senate Bill S2490

2011-2012 Legislative Session

Relates to a limited constitutional convention to amend articles III, IV, V and VIII of the constitution only

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2012 opinion referred to judiciary
Jan 09, 2012 to attorney-general for opinion
Jan 04, 2012 referred to judiciary
Apr 27, 2011 opinion referred to judiciary
Feb 01, 2011 to attorney-general for opinion
Jan 24, 2011 referred to judiciary

Co-Sponsors

S2490 - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 19 ยง2, Constn
Versions Introduced in 2009-2010 Legislative Session:
S6093A

S2490 - Bill Texts

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Relates to a limited constitutional convention to amend articles III, IV, V and VIII of the constitution only.

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BILL NUMBER:S2490

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 2 of article 19 of the constitution,
in relation to authorizing a limited constitutional
convention

PURPOSE:
To provide for a constitutional convention to revise Articles III
(Legislature), IV (Executive), and V (Officers and Civil Departments)
and VIII (Local Finances) of the constitution.

SUMMARY OF PROVISIONS:
Amends section 2 of article 19 of the constitution to provide for a
constitutional convention to be held to consider amendments to
Articles III, IV, V and VIII of the constitution. In addition, this
amendment restricts the convention to eighteen months.

JUSTIFICATION:
New York State government is not working. The dysfunction and chaos in
the structure of government clearly shows that changes need to be
made. The most effective way to address some of the issues the state
faces is by amending the constitution. This legislation calls for a
constitutional convention to look at some of the challenges the
state faces and propose real solutions with a fresh perspective that
will move New York State forward with positive, lasting reforms.

LEGISLATIVE HISTORY:
S.6093A Judiciary Committee/A.9497 Judiciary Committee

FISCAL IMPLICATIONS:
To be determined, but limiting what the convention can consider, and
restricting the time frame of the convention, will help keep costs in
check.

EFFECTIVE DATE:
Resolved (if the Assembly concur), That the foregoing amendment be
referred to the first regular legislative session convening after the
next succeeding general election of
members of the assembly, and, in conformity with section 1 of article
19 of the constitution, be published for 3 months previous to the
time of such election.

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

                                  2490

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 24, 2011
                               ___________

Introduced  by  Sens. GRIFFO, MAZIARZ -- read twice and ordered printed,
  and when printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 2 of article 19 of  the  constitution,
  in relation to authorizing a limited constitutional convention

  Section  1. Resolved (if the Assembly concur), That section 2 of arti-
cle 19 of the constitution be amended to read as follows:
  S 2. At the general election to be held in the year  nineteen  hundred
fifty-seven, and every twentieth year thereafter, and also at such times
as  the  legislature  may by law provide, the question "Shall there be a
convention to revise the constitution and  amend  the  same?"  shall  be
submitted  to  and  decided  by the electors of the state; and in case a
majority of the electors voting thereon  shall  decide  in  favor  of  a
convention  for  such  purpose, the electors of every senate district of
the state, as then organized, shall elect three delegates  at  the  next
ensuing  general  election,  and the electors of the state voting at the
same election shall elect fifteen delegates-at-large. The  delegates  so
elected  shall convene at the capitol on the first Tuesday of April next
ensuing after their election, and shall continue their session until the
business of such convention shall have been  completed.  Every  delegate
shall  receive  for  his  or her services the same compensation as shall
then be annually payable to the members of the  assembly  and  be  reim-
bursed  for  actual  traveling  expenses,  while  the  convention  is in
session, to the extent that a member of the assembly would then be enti-
tled thereto in the case of a session of the legislature. A majority  of
the  convention  shall  constitute a quorum for the transaction of busi-
ness, and no amendment  to  the  constitution  shall  be  submitted  for
approval  to  the electors as hereinafter provided, unless by the assent
of a majority of all the delegates elected to the convention,  the  ayes
and  noes  being entered on the journal to be kept. The convention shall
have the power to appoint such officers, employees and assistants as  it
may  deem  necessary,  and fix their compensation and to provide for the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89070-01-1

S. 2490                             2

printing of its documents, journal, proceedings and  other  expenses  of
said  convention.  The  convention  shall determine the rules of its own
proceedings, choose its own officers, and be the judge of the  election,
returns  and  qualifications  of  its  members. In case of a vacancy, by
death, resignation or other cause, of any district delegate  elected  to
the  convention, such vacancy shall be filled by a vote of the remaining
delegates representing the district in which  such  vacancy  occurs.  If
such  vacancy  occurs in the office of a delegate-at-large, such vacancy
shall be filled by a  vote  of  the  remaining  delegates-at-large.  Any
proposed  constitution or constitutional amendment which shall have been
adopted by such convention, shall be submitted to a vote of the electors
of the state at the time and in the manner provided by such  convention,
at  an  election  which  shall be held not less than six weeks after the
adjournment of such convention. Upon the approval of  such  constitution
or constitutional amendments, in the manner provided in the last preced-
ing  section,  such  constitution  or constitutional amendment, shall go
into effect on the first day of January next after such approval.
  AT SUCH TIMES AS THE LEGISLATURE MAY  PROVIDE  BY  LAW,  THE  QUESTION
"SHALL  THERE  BE A CONVENTION TO REVISE ARTICLES III, IV, V AND VIII OF
THE CONSTITUTION, CONCERNING THE LEGISLATURE, AND AMEND THE SAME?" SHALL
BE SUBMITTED TO AND DECIDED BY THE ELECTORS OF THE STATE; AND IN CASE  A
MAJORITY  OF  THE  ELECTORS  VOTING  THEREON  SHALL DECIDE IN FAVOR OF A
CONVENTION FOR SUCH PURPOSE, A CONVENTION  SHALL  BE  HELD  WHICH  SHALL
OPERATE  IN  THE  MANNER  PRESCRIBED  IN  THIS SECTION, EXCEPT THAT SUCH
CONVENTION SHALL ONLY CONSIDER AND SUBMIT AMENDMENTS  TO  ARTICLES  III,
IV,  V AND VIII OF THIS CONSTITUTION AND SHALL BE RESTRICTED TO A PERIOD
OF EIGHTEEN MONTHS.
  S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.

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