New York State Constitutional Amendment Process:
A Detailed Guide
The original Constitution was adopted on April 20, 1777, and has since been amended a handful of times. Notably, the Constitution has undergone significant revisions in 1821, 1846, 1894, and 1938.
Your voice matters. The process of amending the New York State Constitution is a careful, multi-step procedure designed to ensure broad legislative support and public involvement. The Forever Wild clause in Article XIV is just one example of how this process works to protect New York’s natural resources, but it highlights the importance of understanding the constitutional amendment process for both lawmakers and citizens.
The “Forever Wild” Clause in Article XIV
One of the key elements of the New York State Constitution is the Forever Wild Clause, Article XIV, which was added during the 1894 Constitutional Convention. This clause protects the Forest Preserve, ensuring that state-owned lands in the Adirondacks and Catskills are maintained as wild, untouched forest lands. The clause reads:
"The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed, or destroyed."
Any significant changes or projects on Forest Preserve lands require an amendment to Article XIV. This constitutional protection ensures that certain projects—like infrastructure development—can only proceed after formal approval through the constitutional amendment process.
The Process of Amending the New York State Constitution
Phase One: Legislative Introduction and Review
1. Introduction: A proposed amendment is introduced by legislative sponsors in both the New York State Senate and the New York State Assembly. These legislative bodies are commonly referred to as "houses."
2. Bill Assignment: After introduction, the proposed amendment is assigned a bill number and is sent to the appropriate committees within each house to conduct initial reviews of the amendment.
3. Attorney General Review: The Attorney General must also review the bill and provide a legal opinion regarding how the amendment will impact the state constitution within 20 days.
Phase Two: Passage in the Legislature
4. Committee Approval: If the proposed amendment is approved by the committees in both the Senate and Assembly, it moves forward to the floor of each house.
5. First Passage: The proposed amendment is then debated and voted on by members of the Senate and Assembly. If both houses approve the amendment, this is referred to as the first passage.
6. Second Passage: After the first passage, the proposed amendment is presented to the Legislature during the next regular legislative session. This extra step ensures that any amendment receives careful consideration by the newly elected legislature.
7. Timing Considerations: Depending on when the election occurs, the second vote on the amendment can take place either one or two years after the first passage.
Phase Three: Voter Approval
8. Ballot Submission: Once both houses of the Legislature pass the amendment in identical form during the second legislative session, the proposed amendment is placed on the ballot for approval by New York voters.
9. Public Vote: The proposed constitutional amendment is typically presented to voters during a general election. If the majority of voters approve the amendment, it is officially adopted. If approved by voters, the amendment becomes part of the New York State Constitution and typically takes effect on January 1 of the following year.
