senate Bill S1288

Provides for the submission to the people the question of whether or not to convene a constitutional convention

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO ELECTIONS
  • 08 / Jan / 2014
    • REFERRED TO ELECTIONS

Summary

Provides for the submission to the people the question of whether or not to convene a constitutional convention for the sole and limited purposes of choosing a lieutenant governor in the event of a vacancy in office and for achieving real property tax law reform.

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Bill Details

Versions:
S1288
Legislative Cycle:
2013-2014
Current Committee:
Senate Elections
Law Section:
Elections
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2680
2009-2010: S6088

Sponsor Memo

BILL NUMBER:S1288

TITLE OF BILL: An act to provide for the submission to the people of
a proposition or question to convene a constitutional convention

PURPOSE: To provide for a constitutional convention to be called for
the limited purpose of providing for a process of choosing a
lieutenant governor in the event of a vacancy in such office and for
real property tax reform.

SUMMARY OF PROVISIONS:

Section 1 provides for the question to be put to the people.

Section 2 provides that if the question is answered in the affirmative
that to provisions of section 2 of Article XIX of the constitution
shall apply and be implemented.

Section 3 provides for the effective date.

JUSTIFICATION: On two occasions within the last 25 years and 15 times
over the history of the State, the State of New York has not had a
lieutenant governor. The office remains vacant until the next
gubernatorial election. The office of lieutenant governor has many
functions including being first in the gubernatorial succession and
president of the Senate.

The Governor, on July 8, 2009, had attempted to appoint a Lieutenant
Governor relying upon the Public Officers Law. This issue should be
taken up before a constitutional convention where the matter can be
debated and given consideration which then can be presented to the
people on the ballot.

LEGISLATIVE HISTORY: 2011-12 S.2680; 2010 S.6088.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately.

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

                                  1288

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to provide for the submission to the people of a  proposition  or
  question to convene a constitutional convention

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Pursuant to the provisions of section 2 of article  XIX  of
the  New York state constitution, the question "Shall there be a conven-
tion to revise the constitution and amend the  same  for  the  sole  and
limited  purposes  of  providing  for a process of choosing a lieutenant
governor in the event of a vacancy in such office and for achieving real
property tax law reform?" shall be  submitted  to  and  decided  by  the
people  of  the  state  at  the  general election to be held in the next
succeeding November after the effective date of this act.
  S 2. If the question stated in section one of this act is answered  in
the  affirmative  by  a  majority  of all votes cast for and against it,
decided in favor of a convention for such purpose,  the  procedures  and
provisions  of  section 2 of article XIX of the constitution shall apply
and be implemented, except that such convention shall only consider  and
submit  amendments to the constitution for the sole and limited purposes
of providing for a process of choosing  a  lieutenant  governor  in  the
event  of  a  vacancy in such office and for achieving real property tax
law reform.
  S 3. This  act  shall  take  effect  immediately;  provided  that  the
provisions  of  section two of this act shall not take effect unless and
until the question proposed in section one of this act shall  have  been
submitted  to  the people at the general election to be held in the next
succeeding November after the effective date of this act, and shall have
received a majority of all  votes  cast  for  and  against  it  at  such
election.    Upon  approval by the people, section two of this act shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03789-01-3

S. 1288                             2

take effect immediately. The ballots to be furnished for the use of  the
voters  upon  the  submission of section one of this act shall be in the
form prescribed by the election law, and the proposition or question  to
be  submitted  shall be printed in the following form: "Shall there be a
convention to revise the constitution and amend the same  for  the  sole
and limited purposes of providing for a process of choosing a lieutenant
governor in the event of a vacancy in such office and for achieving real
property tax law reform?"

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