Bill Text: NY S01763 | 2019-2020 | General Assembly | Amended
Bill Title: 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.
Spectrum: Strong Partisan Bill (Democrat 17-1)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S01763 Detail]
Download: New_York-2019-S01763-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1763--A 2019-2020 Regular Sessions IN SENATE 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: 1 Section 1. Legislative findings and intent. The legislature finds 2 that: 3 a. the first President of the United States, George Washington, stat- 4 ed: "The basis of our political systems is the right of the people to 5 make and to alter their Constitutions of Government."; 6 b. it was the stated intention of the framers of the Constitution of 7 the United States of America that the Congress of the United States of 8 America should be "dependent on the people alone." (James Madison, 9 Federalist 52); 10 c. that dependency has evolved from a dependency on the people alone 11 to a dependency on those who spend excessively in elections, through 12 campaigns or third-party groups; 13 d. the United States Supreme Court ruling in Citizens United v. 14 Federal Election Commission 558 U.S. 310 (2010) removed restrictions on 15 amount of independent political spending; 16 e. the removal of those restrictions has resulted in the unjust influ- 17 ence of powerful economic forces, which have supplanted the will of the 18 people by undermining our ability to choose our political leadership, 19 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. LBD04074-02-9S. 1763--A 2 1 f. Article V of the United States Constitution requires the United 2 States Congress to call a convention for proposing amendments upon 3 application of two-thirds of the legislatures of the several states for 4 the purpose of proposing amendments to the United States Constitution. 5 § 2. The legislature declares that: 6 a. the State of New York sees the need for a convention to propose 7 amendments in order to address concerns such as those raised by the 8 decision of the United States Supreme Court in Citizens United v. 9 Federal Election Commission (2010) 130 S.Ct. 876 and related cases and 10 events including those occurring long before or afterward or for a 11 substantially similar purpose, and desires that said convention should 12 be so limited; and 13 b. the State of New York desires that the delegates to said convention 14 shall be comprised equally from individuals currently elected to state 15 and local office, or be selected by election in each Congressional 16 district for the purpose of serving as delegates, though all individuals 17 elected or appointed to federal office, now or in the past, be prohibit- 18 ed from serving as delegates to the Convention, and intends to retain 19 the ability to restrict or expand the power of its delegates within the 20 limits expressed above; and 21 c. the State of New York intends that this be a continuing application 22 considered together with applications calling for a convention passed in 23 the 2013-2014 Vermont Legislature as R-454; the 2013-2014 California 24 Legislature as Concurrent Resolution No. 1, Chapter 77; the 98th Illi- 25 nois General Assembly as SJR 42; the 2014-2015 New Jersey Legislature as 26 SCR 132; the 2015-2016 Rhode Island Legislature as HR 7670 and SR 2589; 27 and all other passed, pending, and future applications until such time 28 as two-thirds of the several states have applied for a convention for a 29 similar purpose and said convention is convened by Congress. 30 § 3. Pursuant to Article V of the United States Constitution, the 31 Legislature hereby petitions the United States Congress to call a 32 Convention for the purpose of proposing Amendments to the Constitution 33 of the United States of America as soon as two-thirds of the several 34 States have applied for a Convention. 35 § 4. The Governor of the State of New York shall transmit copies of 36 this act to the President and Vice President of the United States, the 37 Speaker of the United States House of Representatives, the Minority 38 Leader of the United States House of Representatives, the President Pro 39 Tempore of the United States Senate, to each Senator and Representative 40 from New York in the Congress of the United States, to the Governor of 41 each State, and to the presiding officers of each legislative body of 42 each of the several States, requesting the cooperation of the several 43 States in issuing an application compelling Congress to call a conven- 44 tion for proposing amendments pursuant to Article V of the United States 45 Constitution. 46 § 5. This act shall take effect immediately.
