A01519 Summary:

BILL NO    A01519 

SAME AS    No same as 

SPONSOR    Tedisco (MS)

COSPNSR    

MLTSPNSR   Crouch, Kolb, Thiele

Amd Art 19 S2, add S4, Constn

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).
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A01519 Actions:

BILL NO    A01519 

01/10/2011 referred to judiciary
01/12/2011 to attorney-general for opinion
03/21/2011 opinion referred to judiciary
01/04/2012 referred to judiciary
01/18/2012 to attorney-general for opinion
06/05/2012 held for consideration in judiciary
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A01519 Votes:

There are no votes for this bill in this legislative session.
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A01519 Memo:

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,
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A01519 Text:



 
                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.
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