Sponsor: GRIFFO

Committee: RULES

Law Section: Constitution, Concurrent Resolutions to Amend

S6093 Summary

Act: 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

S6093 Actions

S6093 Memo

 BILL NUMBER:  S6093

 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).

 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 and V of the constitution.

 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 :
New legislation.

 FISCAL IMPLICATIONS :
To be determined, but by limiting what the convention can consider, it
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.

S6093 Text

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

                                         6093

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                     July 15, 2009
                                      ___________

       Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules

                   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

    1    Section  1. Resolved (if the Assembly concur), That section 2 of arti-
    2  cle 19 of the constitution be amended to read as follows:
    3    S 2. At the general election to be held in the year  nineteen  hundred
    4  fifty-seven, and every twentieth year thereafter, and also at such times
    5  as  the  legislature  may by law provide, the question "Shall there be a
    6  convention to revise the constitution and  amend  the  same?"  shall  be
    7  submitted  to  and  decided  by the electors of the state; and in case a
    8  majority of the electors voting thereon  shall  decide  in  favor  of  a
    9  convention  for  such  purpose, the electors of every senate district of
   10  the state, as then organized, shall elect three delegates  at  the  next
   11  ensuing  general  election,  and the electors of the state voting at the
   12  same election shall elect fifteen delegates-at-large. The  delegates  so
   13  elected  shall convene at the capitol on the first Tuesday of April next
   14  ensuing after their election, and shall continue their session until the
   15  business of such convention shall have been  completed.  Every  delegate
   16  shall  receive  for  his  or her services the same compensation as shall
   17  then be annually payable to the members of the  assembly  and  be  reim-
   18  bursed  for  actual  traveling  expenses,  while  the  convention  is in
   19  session, to the extent that a member of the assembly would then be enti-
   20  tled thereto in the case of a session of the legislature. A majority  of
   21  the  convention  shall  constitute a quorum for the transaction of busi-
   22  ness, and no amendment  to  the  constitution  shall  be  submitted  for
   23  approval  to  the electors as hereinafter provided, unless by the assent
   24  of a majority of all the delegates elected to the convention,  the  ayes
   25  and  noes  being entered on the journal to be kept. The convention shall
   26  have the power to appoint such officers, employees and assistants as  it
   27  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.
                                                                  LBD89150-01-9

       S. 6093                             2

    1  printing of its documents, journal, proceedings and  other  expenses  of
    2  said  convention.  The  convention  shall determine the rules of its own
    3  proceedings, choose its own officers, and be the judge of the  election,
    4  returns  and  qualifications  of  its  members. In case of a vacancy, by
    5  death, resignation or other cause, of any district delegate  elected  to
    6  the  convention, such vacancy shall be filled by a vote of the remaining
    7  delegates representing the district in which  such  vacancy  occurs.  If
    8  such  vacancy  occurs in the office of a delegate-at-large, such vacancy
    9  shall be filled by a  vote  of  the  remaining  delegates-at-large.  Any
   10  proposed  constitution or constitutional amendment which shall have been
   11  adopted by such convention, shall be submitted to a vote of the electors
   12  of the state at the time and in the manner provided by such  convention,
   13  at  an  election  which  shall be held not less than six weeks after the
   14  adjournment of such convention. Upon the approval of  such  constitution
   15  or constitutional amendments, in the manner provided in the last preced-
   16  ing  section,  such  constitution  or constitutional amendment, shall go
   17  into effect on the first day of January next after such approval.
   18    AT SUCH TIMES AS THE LEGISLATURE MAY  PROVIDE  BY  LAW,  THE  QUESTION
   19  "SHALL  THERE  BE  A  CONVENTION TO REVISE ARTICLES III, IV AND V OF THE
   20  CONSTITUTION, CONCERNING THE LEGISLATURE, AND AMEND THE SAME?" SHALL  BE
   21  SUBMITTED  TO  AND  DECIDED  BY THE ELECTORS OF THE STATE; AND IN CASE A
   22  MAJORITY OF THE ELECTORS VOTING THEREON  SHALL  DECIDE  IN  FAVOR  OF  A
   23  CONVENTION  FOR  SUCH  PURPOSE,  A  CONVENTION SHALL BE HELD WHICH SHALL
   24  OPERATE IN THE MANNER PRESCRIBED  IN  THIS  SECTION,  EXCEPT  THAT  SUCH
   25  CONVENTION SHALL ONLY CONSIDER AND SUBMIT AMENDMENTS TO ARTICLES III, IV
   26  AND V OF THIS CONSTITUTION.
   27    S  2.  Resolved (if the Assembly concur), That the foregoing amendment
   28  be referred to the first regular legislative session convening after the
   29  next succeeding general election of members of  the  assembly,  and,  in
   30  conformity  with  section  1  of  article  19  of  the  constitution, be
   31  published for 3 months previous to the time of such election.