Prohibits certain public officers (governor, lieutenant governor, comptroller, legislator, congress, judge) from also serving as a delegate to a constitutional convention and authorizes limited conventions to consider amendments involving the limited topics herein contained (Art. 3, legislature; Art. 4, governor; Art. 7, state finances).
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1519
SPONSOR: Tedisco (MS) TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 19 of the constitution, in relation to
a constitutional convention
PURPOSE OR GENERAL IDEA OF BILL: To prevent lawmakers from serving as
delegates to a constitutional convention, and to provide voters with the
opportunity to vote on a limited constitutional convention.
SUMMARY OF SPECIFIC PROVISIONS: Amends section 2 of Article 19 of the
constitution by prohibiting state lawmakers and judges from serving
concurrently as delegates to a constitutional convention. Adds a new
section 4 to Article 19, which makes it possible for the state legisla-
ture to call a referendum as to whether or not a limited constitutional
convention would be held. The limited convention could consider amend-
ments to articles 3 (concerning the Legislature), 4 (concerning the
Executive), and 7 (concerning the state budget process) of the constitu-
tion.
JUSTIFICATION: There are two main reasons for the defeat of the
referendum on the constitutional convention in 1997: the fact that state
lawmakers would be likely to be elected as delegates; and concerns that
the convention could tamper with the beneficial aspects of the state
constitution without addressing the need for political reform. This
amendment would allow the state legislature to empower the people to
hold a convention which would deal solely with issues of political
reform, which is greatly needed in New York State.
PRIOR LEGISLATIVE HISTORY:
2010: A.10827; Referred to Judiciary for opinion
2010: A.10827; Sent to attorney-general for opinion
2010: A.10827; Referred to Judiciary
2008: A.4844; Held for consideration in Judiciary
2008: A.4844; AG opinion referred to Judiciary
2008: A.41344; Referred to the Attorney General
2008: A.4844; Referred to Judiciary
2007: A.4844i AG opinion referred to Judiciary
2007: A.4844; Referred to the Attorney General
2007: A.4844; AG opinion referred to Judiciary
2006: A.1867; Held for consideration in Judiciary
2005: A.1867; AG opinion referred to Judiciary
2004: A.2233; Held for consideration in Judiciary
2003: A.2233; Referred to Judiciary
2002: A.3242; Held for consideration in Judiciary
2001: A.3242; AG opinion referred to Judiciary
2000: A.2768; Held for consideration in Judiciary
1999: A.2768; AG opinion referred to Judiciary
1998: A.10305; Referred to the Attorney General
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediate,
STATE OF NEW YORK
________________________________________________________________________
1519
2011-2012 Regular Sessions
IN ASSEMBLY
January 10, 2011
___________
Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. KOLB,
THIELE -- read once and referred to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 19 of the constitution, in relation to
a constitutional convention
1 Section 1. Resolved (if the Senate concur), That section 2 of article
2 19 of the constitution be amended to read as follows:
3 § 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. However, no dele-
13 gate may concurrently serve as governor, lieutenant governor, comp-
14 troller, as a member of the legislature, as a member of congress, or as
15 a judge in any court within the state. The delegates so elected shall
16 convene at the capitol on the first Tuesday of April next ensuing after
17 their election, and shall continue their session until the business of
18 such convention shall have been completed. Every delegate shall receive
19 for his or her services the same compensation as shall then be annually
20 payable to the members of the assembly and be reimbursed for actual
21 traveling expenses, while the convention is in session, to the extent
22 that a member of the assembly would then be entitled thereto in the case
23 of a session of the legislature. A majority of the convention shall
24 constitute a quorum for the transaction of business, and no amendment to
25 the constitution shall be submitted for approval to the electors as
26 hereinafter provided, unless by the assent of a majority of all the
27 delegates elected to the convention, the ayes and noes being entered on
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89030-01-1
A. 1519 2
1 the journal to be kept. The convention shall have the power to appoint
2 such officers, employees and assistants as it may deem necessary, and
3 fix their compensation and to provide for the printing of its documents,
4 journal, proceedings and other expenses of said convention. The conven-
5 tion shall determine the rules of its own proceedings, choose its own
6 officers, and be the judge of the election, returns and qualifications
7 of its members. In case of a vacancy, by death, resignation or other
8 cause, of any district delegate elected to the convention, such vacancy
9 shall be filled by a vote of the remaining delegates representing the
10 district in which such vacancy occurs. If such vacancy occurs in the
11 office of a delegate-at-large, such vacancy shall be filled by a vote of
12 the remaining delegates-at-large. Any proposed constitution or consti-
13 tutional amendment which shall have been adopted by such convention,
14 shall be submitted to a vote of the electors of the state at the time
15 and in the manner provided by such convention, at an election which
16 shall be held not less than six weeks after the adjournment of such
17 convention. Upon the approval of such constitution or constitutional
18 amendments, in the manner provided in the last preceding section, such
19 constitution or constitutional amendment, shall go into effect on the
20 first day of January next after such approval.
21 § 2. Resolved (if the Senate concur), That article 19 of the constitu-
22 tion be amended by adding a new section 4 to read as follows:
23 § 4. At such times as the legislature may provide by law, the question
24 "Shall there be a convention to revise article III, concerning the
25 legislature, article IV, concerning the executive, and article VII,
26 concerning state finances, of the constitution and amend the same?"; and
27 in case a majority of electors voting thereon shall decide in favor of a
28 convention for that purpose, a convention shall be held which shall
29 operate in the manner set forth in section 2 of this article, except
30 that such commission could consider and submit amendments to article
31 III, concerning the legislature, article IV, concerning the executive,
32 and article VII, concerning state finances, of the constitution.
33 § 3. Resolved (if the Senate concur), That the foregoing amendment be
34 referred to the first regular legislative session convening after the
35 next succeeding general election of members of the assembly, and, in
36 conformity with section 1 of article 19 of the constitution, be
37 published for 3 months previous to the time of such election.
