A01262 Summary:

BILL NOA01262
 
SAME ASSAME AS S04379
 
SPONSORKolb (MS)
 
COSPNSRFinch, Miller J, Conte, Amedore, Corwin, Reilich, Burling, Oaks, Sayward, Giglio, Duprey, Lopez P, Hawley, Raia, Castelli, Murray, Smardz, Miller D, Palmesano
 
MLTSPNSRBarclay, Boyle, Butler, Crouch, Goodell, Jordan, Tedisco, Tenney, Walter
 
Amd SS1-104, 14-100 & 14-114, add SS2-128 & 6-125 & Art 18 S18-100, El L; amd S30, Pub Off L
 
Provides for the submission to the people of a proposition or question to convene a constitutional convention.
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A01262 Actions:

BILL NOA01262
 
01/05/2011referred to judiciary
01/04/2012referred to judiciary
05/22/2012held for consideration in judiciary
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A01262 Floor Votes:

There are no votes for this bill in this legislative session.
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A01262 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1262
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  KOLB,  FINCH, SCHROEDER, TOBACCO, J. MILLER,
          CONTE, AMEDORE, CORWIN, REILICH, BURLING, OAKS, SAYWARD, GIGLIO, MOLI-
          NARO, DUPREY, P. LOPEZ, CALHOUN, HAWLEY,  RAIA,  CASTELLI,  MURRAY  --
          Multi-Sponsored by -- M. of A. BARCLAY, BOYLE, BUTLER, CROUCH, JORDAN,

          TEDISCO -- read once and referred to the Committee on Judiciary
 
        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:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "People's Convention to Reform New York Act".
     3    §  2.  Legislative  findings  and  declaration. The legislature hereby
     4  finds that New York state has held nine  constitutional  conventions  in
     5  its  history; the most recent of which was held in 1967, more than forty
     6  years ago. The revised constitution  proposed  by  that  convention  was
     7  overwhelmingly  defeated  at  the  polls. The next most recent constitu-

     8  tional convention was held in 1938  and  the  constitutional  amendments
     9  proposed  by  that  convention were largely supported by the electorate.
    10  Between the 1938 and  1967  conventions,  the  legislature  amended  the
    11  constitution some 93 times. While amendments proposed by the legislature
    12  must  be  ratified  by  the  electorate,  it  is  only at constitutional
    13  conventions that ordinary citizens have the  opportunity  to  reconsider
    14  the  fundamental  structure of state government and to assess its effec-
    15  tiveness in light of the current social, economic and  political  condi-
    16  tions  of the day. In providing for periodic constitutional conventions,
    17  the framers of our current document acknowledged  the  need  to  have  a
    18  dynamic, living and breathing statement of how government should operate
    19  and  what limits or controls it should have on our individual pursuit of

    20  life, liberty and happiness.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05219-01-1

        A. 1262                             2
 
     1    Much has changed in our state, our nation and the world in  the  forty
     2  years  since our last constitutional convention. The information age has
     3  transformed the way the world communicates and  does  business  and  how
     4  governments  interact  with  their  citizens.  The world has effectively
     5  grown  much  smaller,  our  populations are more mobile and we are truly
     6  part of a global economy. To make our state and its communities  attrac-
     7  tive  places  to  live,  work  and  raise families, they must be able to

     8  compete in this new environment. To ensure the long term fiscal stabili-
     9  ty of our state and local governments  and  the  affordability  of  such
    10  governments  for  its  citizens,  provisions  for constitutional caps on
    11  state spending and local real property  taxes  must  be  addressed,  the
    12  requirement  of  a  two-thirds  vote  for  tax  increase legislation and
    13  restrictions on the state's ability to impose unfunded mandates on local
    14  governments must be imposed, real debt reform and  an  absolute  ban  on
    15  back  door  borrowing  must become a reality.   The convention must also
    16  address the proper role of public authorities, particularly  those  that
    17  operate  public  transit systems, to ensure that they are accountable to
    18  the other branches of government and to the people they serve.
    19    The constitutional provisions that have governed the workings  of  the

    20  legislature  and  the  succession  to the governorship do not adequately
    21  protect the interests of the people and our government institutions. The
    22  ambiguity of those constitutional provisions and uncertainty over  their
    23  consistency with other law has contributed to a leadership crisis, poli-
    24  tical  turmoil,  litigation and, most important, an inability to address
    25  issues and processes that fundamentally impact our  state's  ability  to
    26  meet  the  needs of its citizens. The constitution needs to be clear and
    27  unambiguous on these matters. Mechanisms need to be put in place so that
    28  tie votes on leadership issues in the legislature do not paralyze  state
    29  government.    Clear  procedures  on  succession to the governorship are
    30  necessary to ensure the orderly transition of power in times of  crisis.
    31  The  voters  of the state should have a role in the filling of a vacancy

    32  in the  offices  of  attorney  general,  comptroller  or  United  States
    33  senator.  To  ensure  a truly dynamic legislature that is more likely to
    34  change with our ever more rapidly changing economic,  social  and  poli-
    35  tical  environment, we should limit the terms of our legislative leaders
    36  and to ensure that the voices of the  citizens  of  the  state  are  not
    37  drowned  out  by those of special interests, meaningful campaign finance
    38  reform is necessary. Despite statutory changes, our budget process still
    39  lacks meaningful participation by rank  and  file  legislators  and  the
    40  public.   The members of a constitutional convention should make a clear
    41  statement as to whether members of the legislature must actually live in
    42  the districts from which they are elected. We must afford the public  an
    43  opportunity  to  decide whether processes available to citizens of other

    44  states - recall and initiative and referendum are desirable in New York.
    45  To ensure competitive elections  and  truly  representative  government,
    46  non-partisan redistricting of legislative districts must be required.
    47    Fundamental  reform  of governmental institutions and processes is now
    48  required. The last two constitutional conventions were dominated by  the
    49  politically  connected  (two-thirds of the delegates to the 1938 conven-
    50  tion and about 83% of the 1967 delegates were present or former  elected
    51  or  party  officials).  To  ensure  the  success  of this constitutional
    52  convention and future conventions, we must limit  the  participation  of
    53  elected  and  party  officials  so that the conventions can be "People's
    54  Conventions" and so the voices of all New Yorkers,  not  just  those  of
    55  special interests, can be heard.


        A. 1262                             3
 
     1    The  legislature  further finds and declares, in furtherance of estab-
     2  lishing a meaningful convention process, that:
     3    (a) delegates to the convention should be involved and concerned citi-
     4  zens and not elected officials, lobbyists, or party chairmen;
     5    (b)  prior to the convening of the convention, and solely as an aid to
     6  delegates, there should  be  appointed  a  preparatory  commission  with
     7  adequate  time  to study the issues, establish a proposed initial agenda
     8  and procedures, and prepare position papers, with ongoing information to
     9  and participation of the public;
    10    (c) insofar as possible, procedures should be established in both  the
    11  selection  of  delegates  and in the running of the convention that will
    12  reduce partisanship; and
    13    (d) reasonable time limits should be  placed  on  the  length  of  the

    14  convention  and  its  costs,  so as to assure that the operations of the
    15  convention are not a burden on taxpayers, and that  the  convention  may
    16  enjoy maximum citizen participation.
    17    Calling  a  constitutional  convention subject to section 2 of article
    18  XIX of the New York state constitution  for  the  consideration  of  the
    19  issues  outlined  above and all other issues that the delegates may deem
    20  appropriate and in need of address to achieve the enumerated  structural
    21  and procedural reforms of government and its institutions is required.
    22    To that end, and consistent with the statutory reforms of the delegate
    23  selection  process now being considered, we hereby find and declare that
    24  the creation of a state government  able  to  effectively  exercise  the
    25  power  and  responsibilities  given to it by a sovereign and free people
    26  should be convened by a vote by that same people.

    27    § 3. Pursuant to the provisions of section 2 of article XIX of the New
    28  York state constitution, the question "Shall there be  a  convention  to
    29  revise  the  constitution and amend the same?" shall be submitted to and
    30  decided by the people of the state at the general election to be held in
    31  the next succeeding November after the effective date of this act.
    32    § 4. If the question stated in section three of this act  is  answered
    33  in  the  affirmative by a majority of all votes cast for and against it,
    34  deciding in favor of a convention for such purpose, the  procedures  and
    35  provisions  of  section 2 of article XIX of the New York state constitu-
    36  tion shall apply and be implemented.
    37    § 5. Section 1-104 of the election law is  amended  by  adding  a  new
    38  subdivision 38 to read as follows:

    39    38.  The  term  "nonpartisan  election"  means  a  primary, general or
    40  special election in which candidates shall run without party label,  and
    41  political  parties  are prohibited from designating or nominating candi-
    42  dates.
    43    § 6. The election law is amended by adding a new section 2-128 to read
    44  as follows:
    45    § 2-128. Election of party committee officers as  delegates  to  state
    46  constitutional  convention.  Notwithstanding any other provision of law,
    47  in the event that a person serving as chairman, secretary, or  treasurer
    48  of  a  state  or county committee of a political party is elected to and
    49  sworn as a delegate to a state constitutional  convention,  such  person
    50  shall  be  deemed to have resigned from his or her political party posi-

    51  tion and the provisions of this article for the filling of vacancies  in
    52  such position shall apply.
    53    § 7. The election law is amended by adding a new section 6-125 to read
    54  as follows:
    55    §  6-125.  Nonpartisan  elections  of  delegates  to  a constitutional
    56  convention. 1. Notwithstanding any other provision of law,  all  primary

        A. 1262                             4
 
     1  elections  and  general  elections  for  delegates  to  a constitutional
     2  convention pursuant to article XIX of the New  York  state  constitution
     3  shall be conducted as nonpartisan elections.
     4    2.  Designations for nomination at a nonpartisan primary for delegates
     5  to a constitutional convention shall be  made  in  the  same  manner  as

     6  currently  provided  for independent designating petitions. All enrolled
     7  voters shall be qualified to sign nonpartisan designating petitions.
     8    3. Notwithstanding the provisions of section 6-136 of this article  or
     9  any  other provision of law, all petitions for the designation for nomi-
    10  nation of a constitutional convention delegate from  a  senate  district
    11  must  be  signed  by  not less than one thousand enrolled voters of such
    12  senate district and all petitions for the designation for nomination  of
    13  a  statewide, at-large constitutional convention delegate must be signed
    14  by not less than ten thousand enrolled voters of the state, of whom  not
    15  less  than  one  hundred must reside in each of ten of the congressional
    16  districts of the state.

    17    4. The form of the designating petition used to make a designation  in
    18  a  nonpartisan  primary shall be substantially in the form prescribed in
    19  section 6-132 of this article, except that no reference shall be made to
    20  any political party therein.
    21    5. Unless otherwise provided in this  section,  the  sections  of  law
    22  applicable  to  designating  petitions for nonpartisan primary elections
    23  shall be those prescribed by this article.
    24    6. All registered voters, regardless  of  party  affiliation  or  lack
    25  thereof,  shall be permitted to vote in the nonpartisan primary election
    26  for the nomination of candidates for  the  office  of  delegate  to  the
    27  constitutional convention. Suitable provisions must be made so that each

    28  elector  may  vote for up to three of any senate district constitutional
    29  convention delegate candidates and  up  to  fifteen  of  any  statewide,
    30  at-large constitutional convention delegate candidates.
    31    7. Upon the canvass of votes in a nonpartisan primary the nine consti-
    32  tutional  convention delegate candidates receiving the highest number of
    33  votes in each senate district and the thirty  candidates  receiving  the
    34  highest number of votes as statewide, at-large constitutional convention
    35  delegates  shall  be certified as nominated and shall run in the general
    36  election held subsequent to the primary without party identification.
    37    8. No candidate for delegate to a constitutional convention  shall  in

    38  any  way  use  or allow himself or herself to be associated with a party
    39  label in either the primary or general election.
    40    9. Once a person announces his or her intention to be a candidate  for
    41  election  to  the  position of delegate to the constitutional convention
    42  and until such time as that person is no longer a candidate or until his
    43  or her service as a delegate ends, whichever occurs later,  such  candi-
    44  date  for  delegate to a constitutional convention shall not (a) partic-
    45  ipate in any partisan  political  party  activities,  except  that  such
    46  candidate  may  register  to vote as a member of any political party and
    47  may vote in any party primary for candidates for nomination of the party

    48  in which he or she is registered  to  vote;  (b)  campaign  or  publicly
    49  represent  or  advertise himself or herself as a member of any political
    50  party; (c) endorse any candidate or  political  party;  (d)  accept  the
    51  endorsement  of  any  political party; or (e) solicit or accept contrib-
    52  utions from any political party committee, political action committee or
    53  political committee pursuant to subdivision eleven of section 14-114  of
    54  this chapter.
    55    10.  Within  one  hundred  eighty  days  of the effective date of this
    56  section, the state board of elections shall promulgate rules  and  regu-

        A. 1262                             5
 
     1  lations  consistent  with  this  section  to effectuate the purposes and

     2  policies hereof.
     3    §  8.  Section  14-100  of the election law is amended by adding a new
     4  subdivision 12 to read as follows:
     5    12. "political action  committee"  means  any  committee  established,
     6  financed,  maintained  or  controlled by any person, group or entity for
     7  the purpose of supporting candidates for elected political office and/or
     8  other political party or political committees by making contributions to
     9  such candidates and/or their political campaign committees or by  making
    10  contributions  to  other  political party or other political committees,
    11  and does not make direct expenditures on behalf of candidates.
    12    § 9. Section 14-114 of the election law is amended  by  adding  a  new
    13  subdivision 11 to read as follows:

    14    11.  No political party committee, political action committee or poli-
    15  tical committee shall contribute to any  candidate  for  delegate  to  a
    16  constitutional  convention  for  either the primary or general election.
    17  Nor shall any candidate for  delegate  to  a  constitutional  convention
    18  solicit  or  accept  contributions  from  any political party committee,
    19  political action committee or political committee for either the primary
    20  or general election.
    21    § 10. The election law is amended by adding a new article 18  to  read
    22  as follows:
    23                                  ARTICLE 18
    24            REGISTRATION AND REPORTS BY CERTAIN PERSONS PROMOTING
    25             OR OPPOSING THE ADOPTION OF PROPOSED CONSTITUTIONAL

    26                       AMENDMENTS BY A CONSTITUTIONAL
    27                                 CONVENTION
    28    Section 18-100.  Registration and reports by certain persons promoting
    29  or  opposing  the  adoption  of  proposed constitutional amendments by a
    30  constitutional convention.
    31    § 18-100. Registration and reports by  certain  persons  promoting  or
    32  opposing the adoption of proposed constitutional amendments by a consti-
    33  tutional  convention.  1.  Every person retained or employed for compen-
    34  sation by any person, firm, corporation or association who, on behalf of
    35  such principal or employer, promotes or opposes directly  or  indirectly
    36  the  adoption  of a proposed constitutional amendment or amendments by a

    37  constitutional convention, whether or not  he  or  she  has  a  personal
    38  interest therein, shall, before any service is entered upon in promoting
    39  or  opposing  such proposed constitutional amendment or amendments, file
    40  in the office of the secretary of state a  writing  subscribed  by  such
    41  person  stating  the  name  or  names  of the person or persons, firm or
    42  firms, corporation or corporations, association or associations, by whom
    43  or on whose behalf he or she is retained or employed,  together  with  a
    44  brief description of the proposed constitutional amendment or amendments
    45  in reference to which such service is to be rendered.
    46    2.  It shall be the duty of the secretary of state to provide a docket

    47  to be known as the docket of constitutional convention appearances, with
    48  appropriate blanks and indices, and to forthwith enter therein the names
    49  of the persons so retained or employed and of the persons, firms, corpo-
    50  rations or associations retaining or employing  them,  together  with  a
    51  brief description of the proposed constitutional amendment or amendments
    52  in  reference to which the service is to be rendered, which docket shall
    53  be open to public inspection.
    54    3. Upon the termination of such retainer or  employment  the  fact  of
    55  such  termination, with the date thereof, shall be entered in the docket
    56  by the secretary of state upon receiving written notice to  that  effect

        A. 1262                             6
 

     1  from such person or from the person, firm, corporation or association in
     2  whose behalf such service has been rendered.
     3    4.  No  person  retained or employed to promote or oppose, directly or
     4  indirectly, the adoption  of  a  proposed  constitutional  amendment  or
     5  amendments  by a constitutional convention shall be eligible to serve as
     6  a delegate to such constitutional convention.
     7    5. No person, firm, corporation or association shall retain or  employ
     8  any person to promote or oppose any proposed constitutional amendment or
     9  amendments  for  compensation  contingent  in  whole or in part upon the
    10  adoption or defeat of any such amendment or amendments by the  constitu-
    11  tional  convention,  and  no  person shall accept any such employment or

    12  render any such service for compensation contingent upon  such  adoption
    13  or defeat.
    14    6.  No  person  shall for compensation engage in promoting or opposing
    15  any proposed constitutional amendment or amendments  by  such  constitu-
    16  tional  convention except upon appearance entered in accordance with the
    17  foregoing provisions of this section.
    18    7. It shall be the duty of every person, firm, corporation, public  or
    19  private,  or  association,  (whether or not required to file pursuant to
    20  the provisions of subdivision one of this section), not later than April
    21  fifteenth, in any year in which a constitutional convention is  convened
    22  and  in  which  a  proposed  constitutional amendment or amendments by a

    23  constitutional convention is put to the voters, to file in the office of
    24  the secretary of state an itemized statement verified  by  the  oath  of
    25  such person, or in case of a firm by the oath of a member thereof, or in
    26  case  of a domestic corporation or association by the oath of an officer
    27  thereof, or in case of a foreign corporation or association by the  oath
    28  of  an  officer  or  agent thereof, showing in detail all expenses paid,
    29  incurred or promised directly or indirectly in  each  year  through  the
    30  conclusion of the year in which any proposed constitutional amendment or
    31  amendments  by  a constitutional convention have been put to the voters,
    32  in connection with promoting or opposing any constitutional amendment or

    33  amendments which may be proposed at such constitutional convention, with
    34  the names of the payees and the  amount  paid  to  each,  including  all
    35  disbursements   paid,  incurred  or  promised  to  persons  employed  or
    36  retained, and also specifying the nature of such  constitutional  amend-
    37  ment  or  amendments,  and  the  interest  therein of such person, firm,
    38  corporation or association; provided, however, no such  itemized  state-
    39  ment  need  be filed if the total of such itemized expenses is less than
    40  two hundred fifty dollars.
    41    8. The provisions of this section shall not apply  to  the  state  nor
    42  shall subdivisions one, five and nine of this section apply to a county,
    43  city,  town,  village,  public  board or institution, or their agents or

    44  employees; nor shall the provisions of  this  section  be  construed  as
    45  affecting  professional  services  in drafting a proposed constitutional
    46  amendment or amendments or in advising clients or in rendering  opinions
    47  as  to  the  construction  and effect of any constitutional amendment or
    48  amendments which may be proposed at such convention where  such  profes-
    49  sional service is not otherwise connected with constitutional convention
    50  action.
    51    9.  On  or before April twenty-fourth in any year in which a constitu-
    52  tional convention is convened, the secretary of state shall  furnish  to
    53  each  delegate to such convention a summary of the information contained
    54  in the docket of constitutional convention appearances, and on or before

    55  such date shall also transmit to the president  of  such  constitutional

        A. 1262                             7
 
     1  convention  a  copy  of every statement filed in his or her office up to
     2  and including such date pursuant to subdivision six of this section.
     3    10.  Every  person, every member of any firm, and every association or
     4  corporation violating any provision of this  section  and  every  person
     5  causing  or  participating  in  a violation thereof shall be guilty of a
     6  misdemeanor and, in case of an individual, shall be punishable by impri-
     7  sonment in a penitentiary or county jail for not more than one  year  or
     8  by a fine of not more than one thousand dollars or by both, and, in case

     9  of  an  association or corporation, by a fine of not more than one thou-
    10  sand dollars. In addition to  the  penalties  hereinbefore  imposed  any
    11  corporation  or  association  failing  to file the statement of expenses
    12  prescribed by this section shall forfeit to the people of the  state  of
    13  New  York  the sum of one hundred dollars per day for each day following
    14  the expiration of thirty days after the time fixed by subdivision six of
    15  this section for filing such statement, to be recovered in an action  to
    16  be brought by the attorney general.
    17    § 11. Section 30 of the public officers law is amended by adding a new
    18  subdivision 1-a to read as follows:
    19    1-a.  Whenever  any state or local officer, as those terms are defined

    20  in section two of this chapter, is elected and sworn as a delegate to  a
    21  state  constitutional  convention,  such official will be deemed to have
    22  vacated his or her state or local office and the  said  office  will  be
    23  deemed  vacant  for  purposes  of  the  nomination  and appointment of a
    24  successor.
    25    § 12. No later than 180 days prior to the convening of  the  constitu-
    26  tional  convention,  and  solely  as an aid to delegates, there shall be
    27  appointed  a  constitutional  convention  preparatory  commission  whose
    28  purpose shall be to study the issues, establish a proposed initial agen-
    29  da and procedures, and prepare position papers, with ongoing information
    30  to  and  participation of the public. Members of the commission shall be
    31  appointed as follows: two each by the governor, the majority  leader  of

    32  the senate and the speaker of the assembly, and one each by the minority
    33  leader  of  the  senate  and  the  minority  leader of the assembly. The
    34  members shall elect a chair.
    35    § 13. Severability. If any provision of this act, or  the  application
    36  thereof to any person or circumstance, shall be adjudged by any court of
    37  competent  jurisdiction to be invalid or unconstitutional, such judgment
    38  shall not affect, impair or invalidate the remainder thereof, but  shall
    39  be  confined  in  its  operation to the provision of this act, or in its
    40  application to the person or  circumstance,  directly  involved  in  the
    41  controversy in which such judgment shall have been rendered.
    42    §  14.  This  act  shall  take  effect  immediately; provided that the
    43  provisions of section four of this act shall not take effect unless  and

    44  until the question proposed in section three of this act shall have been
    45  submitted  to  the people at the general election to be held in the next
    46  succeeding November after the effective date of this act, and shall have
    47  received a majority of all  votes  cast  for  and  against  it  at  such
    48  election.    Upon approval by the people, section four of this act shall
    49  take effect immediately. The ballots to be furnished for the use of  the
    50  voters  upon the submission of section three of this act shall be in the
    51  form prescribed by the election law, and the proposition or question  to
    52  be  submitted  shall be printed in the following form: "Shall there be a
    53  convention to revise the constitution and amend the same?"
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