S T A T E   O F   N E W   Y O R K
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                                  3670

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced by M. of A. LUPARDO, GALEF, JAFFEE, CAHILL, LIFTON, THIELE --
  Multi-Sponsored  by  -- M. of A. GIGLIO, MAGEE, RAIA, 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.
                                                           LBD07024-01-3
              

A. 3670                             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?"