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

                                  1262

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "People's Convention to Reform New York Act".
  S  2.  Legislative  findings  and  declaration. The legislature hereby
finds that New York state has held nine  constitutional  conventions  in
its  history; the most recent of which was held in 1967, more than forty
years ago. The revised constitution  proposed  by  that  convention  was
overwhelmingly  defeated  at  the  polls. The next most recent constitu-
tional convention was held in 1938  and  the  constitutional  amendments
proposed  by  that  convention were largely supported by the electorate.
Between the 1938 and  1967  conventions,  the  legislature  amended  the
constitution some 93 times. While amendments proposed by the legislature
must  be  ratified  by  the  electorate,  it  is  only at constitutional
conventions that ordinary citizens have the  opportunity  to  reconsider
the  fundamental  structure of state government and to assess its effec-
tiveness in light of the current social, economic and  political  condi-
tions  of the day. In providing for periodic constitutional conventions,
the framers of our current document acknowledged  the  need  to  have  a
dynamic, living and breathing statement of how government should operate
and  what limits or controls it should have on our individual pursuit of
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

  Much has changed in our state, our nation and the world in  the  forty
years  since our last constitutional convention. The information age has
transformed the way the world communicates and  does  business  and  how
governments  interact  with  their  citizens.  The world has effectively
grown  much  smaller,  our  populations are more mobile and we are truly
part of a global economy. To make our state and its communities  attrac-
tive  places  to  live,  work  and  raise families, they must be able to
compete in this new environment. To ensure the long term fiscal stabili-
ty of our state and local governments  and  the  affordability  of  such
governments  for  its  citizens,  provisions  for constitutional caps on
state spending and local real property  taxes  must  be  addressed,  the
requirement  of  a  two-thirds  vote  for  tax  increase legislation and
restrictions on the state's ability to impose unfunded mandates on local
governments must be imposed, real debt reform and  an  absolute  ban  on
back  door  borrowing  must become a reality.   The convention must also
address the proper role of public authorities, particularly  those  that
operate  public  transit systems, to ensure that they are accountable to
the other branches of government and to the people they serve.
  The constitutional provisions that have governed the workings  of  the
legislature  and  the  succession  to the governorship do not adequately
protect the interests of the people and our government institutions. The
ambiguity of those constitutional provisions and uncertainty over  their
consistency with other law has contributed to a leadership crisis, poli-
tical  turmoil,  litigation and, most important, an inability to address
issues and processes that fundamentally impact our  state's  ability  to
meet  the  needs of its citizens. The constitution needs to be clear and
unambiguous on these matters. Mechanisms need to be put in place so that
tie votes on leadership issues in the legislature do not paralyze  state
government.    Clear  procedures  on  succession to the governorship are
necessary to ensure the orderly transition of power in times of  crisis.
The  voters  of the state should have a role in the filling of a vacancy
in the  offices  of  attorney  general,  comptroller  or  United  States
senator.  To  ensure  a truly dynamic legislature that is more likely to
change with our ever more rapidly changing economic,  social  and  poli-
tical  environment, we should limit the terms of our legislative leaders
and to ensure that the voices of the  citizens  of  the  state  are  not
drowned  out  by those of special interests, meaningful campaign finance
reform is necessary. Despite statutory changes, our budget process still
lacks meaningful participation by rank  and  file  legislators  and  the
public.   The members of a constitutional convention should make a clear
statement as to whether members of the legislature must actually live in
the districts from which they are elected. We must afford the public  an
opportunity  to  decide whether processes available to citizens of other
states - recall and initiative and referendum are desirable in New York.
To ensure competitive elections  and  truly  representative  government,
non-partisan redistricting of legislative districts must be required.
  Fundamental  reform  of governmental institutions and processes is now
required. The last two constitutional conventions were dominated by  the
politically  connected  (two-thirds of the delegates to the 1938 conven-
tion and about 83% of the 1967 delegates were present or former  elected
or  party  officials).  To  ensure  the  success  of this constitutional
convention and future conventions, we must limit  the  participation  of
elected  and  party  officials  so that the conventions can be "People's
Conventions" and so the voices of all New Yorkers,  not  just  those  of
special interests, can be heard.

A. 1262                             3

  The  legislature  further finds and declares, in furtherance of estab-
lishing a meaningful convention process, that:
  (a) delegates to the convention should be involved and concerned citi-
zens 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
convention  and  its  costs,  so as to assure that the operations of the
convention are not a burden on taxpayers, and that  the  convention  may
enjoy maximum citizen participation.
  Calling  a  constitutional  convention subject to section 2 of article
XIX of the New York state constitution  for  the  consideration  of  the
issues  outlined  above and all other issues that the delegates may deem
appropriate and in need of address to achieve the enumerated  structural
and procedural reforms of government and its 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 3. 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 4. If the question stated in section three 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 New York state constitu-
tion shall apply and be implemented.
  S 5. Section 1-104 of the election law is  amended  by  adding  a  new
subdivision 38 to read as follows:
  38.  THE  TERM  "NONPARTISAN  ELECTION"  MEANS  A  PRIMARY, GENERAL OR
SPECIAL ELECTION IN WHICH CANDIDATES SHALL RUN WITHOUT PARTY LABEL,  AND
POLITICAL  PARTIES  ARE PROHIBITED FROM DESIGNATING OR NOMINATING CANDI-
DATES.
  S 6. The election law is amended by adding a new section 2-128 to read
as follows:
  S 2-128. ELECTION OF PARTY COMMITTEE OFFICERS AS  DELEGATES  TO  STATE
CONSTITUTIONAL  CONVENTION.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
IN THE EVENT THAT A PERSON SERVING AS CHAIRMAN, SECRETARY, OR  TREASURER
OF  A  STATE  OR COUNTY COMMITTEE OF A POLITICAL PARTY IS ELECTED TO AND
SWORN AS A DELEGATE TO A STATE CONSTITUTIONAL  CONVENTION,  SUCH  PERSON
SHALL  BE  DEEMED TO HAVE RESIGNED FROM HIS OR HER POLITICAL PARTY POSI-
TION AND THE PROVISIONS OF THIS ARTICLE FOR THE FILLING OF VACANCIES  IN
SUCH POSITION SHALL APPLY.
  S 7. The election law is amended by adding a new section 6-125 to read
as follows:
  S  6-125.  NONPARTISAN  ELECTIONS  OF  DELEGATES  TO  A CONSTITUTIONAL
CONVENTION. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  ALL  PRIMARY

A. 1262                             4

ELECTIONS  AND  GENERAL  ELECTIONS  FOR  DELEGATES  TO  A CONSTITUTIONAL
CONVENTION PURSUANT TO ARTICLE XIX OF THE NEW  YORK  STATE  CONSTITUTION
SHALL BE CONDUCTED AS NONPARTISAN ELECTIONS.
  2.  DESIGNATIONS FOR NOMINATION AT A NONPARTISAN PRIMARY FOR DELEGATES
TO A CONSTITUTIONAL CONVENTION SHALL BE  MADE  IN  THE  SAME  MANNER  AS
CURRENTLY  PROVIDED  FOR INDEPENDENT DESIGNATING PETITIONS. ALL ENROLLED
VOTERS SHALL BE QUALIFIED TO SIGN NONPARTISAN DESIGNATING PETITIONS.
  3. NOTWITHSTANDING THE PROVISIONS OF SECTION 6-136 OF THIS ARTICLE  OR
ANY  OTHER PROVISION OF LAW, ALL PETITIONS FOR THE DESIGNATION FOR NOMI-
NATION OF A CONSTITUTIONAL CONVENTION DELEGATE FROM  A  SENATE  DISTRICT
MUST  BE  SIGNED  BY  NOT LESS THAN ONE THOUSAND ENROLLED VOTERS OF SUCH
SENATE DISTRICT AND ALL PETITIONS FOR THE DESIGNATION FOR NOMINATION  OF
A  STATEWIDE, AT-LARGE CONSTITUTIONAL CONVENTION DELEGATE MUST BE SIGNED
BY NOT LESS THAN TEN THOUSAND ENROLLED VOTERS OF THE STATE, OF WHOM  NOT
LESS  THAN  ONE  HUNDRED MUST RESIDE IN EACH OF TEN OF THE CONGRESSIONAL
DISTRICTS OF THE STATE.
  4. THE FORM OF THE DESIGNATING PETITION USED TO MAKE A DESIGNATION  IN
A  NONPARTISAN  PRIMARY SHALL BE SUBSTANTIALLY IN THE FORM PRESCRIBED IN
SECTION 6-132 OF THIS ARTICLE, EXCEPT THAT NO REFERENCE SHALL BE MADE TO
ANY POLITICAL PARTY THEREIN.
  5. UNLESS OTHERWISE PROVIDED IN THIS  SECTION,  THE  SECTIONS  OF  LAW
APPLICABLE  TO  DESIGNATING  PETITIONS FOR NONPARTISAN PRIMARY ELECTIONS
SHALL BE THOSE PRESCRIBED BY THIS ARTICLE.
  6. ALL REGISTERED VOTERS, REGARDLESS  OF  PARTY  AFFILIATION  OR  LACK
THEREOF,  SHALL BE PERMITTED TO VOTE IN THE NONPARTISAN PRIMARY ELECTION
FOR THE NOMINATION OF CANDIDATES FOR  THE  OFFICE  OF  DELEGATE  TO  THE
CONSTITUTIONAL CONVENTION. SUITABLE PROVISIONS MUST BE MADE SO THAT EACH
ELECTOR  MAY  VOTE FOR UP TO THREE OF ANY SENATE DISTRICT CONSTITUTIONAL
CONVENTION DELEGATE CANDIDATES AND  UP  TO  FIFTEEN  OF  ANY  STATEWIDE,
AT-LARGE CONSTITUTIONAL CONVENTION DELEGATE CANDIDATES.
  7. UPON THE CANVASS OF VOTES IN A NONPARTISAN PRIMARY THE NINE CONSTI-
TUTIONAL  CONVENTION DELEGATE CANDIDATES RECEIVING THE HIGHEST NUMBER OF
VOTES IN EACH SENATE DISTRICT AND THE THIRTY  CANDIDATES  RECEIVING  THE
HIGHEST NUMBER OF VOTES AS STATEWIDE, AT-LARGE CONSTITUTIONAL CONVENTION
DELEGATES  SHALL  BE CERTIFIED AS NOMINATED AND SHALL RUN IN THE GENERAL
ELECTION HELD SUBSEQUENT TO THE PRIMARY WITHOUT PARTY IDENTIFICATION.
  8. NO CANDIDATE FOR DELEGATE TO A CONSTITUTIONAL CONVENTION  SHALL  IN
ANY  WAY  USE  OR ALLOW HIMSELF OR HERSELF TO BE ASSOCIATED WITH A PARTY
LABEL IN EITHER THE PRIMARY OR GENERAL ELECTION.
  9. ONCE A PERSON ANNOUNCES HIS OR HER INTENTION TO BE A CANDIDATE  FOR
ELECTION  TO  THE  POSITION OF DELEGATE TO THE CONSTITUTIONAL CONVENTION
AND UNTIL SUCH TIME AS THAT PERSON IS NO LONGER A CANDIDATE OR UNTIL HIS
OR HER SERVICE AS A DELEGATE ENDS, WHICHEVER OCCURS LATER,  SUCH  CANDI-
DATE  FOR  DELEGATE TO A CONSTITUTIONAL CONVENTION SHALL NOT (A) PARTIC-
IPATE IN ANY PARTISAN  POLITICAL  PARTY  ACTIVITIES,  EXCEPT  THAT  SUCH
CANDIDATE  MAY  REGISTER  TO VOTE AS A MEMBER OF ANY POLITICAL PARTY AND
MAY VOTE IN ANY PARTY PRIMARY FOR CANDIDATES FOR NOMINATION OF THE PARTY
IN WHICH HE OR SHE IS REGISTERED  TO  VOTE;  (B)  CAMPAIGN  OR  PUBLICLY
REPRESENT  OR  ADVERTISE HIMSELF OR HERSELF AS A MEMBER OF ANY POLITICAL
PARTY; (C) ENDORSE ANY CANDIDATE OR  POLITICAL  PARTY;  (D)  ACCEPT  THE
ENDORSEMENT  OF  ANY  POLITICAL PARTY; OR (E) SOLICIT OR ACCEPT CONTRIB-
UTIONS FROM ANY POLITICAL PARTY COMMITTEE, POLITICAL ACTION COMMITTEE OR
POLITICAL COMMITTEE PURSUANT TO SUBDIVISION ELEVEN OF SECTION 14-114  OF
THIS CHAPTER.
  10.  WITHIN  ONE  HUNDRED  EIGHTY  DAYS  OF THE EFFECTIVE DATE OF THIS
SECTION, THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES  AND  REGU-

A. 1262                             5

LATIONS  CONSISTENT  WITH  THIS  SECTION  TO EFFECTUATE THE PURPOSES AND
POLICIES HEREOF.
  S  8.  Section  14-100  of the election law is amended by adding a new
subdivision 12 to read as follows:
  12. "POLITICAL ACTION  COMMITTEE"  MEANS  ANY  COMMITTEE  ESTABLISHED,
FINANCED,  MAINTAINED  OR  CONTROLLED BY ANY PERSON, GROUP OR ENTITY FOR
THE PURPOSE OF SUPPORTING CANDIDATES FOR ELECTED POLITICAL OFFICE AND/OR
OTHER POLITICAL PARTY OR POLITICAL COMMITTEES BY MAKING CONTRIBUTIONS TO
SUCH CANDIDATES AND/OR THEIR POLITICAL CAMPAIGN COMMITTEES OR BY  MAKING
CONTRIBUTIONS  TO  OTHER  POLITICAL PARTY OR OTHER POLITICAL COMMITTEES,
AND DOES NOT MAKE DIRECT EXPENDITURES ON BEHALF OF CANDIDATES.
  S 9. Section 14-114 of the election law is amended  by  adding  a  new
subdivision 11 to read as follows:
  11.  NO POLITICAL PARTY COMMITTEE, POLITICAL ACTION COMMITTEE OR POLI-
TICAL COMMITTEE SHALL CONTRIBUTE TO ANY  CANDIDATE  FOR  DELEGATE  TO  A
CONSTITUTIONAL  CONVENTION  FOR  EITHER THE PRIMARY OR GENERAL ELECTION.
NOR SHALL ANY CANDIDATE FOR  DELEGATE  TO  A  CONSTITUTIONAL  CONVENTION
SOLICIT  OR  ACCEPT  CONTRIBUTIONS  FROM  ANY POLITICAL PARTY COMMITTEE,
POLITICAL ACTION COMMITTEE OR POLITICAL COMMITTEE FOR EITHER THE PRIMARY
OR GENERAL ELECTION.
  S 10. The election law is amended by adding a new article 18  to  read
as follows:
                                ARTICLE 18
          REGISTRATION AND REPORTS BY CERTAIN PERSONS PROMOTING
           OR OPPOSING THE ADOPTION OF PROPOSED CONSTITUTIONAL
                     AMENDMENTS BY A CONSTITUTIONAL
                               CONVENTION
  SECTION 18-100.  REGISTRATION AND REPORTS BY CERTAIN PERSONS PROMOTING
OR  OPPOSING  THE  ADOPTION  OF  PROPOSED CONSTITUTIONAL AMENDMENTS BY A
CONSTITUTIONAL CONVENTION.
  S 18-100. REGISTRATION AND REPORTS BY  CERTAIN  PERSONS  PROMOTING  OR
OPPOSING THE ADOPTION OF PROPOSED CONSTITUTIONAL AMENDMENTS BY A CONSTI-
TUTIONAL  CONVENTION.  1.  EVERY PERSON RETAINED OR EMPLOYED FOR COMPEN-
SATION BY ANY PERSON, FIRM, CORPORATION OR ASSOCIATION WHO, ON BEHALF OF
SUCH PRINCIPAL OR EMPLOYER, PROMOTES OR OPPOSES DIRECTLY  OR  INDIRECTLY
THE  ADOPTION  OF A PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS BY A
CONSTITUTIONAL CONVENTION, WHETHER OR NOT  HE  OR  SHE  HAS  A  PERSONAL
INTEREST THEREIN, SHALL, BEFORE ANY SERVICE IS ENTERED UPON IN PROMOTING
OR  OPPOSING  SUCH PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS, FILE
IN THE OFFICE OF THE SECRETARY OF STATE A  WRITING  SUBSCRIBED  BY  SUCH
PERSON  STATING  THE  NAME  OR  NAMES  OF THE PERSON OR PERSONS, FIRM OR
FIRMS, CORPORATION OR CORPORATIONS, ASSOCIATION OR ASSOCIATIONS, BY WHOM
OR ON WHOSE BEHALF HE OR SHE 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.
  2.  IT SHALL BE THE DUTY OF THE SECRETARY OF STATE TO PROVIDE A DOCKET
TO BE KNOWN AS THE DOCKET OF CONSTITUTIONAL CONVENTION APPEARANCES, WITH
APPROPRIATE BLANKS AND INDICES, AND TO FORTHWITH ENTER THEREIN THE NAMES
OF THE PERSONS SO RETAINED OR EMPLOYED AND OF THE PERSONS, FIRMS, CORPO-
RATIONS OR ASSOCIATIONS RETAINING OR EMPLOYING  THEM,  TOGETHER  WITH  A
BRIEF DESCRIPTION OF THE PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS
IN  REFERENCE TO WHICH THE SERVICE IS TO BE RENDERED, WHICH DOCKET SHALL
BE OPEN TO PUBLIC INSPECTION.
  3. UPON THE TERMINATION OF SUCH RETAINER OR  EMPLOYMENT  THE  FACT  OF
SUCH  TERMINATION, WITH THE DATE THEREOF, SHALL BE ENTERED IN THE DOCKET
BY THE SECRETARY OF STATE UPON RECEIVING WRITTEN NOTICE TO  THAT  EFFECT

A. 1262                             6

FROM SUCH PERSON OR FROM THE PERSON, FIRM, CORPORATION OR ASSOCIATION IN
WHOSE BEHALF SUCH SERVICE HAS BEEN RENDERED.
  4.  NO  PERSON  RETAINED OR EMPLOYED TO PROMOTE OR OPPOSE, DIRECTLY OR
INDIRECTLY, THE ADOPTION  OF  A  PROPOSED  CONSTITUTIONAL  AMENDMENT  OR
AMENDMENTS  BY A CONSTITUTIONAL CONVENTION SHALL BE ELIGIBLE TO SERVE AS
A DELEGATE TO SUCH CONSTITUTIONAL CONVENTION.
  5. NO PERSON, FIRM, CORPORATION OR ASSOCIATION SHALL RETAIN OR  EMPLOY
ANY PERSON TO PROMOTE OR OPPOSE ANY PROPOSED CONSTITUTIONAL AMENDMENT OR
AMENDMENTS  FOR  COMPENSATION  CONTINGENT  IN  WHOLE OR IN PART UPON THE
ADOPTION OR DEFEAT OF ANY SUCH AMENDMENT OR AMENDMENTS BY THE  CONSTITU-
TIONAL  CONVENTION,  AND  NO  PERSON SHALL ACCEPT ANY SUCH EMPLOYMENT OR
RENDER ANY SUCH SERVICE FOR COMPENSATION CONTINGENT UPON  SUCH  ADOPTION
OR DEFEAT.
  6.  NO  PERSON  SHALL FOR COMPENSATION ENGAGE IN PROMOTING OR OPPOSING
ANY PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS  BY  SUCH  CONSTITU-
TIONAL  CONVENTION EXCEPT UPON APPEARANCE ENTERED IN ACCORDANCE WITH THE
FOREGOING PROVISIONS OF THIS SECTION.
  7. IT SHALL BE THE DUTY OF EVERY PERSON, FIRM, CORPORATION, PUBLIC  OR
PRIVATE,  OR  ASSOCIATION,  (WHETHER OR NOT REQUIRED TO FILE PURSUANT TO
THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION), NOT LATER THAN APRIL
FIFTEENTH, IN ANY YEAR IN WHICH A CONSTITUTIONAL CONVENTION IS  CONVENED
AND  IN  WHICH  A  PROPOSED  CONSTITUTIONAL AMENDMENT OR AMENDMENTS BY A
CONSTITUTIONAL CONVENTION IS PUT TO THE VOTERS, TO FILE IN THE OFFICE OF
THE SECRETARY OF STATE AN ITEMIZED STATEMENT VERIFIED  BY  THE  OATH  OF
SUCH PERSON, OR IN CASE OF A FIRM BY THE OATH OF A MEMBER THEREOF, OR IN
CASE  OF A DOMESTIC CORPORATION OR ASSOCIATION BY THE OATH OF AN OFFICER
THEREOF, OR IN CASE OF A FOREIGN CORPORATION OR ASSOCIATION BY THE  OATH
OF  AN  OFFICER  OR  AGENT THEREOF, SHOWING IN DETAIL ALL EXPENSES PAID,
INCURRED OR PROMISED DIRECTLY OR INDIRECTLY IN  EACH  YEAR  THROUGH  THE
CONCLUSION OF THE YEAR IN WHICH ANY PROPOSED CONSTITUTIONAL AMENDMENT OR
AMENDMENTS  BY  A CONSTITUTIONAL CONVENTION HAVE BEEN PUT TO THE VOTERS,
IN CONNECTION WITH PROMOTING OR OPPOSING ANY CONSTITUTIONAL AMENDMENT OR
AMENDMENTS WHICH MAY BE PROPOSED AT SUCH CONSTITUTIONAL CONVENTION, WITH
THE NAMES OF THE PAYEES AND THE  AMOUNT  PAID  TO  EACH,  INCLUDING  ALL
DISBURSEMENTS   PAID,  INCURRED  OR  PROMISED  TO  PERSONS  EMPLOYED  OR
RETAINED, AND ALSO SPECIFYING THE NATURE OF SUCH  CONSTITUTIONAL  AMEND-
MENT  OR  AMENDMENTS,  AND  THE  INTEREST  THEREIN OF SUCH PERSON, FIRM,
CORPORATION OR ASSOCIATION; PROVIDED, HOWEVER, NO SUCH  ITEMIZED  STATE-
MENT  NEED  BE FILED IF THE TOTAL OF SUCH ITEMIZED EXPENSES IS LESS THAN
TWO HUNDRED FIFTY DOLLARS.
  8. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  THE  STATE  NOR
SHALL SUBDIVISIONS ONE, FIVE AND NINE OF THIS SECTION APPLY TO A COUNTY,
CITY,  TOWN,  VILLAGE,  PUBLIC  BOARD OR INSTITUTION, OR THEIR AGENTS OR
EMPLOYEES; NOR SHALL THE PROVISIONS OF  THIS  SECTION  BE  CONSTRUED  AS
AFFECTING  PROFESSIONAL  SERVICES  IN DRAFTING A PROPOSED CONSTITUTIONAL
AMENDMENT OR AMENDMENTS OR IN ADVISING CLIENTS OR IN RENDERING  OPINIONS
AS  TO  THE  CONSTRUCTION  AND EFFECT OF ANY CONSTITUTIONAL AMENDMENT OR
AMENDMENTS WHICH MAY BE PROPOSED AT SUCH CONVENTION WHERE  SUCH  PROFES-
SIONAL SERVICE IS NOT OTHERWISE CONNECTED WITH CONSTITUTIONAL CONVENTION
ACTION.
  9.  ON  OR BEFORE APRIL TWENTY-FOURTH IN ANY YEAR IN WHICH A CONSTITU-
TIONAL CONVENTION IS CONVENED, THE SECRETARY OF STATE SHALL  FURNISH  TO
EACH  DELEGATE TO SUCH CONVENTION A SUMMARY OF THE INFORMATION CONTAINED
IN THE DOCKET OF CONSTITUTIONAL CONVENTION APPEARANCES, AND ON OR BEFORE
SUCH DATE SHALL ALSO TRANSMIT TO THE PRESIDENT  OF  SUCH  CONSTITUTIONAL

A. 1262                             7

CONVENTION  A  COPY  OF EVERY STATEMENT FILED IN HIS OR HER OFFICE UP TO
AND INCLUDING SUCH DATE PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  10.  EVERY  PERSON, EVERY MEMBER OF ANY FIRM, AND EVERY ASSOCIATION OR
CORPORATION VIOLATING ANY PROVISION OF THIS  SECTION  AND  EVERY  PERSON
CAUSING  OR  PARTICIPATING  IN  A VIOLATION THEREOF SHALL BE GUILTY OF A
MISDEMEANOR AND, IN CASE OF AN INDIVIDUAL, SHALL BE PUNISHABLE BY IMPRI-
SONMENT IN A PENITENTIARY OR COUNTY JAIL FOR NOT MORE THAN ONE  YEAR  OR
BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR BY BOTH, AND, IN CASE
OF  AN  ASSOCIATION OR CORPORATION, BY A FINE OF NOT MORE THAN ONE THOU-
SAND DOLLARS. IN ADDITION TO  THE  PENALTIES  HEREINBEFORE  IMPOSED  ANY
CORPORATION  OR  ASSOCIATION  FAILING  TO FILE THE STATEMENT OF EXPENSES
PRESCRIBED BY THIS SECTION SHALL FORFEIT TO THE PEOPLE OF THE  STATE  OF
NEW  YORK  THE SUM OF ONE HUNDRED DOLLARS PER DAY FOR EACH DAY FOLLOWING
THE EXPIRATION OF THIRTY DAYS AFTER THE TIME FIXED BY SUBDIVISION SIX OF
THIS SECTION FOR FILING SUCH STATEMENT, TO BE RECOVERED IN AN ACTION  TO
BE BROUGHT BY THE ATTORNEY GENERAL.
  S 11. Section 30 of the public officers law is amended by adding a new
subdivision 1-a to read as follows:
  1-A.  WHENEVER  ANY STATE OR LOCAL OFFICER, AS THOSE TERMS ARE DEFINED
IN SECTION TWO OF THIS CHAPTER, IS ELECTED AND SWORN AS A DELEGATE TO  A
STATE  CONSTITUTIONAL  CONVENTION,  SUCH OFFICIAL WILL BE DEEMED TO HAVE
VACATED HIS OR HER STATE OR LOCAL OFFICE AND THE  SAID  OFFICE  WILL  BE
DEEMED  VACANT  FOR  PURPOSES  OF  THE  NOMINATION  AND APPOINTMENT OF A
SUCCESSOR.
  S 12. No later than 180 days prior to the convening of  the  constitu-
tional  convention,  and  solely  as an aid to delegates, there shall be
appointed  a  constitutional  convention  preparatory  commission  whose
purpose shall be to study the issues, establish a proposed initial agen-
da and procedures, and prepare position papers, with ongoing information
to  and  participation of the public. Members of the commission shall be
appointed as follows: two 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. The
members shall elect a chair.
  S 13. Severability. If any provision of this act, or  the  application
thereof to any person or circumstance, shall be adjudged by any court of
competent  jurisdiction to be invalid or unconstitutional, such judgment
shall not affect, impair or invalidate the remainder thereof, but  shall
be  confined  in  its  operation to the provision of this act, or in its
application to the person or  circumstance,  directly  involved  in  the
controversy in which such judgment shall have been rendered.
  S  14.  This  act  shall  take  effect  immediately; provided that the
provisions of section four of this act shall not take effect unless  and
until the question proposed in section three 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 four of this act shall
take effect immediately. The ballots to be furnished for the use of  the
voters  upon the submission of section three 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?"