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S03317 Summary:

BILL NOS03317
 
SAME ASSAME AS A05109
 
SPONSORKRUEGER
 
COSPNSRBAILEY, DILAN, HOYLMAN, KENNEDY, LATIMER, MONTGOMERY, PARKER, PERALTA, SERRANO, SQUADRON
 
MLTSPNSR
 
 
Concerns the application of the legislature of the state of New York petitioning the Congress of the United States of America to call a national constitutional convention to propose amendments in order to address concerns raised by the decision of the United States Supreme Court in Citizens United v. Federal Election Commission 130 S.Ct. 876.
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S03317 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3317
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 20, 2017
                                       ___________
 
        Introduced  by Sens. KRUEGER, DILAN, HOYLMAN, KENNEDY, MONTGOMERY, PARK-
          ER, PERALTA, PERKINS, SERRANO, SQUADRON  --  read  twice  and  ordered
          printed,  and when printed to be committed to the Committee on Judici-
          ary
 
        AN ACT on the application of the legislature of the state  of  New  York
          petitioning  the  Congress  of  the United States of America to call a
          national constitutional convention to propose amendments in  order  to
          address  concerns  raised by the decision of the United States Supreme
          Court in Citizens United v. Federal Election Commission 130 S.Ct. 876
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative  findings  and  intent. The legislature finds
     2  that:
     3    a. the first President of the United States, George Washington,  stat-
     4  ed:    "The basis of our political systems is the right of the people to
     5  make and to alter their Constitutions of Government.";
     6    b. it was the stated intention of the framers of the  Constitution  of
     7  the  United  States of America that the Congress of the United States of
     8  America should be "dependent  on  the  people  alone."  (James  Madison,
     9  Federalist 52);
    10    c.  that  dependency has evolved from a dependency on the people alone
    11  to a dependency on those who spend  excessively  in  elections,  through
    12  campaigns or third-party groups;
    13    d.  the  United  States  Supreme  Court  ruling  in Citizens United v.
    14  Federal Election Commission 558 U.S. 310 (2010) removed restrictions  on
    15  amount of independent political spending;
    16    e. the removal of those restrictions has resulted in the unjust influ-
    17  ence  of powerful economic forces, which have supplanted the will of the
    18  people by undermining our ability to choose  our  political  leadership,
    19  write our own laws, and determine the fate of our state; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05142-01-7

        S. 3317                             2
 
     1    f.  Article  V  of  the United States Constitution requires the United
     2  States Congress to call  a  convention  for  proposing  amendments  upon
     3  application  of two-thirds of the legislatures of the several states for
     4  the purpose of proposing amendments to the United States Constitution.
     5    § 2. The legislature declares that:
     6    a.  the  State  of  New York sees the need for a convention to propose
     7  amendments in order to address concerns such  as  those  raised  by  the
     8  decision  of  the  United  States  Supreme  Court  in Citizens United v.
     9  Federal Election Commission (2010) 130 S.Ct. 876 and related  cases  and
    10  events  including  those  occurring  long  before  or afterward or for a
    11  substantially similar purpose, and desires that said  convention  should
    12  be so limited; and
    13    b. the State of New York desires that the delegates to said convention
    14  shall  be  comprised equally from individuals currently elected to state
    15  and local office, or be  selected  by  election  in  each  Congressional
    16  district for the purpose of serving as delegates, though all individuals
    17  elected or appointed to federal office, now or in the past, be prohibit-
    18  ed  from  serving  as delegates to the Convention, and intends to retain
    19  the ability to restrict or expand the power of its delegates within  the
    20  limits expressed above; and
    21    c. the State of New York intends that this be a continuing application
    22  considered together with applications calling for a convention currently
    23  pending in the 188th Massachusetts legislature as S.1727 and H.3190, the
    24  2013-2014  Vermont  legislature  as  SJR 27 and the 2013-2014 California
    25  legislature as AJR 1, the  97th  Michigan  legislature  as  House  Joint
    26  Resolution  BB  and  all other passed, pending, and future applications,
    27  the aforementioned concerns of New York notwithstanding until such  time
    28  as  two-thirds  of  the several States have applied for a Convention and
    29  said Convention is convened by Congress.
    30    § 3. Pursuant to Article V of  the  United  States  Constitution,  the
    31  Legislature  hereby  petitions  the  United  States  Congress  to call a
    32  Convention for the purpose of proposing Amendments to  the  Constitution
    33  of  the  United  States  of America as soon as two-thirds of the several
    34  States have applied for a Convention.
    35    § 4. The Governor of the State of New York shall  transmit  copies  of
    36  this  act  to the President and Vice President of the United States, the
    37  Speaker of the United States  House  of  Representatives,  the  Minority
    38  Leader  of the United States House of Representatives, the President Pro
    39  Tempore of the United States Senate, to each Senator and  Representative
    40  from  New  York in the Congress of the United States, to the Governor of
    41  each State, and to the presiding officers of each  legislative  body  of
    42  each  of  the  several States, requesting the cooperation of the several
    43  States in issuing an application compelling Congress to call  a  conven-
    44  tion for proposing amendments pursuant to Article V of the United States
    45  Constitution.
    46    § 5. This act shall take effect immediately.
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