Proposes to convene a constitutional convention, provides for qualifications for delegates to a constitutional convention

Summary of provisions

Section one of this bill would provide that pursuant to the provisions of section 2 of article XIX of the New York state constitution, a question would be submitted to and decided by the voters as to whether there should be a convention to revise the constitution and amend the same for the sole and limited purposes of reform. Such convention would be limited to:

* Reform of the state budget process; * Creating real property tax relief; * providing state mandate and regulatory relief; * Limiting state debt and expenditures; * Authorizing statewide initiative and referendum; * Establishing term limits for all state elected officers; * Creating a process of recall for all state elected officer; and * Establishing the rules of succession for all state elected officers.

Section two of this bill would provide that if the voters approve a constitutional convention for such a limited call, that such a convention shall be held in the state capitol in Albany, the following April, with delegates to the same considering and submitting amendments to the state constitution on the foregoing issues of reform.

Section three of this bill would add a new section 73-c is added to the public officers law, to provide that all persons seeking election as a delegate to a state constitutional convention:

* Must file financial disclosure forms; * Must have been a state resident for not less than 5 consecutive years, and of the Senate District for not less than one year; * Must, within 30 days of their election, file with secretary of state, an oath of office, in a form proscribed by the secretary of state, which swears that such delegate will impartially serve the people of the state of New York, in the discharge of the duties of their office, without conflict or undue influence. * May not, within five years of the time of their service as delegate, have: * Held any elected public office; * Been employed as a lobbyist, as defined by section 1-c of the

legislative law; or * Been employed as an officer or executive director of a labor union, employee association, or not for profit corporation.

Section four of this bill would provide for an immediate effective date.

Justification

This bill would provide for the commencement of the process to conduct a constitutional convention on the limited call of reform issues. Such process would start by placing a question on the November ballot to ask the voters of New York whether they wish to have such a convention on such limited reform issues. If the voters approve, then delegates would be elected by the voters the following November (3 per senate district and 15 statewide). Pursuant to this bill such delegates would be required to file financial disclosure and an oath of office declaring their impartiality. This bill would further preclude elected public officers, lobbyists and officers of labor unions, employee associations and not for profit corporations from serving as delegates.

Through the conduct of a constitutional convention, with a limited reform focus, and delegates who are not representing special interests, a process of true and real reform could be accomplished in New York State. The State Constitution could be amended to set forth procedures and requirements to provide for on time state budgets, real property tax reform, state mandate, tax and debt relief, initiative and referendum, and term limits, recall and succession rules for state elected officers.

Legislative history

S.8342/Rules Committee

Fiscal implications

None.

Effective date

Immediate with provisions.