NY State Senate Bill S1763A

senate Bill S1763A

2019-2020 Legislative Session

Concerns the application of the NYS legislature petitioning the US Congress to call a national constitutional convention to propose certain amendments

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Current Bill Status - In Senate Committee Judiciary Committee

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

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Actions

view actions (3)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 24, 2019	print number 1763a
Apr 24, 2019	amend and recommit to judiciary
Jan 16, 2019	referred to judiciary

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

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S1763 - Details

See Assembly Version of this Bill:: A1248
Current Committee:: Senate Judiciary
Law Section:: United States Constitution
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6559
2015-2016: S2667, A7176
2017-2018: S3317, A5109

S1763 - Summary

Concerns the application of the legislature of the state of New York petitioning the Congress of the United States of America to call a national constitutional convention to propose amendments in order to address concerns raised by the decision of the United States Supreme Court in Citizens United v. Federal Election Commission 130 S.Ct. 876.

S1763 - Sponsor Memo

 
BILL NUMBER: S1763

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act on the application of the legislature of the state of New York
petitioning the Congress of the United States of America to call a
national constitutional convention to propose amendments in order to
address concerns raised by the decision of the United States Supreme
Court in  
CITIZENS UNITED V. FEDERAL ELECTION COMMISSION 130 S.Ct. 876

 
PURPOSE:

To petition Congress to call a constitutional convention to propose
amendments in order to address concerns such as those raised by the
decision of the United States Supreme Court in CITIZENS UNITED. V.
FEDERAL ELECTION COMMISSION (2010) 130 S.Ct. 876 and related cases and
events.

 
SUMMARY OF PROVISIONS:

Section 1 is the legislative finding and intent.

Section 2 declares the need for a convention to address CITIZENS UNITED
V. FEDERAL ELECTION COMMISSION (2010) 130 S.Ct. 876 and related cases
and events, establishes guidelines for delegates, and indicates that
this application for a convention be considered together with similar
applications from other states.

Section 3 petitions Congress to call said convention, pursuant to the
provisions of Article V of the United States Constitution.

Section 4 directs the Governor to transmit copies of this act to Federal
and State executives and legislative bodies.

Section 5 is the effective date.

 
EXISTING LAW:

None

 
JUSTIFICATION:

Article V of the United States Constitution requires the United States
Congress to call a convention for proposing amendments upon application
of two-thirds of the legislatures of the several states for the purpose
of proposing amendments to the United States Constitution.

In CITIZENS UNITED V. FEC, the Court held that corporations and unions
have a First Amendment right to spend unlimited funds on campaign adver-
tisements, provided that these communications are not formally "coordi-
nated" with any candidate. In so holding, it found that the political
speech rights of American voters and corporate entities are indistin-
guishable.

Citizens United's immediate impact was substantial. In one swift stroke,
the Court overturned at least twenty years of its own precedent,
rendered unconstitutional more than sixty years of federal law restrict-
ing corporate electioneering expenditures, and annihilated the statutes
of twenty-two states that previously prohibited election spending from
corporate general-treasury funds.

When corporations, or other big money spenders, are able to flood the
airwaves with their messages, they can effectively drown out the voices
of other citizens, whose democratic right to political speech deserves
no less protection than those with financial resources. This undermines
the political equality that gives our government legitimacy.

Given the inaction in Congress to address the issues raised by the Citi-
zens United case, New York State should take what action it can to
protect the integrity of our electoral process by joining other states
in petitioning Congress to hold a convention as authorized under the
provisions of Article V of the United States Constitution.

 
LEGISLATIVE HISTORY:

2017-18: S.3317/A.Rosenthal, L.- Judiciary

2015-16: S.2667/A.Rosenthal, L. - Judiciary

2013-14: S.6559 NSA

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

S1763 - Bill Text download pdf


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

                                  1763

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 16, 2019
                               ___________

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

AN ACT on the application of the legislature of the state  of  New  York
  petitioning  the  Congress  of  the United States of America to call a
  national constitutional convention to propose amendments in  order  to
  address  concerns  raised by the decision of the United States Supreme
  Court in CITIZENS UNITED V. FEDERAL ELECTION COMMISSION 130 S.Ct. 876

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

  Section  1.  Legislative  findings  and  intent. The legislature finds
that:
  a. the first President of the United States, George Washington,  stat-
ed:    "The basis of our political systems is the right of the people to
make and to alter their Constitutions of Government.";
  b. it was the stated intention of the framers of the  Constitution  of
the  United  States of America that the Congress of the United States of
America should be "dependent  on  the  people  alone."  (James  Madison,
Federalist 52);
  c.  that  dependency has evolved from a dependency on the people alone
to a dependency on those who spend  excessively  in  elections,  through
campaigns or third-party groups;
  d.  the  United  States  Supreme  Court  ruling  in CITIZENS UNITED V.
FEDERAL ELECTION COMMISSION 558 U.S. 310 (2010) removed restrictions  on
amount of independent political spending;
  e. the removal of those restrictions has resulted in the unjust influ-
ence  of powerful economic forces, which have supplanted the will of the
people by undermining our ability to choose  our  political  leadership,
write our own laws, and determine the fate of our state; and
  f.  Article  V  of  the United States Constitution requires the United
States Congress to call  a  convention  for  proposing  amendments  upon

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04074-01-9

S. 1763                             2

application  of two-thirds of the legislatures of the several states for
the purpose of proposing amendments to the United States Constitution.
  § 2. The legislature declares that:
  a.  the  State  of  New York sees the need for a convention to propose
amendments in order to address concerns such  as  those  raised  by  the
decision  of  the  United  States  Supreme  Court  in CITIZENS UNITED V.
FEDERAL ELECTION COMMISSION (2010) 130 S.Ct. 876 and related  cases  and
events  including  those  occurring  long  before  or afterward or for a
substantially similar purpose, and desires that said  convention  should
be so limited; and
  b. the State of New York desires that the delegates to said convention
shall  be  comprised equally from individuals currently elected to state
and local office, or be  selected  by  election  in  each  Congressional
district for the purpose of serving as delegates, though all individuals
elected or appointed to federal office, now or in the past, be prohibit-
ed  from  serving  as delegates to the Convention, and intends to retain
the ability to restrict or expand the power of its delegates within  the
limits expressed above; and
  c. the State of New York intends that this be a continuing application
considered together with applications calling for a convention currently
pending in the 188th Massachusetts legislature as S.1727 and H.3190, the
2013-2014  Vermont  legislature  as  SJR 27 and the 2013-2014 California
legislature as AJR 1, the  97th  Michigan  legislature  as  House  Joint
Resolution  BB  and  all other passed, pending, and future applications,
the aforementioned concerns of New York notwithstanding until such  time
as  two-thirds  of  the several States have applied for a Convention and
said Convention is convened by Congress.
  § 3. Pursuant to Article V of  the  United  States  Constitution,  the
Legislature  hereby  petitions  the  United  States  Congress  to call a
Convention for the purpose of proposing Amendments to  the  Constitution
of  the  United  States  of America as soon as two-thirds of the several
States have applied for a Convention.
  § 4. The Governor of the State of New York shall  transmit  copies  of
this  act  to the President and Vice President of the United States, the
Speaker of the United States  House  of  Representatives,  the  Minority
Leader  of the United States House of Representatives, the President Pro
Tempore of the United States Senate, to each Senator and  Representative
from  New  York in the Congress of the United States, to the Governor of
each State, and to the presiding officers of each  legislative  body  of
each  of  the  several States, requesting the cooperation of the several
States in issuing an application compelling Congress to call  a  conven-
tion for proposing amendments pursuant to Article V of the United States
Constitution.
  § 5. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S1763A (ACTIVE) - Details

See Assembly Version of this Bill:: A1248
Current Committee:: Senate Judiciary
Law Section:: United States Constitution
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6559
2015-2016: S2667, A7176
2017-2018: S3317, A5109

S1763A (ACTIVE) - Summary

S1763A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1763A

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act on the application of the legislature of the
state of New York petitioning the Congress of the United States of Amer-
ica to call a national constitutional convention to propose amendments
in order to address concerns raised by the decision of the United States
Supreme Court in  
CITIZENS UNITED V. FEDERAL ELECTION COMMISSION 130
S.Ct. 876

 
PURPOSE:

To petition Congress to call a constitutional convention to propose
amendments in order to address concerns such as those raised by the
decision of the United States Supreme Court in CITIZENS UNITED V.
FEDERAL ELECTION COMMISSION (2010) 130 S.Ct. 876 and related cases and
events.

 
SUMMARY OF PROVISIONS:

Section 1 is the legislative finding and intent.

Section 2 declares the need for a convention to address CITIZENS UNITED
V. FEDERAL ELECTION COMMISSION (2010) 130 S.Ct. 876 and related cases
and events, establishes guidelines for delegates, and indicates that
this application for a convention be considered together with similar
applications from other states.

Section 3 petitions Congress to call said convention, pursuant to the
provisions of Article V of the United States Constitution.

Section 4 directs the Governor to transmit copies of this act to Federal
and State executives and legislative bodies.

Section 5 is the effective date.

 
EXISTING LAW:

None

 
JUSTIFICATION:

Article V of the United States Constitution requires the United States
Congress to call a convention for proposing amendments upon application
of two-thirds of the legislatures of the several states for the purpose
of proposing amendments to the United States Constitution.

In CITIZENS UNITED V. FEC, the Court held that corporations and unions
have a First Amendment right to spend unlimited funds on campaign adver-
tisements, provided that these communications are not formally "coordi-
nated" with any candidate. In so holding, it found that the political
speech rights of American voters and corporate entities are indistin-
guishable.
  Citizens  United's  immediate  impact  was  substantial.  In one swift
stroke, the Court overturned at least twenty years of its own precedent,
rendered unconstitutional more than sixty years of federal law restrict-
ing corporate electioneering expenditures, and annihilated the  statutes
of  twenty-two  states that previously prohibited election spending from
corporate general-treasury funds.
When corporations, or other big money spenders, are able  to  flood  the
airwaves  with their messages, they can effectively drown out the voices
of other citizens, whose democratic right to political  speech  deserves
no  less protection than those with financial resources. This undermines
the political equality that gives our government legitimacy.

Given the inaction in Congress to address the issues raised by the Citi-
zens  United  case,  New  York  State  should take what action it can to
protect the integrity of our electoral process by joining  other  states
in  petitioning  Congress  to  hold a convention as authorized under the
provisions of Article V of the United States Constitution.

 
LEGISLATIVE HISTORY:

2017-18: S.3317/A.Rosenthal, L. - Judiciary
2015-16: S.2667/A.Rosenthal, L. - Judiciary
2013-14: S.6559 NSA

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

S1763A (ACTIVE) - Bill Text download pdf


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

                                 1763--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 16, 2019
                               ___________

Introduced  by Sens. KRUEGER, BIAGGI, COMRIE, GIANARIS, GOUNARDES, HOYL-
  MAN, JACKSON, MAYER, MONTGOMERY, SALAZAR,  SERRANO,  SKOUFIS  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Judiciary -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  on  the application of the legislature of the state of New York
  petitioning the Congress of the United States of  America  to  call  a
  national  constitutional  convention to propose amendments in order to
  address concerns raised by the decision of the United  States  Supreme
  Court in CITIZENS UNITED V. FEDERAL ELECTION COMMISSION 130 S.Ct. 876

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

  Section 1. Legislative findings  and  intent.  The  legislature  finds
that:
  a.  the first President of the United States, George Washington, stat-
ed:  "The basis of our political systems is the right of the  people  to
make and to alter their Constitutions of Government.";
  b.  it  was the stated intention of the framers of the Constitution of
the United States of America that the Congress of the United  States  of
America  should  be  "dependent  on  the  people alone." (James Madison,
Federalist 52);
  c. that dependency has evolved from a dependency on the  people  alone
to  a  dependency  on  those who spend excessively in elections, through
campaigns or third-party groups;
  d. the United States  Supreme  Court  ruling  in  CITIZENS  UNITED  V.
FEDERAL  ELECTION COMMISSION 558 U.S. 310 (2010) removed restrictions on
amount of independent political spending;
  e. the removal of those restrictions has resulted in the unjust influ-
ence of powerful economic forces, which have supplanted the will of  the
people  by  undermining  our ability to choose our political leadership,
write our own laws, and determine the fate of our state; and

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

                                                           LBD04074-02-9

S. 1763--A                          2

  f. Article V of the United States  Constitution  requires  the  United
States  Congress  to  call  a  convention  for proposing amendments upon
application of two-thirds of the legislatures of the several states  for
the purpose of proposing amendments to the United States Constitution.
  § 2. The legislature declares that:
  a.  the  State  of  New York sees the need for a convention to propose
amendments in order to address concerns such  as  those  raised  by  the
decision  of  the  United  States  Supreme  Court  in CITIZENS UNITED V.
FEDERAL ELECTION COMMISSION (2010) 130 S.Ct. 876 and related  cases  and
events  including  those  occurring  long  before  or afterward or for a
substantially similar purpose, and desires that said  convention  should
be so limited; and
  b. the State of New York desires that the delegates to said convention
shall  be  comprised equally from individuals currently elected to state
and local office, or be  selected  by  election  in  each  Congressional
district for the purpose of serving as delegates, though all individuals
elected or appointed to federal office, now or in the past, be prohibit-
ed  from  serving  as delegates to the Convention, and intends to retain
the ability to restrict or expand the power of its delegates within  the
limits expressed above; and
  c. the State of New York intends that this be a continuing application
considered together with applications calling for a convention passed in
the  2013-2014  Vermont  Legislature  as R-454; the 2013-2014 California
Legislature as Concurrent Resolution No. 1, Chapter 77; the  98th  Illi-
nois General Assembly as SJR 42; the 2014-2015 New Jersey Legislature as
SCR  132; the 2015-2016 Rhode Island Legislature as HR 7670 and SR 2589;
and all other passed, pending, and future applications until  such  time
as  two-thirds of the several states have applied for a convention for a
similar purpose and said convention is convened by Congress.
  § 3. Pursuant to Article V of  the  United  States  Constitution,  the
Legislature  hereby  petitions  the  United  States  Congress  to call a
Convention for the purpose of proposing Amendments to  the  Constitution
of  the  United  States  of America as soon as two-thirds of the several
States have applied for a Convention.
  § 4. The Governor of the State of New York shall  transmit  copies  of
this  act  to the President and Vice President of the United States, the
Speaker of the United States  House  of  Representatives,  the  Minority
Leader  of the United States House of Representatives, the President Pro
Tempore of the United States Senate, to each Senator and  Representative
from  New  York in the Congress of the United States, to the Governor of
each State, and to the presiding officers of each  legislative  body  of
each  of  the  several States, requesting the cooperation of the several
States in issuing an application compelling Congress to call  a  conven-
tion for proposing amendments pursuant to Article V of the United States
Constitution.
  § 5. This act shall take effect immediately.

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senate Bill S1763A

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S1763 - Details

S1763 - Summary

S1763 - Sponsor Memo

S1763 - Bill Text download pdf

Co-Sponsors

S1763A (ACTIVE) - Details

S1763A (ACTIVE) - Summary

S1763A (ACTIVE) - Sponsor Memo

S1763A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1763A

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S1763 - Details

S1763 - Summary

S1763 - Sponsor Memo

S1763 - Bill Text download pdf

Co-Sponsors

S1763A (ACTIVE) - Details

S1763A (ACTIVE) - Summary

S1763A (ACTIVE) - Sponsor Memo

S1763A (ACTIVE) - Bill Text download pdf

Comments