Bill Text: NY A05244 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides for the submission to the people the question of whether or not to convene a constitutional convention.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A05244 Detail]

Download: New_York-2011-A05244-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5244
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 14, 2011
                                      ___________
       Introduced  by M. of A. LUPARDO, HOYT, GALEF, SCHROEDER, JAFFEE, CAHILL,
         LIFTON, THIELE, CASTELLI -- Multi-Sponsored by --  M.  of  A.  GIGLIO,
         MAGEE, RAIA, REILLY, ROBINSON -- read once and referred to the Commit-
         tee on Governmental Operations
       AN  ACT  to provide for the submission to the people of a proposition or
         question to convene a constitutional convention
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  We  hereby  find  and  declare  that  the  constitutional
    2  provision that has governed and  made  the  state's  annual  budget  for
    3  seventy  years  is  no  longer  adequate to protect the interests of the
    4  people and government institutions. Undue delay, secrecy and  inaccessi-
    5  bility  of  both process and constituent documents; ambiguity and uncer-
    6  tainty and a failure to address  core  social,  economic  and  financial
    7  issues  have  been  the  hallmark of the state's budget process for over
    8  twenty years.  Fundamental reform of governmental institutions and proc-
    9  esses is now required. In reform, the primacy of the executive branch to
   10  construct, propose and to execute provisions of a budget must  be  main-
   11  tained.  Similarly, the power of the legislature to meet its fundamental
   12  and  historic  obligations  to set forth policies and purposes governing
   13  for which a budget is constructed must be maintained.  The power of  the
   14  governor  to  veto  individual  lines of expenditure must be maintained.
   15  The ability of the legislature to override these and other  vetoes  must
   16  be  maintained. The right of the people to a clear, speedy and effective
   17  budget-making process must be enhanced.
   18    Furthermore, institutional reform of  the  executive  and  legislative
   19  branches  with  respect  to  government  integrity,  swift and effective
   20  legislative  action,  redistricting,  ballot  access,  campaign  finance
   21  reform,  the  end of abuses by the authority system, and a mechanism for
   22  the people to exercise their right of petition and response must also be
   23  realized. Calling a constitutional convention subject to  section  2  of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07312-01-1
       A. 5244                             2
    1  article  XIX  of  the  constitution  for the sole and limited purpose of
    2  achieving these and other structural reforms of government  institutions
    3  is required.
    4    To that end, and consistent with the statutory reforms of the delegate
    5  selection  process now being considered, we hereby find and declare that
    6  the creation of a state government  able  to  effectively  exercise  the
    7  power  and  responsibilities  given to it by a sovereign and free people
    8  should be convened by a vote by that same people.
    9    S 2. Pursuant to the provisions of section 2 of article XIX of the New
   10  York state constitution, the question "Shall there be  a  convention  to
   11  revise  the  constitution and amend the same?" shall be submitted to and
   12  decided by the people of the state at the general election to be held in
   13  the next succeeding November after the effective date of this act.
   14    S 3. If the question stated in section two of this act is answered  in
   15  the  affirmative  by  a  majority  of all votes cast for and against it,
   16  deciding in favor of a convention for such purpose, the  procedures  and
   17  provisions  of  section 2 of article XIX of the constitution shall apply
   18  and be implemented.
   19    S 4. This  act  shall  take  effect  immediately;  provided  that  the
   20  provisions of section three of this act shall not take effect unless and
   21  until  the  question proposed in section two of this act shall have been
   22  submitted to the people at the general election to be held in  the  next
   23  succeeding November after the effective date of this act, and shall have
   24  received  a  majority  of  all  votes  cast  for  and against it at such
   25  election. Upon approval by the people, section three of this  act  shall
   26  take  effect immediately. The ballots to be furnished for the use of the
   27  voters upon the submission of section two of this act shall  be  in  the
   28  form  prescribed by the election law, and the proposition or question to
   29  be submitted shall be printed in the following form:  "Shall there be  a
   30  convention to revise the constitution and amend the same?"