NY State Senate Bill 2009-S6065

Senate Bill S6065

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to elections
Jun 26, 2009	referred to rules

2009-S6065 (ACTIVE) - Details

See Assembly Version of this Bill:: A9108
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add Art 18 §18-100, §14-117, El L; add §73-c, Pub Off L

2009-S6065 (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-S6065 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6065

 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 :
To allow for the question to be put to the voters regarding a
constitutional convention, and to provide various additional
provisions regarding delegates, preparation, and other matters.

 SUMMARY OF PROVISIONS :
Section 1. Legislative Intent.  Specifies 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
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.

§ 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
constitution, "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
limitations 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
legislature from running run for or being elected as a delegate to a
constitutional 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 STATE AND LOCAL GOVERNMENTS :
Unknown at this time.

 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 he deemed
repealed and he of no further force and effect.

2009-S6065 (ACTIVE) - Bill Text download pdf

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

                                  6065

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 26, 2009
                               ___________

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

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

S. 6065                             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.

S. 6065                             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

S. 6065                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.