Provides that constitutional amendments approved by a two-thirds majority of both houses in one legislative session can go directly to the general public for approval

7 Co-sponsors

• Sandy Galef
• Joan Millman
• Albert A. Stirpe
• David Koon
• Nelson Castro
• Michael Cusick
• Timothy P. Gordon

8 Multi-sponsors

• Francine DelMonte
• Dennis H. Gabryszak
• Richard Gottfried
• Aileen Gunther
• Susan John
• William Magee
• Robert Reilly
• Kenneth Zebrowski

BILL NUMBER:A9184

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 1 of article 19 of the constitution, in relation to ratifying constitutional amendments

Purpose or general idea of bill

Provides that Constitutional amendments approved by a two-third majority of both Houses in one legislative session can go directly to the general public for approval.

Summary of specific provisions

Section 1 amends Section 1 of Article 19 to provide that if any proposed Constitutional amendment receives a two-thirds majority in both Houses of the Legislature, it may be placed on the ballot for ratification by the people at the general election next following.

Section 2 establishes an effective date.

Justification

Under the current language in Article 19, it takes several years to amend the Constitution. This means that even when there is unanimity among Legislators that swift action must be taken, our hands are tied and any change may not take effect until the point is moot. Even relatively minor changes, such as the amendment approved in 2008 modernizing the language that provides disabled veterans with civil service credit, take far too long. This amendment provides that if a proposed amendment receives a two-thirds majority in both Houses, it can go on the ballot that fall. Amendments that pass the Legislature but fail to get a two-thirds majority in one or both Houses will continue to follow our current process.

The most common method of amending state constitutions in this country is to require a supermajority of legislators for the amendment to be placed on the ballot at the next general election. This would give the New York Legislature the same tools available to other state legislatures. In addition, both New jersey and Oklahoma already have similar provisions that allow a supermajority to expedite the ratification process of proposed amendments.

Prior legislative history

New Bill.

Fiscal implications

None

Effective date

Resolved, if the Senate concur, that the foregoing be referred to the first regular Legislative session convening after the next succeeding general election of Members of the Assembly.