S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2813
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of  A. KOLB, HAWLEY, OAKS, DiPIETRO, STEC, GIGLIO --
   Multi-Sponsored by -- M. of A. CROUCH -- 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  the  delegate  selection  process  for  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 Reform Act".
   § 2. Legislative findings  and  declaration.  The  legislature  hereby
 finds  that it is only at constitutional conventions that ordinary citi-
 zens have the opportunity to reconsider  the  fundamental  structure  of
 state government and to assess its effectiveness in light of the current
 social,  economic  and political conditions 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.
   Unfortunately the last two constitutional conventions  were  dominated
 by  the  politically  connected (two-thirds of the delegates to the 1938
 convention and about 83% of the 1967 delegates were  present  or  former
 elected   or   party   officials).  To  ensure  the  success  of  future
 conventions, we must limit the participation of elected and party  offi-
 cials  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.
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03231-01-7

 A. 2813                             2
 
   (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.
   To ensure that future constitutional conventions  are  truly  People's
 Conventions,  we  hereby  find and declare that the statutory reforms of
 the delegate selection process contained in this act must be enacted.
   § 3. 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.
   § 4. The election law is amended by adding a new section 2-128 to read
 as follows:
   § 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.
   § 5. The election law is amended by adding a new section 6-125 to read
 as follows:
   §  6-125.  NONPARTISAN  ELECTIONS  OF  DELEGATES  TO  A CONSTITUTIONAL
 CONVENTION. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  ALL  PRIMARY
 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.

 A. 2813                             3
 
   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-
 LATIONS CONSISTENT WITH THIS SECTION  TO  EFFECTUATE  THE  PURPOSES  AND
 POLICIES HEREOF.
   §  6.  Section  14-100  of the election law is amended by adding a new
 subdivision 17 to read as follows:
   17. "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.
   § 7. 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.

 A. 2813                             4
 
   § 8. 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.
   § 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
 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

 A. 2813                             5
 
 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
 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.
   §  9. 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

 A. 2813                             6
 
 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.
   §  10.  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.
   §  11.  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.
   § 12. This act shall take effect immediately.