NY State Assembly Bill 2009-A9108

Assembly Bill A9108

2009-2010 Legislative Session

Relates to proposed constitutional amendments and directs that the voters of the state consider a constitutional convention

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Archive: Last Bill Status - In Assembly 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to election law
Aug 17, 2009	referred to election law

2009-A9108 (ACTIVE) - Details

See Senate Version of this Bill:: S6065
Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Add Art 18 §18-100, §14-117, El L; add §73-c, Pub Off L

2009-A9108 (ACTIVE) - Summary

Relates to proposed constitutional amendments and directs that the voters of the state consider a constitutional convention; enacts reform provisions relating to the election of delegates to the convention and registration of persons supporting or opposing proposed amendments.

2009-A9108 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9108

TITLE OF BILL:  An act to amend the election law and the public officers
law,  in  relation to proposed constitutional amendments and in relation
to directing that the voters of  the  state  consider  a  constitutional
convention

PURPOSE  OR  GENERAL  IDEA  OF  BILL: Relates to proposed constitutional
amendments and directs that the voters of the state consider a constitu-
tional convention.

SUMMARY OF SPECIFIC PROVISIONS:  Section 1. Legislative  Intent.  Speci-
fies  grounds  for  putting  the  question to the voters and established
proposed parameters to assure the production of meaningful  and  desired
reform at the convention, including that:

a) delegates to the convention should be involved and concerned citizens
and not elected officials, lobbyists, or party chairmen,

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  conven-
tion  and  its costs, so as to assure that the operations of the conven-
tion are not a burden on taxpayers, and that the  convention  may  enjoy
maximum citizen participation.

§  2.  Requires  the  question  to  be put to the voters pursuant to the
provisions of section 2 of article XIX of the New York  state  constitu-
tion,  "Shall there be a convention to revise the constitution and amend
the same?" at the general election to be held  in  the  next  succeeding
November after the effective date of this act. Also provides that if the
question  passes,  the procedures and provisions of section 2 of article
XIX of the constitution shall apply and be implemented.

§ 3. Adds a new Article  18  to  the  election  law,  "Registration  And
Reports  By  Certain  Persons  Promoting  Or  Opposing  The  Adoption Of
Proposed Constitutional  Amendments  By  A  Constitutional  Convention."
Requires:

*Any  person  or  entity  retained  or employed to promote or oppose the
adoption of a proposed constitutional amendment or amendments must  file
in the office of the secretary of state with the names of the persons by
whom  or  on  whose  behalf  he 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.

*  The  secretary of state to provide a docket to be known as the docket
of constitutional convention appearances, with the names of the persons,
their employers, and a brief description of the proposed  constitutional
amendment  or  amendments  for  which service is to be rendered, open to
public inspection.

*Prohibits receiving money contingent  on  adoption  or  defeat  of  any
proposed constitutional amendment.

*Makes  violation  a  misdemeanor, with the additional punishment of one
year in jail or a fine of not more than one thousand  dollars  or  both,
and,  in  case  of  an association or corporation, by a fine of not more
than one thousand dollars, and a fine of $100 per  day  for  failure  to
file.

§ 4. Adds a new section 14-117 to the election law, contribution limita-
tions  to constitutional convention delegates, to limit contributions to
$100 in a calendar year.

§ 5. Amends the public officers law by adding a  new  section  73-c,  to
prohibit  any  elected  official  or  county  chairman  or  other person
required to file an ethics form, or registered lobbyist to the  legisla-
ture  from running run for or being elected as a delegate to a constitu-
tional convention.

§ 6.  Requires  creation  of  a  constitutional  convention  preparatory
commission  to  study  issues,  establish  a proposed initial agenda and
procedures, and prepare position papers, with ongoing information to and
participation of the public.  Members  of  the  commission  include  two
appointments 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.

§ 7. Severability.

JUSTIFICATION: The proposal advanced in this bill  will  not  solve  all
problems  relating to the government, but will give the citizens of this
state an opportunity to address them.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately; provided if  the
question  proposed in section two of this act shall have been put to the
voters and not have received a  majority  of  all  votes  cast  for  and
against  it  at  such  election,  such  section and section six shall be
deemed repealed and be of no further force and effect.

2009-A9108 (ACTIVE) - Bill Text download pdf

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

                                  9108

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             August 17, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Election Law

AN  ACT  to  amend  the  election  law  and  the public officers law, in
  relation to proposed constitutional  amendments  and  in  relation  to
  directing  that  the  voters  of  the  state consider a constitutional
  convention

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that the question for a constitutional convention should be put
to the voters of this state and that, so as to assure the production  of
meaningful  and  desired  reform,  the convention process, including the
selection of delegates, should be reformed.
  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;
  (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.
  The  legislature declares that the provisions of this act are in every
respect in the public interest and that  enactment  of  this  act  shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14504-01-9

A. 9108                             2

further  the ability of the people of this state to effectively exercise
the power and responsibilities as a sovereign and free 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, and
if such question 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 3. 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  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  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.
  4.  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.

A. 9108                             3

  5. 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.
  6.  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
UP TO SUCH DATE, AND ALSO SPECIFYING THE NATURE OF  SUCH  CONSTITUTIONAL
AMENDMENT  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.
  7. 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.
  8.  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 OFFICE UP TO AND
INCLUDING SUCH DATE PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  9. 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

A. 9108                             4

THIS  SECTION FOR FILING SUCH STATEMENT, TO BE RECOVERED IN AN ACTION TO
BE BROUGHT BY THE ATTORNEY GENERAL.
  S  4.  The  election  law is amended by adding a new section 14-117 to
read as follows:
  S 14-117.  CONTRIBUTION LIMITATIONS; CONSTITUTIONAL CONVENTION  DELEG-
ATES. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTAND-
ING, NO PERSON, FIRM, PARTNERSHIP, CORPORATION, ORGANIZATION, COMMITTEE,
OR  ANY  OTHER  ENTITY  SHALL  MAKE  A CONTRIBUTION TO ANY CANDIDATE FOR
ELECTION AS DELEGATE TO A CONSTITUTIONAL CONVENTION, AND NO CANDIDATE OR
POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION ON BEHALF OF SUCH CANDI-
DATE FROM A CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT  GREATER  THAN
ONE HUNDRED DOLLARS IN ANY CALENDAR YEAR.
  S  5.  The public officers law is amended by adding a new section 73-c
to read as follows:
  S 73-C.  RESTRICTIONS ON SERVICE AS A  DELEGATE  TO  A  CONSTITUTIONAL
CONVENTION.  ANY  OTHER  PROVISION  OF  ANY  OTHER  LAW  TO THE CONTRARY
NOTWITHSTANDING, ANY PERSON REQUIRED TO  FILE  AN  ANNUAL  STATEMENT  OF
FINANCIAL  DISCLOSURE  PURSUANT TO SECTION SEVENTY-THREE-A OF THIS ARTI-
CLE, AND NO PERSON REGISTERED AS A LOBBYIST TO THE  LEGISLATURE  OF  THE
STATE  OF  NEW  YORK  SHALL BE ELIGIBLE TO RUN FOR OR TO BE ELECTED AS A
DELEGATE TO A CONSTITUTIONAL CONVENTION.
  S 6. Prior to the convening  of  the  constitutional  convention,  and
solely  as  an  aid  to delegates, there should be appointed a constitu-
tional convention preparatory commission whose purpose shall be to study
the issues, establish a proposed  initial  agenda  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 7. 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  8. This act shall take effect immediately; provided if the question
proposed in section two of this act shall have been put  to  the  voters
and not have received a majority of all votes cast for and against it at
such  election, such section and section six of this act shall be deemed
repealed and be of no further force and effect.

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