S T A T E   O F   N E W   Y O R K
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                                  4271

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced  by M. of A. BRODSKY, HOYT, GALEF, KOON, POWELL, SCHROEDER --
  Multi-Sponsored by -- M. of A. ROBINSON -- read once and  referred  to
  the Committee 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:

  Section  1.  We  hereby  find  and  declare  that  the  constitutional
provision that has governed and  made  the  state's  annual  budget  for
seventy  years  is  no  longer  adequate to protect the interests of the
people and government institutions. Undue delay, secrecy and  inaccessi-
bility  of  both process and constituent documents; ambiguity and uncer-
tainty and a failure to address  core  social,  economic  and  financial
issues  have  been  the  hallmark of the state's budget process for over
twenty years.  Fundamental reform of governmental institutions and proc-
esses is now required. In reform, the primacy of the executive branch to
construct, propose and to execute provisions of a budget must  be  main-
tained.  Similarly, the power of the legislature to meet its fundamental
and  historic  obligations  to set forth policies and purposes governing
for which a budget is constructed must be maintained.  The power of  the
governor  to  veto  individual  lines of expenditure must be maintained.
The ability of the legislature to override these and other  vetoes  must
be  maintained. The right of the people to a clear, speedy and effective
budget-making process must be enhanced.
  Furthermore, institutional reform of  the  executive  and  legislative
branches  with  respect  to  government  integrity,  swift and effective
legislative  action,  redistricting,  ballot  access,  campaign  finance
reform,  the  end of abuses by the authority system, and a mechanism for
the people to exercise their right of petition and response must also be
realized. Calling a constitutional convention subject to  section  2  of
article  XIX  of  the  constitution  for the sole and limited purpose of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07355-01-9
              

A. 4271                             2

achieving these and other structural reforms of government  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 2. 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 3. If the question stated in section two 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 constitution shall apply
and be implemented.
  S 4. This  act  shall  take  effect  immediately;  provided  that  the
provisions of section three of this act shall not take effect unless and
until  the  question proposed in section two 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 three of this  act  shall
take  effect immediately. The ballots to be furnished for the use of the
voters upon the submission of section two 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?"