senate Bill S3458

2011-2012 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 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
Jan 04, 2012 referred to finance
Feb 23, 2011 referred to finance

Co-Sponsors

S3458 - Bill Details

Current Committee:
Senate Finance
Law Section:
Public Officers Law
Laws Affected:
Add ยง73-c, Pub Off L
Versions Introduced in 2009-2010 Legislative Session:
S8342

S3458 - Bill Texts

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

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BILL NUMBER:S3458

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 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:
S.8342/Rules Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate with provisions.

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

                                  3458

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by  Sens. GRIFFO, GRISANTI, LARKIN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Finance

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05963-01-1

S. 3458                             2

  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,
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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