Bill S2777-2011

Relates to the election delegates

Requires that no person acting as a political party chairperson, an elected public officer, an individual who is subject to the rules established by the commission on public integrity and any other person who is an officer of an organization, association or corporation that receives public funding shall be elected as a delegate to a constitutional convention.

Details

Actions

  • Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 21, 2011: referred to judiciary
  • Jun 21, 2011: DELIVERED TO ASSEMBLY
  • Jun 21, 2011: PASSED SENATE
  • Apr 27, 2011: OPINION REFERRED TO JUDICIARY
  • Mar 31, 2011: ADVANCED TO THIRD READING
  • Mar 30, 2011: 2ND REPORT CAL.
  • Mar 29, 2011: 1ST REPORT CAL.270
  • Feb 7, 2011: TO ATTORNEY-GENERAL FOR OPINION
  • Feb 1, 2011: REFERRED TO JUDICIARY

Votes

VOTE: COMMITTEE VOTE: - Judiciary - Mar 29, 2011
Ayes (13): Bonacic, DeFrancisco, Flanagan, Fuschillo, LaValle, Little, Nozzolio, O'Mara, Ranzenhofer, Zeldin, Breslin, Serrano, Squadron
Ayes W/R (5): Saland, Adams, Gianaris, Krueger, Stavisky
Nays (5): Lanza, Hassell-Thompson, Dilan, Espaillat, Perkins

Memo

BILL NUMBER:S2777

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 the election of delegates

PURPOSE: The purpose of this legislation is to encourage rank and file citizens to participate in a constitutional convention and to prohibit political party establishment from becoming delegates.

SUMMARY OF PROVISIONS: Amends section 2 of article 19 of the constitution by prohibiting: any person acting as a political party chairperson, an elected public officer, a person appointed by the Governor, any person subject to the rules of the commission on public integrity, any person who is required to file an annual statement of financial disclosure with the legislative ethics commission, and any other person who is an officer of an organization, association or corporation, (other than a 501 (c)(3)), that receives public funding to be elected as a delegate at a constitutional convention.

JUSTIFICATION: New York State has defects in the structure of government, and the best way to remedy those defects is by amending the Constitution. The delegates for such convention should be elected on a nonpartisan basis so each person runs on their character and record. This will provide a special opportunity to do things for history that will help make the state better for the people who are the heart and soul of the state, the citizens. New York government has become too captured by political party insiders who don't always embrace reforms that are overdue. This bill addresses that by prohibiting political persons from taking over the Convention agenda and process.

LEGISLATIVE HISTORY: S.6094-A/A.9496 - Judiciary Committee

FISCAL IMPLICATIONS: None.

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 ________________________________________________________________________ 2777 2011-2012 Regular Sessions IN SENATE February 1, 2011 ___________
Introduced by Sen. GRIFFO -- 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 the election of delegates 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. NO PERSON ACTING AS A POLITICAL PARTY CHAIRPERSON, AN ELECTED PUBLIC OFFICER, A PERSON APPOINTED BY THE GOVERNOR, AN INDIVIDUAL WHO IS SUBJECT TO THE LOBBYING RULES ESTABLISHED BY THE COMMISSION ON PUBLIC INTEGRITY, ANY PERSON WHO IS REQUIRED TO FILE AN ANNUAL STATEMENT OF FINANCIAL DISCLOSURE WITH THE LEGISLATIVE ETHICS COMMISSION OR ANY OTHER PERSON WHO IS AN OFFICER OF AN ORGANIZATION, ASSOCIATION OR CORPORATION, OTHER THAN AN ENTITY DESIG- NATED AS TAX EXEMPT UNDER SECTION 501(C)(3) OF THE UNITED STATES INTER- NAL REVENUE CODE, THAT RECEIVES PUBLIC FUNDING SHALL BE ELECTED AS A DELEGATE. NONE OF THE AFOREMENTIONED EXCLUSIONS APPLY TO INDIVIDUALS BASED ON THEIR EMPLOYMENT AT A HIGHER EDUCATION INSTITUTION OR THE MILI- TARY. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89071-01-1 S. 2777 2 assembly and be reimbursed for actual traveling expenses, while the convention is in session, to the extent that a member of the assembly would then be entitled thereto in the case of a session of the legisla- ture. A majority of the convention shall constitute a quorum for the transaction of business, 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 conven- tion, 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 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 preceding section, such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval. 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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