Bill Text: NY A09108 | 2009-2010 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to election law [A09108 Detail]
Download: New_York-2009-A09108-Introduced.html
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: 1 Section 1. Legislative intent. The legislature hereby finds and 2 declares that the question for a constitutional convention should be put 3 to the voters of this state and that, so as to assure the production of 4 meaningful and desired reform, the convention process, including the 5 selection of delegates, should be reformed. 6 The legislature further finds and declares, in furtherance of estab- 7 lishing a meaningful convention process, that: 8 (a) delegates to the convention should be involved and concerned citi- 9 zens and not elected officials, lobbyists, or party chairmen; 10 (b) prior to the convening of the convention, and solely as an aid to 11 delegates, there should be appointed a preparatory commission with 12 adequate time to study the issues, establish a proposed initial agenda 13 and procedures, and prepare position papers, with ongoing information to 14 and participation of the public; 15 (c) insofar as possible, procedures should be established in both the 16 selection of delegates and in the running of the convention that will 17 reduce partisanship; and 18 (d) reasonable time limits should be placed on the length of the 19 convention and its costs, so as to assure that the operations of the 20 convention are not a burden on taxpayers, and that the convention may 21 enjoy maximum citizen participation. 22 The legislature declares that the provisions of this act are in every 23 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 1 further the ability of the people of this state to effectively exercise 2 the power and responsibilities as a sovereign and free people. 3 S 2. Pursuant to the provisions of section 2 of article XIX of the New 4 York state constitution, the question "Shall there be a convention to 5 revise the constitution and amend the same?" shall be submitted to and 6 decided by the people of the state at the general election to be held in 7 the next succeeding November after the effective date of this act, and 8 if such question is answered in the affirmative by a majority of all 9 votes cast for and against it, deciding in favor of a convention for 10 such purpose, the procedures and provisions of section 2 of article XIX 11 of the constitution shall apply and be implemented. 12 S 3. The election law is amended by adding a new article 18 to read as 13 follows: 14 ARTICLE 18 15 REGISTRATION AND REPORTS BY CERTAIN PERSONS PROMOTING OR OPPOSING THE 16 ADOPTION OF PROPOSED CONSTITUTIONAL AMENDMENTS BY A CONSTITUTIONAL 17 CONVENTION 18 SECTION 18-100. REGISTRATION AND REPORTS BY CERTAIN PERSONS PROMOTING OR 19 OPPOSING THE ADOPTION OF PROPOSED CONSTITUTIONAL 20 AMENDMENTS BY A CONSTITUTIONAL CONVENTION. 21 S 18-100. REGISTRATION AND REPORTS BY CERTAIN PERSONS PROMOTING OR 22 OPPOSING THE ADOPTION OF PROPOSED CONSTITUTIONAL AMENDMENTS BY A CONSTI- 23 TUTIONAL CONVENTION. 1. EVERY PERSON RETAINED OR EMPLOYED FOR COMPEN- 24 SATION BY ANY PERSON, FIRM, CORPORATION OR ASSOCIATION WHO, ON BEHALF OF 25 SUCH PRINCIPAL OR EMPLOYER, PROMOTES OR OPPOSES DIRECTLY OR INDIRECTLY 26 THE ADOPTION OF A PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS BY A 27 CONSTITUTIONAL CONVENTION, WHETHER OR NOT HE HAS A PERSONAL INTEREST 28 THEREIN, SHALL, BEFORE ANY SERVICE IS ENTERED UPON IN PROMOTING OR 29 OPPOSING SUCH PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS, FILE IN 30 THE OFFICE OF THE SECRETARY OF STATE A WRITING SUBSCRIBED BY SUCH PERSON 31 STATING THE NAME OR NAMES OF THE PERSON OR PERSONS, FIRM OR FIRMS, 32 CORPORATION OR CORPORATIONS, ASSOCIATION OR ASSOCIATIONS, BY WHOM OR ON 33 WHOSE BEHALF HE IS RETAINED OR EMPLOYED, TOGETHER WITH A BRIEF 34 DESCRIPTION OF THE PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS IN 35 REFERENCE TO WHICH SUCH SERVICE IS TO BE RENDERED. 36 2. IT SHALL BE THE DUTY OF THE SECRETARY OF STATE TO PROVIDE A DOCKET 37 TO BE KNOWN AS THE DOCKET OF CONSTITUTIONAL CONVENTION APPEARANCES, WITH 38 APPROPRIATE BLANKS AND INDICES, AND TO FORTHWITH ENTER THEREIN THE NAMES 39 OF THE PERSONS SO RETAINED OR EMPLOYED AND OF THE PERSONS, FIRMS, CORPO- 40 RATIONS OR ASSOCIATIONS RETAINING OR EMPLOYING THEM, TOGETHER WITH A 41 BRIEF DESCRIPTION OF THE PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS 42 IN REFERENCE TO WHICH THE SERVICE IS TO BE RENDERED, WHICH DOCKET SHALL 43 BE OPEN TO PUBLIC INSPECTION. 44 3. UPON THE TERMINATION OF SUCH RETAINER OR EMPLOYMENT THE FACT OF 45 SUCH TERMINATION, WITH THE DATE THEREOF, SHALL BE ENTERED IN THE DOCKET 46 BY THE SECRETARY OF STATE UPON RECEIVING WRITTEN NOTICE TO THAT EFFECT 47 FROM SUCH PERSON OR FROM THE PERSON, FIRM, CORPORATION OR ASSOCIATION IN 48 WHOSE BEHALF SUCH SERVICE HAS BEEN RENDERED. 49 4. NO PERSON, FIRM, CORPORATION OR ASSOCIATION SHALL RETAIN OR EMPLOY 50 ANY PERSON TO PROMOTE OR OPPOSE ANY PROPOSED CONSTITUTIONAL AMENDMENT OR 51 AMENDMENTS FOR COMPENSATION CONTINGENT IN WHOLE OR IN PART UPON THE 52 ADOPTION OR DEFEAT OF ANY SUCH AMENDMENT OR AMENDMENTS BY THE CONSTITU- 53 TIONAL CONVENTION, AND NO PERSON SHALL ACCEPT ANY SUCH EMPLOYMENT OR 54 RENDER ANY SUCH SERVICE FOR COMPENSATION CONTINGENT UPON SUCH ADOPTION 55 OR DEFEAT. A. 9108 3 1 5. NO PERSON SHALL FOR COMPENSATION ENGAGE IN PROMOTING OR OPPOSING 2 ANY PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS BY SUCH CONSTITU- 3 TIONAL CONVENTION EXCEPT UPON APPEARANCE ENTERED IN ACCORDANCE WITH THE 4 FOREGOING PROVISIONS OF THIS SECTION. 5 6. IT SHALL BE THE DUTY OF EVERY PERSON, FIRM, CORPORATION, PUBLIC OR 6 PRIVATE, OR ASSOCIATION, (WHETHER OR NOT REQUIRED TO FILE PURSUANT TO 7 THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION), NOT LATER THAN APRIL 8 FIFTEENTH, IN ANY YEAR IN WHICH A CONSTITUTIONAL CONVENTION IS CONVENED 9 AND IN WHICH A PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS BY A 10 CONSTITUTIONAL CONVENTION IS PUT TO THE VOTERS, TO FILE IN THE OFFICE OF 11 THE SECRETARY OF STATE AN ITEMIZED STATEMENT VERIFIED BY THE OATH OF 12 SUCH PERSON, OR IN CASE OF A FIRM BY THE OATH OF A MEMBER THEREOF, OR IN 13 CASE OF A DOMESTIC CORPORATION OR ASSOCIATION BY THE OATH OF AN OFFICER 14 THEREOF, OR IN CASE OF A FOREIGN CORPORATION OR ASSOCIATION BY THE OATH 15 OF AN OFFICER OR AGENT THEREOF, SHOWING IN DETAIL ALL EXPENSES PAID, 16 INCURRED OR PROMISED DIRECTLY OR INDIRECTLY IN EACH YEAR THROUGH THE 17 CONCLUSION OF THE YEAR IN WHICH ANY PROPOSED CONSTITUTIONAL AMENDMENT OR 18 AMENDMENTS BY A CONSTITUTIONAL CONVENTION HAVE BEEN PUT TO THE VOTERS, 19 IN CONNECTION WITH PROMOTING OR OPPOSING ANY CONSTITUTIONAL AMENDMENT OR 20 AMENDMENTS WHICH MAY BE PROPOSED AT SUCH CONSTITUTIONAL CONVENTION, WITH 21 THE NAMES OF THE PAYEES AND THE AMOUNT PAID TO EACH, INCLUDING ALL 22 DISBURSEMENTS PAID, INCURRED OR PROMISED TO PERSONS EMPLOYED OR RETAINED 23 UP TO SUCH DATE, AND ALSO SPECIFYING THE NATURE OF SUCH CONSTITUTIONAL 24 AMENDMENT OR AMENDMENTS, AND THE INTEREST THEREIN OF SUCH PERSON, FIRM, 25 CORPORATION OR ASSOCIATION; PROVIDED, HOWEVER, NO SUCH ITEMIZED STATE- 26 MENT NEED BE FILED IF THE TOTAL OF SUCH ITEMIZED EXPENSES IS LESS THAN 27 TWO HUNDRED FIFTY DOLLARS. 28 7. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE STATE NOR 29 SHALL SUBDIVISIONS ONE, FIVE AND NINE OF THIS SECTION APPLY TO A COUNTY, 30 CITY, TOWN, VILLAGE, PUBLIC BOARD OR INSTITUTION, OR THEIR AGENTS OR 31 EMPLOYEES; NOR SHALL THE PROVISIONS OF THIS SECTION BE CONSTRUED AS 32 AFFECTING PROFESSIONAL SERVICES IN DRAFTING A PROPOSED CONSTITUTIONAL 33 AMENDMENT OR AMENDMENTS OR IN ADVISING CLIENTS OR IN RENDERING OPINIONS 34 AS TO THE CONSTRUCTION AND EFFECT OF ANY CONSTITUTIONAL AMENDMENT OR 35 AMENDMENTS WHICH MAY BE PROPOSED AT SUCH CONVENTION WHERE SUCH PROFES- 36 SIONAL SERVICE IS NOT OTHERWISE CONNECTED WITH CONSTITUTIONAL CONVENTION 37 ACTION. 38 8. ON OR BEFORE APRIL TWENTY-FOURTH IN ANY YEAR IN WHICH A CONSTITU- 39 TIONAL CONVENTION IS CONVENED, THE SECRETARY OF STATE SHALL FURNISH TO 40 EACH DELEGATE TO SUCH CONVENTION A SUMMARY OF THE INFORMATION CONTAINED 41 IN THE DOCKET OF CONSTITUTIONAL CONVENTION APPEARANCES, AND ON OR BEFORE 42 SUCH DATE SHALL ALSO TRANSMIT TO THE PRESIDENT OF SUCH CONSTITUTIONAL 43 CONVENTION A COPY OF EVERY STATEMENT FILED IN HIS OFFICE UP TO AND 44 INCLUDING SUCH DATE PURSUANT TO SUBDIVISION SIX OF THIS SECTION. 45 9. EVERY PERSON, EVERY MEMBER OF ANY FIRM, AND EVERY ASSOCIATION OR 46 CORPORATION VIOLATING ANY PROVISION OF THIS SECTION AND EVERY PERSON 47 CAUSING OR PARTICIPATING IN A VIOLATION THEREOF SHALL BE GUILTY OF A 48 MISDEMEANOR AND, IN CASE OF AN INDIVIDUAL, SHALL BE PUNISHABLE BY IMPRI- 49 SONMENT IN A PENITENTIARY OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR OR 50 BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR BY BOTH, AND, IN CASE 51 OF AN ASSOCIATION OR CORPORATION, BY A FINE OF NOT MORE THAN ONE THOU- 52 SAND DOLLARS. IN ADDITION TO THE PENALTIES HEREINBEFORE IMPOSED ANY 53 CORPORATION OR ASSOCIATION FAILING TO FILE THE STATEMENT OF EXPENSES 54 PRESCRIBED BY THIS SECTION SHALL FORFEIT TO THE PEOPLE OF THE STATE OF 55 NEW YORK THE SUM OF ONE HUNDRED DOLLARS PER DAY FOR EACH DAY FOLLOWING 56 THE EXPIRATION OF THIRTY DAYS AFTER THE TIME FIXED BY SUBDIVISION SIX OF A. 9108 4 1 THIS SECTION FOR FILING SUCH STATEMENT, TO BE RECOVERED IN AN ACTION TO 2 BE BROUGHT BY THE ATTORNEY GENERAL. 3 S 4. The election law is amended by adding a new section 14-117 to 4 read as follows: 5 S 14-117. CONTRIBUTION LIMITATIONS; CONSTITUTIONAL CONVENTION DELEG- 6 ATES. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTAND- 7 ING, NO PERSON, FIRM, PARTNERSHIP, CORPORATION, ORGANIZATION, COMMITTEE, 8 OR ANY OTHER ENTITY SHALL MAKE A CONTRIBUTION TO ANY CANDIDATE FOR 9 ELECTION AS DELEGATE TO A CONSTITUTIONAL CONVENTION, AND NO CANDIDATE OR 10 POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION ON BEHALF OF SUCH CANDI- 11 DATE FROM A CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN 12 ONE HUNDRED DOLLARS IN ANY CALENDAR YEAR. 13 S 5. The public officers law is amended by adding a new section 73-c 14 to read as follows: 15 S 73-C. RESTRICTIONS ON SERVICE AS A DELEGATE TO A CONSTITUTIONAL 16 CONVENTION. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY 17 NOTWITHSTANDING, ANY PERSON REQUIRED TO FILE AN ANNUAL STATEMENT OF 18 FINANCIAL DISCLOSURE PURSUANT TO SECTION SEVENTY-THREE-A OF THIS ARTI- 19 CLE, AND NO PERSON REGISTERED AS A LOBBYIST TO THE LEGISLATURE OF THE 20 STATE OF NEW YORK SHALL BE ELIGIBLE TO RUN FOR OR TO BE ELECTED AS A 21 DELEGATE TO A CONSTITUTIONAL CONVENTION. 22 S 6. Prior to the convening of the constitutional convention, and 23 solely as an aid to delegates, there should be appointed a constitu- 24 tional convention preparatory commission whose purpose shall be to study 25 the issues, establish a proposed initial agenda and procedures, and 26 prepare position papers, with ongoing information to and participation 27 of the public. Members of the commission shall be appointed as follows: 28 two each by the Governor, the majority leader of the senate and the 29 speaker of the assembly, and one each by the minority leader of the 30 senate and the minority leader of the assembly. The members shall elect 31 a chair. 32 S 7. Severability. If any provision of this act, or the application 33 thereof to any person or circumstance, shall be adjudged by any court of 34 competent jurisdiction to be invalid or unconstitutional, such judgment 35 shall not affect, impair or invalidate the remainder thereof, but shall 36 be confined in its operation to the provision of this act, or in its 37 application to the person or circumstance, directly involved in the 38 controversy in which such judgment shall have been rendered. 39 S 8. This act shall take effect immediately; provided if the question 40 proposed in section two of this act shall have been put to the voters 41 and not have received a majority of all votes cast for and against it at 42 such election, such section and section six of this act shall be deemed 43 repealed and be of no further force and effect.