASE A MAJORITY OF THE ELECTORS VOTING THEREON SHALL DECIDE IN FAVOR OF A CONVENTION FOR SUCH PURPOSE, A CONVENTION SHALL BE HELD WHICH SHALL OPERATE IN THE MANNER PRESCRIBED IN THIS SECTION, EXCEPT THAT SUCH CONVENTION SHALL ONLY CONSIDER AND SUBMIT AMENDMENTS TO ARTICLES III, IV, V AND VIII OF THIS CONSTITUTION AND SHALL BE RESTRICTED TO A PERIOD OF EIGHTEEN MONTHS. S 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.

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