Senate Bill S8342

2009-2010 Legislative Session

Proposes to convene a constitutional convention, provides for qualifications for delegates to a constitutional convention

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 24, 2010	referred to rules

2009-S8342 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Officers Law
Laws Affected:: Add §73-c, Pub Off L
Versions Introduced in 2011-2012 Legislative Session:: S3458

2009-S8342 (ACTIVE) - Summary

Proposes to convene a constitutional convention, provides for qualifications for delegates to a constitutional convention.

2009-S8342 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8342

TITLE OF BILL:

An act
to provide for the submission to the people of a proposition or question
to convene a constitutional convention; and to amend the public officers
law, in relation to requirements for delegates to a constitutional
convention

PURPOSE:

This bill would provide for the submission to the voters of whether
there should be a constitutional convention for a limited call on
reform issues, and amend the public officers law to provide
limitations and ethical requirements for delegates to a
constitutional convention.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of this bill would provide that pursuant to the provisions
of section 2 of article XIX of the New York state constitution, a
question would be submitted to and decided by the voters as to
whether there should be a convention to revise the constitution and
amend the same for the sole and limited purposes of reform. Such
convention would be limited to:

* Reform of the state budget process;

* Creating real property tax relief;

* Providing state mandate and regulatory relief;

* Limiting state debt and expenditures;

* Authorizing statewide initiative and referendum;

* Establishing term limits for all state elected officers;

* Creating a process of recall for all state elected officer; and

* Establishing the rules of succession for all state elected officers

Section two of this bill would provide that if the voters approve a
constitutional convention for such a limited call, that such a
convention shall be held in the state capitol in Albany, the
following April, with delegates to the same considering and
submitting amendments to the state constitution on the foregoing
issues of reform.

Section three of this bill would add a new section 73-c is added to
the public officers law, to provide that all persons seeking election
as a delegate to a state constitutional convention:

* Must file financial disclosure forms;

* Must have been a state resident for not less than 5 consecutive
years, and of the Senate District for not less than one year;

* Must, within 30 days of their election, file with secretary of
state, an oath of office, in a form proscribed by the secretary of
state, which swears that such delegate will impartially serve the
people of the state of New York, in the discharge of the duties of
their office, without conflict or undue influence.

* May not, within five years of the time of their service as delegate,
have:

* Held any elected public office;
* Been employed as a lobbyist, as defined by section 1-c of the
legislative law, or
* Been employed as an officer or executive
director of a labor union, employee association, or not for profit
corporation.

Section four of this bill would provide for an immediate effective date.

JUSTIFICATION:
This bill would provide for the commencement of the process to conduct
a constitutional convention on the limited call of reform issues.
Such process would start by placing a question on the November ballot
to ask the voters of New York whether they wish to have such a
convention on such limited reform issues. If the voters approve, then
delegates would be elected by the voters the following November (3
per senate district and 15 statewide). Pursuant to this bill such
delegates would be required to file financial disclosure and an oath
of office declaring their impartiality. This bill would further
preclude elected public officers, lobbyists and officers of labor
unions, employee associations and not for profit corporations from
serving as delegates.

Through the conduct of a constitutional convention, with a limited
reform focus, and delegates who are not representing special
interests, a process of true and real reform could be accomplished in
New York State. The State Constitution could be amended to set forth
procedures and requirements to provide for on time state budgets,
real property tax reform, state mandate, tax and debt relief,
initiative and referendum, and term limits, recall and succession
rules for state elected officers.

LEGISLATIVE HISTORY:
This is a new bill in the Senate.

FISCAL IMPLICATIONS:
None noted.

EFFECTIVE DATE:
This act would take effect immediately, with provisions.

2009-S8342 (ACTIVE) - Bill Text download pdf

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

                                  8342

                            I N  S E N A T E

                              June 24, 2010
                               ___________

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

AN ACT to provide for the submission to the people of a  proposition  or
  question  to  convene  a  constitutional  convention; and to amend the
  public officers law, in relation to requirements for  delegates  to  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 reform of the state budget process,
creating a real property tax cap, providing state mandate and regulatory
relief, limiting state  debt  and  expenditures,  authorizing  statewide
initiative  and  referendum,  and  establishing term limits, recall, and
rules of succession for all state elected officers?" 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 sole and limited purposes, the
procedures  and  provisions  of section 2 of article XIX of the New York
state 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 reform of the state
budget process, creating  a  real  property  tax  cap,  providing  state
mandate  and  regulatory  relief,  limiting state debt and expenditures,
authorizing statewide initiative and referendum, and  establishing  term
limits, recall, and rules of succession for all state elected officers.
  S  3.  The public officers law is amended by adding a new section 73-c
to read as follows:
  S 73-C. DELEGATES TO  STATE  CONSTITUTIONAL  CONVENTION.  ALL  PERSONS
SEEKING  ELECTION  AS  A  DELEGATE TO A STATE CONSTITUTIONAL CONVENTION,

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

                                                           LBD17753-01-0

S. 8342                             2

PURSUANT TO SECTION TWO OF  ARTICLE  NINETEEN  OF  THE  NEW  YORK  STATE
CONSTITUTION  SHALL,  UPON  THE  FILING  OF THEIR PETITIONS SEEKING SUCH
OFFICE, FILE THE SAME FINANCIAL DISCLOSURE FORM AS REQUIRED BY A  MEMBER
OF THE LEGISLATURE. ANY PERSON SEEKING ELECTION AS A DELEGATE TO A STATE
CONSTITUTIONAL  CONVENTION  SHALL  HAVE BEEN A RESIDENT OF THE STATE FOR
NOT LESS THAN FIVE CONSECUTIVE YEARS,  AND  A  RESIDENT  OF  THE  SENATE
DISTRICT  FOR  NOT LESS THAN ONE YEAR. ALL PERSONS ELECTED TO THE OFFICE
OF DELEGATE TO A STATE CONSTITUTIONAL CONVENTION, SHALL,  WITHIN  THIRTY
DAYS  OF  THEIR  ELECTION,  FILE WITH THE SECRETARY OF STATE, AN OATH OF
OFFICE, IN A FORM PRESCRIBED BY THE SECRETARY  OF  STATE,  WHICH  SWEARS
THAT SUCH DELEGATE WILL IMPARTIALLY SERVE THE PEOPLE OF THE STATE OF NEW
YORK,  IN  THE DISCHARGE OF THE DUTIES OF THEIR OFFICE, WITHOUT CONFLICT
OR UNDUE INFLUENCE. NO PERSON SHALL BE ELIGIBLE TO  FILE  SUCH  OATH  OF
OFFICE  AS  A DELEGATE TO A STATE CONSTITUTIONAL CONVENTION, WHO, WITHIN
FIVE YEARS OF THE TIME OF  THEIR  SERVICE  AS  DELEGATE,  HAS  HELD  ANY
ELECTED PUBLIC OFFICE, OR HAS BEEN EMPLOYED AS A LOBBYIST, AS DEFINED BY
SECTION ONE-C OF THE LEGISLATIVE LAW, OR HAS BEEN EMPLOYED AS AN OFFICER
OR  EXECUTIVE  DIRECTOR  OF  A  LABOR  UNION,  EMPLOYEE  ASSOCIATION, OR
NOT-FOR-PROFIT CORPORATION.
  S 4. 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
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 reform of the state budget proc-
ess, creating a real property tax cap, providing state mandate and regu-
latory relief, limiting state debt and expenditures, authorizing  state-
wide  initiative  and  referendum, and establishing term limits, recall,
and rules of succession for all state elected officers?".

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Senate Bill S8342

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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2009-S8342 (ACTIVE) - Details

2009-S8342 (ACTIVE) - Summary

2009-S8342 (ACTIVE) - Sponsor Memo

2009-S8342 (ACTIVE) - Bill Text download pdf

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2009-S8342 (ACTIVE) - Details

2009-S8342 (ACTIVE) - Summary

2009-S8342 (ACTIVE) - Sponsor Memo

2009-S8342 (ACTIVE) - Bill Text download pdf

Comments