NY State Senate Bill 2009-S6424

Senate Bill S6424

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to elections

2009-S6424 (ACTIVE) - Details

See Assembly Version of this Bill:: A4271
Current Committee:: Senate Elections
Law Section:: Elections
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5244
2013-2014: A3670

2009-S6424 (ACTIVE) - Summary

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

2009-S6424 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6424

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


 PURPOSE :
This bill would place on the next ballot of the general election the
question, "Shall there be a convention to revise the constitution and
amend the same?"

 SUMMARY OF PROVISIONS :
Section 1: Declaration and findings.

§2. Requires that the question, "Shall there be a convention to revise
the constitution and amend the same" be placed on the next general
election ballot as allowed under Article XIX, section 2 of the State
Constitution.

§§3 and 4: Process and voting.

 JUSTIFICATION :
New York's Constitution is a fundamental document that performs three
vital roles. It organizes the government, establishes the fundamental
rights and liberties of the people and articulates the basic values

and principal concerns of the people that they wish their government
to address. Periodic review of the Constitution is absolutely
critical. New York is one of a handful of states that possess this
important constitutional Clause. Such reviews correct deficiencies and
strengthen the governing process. As part of our acceptance of the
social contract embodied by our Constitution, periodic review and
democratic citizen participation is necessary to truly have a fair,
efficient and modern representative document. As Thomas Jefferson
stated:

And, lastly, let us provide in our constitution for its revision at
stated periods...Each generation is as independent as the one
preceding, as that was of all, which had gone before. It has then,
like them, a right to choose for itself the form of government it
believes most promotive of its own happiness; consequently, to
accommodate to the circumstances in which itself, had received from
its predecessors; and it is for the peace and good of mankind, that a
solemn opportunity of doing this every nineteen or twenty years,
should be provided by the constitution; so that it may be handed on,
with periodic repairs, from generation to generation, to the end of
time, if anything human can so long endure. (1)

As Jefferson envisioned, state constitutions should be revisited every
nineteen or twenty years or for "periodic repairs." Throughout
history, the Constitution, either by convention or amendment, has been
altered to structurally reform the inefficiency of government al
institutions or to expand the rights of the People. Recent dysfunction
in government vis a vis the budget process and other institutional
failures illustrate the need to revisit New York's Constitution to
remedy and provide "periodic repairs."

Nine conventions have taken place over the course of the State's
history. Out of those conventions have come profound and expanded
rights for all New Yorkers. The first convention convened in White
Plains in 1777.  At this convention the first State Constitution was
drafted. Other conventions have produced significant expansion of
rights and reformation of governments. For example, the Bill of Rights
and the Governor's veto power were added to the Constitution at the
convention of 1821. The convention of 1846, the extension of the
franchise and the transfer of many appointive offices to elective ones
was added to the Constitution. At the convention of 1894, a provision
that required legislation to age for at least three days prior to
being put to a vote was ratified and the Blaine amendment (prohibiting
State funding to parochial schools) was approved. The last convention
was held in 1967 and the new Constitution was subsequently defeated.
1997 was the last year that voters got to decide whether or not to
hold a convention.

 LEGISLATIVE HISTORY :
A.11859 of 2004
A.579 (2005-06)
A.1197 (2007-2008)

 FISCAL IMPLICATIONS :
Undetermined.

 EFFECTIVE DATE :
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 f or 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?" (1) Letter from Thomas Jefferson to Samuel Kercheval (July 12,
1816) in THOMAS JEFFERSON WRITINGS 1395, 1402 (Library of America ed.,
1984).

2009-S6424 (ACTIVE) - Bill Text download pdf

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

                                  6424

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- 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.  We  hereby  find  and  declare  that  the  constitutional
provision  that  has  governed  and  made  the state's annual budget for
seventy years is no longer adequate to  protect  the  interests  of  the
people  and government institutions. Undue delay, secrecy and inaccessi-
bility of both process and constituent documents; ambiguity  and  uncer-
tainty  and  a  failure  to  address core social, economic and financial
issues have been the hallmark of the state's  budget  process  for  over
twenty years.  Fundamental reform of governmental institutions and proc-
esses is now required. In reform, the primacy of the executive branch to
construct,  propose  and to execute provisions of a budget must be main-
tained.  Similarly, the power of the legislature to meet its fundamental
and historic obligations to set forth policies  and  purposes  governing
for  which a budget is constructed must be maintained.  The power of the
governor to veto individual lines of  expenditure  must  be  maintained.
The  ability  of the legislature to override these and other vetoes must
be maintained. The right of the people to a clear, speedy and  effective
budget-making process must be enhanced.
  Furthermore,  institutional  reform  of  the executive and legislative
branches with respect  to  government  integrity,  swift  and  effective
legislative  action,  redistricting,  ballot  access,  campaign  finance
reform, the end of abuses by the authority system, and a  mechanism  for
the people to exercise their right of petition and response must also be
realized.  Calling  a  constitutional convention subject to section 2 of
article XIX of the constitution for the  sole  and  limited  purpose  of
achieving  these and other structural reforms of government institutions
is required.

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

                                                           LBD07355-01-9

S. 6424                             2

  To that end, and consistent with the statutory reforms of the delegate
selection process now being considered, we hereby find and declare  that
the  creation  of  a  state  government able to effectively exercise the
power and responsibilities given to it by a sovereign  and  free  people
should be convened by a vote by that same people.
  S 2. Pursuant to the provisions of section 2 of article XIX of the New
York  state  constitution,  the question "Shall there be a convention to
revise the constitution and amend the same?" 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  3. If the question stated in section two of this act is answered in
the affirmative by a majority of all votes  cast  for  and  against  it,
deciding  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.
  S  4.  This  act  shall  take  effect  immediately;  provided that the
provisions of section three of this act shall not take effect unless and
until the question proposed in section two 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 three of this act shall
take effect immediately. The ballots to be furnished for the use of  the
voters  upon  the  submission of section two 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?"

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.