NY State Senate Bill 2017-S3317

Senate Bill S3317

2017-2018 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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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Jan 20, 2017	referred to judiciary

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2017-S3317 (ACTIVE) - Details

See Assembly Version of this Bill:: A5109
Current Committee:: Senate Judiciary
Law Section:: United States Constitution
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6559
2015-2016: S2667, A7176
2019-2020: S1763, A1248
2021-2022: S1070, A428

2017-S3317 (ACTIVE) - 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.

2017-S3317 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3317

 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
advertisements, provided that these communications are not formally
"coordinated" with any candidate. In so holding, it found that the
political speech rights of American voters and corporate entities are
indistinguishable.

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 restricting 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
Citizens 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.

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately

2017-S3317 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3317
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by Sens. KRUEGER, DILAN, HOYLMAN, KENNEDY, MONTGOMERY, PARK-
   ER, PERALTA, PERKINS, SERRANO, SQUADRON  --  read  twice  and  ordered
   printed,  and when printed to be committed to the Committee on Judici-
   ary
 
 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.
                                                            LBD05142-01-7

 S. 3317                             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 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.

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