senate Bill S4379

Provides for the submission to the people of a proposition or question to convene a constitutional convention

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 01 / Apr / 2011
    • REFERRED TO ELECTIONS
  • 02 / May / 2011
    • 1ST REPORT CAL.399
  • 03 / May / 2011
    • 2ND REPORT CAL.
  • 04 / May / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO ELECTIONS

Summary

Provides for the submission to the people of a proposition or question to convene a constitutional convention.

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Bill Details

See Assembly Version of this Bill:
A1262
Versions:
S4379
Legislative Cycle:
2011-2012
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §§1-104, 14-100 & 14-114, add §§2-128 & 6-125 & Art 18 §18-100, El L; amd §30, Pub Off L
Versions Introduced in 2009-2010 Legislative Cycle:
S6156, A9157

Votes

5
0
5
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Elections committee vote details

Sponsor Memo

BILL NUMBER:S4379

TITLE OF BILL:
An act
to amend the election law and the public officers law, in
relation to
providing for the submission to the people of a proposition or
question to
convene a constitutional convention

PURPOSE:
This bill would place on the ballot of the next general
election the question, "Shall there be a convention to revise the
constitution and amend the same?"; amend the election law to provide
for nonpartisan elections of delegates to constitutional conventions;
restrict contributions to Campaigns of constitutional delegates and
require registration and reporting of those promoting or opposing the
adoption of proposed constitutional amendments; amend the public
officers law to provide that state and local officers Sworn as
constitutional delegates shall vacate their public office; and to
provide for a constitutional convention preparatory commission.

SUMMARY OF PROVISIONS:
Section 1: recites the short title of this act,
"The People's Convention to Reform New York Act".

§2. Sets forth the legislative findings and declarations.

§3. Requires that the question, "Shall there be a convention to revise
the constitution and amend the same" be placed on the next general
election ballot as allowed under Article XIX, section 2 of the State
Constitution.

§4: Provides that procedures and provisions of Article XIX, section
2 of the state Constitution shall apply.

§5: Defines the term "nonpartisan election".

§6: Adds a new section 2-128 to Article 2 of the election law to
provide that certain state and county
political party officers shall vacate their party office
if elected and sworn as a delegate to the constitutional
convention.

§6: Adds a new section 2-128 to Article 2 of the election law to
provide that certain state and county political party officers
shall vacate their party office if elected and sworn as a delegate
to the constitutional convention.

§7: Adds a new section 6-125 to Article 6 of the election law to
provide the process and procedures for conducting nonpartisan
elections of delegates to the state constitutional convention.

§8: Adds a new subdivision 12 to section 14-100 of the election law
defining the term "political action committee".


§9: Adds a new subdivision 11 to section 14-114 to the election law
prohibiting campaign contributions or transfers from political party
committees, political committees or political action committees to
candidates for delegate to the state constitutional convention or any
such candidates' campaign committees.

§10: Adds a new article 18 to the election law to require registration
and reporting by persons promoting or opposing the adoption of
proposed constitutional amendments by a constitutional convention.

§11: Adds a new subdivision 1-a to Section 30 of the Public Officers
Law to provide that any state or local officer elected and sworn as a
delegate to a state constitutional convention shall be deemed to have
vacated his or her state or local office.

§12: Establishes a constitutional convention preparatory commission to
prepare for a proposed agenda, position papers and other information
in advance of the constitutional convention.

§13: Severability clause.

§14: Provides that the act shall take effect immediately, except that
section 4 shall not take effect unless the question proposed in
section 3 shall have been submitted to the voters at a general
election and shall have received a majority of the votes cast.

JUSTIFICATION:
New York's Constitution is a fundamental document that
performs three vital roles. It organizes the government, establishes
fundamental rights and liberties of the people and articulates the
basic values and principal concerns of the people that they wish
their government to address. Our state Constitution recognizes that
periodic review is necessary to keep the document current as law and
society change.
Such reviews correct deficiencies and strengthen the governing process.
The most recent crises in state government underscore this point. Some
claim the current Constitution does not adequately address the issue
of gubernatorial succession, especially in the instance where there
is a vacancy in the office of Lieutenant Governor. This apparent lack
of clarity has led to litigation and has caused a distraction that
has contributed to the failure to address critical issues facing our
state.
Similarly, the recent Senate deadlock paralyzed that body for more
than a month as there was no mechanism in place to break tie votes.

Whether as a result of the most recent crises in state government or
as a result of a more institutionalized problem, our state government
has failed to adequately address a number of issues that the people
of this state would like to see addressed: a constitutional state
spending cap, local government real property tax caps, state debt
reform, public authority reform and accountability, reform of the
state budget process, nonpartisan redistricting of legislative
districts, campaign finance reform, recall of elected officials, and
an initiative and referendum process.

These principal concerns of the people of the state are best addressed
by those people at a "People's Convention" where they can evaluate the


current constitution and reform or revise it, as necessary, to meet
the needs of the current generation of New Yorkers. To ensure that
the convention addresses the views of all New Yorkers, we need to
insure participation of as broad a spectrum of the state's citizens
as possible. Such as process will result in a fair, efficient and
modern representative document. The constitutional conventions of
1938 and 1967 were criticized as being dominated by elected and
political party officials. In crafting our state's core legal
document, delegates should put aside partisan political views. In
order to focus the election of delegates on their positions on the
critical issues of the day, rather than their political party
affiliation, and in order to give all New Yorkers, not just the
politically connected, a real chance to voice their views as
delegates, we must have nonpartisan elections for constitutional
convention delegates.

Also, in recognition of the need to insulate delegate candidates from
the appearance of conflict or impropriety, contributions from
political, political party, and political actions committees is
prohibited.

In order to provide a mechanism to narrow the field of candidates
appearing on the general election ballot, the nonpartisan primary
elections are structured to work as a run-off elections. The nine
candidates receiving the highest number of votes in each Senate
district shall advance to the general election. At the general
election the three candidates receiving the greatest number of votes
in each senate district shall be elected delegates to the convention.
For statewide, at-large delegates, the 30 candidates receiving the
greatest number of votes in the nonpartisan primary election shall
advance to the general election. The fifteen candidates receiving the
greatest number of votes in the general election shall be elected
statewide, at-large delegates to the convention.

By law, elected political party officials occupy quasi-public positions.
Those officials have a duty to serve their party organizations to the
best of their abilities and to advance their individual party's
beliefs, principles, and platform - perhaps, at the risk of removal
for disloyalty for failing to do so. Recognizing the likely potential
for conflict between the position of elected political party officer
and state constitutional convention delegate, but not wanting to
exclude any interested citizen from serving as a delegate, this bill
permits the individual to seek election as a delegate, refraining
from partisan political activity only during such election and term
and constructively vacating his or her elected political party
position only when such conflict becomes readily apparent, upon
election as a delegate.

Similarly, this bill permits state and local officers to seek election
as delegates. In recognition of the potential for conflict between
the state or local officer's position and that of delegate and, in
further recognition that of the time commitment necessary to serve as
a delegate and the public compensation provided therefore, this bill
provides that the state or local officer elected as a delegate to the
convention would vacate his state or local office upon being sworn to
the public office of delegate to the constitutional convention. The
bill requires that persons interested in lobbying the convention


register and report their activities and that such persons would
then, as a result of their obvious conflict, be disqualified from
serving as convention delegates.

The bill further provides for a constitutional convention preparatory
commission. The work of the delegates will be great and the time to
consider the many complex issues facing the state, relatively short.
In order to permit the delegates to make the best use of their time,
a preparatory commission can do advance research and writing on the
issues the convention will likely address.

Nine conventions have taken place over the course of the State's
history. Out of those conventions have Come profound and expanded
rights for all New Yorkers. The first convention convened in White
Plains in 1777.
At this convention the first State Constitution was drafted. Other
conventions have produced significant expansion of rights and
reformation of governments. For example, the Bill of Rights and the
Governor's veto power were added. to the Constitution at the
convention of 1821.
The convention of 1846, the extension of the franchise and the
transfer of many appointive offices to elective ones was added to the
Constitution. At the convention of 1894, a provision that required
legislation to 'age for at least three days prior to being put to a
vote was ratified and the Blaine amendment (prohibiting State funding
to parochial schools) was approved. The last convention was held in
1967 and the proposed new Constitution was subsequently defeated. In
1997 the voters decided not to hold a convention. As we have
witnessed, much in our state, our nation .and the world has changed
since then.

LEGISLATIVE HISTORY:
A.9157 (2009-10), Held in Judiciary

FISCAL IMPLICATIONS:
It is estimated that the election of delegates
and the holding of the convention could cost the state approximately
$12 to $15 million.

EFFECTIVE DATE:
This act shall take effect immediately; provided that
the provisions of section four of this act shall not take effect unless
and until the question proposed in section three of this act shall
have been submitted to the people at the general election to be held
in the next succeeding November after the effective date of this act,
and shall have received a majority of all votes cast for and against
it at such election. Upon approval by the people section four of this
act shall take effect immediately. The ballots to be furnished for
the use of the voters upon the submission of section one of this act
shall be in the form prescribed by the election law, and the
proposition or question to be submitted shall be printed in the
following form:

"Shall there be a convention to revise the constitution and amend the
same?"


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4379

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 1, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the  election  law  and  the  public  officers  law,  in
  relation  to  providing for the submission to the people of a proposi-
  tion 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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "People's Convention to Reform New York Act".
  S 2. Legislative findings  and  declaration.  The  legislature  hereby
finds  that  New  York state has held nine constitutional conventions in
its history; the most recent of which was held in 1967, more than  forty
years  ago.  The  revised  constitution  proposed by that convention was
overwhelmingly defeated at the polls. The  next  most  recent  constitu-
tional  convention  was  held  in 1938 and the constitutional amendments
proposed by that convention were largely supported  by  the  electorate.
Between  the  1938  and  1967  conventions,  the legislature amended the
constitution some 93 times. While amendments proposed by the legislature
must be ratified  by  the  electorate,  it  is  only  at  constitutional
conventions  that  ordinary  citizens have the opportunity to reconsider
the fundamental structure of state government and to assess  its  effec-
tiveness  in  light of the current social, economic and political condi-
tions of the day. In providing for periodic constitutional  conventions,
the  framers  of  our  current  document acknowledged the need to have a
dynamic, living and breathing statement of how government should operate
and what limits or controls it should have on our individual pursuit  of
life, liberty and happiness.
  Much  has  changed in our state, our nation and the world in the forty
years since our last constitutional convention. The information age  has
transformed  the  way  the  world communicates and does business and how
governments interact with their  citizens.  The  world  has  effectively

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05219-01-1

S. 4379                             2

grown  much  smaller,  our  populations are more mobile and we are truly
part of a global economy. To make our state and its communities  attrac-
tive  places  to  live,  work  and  raise families, they must be able to
compete in this new environment. To ensure the long term fiscal stabili-
ty  of  our  state  and  local governments and the affordability of such
governments for its citizens,  provisions  for  constitutional  caps  on
state  spending  and  local  real  property taxes must be addressed, the
requirement of a  two-thirds  vote  for  tax  increase  legislation  and
restrictions on the state's ability to impose unfunded mandates on local
governments  must  be  imposed,  real debt reform and an absolute ban on
back door borrowing must become a reality.   The  convention  must  also
address  the  proper role of public authorities, particularly those that
operate public transit systems, to ensure that they are  accountable  to
the other branches of government and to the people they serve.
  The  constitutional  provisions that have governed the workings of the
legislature and the succession to the  governorship  do  not  adequately
protect the interests of the people and our government institutions. The
ambiguity  of those constitutional provisions and uncertainty over their
consistency with other law has contributed to a leadership crisis, poli-
tical turmoil, litigation and, most important, an inability  to  address
issues  and  processes  that fundamentally impact our state's ability to
meet the needs of its citizens. The constitution needs to be  clear  and
unambiguous on these matters. Mechanisms need to be put in place so that
tie  votes on leadership issues in the legislature do not paralyze state
government.   Clear procedures on succession  to  the  governorship  are
necessary  to ensure the orderly transition of power in times of crisis.
The voters of the state should have a role in the filling of  a  vacancy
in  the  offices  of  attorney  general,  comptroller  or  United States
senator. To ensure a truly dynamic legislature that is  more  likely  to
change  with  our  ever more rapidly changing economic, social and poli-
tical environment, we should limit the terms of our legislative  leaders
and  to  ensure  that  the  voices  of the citizens of the state are not
drowned out by those of special interests, meaningful  campaign  finance
reform is necessary. Despite statutory changes, our budget process still
lacks  meaningful  participation  by  rank  and file legislators and the
public.  The members of a constitutional convention should make a  clear
statement as to whether members of the legislature must actually live in
the  districts from which they are elected. We must afford the public an
opportunity to decide whether processes available to citizens  of  other
states - recall and initiative and referendum are desirable in New York.
To  ensure  competitive  elections  and truly representative government,
non-partisan redistricting of legislative districts must be required.
  Fundamental reform of governmental institutions and processes  is  now
required.  The last two constitutional conventions were dominated by the
politically connected (two-thirds of the delegates to the  1938  conven-
tion  and about 83% of the 1967 delegates were present or former elected
or party officials).  To  ensure  the  success  of  this  constitutional
convention  and  future  conventions, we must limit the participation of
elected and party officials so that the  conventions  can  be  "People's
Conventions"  and  so  the  voices of all New Yorkers, not just those of
special interests, can be heard.
  The legislature further finds and declares, in furtherance  of  estab-
lishing a meaningful convention process, that:
  (a) delegates to the convention should be involved and concerned citi-
zens and not elected officials, lobbyists, or party chairmen;

S. 4379                             3

  (b)  prior to the convening of the convention, and solely as an aid to
delegates, there should  be  appointed  a  preparatory  commission  with
adequate  time  to study the issues, establish a proposed initial agenda
and procedures, and prepare position papers, with ongoing information to
and participation of the public;
  (c)  insofar as possible, procedures should be established in both the
selection of delegates and in the running of the  convention  that  will
reduce partisanship; and
  (d)  reasonable  time  limits  should  be  placed on the length of the
convention and its costs, so as to assure that  the  operations  of  the
convention  are  not  a burden on taxpayers, and that the convention may
enjoy maximum citizen participation.
  Calling a constitutional convention subject to section  2  of  article
XIX  of  the  New  York  state constitution for the consideration of the
issues outlined above and all other issues that the delegates  may  deem
appropriate  and in need of address to achieve the enumerated structural
and procedural reforms of government and its institutions is required.
  To that end, and consistent with the statutory reforms of the delegate
selection process now being considered, we hereby find and declare  that
the  creation  of  a  state  government able to effectively exercise the
power and responsibilities given to it by a sovereign  and  free  people
should be convened by a vote by that same people.
  S 3. Pursuant to the provisions of section 2 of article XIX of the New
York  state  constitution,  the question "Shall there be a convention to
revise the constitution and amend the same?" shall be submitted  to  and
decided by the people of the state at the general election to be held in
the next succeeding November after the effective date of this act.
  S  4.  If the question stated in section three of this act is answered
in the affirmative by a majority of all votes cast for and  against  it,
deciding  in  favor of a convention for such purpose, the procedures and
provisions of section 2 of article XIX of the New York  state  constitu-
tion shall apply and be implemented.
  S  5.  Section  1-104  of  the election law is amended by adding a new
subdivision 38 to read as follows:
  38. THE TERM  "NONPARTISAN  ELECTION"  MEANS  A  PRIMARY,  GENERAL  OR
SPECIAL  ELECTION IN WHICH CANDIDATES SHALL RUN WITHOUT PARTY LABEL, AND
POLITICAL PARTIES ARE PROHIBITED FROM DESIGNATING OR  NOMINATING  CANDI-
DATES.
  S 6. The election law is amended by adding a new section 2-128 to read
as follows:
  S  2-128.  ELECTION  OF PARTY COMMITTEE OFFICERS AS DELEGATES TO STATE
CONSTITUTIONAL CONVENTION. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,
IN  THE EVENT THAT A PERSON SERVING AS CHAIRMAN, SECRETARY, OR TREASURER
OF A STATE OR COUNTY COMMITTEE OF A POLITICAL PARTY IS  ELECTED  TO  AND
SWORN  AS  A  DELEGATE TO A STATE CONSTITUTIONAL CONVENTION, SUCH PERSON
SHALL BE DEEMED TO HAVE RESIGNED FROM HIS OR HER POLITICAL  PARTY  POSI-
TION  AND THE PROVISIONS OF THIS ARTICLE FOR THE FILLING OF VACANCIES IN
SUCH POSITION SHALL APPLY.
  S 7. The election law is amended by adding a new section 6-125 to read
as follows:
  S 6-125.  NONPARTISAN  ELECTIONS  OF  DELEGATES  TO  A  CONSTITUTIONAL
CONVENTION.  1.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PRIMARY
ELECTIONS AND  GENERAL  ELECTIONS  FOR  DELEGATES  TO  A  CONSTITUTIONAL
CONVENTION  PURSUANT  TO  ARTICLE XIX OF THE NEW YORK STATE CONSTITUTION
SHALL BE CONDUCTED AS NONPARTISAN ELECTIONS.

S. 4379                             4

  2. DESIGNATIONS FOR NOMINATION AT A NONPARTISAN PRIMARY FOR  DELEGATES
TO  A  CONSTITUTIONAL  CONVENTION  SHALL  BE  MADE IN THE SAME MANNER AS
CURRENTLY PROVIDED FOR INDEPENDENT DESIGNATING PETITIONS.  ALL  ENROLLED
VOTERS SHALL BE QUALIFIED TO SIGN NONPARTISAN DESIGNATING PETITIONS.
  3.  NOTWITHSTANDING THE PROVISIONS OF SECTION 6-136 OF THIS ARTICLE OR
ANY OTHER PROVISION OF LAW, ALL PETITIONS FOR THE DESIGNATION FOR  NOMI-
NATION  OF  A  CONSTITUTIONAL CONVENTION DELEGATE FROM A SENATE DISTRICT
MUST BE SIGNED BY NOT LESS THAN ONE THOUSAND  ENROLLED  VOTERS  OF  SUCH
SENATE  DISTRICT AND ALL PETITIONS FOR THE DESIGNATION FOR NOMINATION OF
A STATEWIDE, AT-LARGE CONSTITUTIONAL CONVENTION DELEGATE MUST BE  SIGNED
BY  NOT LESS THAN TEN THOUSAND ENROLLED VOTERS OF THE STATE, OF WHOM NOT
LESS THAN ONE HUNDRED MUST RESIDE IN EACH OF TEN  OF  THE  CONGRESSIONAL
DISTRICTS OF THE STATE.
  4.  THE FORM OF THE DESIGNATING PETITION USED TO MAKE A DESIGNATION IN
A NONPARTISAN PRIMARY SHALL BE SUBSTANTIALLY IN THE FORM  PRESCRIBED  IN
SECTION 6-132 OF THIS ARTICLE, EXCEPT THAT NO REFERENCE SHALL BE MADE TO
ANY POLITICAL PARTY THEREIN.
  5.  UNLESS  OTHERWISE  PROVIDED  IN  THIS SECTION, THE SECTIONS OF LAW
APPLICABLE TO DESIGNATING PETITIONS FOR  NONPARTISAN  PRIMARY  ELECTIONS
SHALL BE THOSE PRESCRIBED BY THIS ARTICLE.
  6.  ALL  REGISTERED  VOTERS,  REGARDLESS  OF PARTY AFFILIATION OR LACK
THEREOF, SHALL BE PERMITTED TO VOTE IN THE NONPARTISAN PRIMARY  ELECTION
FOR  THE  NOMINATION  OF  CANDIDATES  FOR  THE OFFICE OF DELEGATE TO THE
CONSTITUTIONAL CONVENTION. SUITABLE PROVISIONS MUST BE MADE SO THAT EACH
ELECTOR MAY VOTE FOR UP TO THREE OF ANY SENATE  DISTRICT  CONSTITUTIONAL
CONVENTION  DELEGATE  CANDIDATES  AND  UP  TO  FIFTEEN OF ANY STATEWIDE,
AT-LARGE CONSTITUTIONAL CONVENTION DELEGATE CANDIDATES.
  7. UPON THE CANVASS OF VOTES IN A NONPARTISAN PRIMARY THE NINE CONSTI-
TUTIONAL CONVENTION DELEGATE CANDIDATES RECEIVING THE HIGHEST NUMBER  OF
VOTES  IN  EACH  SENATE DISTRICT AND THE THIRTY CANDIDATES RECEIVING THE
HIGHEST NUMBER OF VOTES AS STATEWIDE, AT-LARGE CONSTITUTIONAL CONVENTION
DELEGATES SHALL BE CERTIFIED AS NOMINATED AND SHALL RUN IN  THE  GENERAL
ELECTION HELD SUBSEQUENT TO THE PRIMARY WITHOUT PARTY IDENTIFICATION.
  8.  NO  CANDIDATE FOR DELEGATE TO A CONSTITUTIONAL CONVENTION SHALL IN
ANY WAY USE OR ALLOW HIMSELF OR HERSELF TO BE ASSOCIATED  WITH  A  PARTY
LABEL IN EITHER THE PRIMARY OR GENERAL ELECTION.
  9.  ONCE A PERSON ANNOUNCES HIS OR HER INTENTION TO BE A CANDIDATE FOR
ELECTION TO THE POSITION OF DELEGATE TO  THE  CONSTITUTIONAL  CONVENTION
AND UNTIL SUCH TIME AS THAT PERSON IS NO LONGER A CANDIDATE OR UNTIL HIS
OR  HER  SERVICE AS A DELEGATE ENDS, WHICHEVER OCCURS LATER, SUCH CANDI-
DATE FOR DELEGATE TO A CONSTITUTIONAL CONVENTION SHALL NOT  (A)  PARTIC-
IPATE  IN  ANY  PARTISAN  POLITICAL  PARTY  ACTIVITIES, EXCEPT THAT SUCH
CANDIDATE MAY REGISTER TO VOTE AS A MEMBER OF ANY  POLITICAL  PARTY  AND
MAY VOTE IN ANY PARTY PRIMARY FOR CANDIDATES FOR NOMINATION OF THE PARTY
IN  WHICH  HE  OR  SHE  IS  REGISTERED TO VOTE; (B) CAMPAIGN OR PUBLICLY
REPRESENT OR ADVERTISE HIMSELF OR HERSELF AS A MEMBER OF  ANY  POLITICAL
PARTY;  (C)  ENDORSE  ANY  CANDIDATE  OR POLITICAL PARTY; (D) ACCEPT THE
ENDORSEMENT OF ANY POLITICAL PARTY; OR (E) SOLICIT  OR  ACCEPT  CONTRIB-
UTIONS FROM ANY POLITICAL PARTY COMMITTEE, POLITICAL ACTION COMMITTEE OR
POLITICAL  COMMITTEE PURSUANT TO SUBDIVISION ELEVEN OF SECTION 14-114 OF
THIS CHAPTER.
  10. WITHIN ONE HUNDRED EIGHTY DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION,  THE  STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGU-
LATIONS CONSISTENT WITH THIS SECTION  TO  EFFECTUATE  THE  PURPOSES  AND
POLICIES HEREOF.

S. 4379                             5

  S  8.  Section  14-100  of the election law is amended by adding a new
subdivision 12 to read as follows:
  12.  "POLITICAL  ACTION  COMMITTEE"  MEANS  ANY COMMITTEE ESTABLISHED,
FINANCED, MAINTAINED OR CONTROLLED BY ANY PERSON, GROUP  OR  ENTITY  FOR
THE PURPOSE OF SUPPORTING CANDIDATES FOR ELECTED POLITICAL OFFICE AND/OR
OTHER POLITICAL PARTY OR POLITICAL COMMITTEES BY MAKING CONTRIBUTIONS TO
SUCH  CANDIDATES AND/OR THEIR POLITICAL CAMPAIGN COMMITTEES OR BY MAKING
CONTRIBUTIONS TO OTHER POLITICAL PARTY OR  OTHER  POLITICAL  COMMITTEES,
AND DOES NOT MAKE DIRECT EXPENDITURES ON BEHALF OF CANDIDATES.
  S  9.  Section  14-114  of the election law is amended by adding a new
subdivision 11 to read as follows:
  11. NO POLITICAL PARTY COMMITTEE, POLITICAL ACTION COMMITTEE OR  POLI-
TICAL  COMMITTEE  SHALL  CONTRIBUTE  TO  ANY CANDIDATE FOR DELEGATE TO A
CONSTITUTIONAL CONVENTION FOR EITHER THE PRIMARY  OR  GENERAL  ELECTION.
NOR  SHALL  ANY  CANDIDATE  FOR  DELEGATE TO A CONSTITUTIONAL CONVENTION
SOLICIT OR ACCEPT CONTRIBUTIONS  FROM  ANY  POLITICAL  PARTY  COMMITTEE,
POLITICAL ACTION COMMITTEE OR POLITICAL COMMITTEE FOR EITHER THE PRIMARY
OR GENERAL ELECTION.
  S  10.  The election law is amended by adding a new article 18 to read
as follows:
                                ARTICLE 18
          REGISTRATION AND REPORTS BY CERTAIN PERSONS PROMOTING
           OR OPPOSING THE ADOPTION OF PROPOSED CONSTITUTIONAL
                     AMENDMENTS BY A CONSTITUTIONAL
                               CONVENTION
  SECTION 18-100.  REGISTRATION AND REPORTS BY CERTAIN PERSONS PROMOTING
OR OPPOSING THE ADOPTION OF  PROPOSED  CONSTITUTIONAL  AMENDMENTS  BY  A
CONSTITUTIONAL CONVENTION.
  S  18-100.  REGISTRATION  AND  REPORTS BY CERTAIN PERSONS PROMOTING OR
OPPOSING THE ADOPTION OF PROPOSED CONSTITUTIONAL AMENDMENTS BY A CONSTI-
TUTIONAL CONVENTION. 1. EVERY PERSON RETAINED OR  EMPLOYED  FOR  COMPEN-
SATION BY ANY PERSON, FIRM, CORPORATION OR ASSOCIATION WHO, ON BEHALF OF
SUCH  PRINCIPAL  OR EMPLOYER, PROMOTES OR OPPOSES DIRECTLY OR INDIRECTLY
THE ADOPTION OF A PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS  BY  A
CONSTITUTIONAL  CONVENTION,  WHETHER  OR  NOT  HE  OR SHE HAS A PERSONAL
INTEREST THEREIN, SHALL, BEFORE ANY SERVICE IS ENTERED UPON IN PROMOTING
OR OPPOSING SUCH PROPOSED CONSTITUTIONAL AMENDMENT OR  AMENDMENTS,  FILE
IN  THE  OFFICE  OF  THE SECRETARY OF STATE A WRITING SUBSCRIBED BY SUCH
PERSON STATING THE NAME OR NAMES OF  THE  PERSON  OR  PERSONS,  FIRM  OR
FIRMS, CORPORATION OR CORPORATIONS, ASSOCIATION OR ASSOCIATIONS, BY WHOM
OR  ON  WHOSE  BEHALF HE OR SHE IS RETAINED OR EMPLOYED, TOGETHER WITH A
BRIEF DESCRIPTION OF THE PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS
IN REFERENCE TO WHICH SUCH SERVICE IS TO BE RENDERED.
  2. IT SHALL BE THE DUTY OF THE SECRETARY OF STATE TO PROVIDE A  DOCKET
TO BE KNOWN AS THE DOCKET OF CONSTITUTIONAL CONVENTION APPEARANCES, WITH
APPROPRIATE BLANKS AND INDICES, AND TO FORTHWITH ENTER THEREIN THE NAMES
OF THE PERSONS SO RETAINED OR EMPLOYED AND OF THE PERSONS, FIRMS, CORPO-
RATIONS  OR  ASSOCIATIONS  RETAINING  OR EMPLOYING THEM, TOGETHER WITH A
BRIEF DESCRIPTION OF THE PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS
IN REFERENCE TO WHICH THE SERVICE IS TO BE RENDERED, WHICH DOCKET  SHALL
BE OPEN TO PUBLIC INSPECTION.
  3.  UPON  THE  TERMINATION  OF SUCH RETAINER OR EMPLOYMENT THE FACT OF
SUCH TERMINATION, WITH THE DATE THEREOF, SHALL BE ENTERED IN THE  DOCKET
BY  THE  SECRETARY OF STATE UPON RECEIVING WRITTEN NOTICE TO THAT EFFECT
FROM SUCH PERSON OR FROM THE PERSON, FIRM, CORPORATION OR ASSOCIATION IN
WHOSE BEHALF SUCH SERVICE HAS BEEN RENDERED.

S. 4379                             6

  4. NO PERSON RETAINED OR EMPLOYED TO PROMOTE OR  OPPOSE,  DIRECTLY  OR
INDIRECTLY,  THE  ADOPTION  OF  A  PROPOSED  CONSTITUTIONAL AMENDMENT OR
AMENDMENTS BY A CONSTITUTIONAL CONVENTION SHALL BE ELIGIBLE TO SERVE  AS
A DELEGATE TO SUCH CONSTITUTIONAL CONVENTION.
  5.  NO PERSON, FIRM, CORPORATION OR ASSOCIATION SHALL RETAIN OR EMPLOY
ANY PERSON TO PROMOTE OR OPPOSE ANY PROPOSED CONSTITUTIONAL AMENDMENT OR
AMENDMENTS FOR COMPENSATION CONTINGENT IN WHOLE  OR  IN  PART  UPON  THE
ADOPTION  OR DEFEAT OF ANY SUCH AMENDMENT OR AMENDMENTS BY THE CONSTITU-
TIONAL CONVENTION, AND NO PERSON SHALL ACCEPT  ANY  SUCH  EMPLOYMENT  OR
RENDER  ANY  SUCH SERVICE FOR COMPENSATION CONTINGENT UPON SUCH ADOPTION
OR DEFEAT.
  6. NO PERSON SHALL FOR COMPENSATION ENGAGE IN  PROMOTING  OR  OPPOSING
ANY  PROPOSED  CONSTITUTIONAL  AMENDMENT OR AMENDMENTS BY SUCH CONSTITU-
TIONAL CONVENTION EXCEPT UPON APPEARANCE ENTERED IN ACCORDANCE WITH  THE
FOREGOING PROVISIONS OF THIS SECTION.
  7.  IT SHALL BE THE DUTY OF EVERY PERSON, FIRM, CORPORATION, PUBLIC OR
PRIVATE, OR ASSOCIATION, (WHETHER OR NOT REQUIRED TO  FILE  PURSUANT  TO
THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION), NOT LATER THAN APRIL
FIFTEENTH,  IN ANY YEAR IN WHICH A CONSTITUTIONAL CONVENTION IS CONVENED
AND IN WHICH A PROPOSED CONSTITUTIONAL  AMENDMENT  OR  AMENDMENTS  BY  A
CONSTITUTIONAL CONVENTION IS PUT TO THE VOTERS, TO FILE IN THE OFFICE OF
THE  SECRETARY  OF  STATE  AN ITEMIZED STATEMENT VERIFIED BY THE OATH OF
SUCH PERSON, OR IN CASE OF A FIRM BY THE OATH OF A MEMBER THEREOF, OR IN
CASE OF A DOMESTIC CORPORATION OR ASSOCIATION BY THE OATH OF AN  OFFICER
THEREOF,  OR IN CASE OF A FOREIGN CORPORATION OR ASSOCIATION BY THE OATH
OF AN OFFICER OR AGENT THEREOF, SHOWING IN  DETAIL  ALL  EXPENSES  PAID,
INCURRED  OR  PROMISED  DIRECTLY  OR INDIRECTLY IN EACH YEAR THROUGH THE
CONCLUSION OF THE YEAR IN WHICH ANY PROPOSED CONSTITUTIONAL AMENDMENT OR
AMENDMENTS BY A CONSTITUTIONAL CONVENTION HAVE BEEN PUT TO  THE  VOTERS,
IN CONNECTION WITH PROMOTING OR OPPOSING ANY CONSTITUTIONAL AMENDMENT OR
AMENDMENTS WHICH MAY BE PROPOSED AT SUCH CONSTITUTIONAL CONVENTION, WITH
THE  NAMES  OF  THE  PAYEES  AND  THE AMOUNT PAID TO EACH, INCLUDING ALL
DISBURSEMENTS  PAID,  INCURRED  OR  PROMISED  TO  PERSONS  EMPLOYED   OR
RETAINED,  AND  ALSO SPECIFYING THE NATURE OF SUCH CONSTITUTIONAL AMEND-
MENT OR AMENDMENTS, AND THE  INTEREST  THEREIN  OF  SUCH  PERSON,  FIRM,
CORPORATION  OR  ASSOCIATION; PROVIDED, HOWEVER, NO SUCH ITEMIZED STATE-
MENT NEED BE FILED IF THE TOTAL OF SUCH ITEMIZED EXPENSES IS  LESS  THAN
TWO HUNDRED FIFTY DOLLARS.
  8.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO THE STATE NOR
SHALL SUBDIVISIONS ONE, FIVE AND NINE OF THIS SECTION APPLY TO A COUNTY,
CITY, TOWN, VILLAGE, PUBLIC BOARD OR INSTITUTION,  OR  THEIR  AGENTS  OR
EMPLOYEES;  NOR  SHALL  THE  PROVISIONS  OF THIS SECTION BE CONSTRUED AS
AFFECTING PROFESSIONAL SERVICES IN DRAFTING  A  PROPOSED  CONSTITUTIONAL
AMENDMENT  OR AMENDMENTS OR IN ADVISING CLIENTS OR IN RENDERING OPINIONS
AS TO THE CONSTRUCTION AND EFFECT OF  ANY  CONSTITUTIONAL  AMENDMENT  OR
AMENDMENTS  WHICH  MAY BE PROPOSED AT SUCH CONVENTION WHERE SUCH PROFES-
SIONAL SERVICE IS NOT OTHERWISE CONNECTED WITH CONSTITUTIONAL CONVENTION
ACTION.
  9. ON OR BEFORE APRIL TWENTY-FOURTH IN ANY YEAR IN WHICH  A  CONSTITU-
TIONAL  CONVENTION  IS CONVENED, THE SECRETARY OF STATE SHALL FURNISH TO
EACH DELEGATE TO SUCH CONVENTION A SUMMARY OF THE INFORMATION  CONTAINED
IN THE DOCKET OF CONSTITUTIONAL CONVENTION APPEARANCES, AND ON OR BEFORE
SUCH  DATE  SHALL  ALSO TRANSMIT TO THE PRESIDENT OF SUCH CONSTITUTIONAL
CONVENTION A COPY OF EVERY STATEMENT FILED IN HIS OR HER  OFFICE  UP  TO
AND INCLUDING SUCH DATE PURSUANT TO SUBDIVISION SIX OF THIS SECTION.

S. 4379                             7

  10.  EVERY  PERSON, EVERY MEMBER OF ANY FIRM, AND EVERY ASSOCIATION OR
CORPORATION VIOLATING ANY PROVISION OF THIS  SECTION  AND  EVERY  PERSON
CAUSING  OR  PARTICIPATING  IN  A VIOLATION THEREOF SHALL BE GUILTY OF A
MISDEMEANOR AND, IN CASE OF AN INDIVIDUAL, SHALL BE PUNISHABLE BY IMPRI-
SONMENT  IN  A PENITENTIARY OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR OR
BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR BY BOTH, AND, IN CASE
OF AN ASSOCIATION OR CORPORATION, BY A FINE OF NOT MORE THAN  ONE  THOU-
SAND  DOLLARS.  IN  ADDITION  TO  THE PENALTIES HEREINBEFORE IMPOSED ANY
CORPORATION OR ASSOCIATION FAILING TO FILE  THE  STATEMENT  OF  EXPENSES
PRESCRIBED  BY  THIS SECTION SHALL FORFEIT TO THE PEOPLE OF THE STATE OF
NEW YORK THE SUM OF ONE HUNDRED DOLLARS PER DAY FOR EACH  DAY  FOLLOWING
THE EXPIRATION OF THIRTY DAYS AFTER THE TIME FIXED BY SUBDIVISION SIX OF
THIS  SECTION FOR FILING SUCH STATEMENT, TO BE RECOVERED IN AN ACTION TO
BE BROUGHT BY THE ATTORNEY GENERAL.
  S 11. Section 30 of the public officers law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. WHENEVER ANY STATE OR LOCAL OFFICER, AS THOSE TERMS  ARE  DEFINED
IN  SECTION TWO OF THIS CHAPTER, IS ELECTED AND SWORN AS A DELEGATE TO A
STATE CONSTITUTIONAL CONVENTION, SUCH OFFICIAL WILL BE  DEEMED  TO  HAVE
VACATED  HIS  OR  HER  STATE OR LOCAL OFFICE AND THE SAID OFFICE WILL BE
DEEMED VACANT FOR PURPOSES  OF  THE  NOMINATION  AND  APPOINTMENT  OF  A
SUCCESSOR.
  S  12.  No later than 180 days prior to the convening of the constitu-
tional convention, and solely as an aid to  delegates,  there  shall  be
appointed  a  constitutional  convention  preparatory  commission  whose
purpose shall be to study the issues, establish a proposed initial agen-
da and procedures, and prepare position papers, with ongoing information
to and participation of the public. Members of the commission  shall  be
appointed  as  follows: two each by the governor, the majority leader of
the senate and the speaker of the assembly, and one each by the minority
leader of the senate and  the  minority  leader  of  the  assembly.  The
members shall elect a chair.
  S  13.  Severability. If any provision of this act, or the application
thereof to any person or circumstance, shall be adjudged by any court of
competent jurisdiction to be invalid or unconstitutional, such  judgment
shall  not affect, impair or invalidate the remainder thereof, but shall
be confined in its operation to the provision of this  act,  or  in  its
application  to  the  person  or  circumstance, directly involved in the
controversy in which such judgment shall have been rendered.
  S 14. This act  shall  take  effect  immediately;  provided  that  the
provisions  of section four of this act shall not take effect unless and
until the question proposed in section three of this act shall have been
submitted to the people at the general election to be held in  the  next
succeeding November after the effective date of this act, and shall have
received  a  majority  of  all  votes  cast  for  and against it at such
election.  Upon approval by the people, section four of this  act  shall
take  effect immediately. The ballots to be furnished for the use of the
voters upon the submission of section three of this act shall be in  the
form  prescribed by the election law, and the proposition or question to
be submitted shall be printed in the following form: "Shall there  be  a
convention to revise the constitution and amend the same?"

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