Prohibits certain public officers from also serving as a delegate to a constitutional convention and authorizes limited conventions

3 Multi-sponsors

• James Bacalles
• Brian Kolb
• Fred Thiele

BILL NUMBER:A10827

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos- ing an amendment to article 19 of the constitution, in relation to a constitutional convention

Purpose or general idea of bill

To prevent lawmakers from serving as delegates to a constitutional convention, and to provide voters with the opportunity to vote on a limited constitutional convention.

Summary of specific provisions

Amends section 2 of Article 19 of the constitution by prohibiting state lawmakers and judges from serving concurrently as delegates to a constitutional convention. Adds a new section 4 to Article 19, which makes it possible for the state legisla- ture to call a referendum as to whether or not a limited constitutional convention would be held. The limited convention could consider amend- ments to articles 3 (concerning the Legislature), 4 (concerning the Executive), and 7 (concerning the state budget process) of the constitu- tion.

Justification

There are two main reasons for the defeat of the refer- endum on the constitutional convention in 1997: the fact that state lawmakers would be likely to be elected as delegates; and concerns that the convention could tamper with the beneficial aspects of the state constitution without addressing the need for political reform. This amendment would allow the state legislature to empower the people to hold a convention which would deal solely with issues of political reform, which is greatly needed in New York State.

Prior legislative history

2008: A.4844; Held for consideration in Judiciary 2008: A.4844; AG opinion referred to Judiciary 2008: A.41344; Referred to the Attorney General 2008: A.4844; Referred to Judiciary 2007: A.4844i AG opinion referred to Judiciary 2007: A.4844; Referred to the Attorney General 2007: A.4844; AG opinion referred to Judiciary 2006: A.1867; Held for consideration in Judiciary 2005: A.1867; AG opinion referred to Judiciary 2004: A.2233; Held for consideration in Judiciary 2003: A.2233; Referred to Judiciary 2002: A.3242; Held for consideration in Judiciary 2001: A.3242; AG opinion referred to Judiciary 2000: A.2768; Held for consideration in Judiciary 1999: A.2768; AG opinion referred to Judiciary 1998: A.10305; Referred to the Attorney General

Fiscal implications

None.

Effective date

Immediate,