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History
- Referred to election law
- Referred to election law
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to proposed constitutional amendments and directs that the voters of the state consider a constitutional convention
In Senate Committee · Elections · Sponsor Martin J. Golden
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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.
Read the full memo (790 words)
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.