Report of the Task Force on the New York State Constitutional Convention ‘The New York tte Consationrequtres tht every bend years the voters ofthe State dete by public referendum whether fo ‘convene State constitutional comention The next occasion or {his ercally important decision wil be November 4, 1997 In reparation for the referendum, the Asocaton ha enalyzed ‘the substantive provisions ofthe State Constinton and concluded ‘that important ares genuinely need change We have concluded, ower that fora variety of reasons a contuioal conven tion heldunder the present creumstances would be l-eyupped to consider and adopt the sractural changes tht most concern 1, and might ulmetely do more harm than good. deconding, We recommend a "0" votes the upcoming constntonal oy onion referendum and arge the eration of iteditplinary panels 10 develop specific proposals for constitutional reform Jor consideration bythe Lapsatre oro ature constitional Report of the Task Force on the New York State Constitutional Convent ‘TABLE OF CONTENTS: SUMMARY AND RECOMMENDATIONS (Chapter 1: DELEGATE SELECTION ‘The Legislanare’ fale to enact needed refers improv far= es nthe procesey which convention delegates woul belted ‘Yaconnton scaled weighs heavily agains calling a cont ‘nional convention Mestrongh urge contutionalemendnent fd ne legislation teliminate dual publ salaries for siting dc oficial who sre a delgoe, relaxation fern ballot ‘cca repirenentsigementation of essen of ined ering to Inereane misorio eration ate cometon ond limiation of slate wring for 15 delegate elected at agen tate election A, Prohibition of Dust Compensstion B, Ballot Aces an Campsign Fine Voting Rights Is 1. Delegates Elected rom State Sete Diss 2. AtLarge Delegates . Dual Office Holding Epilogue (Chapter 2: BILL OF RIGHTS Provisions of New York il of Right have been inrprted ‘onssenly bythe Court of Appeals as broad and steadfast guar nies of nda ber often exceeding federal consiationa! 323sus protections, and me would oppose any efforts 1 weaken any of ‘hese provisions The fow eudstantive changer we would recom ‘mend fa convention isclled—incorporatng an express right Ao privacy, deletion ofthe criminal bel provision of section 8. ‘broadening the categories of persons protected by the nondis- rimination provision of section IT and deletion of Arle VI, ‘oot 32 requiring consideration of religion I adoption — re insuflion and of themselves, 10 risk opening he Blof Rights to a contintional convention A, Dee Process B Right to Privacy qual Protection and Non Discrinination D. Civil Sry Tria 1. Freedom of Religion "Freedom of Speech an the ress 6. Assembly and Position 1. Divorce 1 Loceris 1. Wrongfel Death 1. Common Law 1 Rights of Labor and Workers Compenstion 1M, Right to Bear Arms 1NReligion asa Factor in Adoption (Chapter 3: CRIMINAL JUSTICE Issues relating to criminal justice curently receive significant public atenton end maneous proposal fr reform have ben Suggested In Our we, exting contiionl provisions are senerlly adequate, andthe ris of adverse change existing NEW YORK STATE CONSTITUTIONAL CONVEXTION provisions i response to politcal pressure outweigh any po ‘ential gain. Carin changes nudingecontnional amen ‘oper sustaton or dsmsealef dliberating or na r= ‘in creamstances, and action bythe Legare or Execute 0 Lingrowefieny tthe administration of criminal ustiee ate. de ohould be considered bur do no warrant contiational omen Me would oppose any effort Incorporate an pro ‘sion concerning the deat penly io the Contiution. ‘A Unaninoas ry Verits Juries of Less than Twelve or Six) (©. Gaad Jury Presentations D. Preventive Detention , Avy of Pro nd Probation F Search and Seizure andthe Excusonary Rule . Cenaiz Responsibility for Criminal ice 1H. Death Penalty (Chapter ELECTIONS Important constitutional and slatutory changes are nsded in ‘hela governing elections. support elimination of the con- Staonal requlroment of bipartisan election hoor, substi. onafthe term "domile” or "residence” nthe costal residency regtroment i conform to exrret practic, and vari= ‘us other chong sined ot icreating the Legislature’ control (ove election administration. However these changes are best ‘sceomplished bythe Legislature loaf and donot warrant call ing aconstiutinal convention ‘A lesion Adminisation B. Demise . Other Recommendations . Rejection of Disgusifistion fr Mena Incompetency 525536 ‘rie cons wasn s (Chapter 5: THE LEGISLATURE Gratok in the gitar has rlsed questions concerning the adequacy ofthe contiational provisions governing the er: ture and fncion of the Legislature. We support contiational amendment no areas: to mandate presentment ofr lege= lation to the Governor jor signture within reasonable time ‘for pssage and ereion ofan independent comission with ‘responsibiliy for peradic reapportionment of legislative dis- ‘re. These changes could be accomplished by the Legislature ‘and do not warrant aconstintional convention. Marrs rlat- Ing tothe internal procedures of the Legtanre are generally Des lft legate resolton |A. Measures Relating tothe Sructre ofthe Lesaure 1B. Rocall and Tem Limits ‘©. Measures Governing the Enaetment of Legislation Generally 1: Pesenment 2 Legislative Debate, Discharge and Staring ‘D.Measures Governing the Enactment of Poitcally (Chapter 6: THE EXECUTIVE BRANCH Certain aspects of the Executive Aree shoul be updated. We ‘apport adoption of clear provisions fr gubernatorial rest. Sion elimination af Governors mere “abonce rom he Sute™ ‘ar authoriy forthe Liatenant Governor tact as Governor” ‘nd clarification ofthe procedure for filing a vacancy inthe afce of Lewenant Gosernan However these changes ore not of sficon urgency o waren a constationalcowenton. A. uberatoria Succession {Temporary Disaiy 2. Daa or Removal fom Office Role ofthe Lieutnant Gvernor Joint Nomination of Govemor and Listenot Gaveroe Filing Vacancy inthe Office of Lieutenant Governor Executive Term Limits (Chapter 7: STATE OFFICERS AND CIVIL DEPARTMENTS, Certain aspect ofthe constutional provisions governing p= licoffcarsand cil depariment hou be updated. e support clarification ofthe procedures governing the filing of vaca (es inthe ofecs of Compile andtarney Genera, nde ration ofthe arbivary knit o vent cl departments should De consdered. However tate change are no of fii e- gency fo warrant constitutional convention. {A Seletion of Comptoier and Attorney Genera 8. Filing Vacances inthe Offices of Comptroller snd ‘storey Genera Limitation onthe Number of Departs Chapter 8: THE JUDICIARY ‘he Assocation has Tong supported merit selection of judges, merger of ral cours ofrcord ina asngle cout, creation of Fifi Department of the Appellate Division, increasing the mar tary jurisdiction ofthe iil and Dict Courts, according Housing Court judges the same sams a Coil Court judges improvement of the procedures for corifiction and romoval of Jelges, and simplification ofthe relevant consttutonl text al ‘of which would repute comprehensive consiutional reform of the Judiciary Atte. The ned for constatonal revision in hs areas great and there ite risk ofedverse change Viewed “lone, we may have supported a constintcnal convention as -nethod by wick needed court reform could hav wm achive, ‘Weighed aginst therisks wo ther continationa proviions, ho her the ned or amendment i hie Article tot sfc 0 say calling 2 constitional convention.528 ‘He neon wsanas ‘Atul Selection B. Merger of Trial Courts (Cssues with Respect to Patulr Courts {Appellate Division—The Fifth Department 2. Monetary Jurisdiction of Civil and District Courts 3. Housing Court Judges Other asus . Cerification of Al Judges 2. Provisions forthe Removal of ges 3. Simplity Arle WE (Chapter 9: STATE AND LOCAL FINANCE AND TAXATION Current contatonal provisions governing Sat and local ‘nance ond soxation ave outdated and inadequate. puting New Tork and ts locate ta dinc economic disadvantage. De spite he need for comprehensive reform to thes provtons, ft {he absence of arf study of ts comples issue and recon mendations or reform. a consitional convention would have Tine hope of achieving satisfactory change inthis ara. We sap- ‘ort the cretion of conetatonal commission to study these ‘Saves and make recommendations for reform bythe Lgiltire ‘ora fitareconstntional convention, ‘A. State Budget Process 1. Budget Tmeuble 2 Dadget Balance 5 Long-Range Budget Planning 1. State Taxes and Debt 1 Sat Tax sues 2 State Debt estes Looe! Taxes and Debt { Loea Tax sues 21 Leal Debt fesues The 1979 Repor ofthe Comite on Manicpal Affairs NEW YORK STATE CONSTITUTIONAL CONVENTION (Chaper 10: HOME RULE AND REGIONALIZATION ‘The constitutional provsions governing home rule for local gov. ernment ae generally regarded as nadoquste 10 regulate ef Fecely the delicate balance borer statwrde and lca inter ‘sts. Given the sas of he present constiationl scheme, hare 1s ted vsk har a constndonal convention could do worse “However, consitonal reform this area epuires carga td) ‘and hough planning and should not be undertaken witht ‘adequate preparaion bye constitonal commission to study {hese ies and mae recommendation or reform bythe Le [slate or ature constitianal convention, (Chapter 11; EDUCATION The Eascotion Article adequately provides for statewide over- sight of public education y a Board of Regents and prokbion 2f pul undng for religious eduction. Tare no need for onstlational change pending the ontcome of igi ve he Implementation ofthe conttional language eft shoo! Finance reform Moreover beaise of he highly polite na- ture ofthe public debate over education, thers «serious risk ‘of adverse change by a constitutional convention. ‘A Beaton Classe B. The Boart of Regents 1, Regents Authority 2. Appointment of Commissioner of Education (The sine Amendment (Choper12: ENVIRONMENT. ‘he Conservation Artie conan song guarantees for emi- ronmental protection het would undoubedy be at rst opened ‘o amendment bya contutonal convention Thre shouldbe ‘no change to existing constitutional provisions.50 1 nsconD feiss (Chapter 13: SOCIAL WELFARE The Socal Welfare Arcle imposes mandatory obligations ot ‘he State to carefor the needy and provide forthe publi health These provisions, which would be at rik of amendient by a constittional conention, shouldbe preserved. Me have con ‘cluded that the State ert obligations car for the mon. ‘aly i and provide or ow income housing should aio be made ‘mandatory the provisions governing mente ines and pubic ‘health generally should be merged, and an express right oas- ‘stance of couneelin certain cil dgptes should be consid ‘red. However the risk of adverse change fo the more essential ‘provision this Arle outweighs omy potential gain tha might be achieved by «convention |. Aidt the Neely 1. Potton ofthe Pic Heth C.Care ofthe Met Housing fr Low Income Persons ‘Chaprr 14: HOUSING AND ECONOMIC DEVELOPMENT ‘The Housing Article incorportes concepts relevant to State and {cal finance, home rule and replona planning. areas in which ‘we support comprehensive constatonl reson. In parti ar, we support extending the powers ofthis Arle 1 county governments and broadening he teope ofthe Artic ¥ foc ‘ate community and economic developmen. Such change, how ver rere thought preparation and comprehensive recom ‘mendations bya consiatonal commision. [A Autority forthe Counties 'B. The Housing Scope of the Article (©. Community and Economic Development (Chapter 15: MEASURES GOVERNING AMENDMENT OFTHE CONSTITUTION ‘The current options for among the Const should be ‘npelencntd by eddiional methods designed to permit more Aflesbiliy without serfcing due deliberation In particlan we ‘Support constuional amendment o provide a «lite com Denton ell fo permit a constitutional convention to adress @ subject paricalerty wt ned of revision without opening he en Lrconsinton to amendment Other alternatives, rch par. sage bya supermajoriy vote of single sesion ofthe Legislo~ ‘ure pesibly coupled with gubernatorial pproval prior rat- flation shouldbe considered. These changes can bet be ac ‘complished by the Lepslanreiself and do not warrant a con. ‘tional comention (Chapter 16: OTHER PROVISIONS. Constatione! provisions governing land we regulation. carp0- ‘ations, canls and the State militia are adequate and do not ‘require revision The “Takings clase which rageats the diate Delancebenoeon prises property and public uss maybe erik ofadverse change by a constiional convention. | Private Bsonomy, 1. Property Right vs: Land Use Regulation 2 Automobiles vs. Mass Transit. B, Corporations * Canale D.Detense conctusion FURTHER READING asxe 1 xs0080 wisn SUMMARY AND RECOMMENDATIONS “The New York State Coastition requires a public referendum every toy years ut before the votes te fllowing question: "Shall {here be a convention to revise th constition ard amend the same?” On [Novernber 4, 1997, New Yorkers wil be asked once again wheter i is ‘ime to cll Stteconsttutonl convention. “There bare been rine consuonlconvaonsin Now Yorksittory, ‘eld in 1777, 120, LD, 186,167, 1996, 1915, 1988 ard 1967. Milestones in Now Yor’ contisaional iar have been achived ty contol com ‘tons Th 1777 Consaton comened ding the Revolutonary War yielded ‘Now York first Condition, «document hat predates the United States Constitution by decade, The Convention of [801 wasealdforthelimited purposes of insrensing the size of the Leplture and resolving a consit- om criss concerning he powerto appa government oficial tn 182, ‘he Convention defied ase Consitton thar added a il of Rights rer. ionized the usar, made thousands of State oficesclective od provided {or substontial eorganiation ofthe tre branches of government. The im pets for the Convention of 1886 was to ein legislative power and ror Een government srctre ina new Constitution that was rated, bt ‘Seprate proposal fr egal suifage for Afbean Americans was rejected, “The 1867 Convention proposed a new judiciary atic, which was aii, but other proposed amendment tluding adios othe Bll of Rights and provisions for municipal home ru, wee rejected, Te Constitution in ‘ie today as dad bythe Convetion of 1894, which incorporated Further adtons othe Bil of Right, lepisiative reapportionment, edict tion and conservation, The 1915 Convention considered sues of home le, ‘women's suftage and reorganization of the jail and executive branches, is propocle, though ejected by the elacoae, were largely adopted inthe ‘ers tat followed. The 1938 Convention ele nthe wake ofthe Great Depression, submited proposed amendments governing low-income hous- the ight of labor, State funding for soca welfare purposes and leak tate for New York Cis, which eee rated other proposals concerning ‘eanportionmatt, proportional rereseratonandthe judiciary weerseced. SN eo a 42 + Tesconentonn 714 13, areca puso Nestea eon he Gere ot 31,1 1Sané 97 wettest fe ‘SSimonlty hour Te ons somentanreend oie a ede ie Contaton 18, Sv genry Nr) Cle. On itr Conroe or of Nek 099 pete Ones “The most recent consittiona convention, beldn 1967 remem bred as flare doomed by partisan plies and voter spay The Con- ‘tion drafed proposed new eosin which repeated the consis ‘ion probiton aginst Ste funding forego doeatonal institons, Inade substantial revironsconcersig reapportionment, th ud, the ‘vironment, home rule end Stat and Teel Finance and expanded the Bill ‘OFRigis. The proposed consituton, which was presenied othe electorate fs a single package, ws soundly defeated a the pall. The lst consti tinal convention rfrendum, hich appeared oa the ballot in November 1977 pursuant to the 20-year referendum requirement, as dcsvely de fend If the upcoming referendum approves a convention, 198 conven- tion delegates woul be elected in November 1998 The convention woul ‘pen in Alleny in April 1999 and conus unl it work is completed Proposed consitaina revisions would be submited othe letras for ratfiestion as erty as November 1999, to become effective, iF approved, ‘on January 1, 2000. Tn ancpaion of the 1997 constiusional convention referenda, ‘former Governor Maio Cuome created the Temporary New York tse Commission on Consitstionsl Revisor, chaired by Peter C. Goldmark, Je, (the "Goldmak Commission") to evaluate the processes for conven- ‘concern ha mipt be eoesdered bys contention. In February 1995 the ‘Golimark Comision iebued ts Final Report ideniyng State scl Tetgrty, tte and lea elaboes, edustion and public safety as areas of| ‘particu public concer andalingapon the Legislature and the Governor {o take immodiate steps to create “Action Panes” of persons of stature ‘nl integrity to develop integrated proposals for reform in these aca.” ‘Armajorty of the Goldmark Commission concluded tat the success of| ‘Action Panels would poclude the need for consiational convention, tbr without immediate and decisive ston to achieve wide-ranging fe- Srnec Wn Nw St Sere Pte Pa ee Seek 195 Con! Cannon 7 a" Fae ee elegy wold be ac om ch Sein ten Seger ald danger sioe OY Cont HIF + Tyla Comin pnt rp: he ee Scns Pros: ‘nin Rr of a eno Ro Se Coen Csi Ro (Garo Cota toner Peo Bate Cn ri Bol Me 1%) (ete ba ce Groen wre ow Cen T i aero ‘er Nek Se Conn Cn Ren fe 95 Repse ‘rie asco versanes form they recommended suppor for a convention’ We supported the ‘Action Panel propose and urged the Governor and the Legisletare to ‘rete Action Panels without delay to assure that hair efforts would ben- ft New Yorkers in deciding whether to cal aconsttinal conv ‘SeeSiatementin Support of Immediate Appointment af Action Panel, 50 The Record ofthe Association ofthe Bar of the Ci of Now Yor 145 (1995) (Geel The Recor, Daring he past wo yeas here basboen no response, in 1993, the Association othe Bar of th Cy of New York formed ‘the Tesk Fore onthe New York State Consutional Convention to con- ser the advisability of caling a constatonal convention in 1997. The Task Force, an ad hoe commits draws fom rosesacon ofthe bench, fr and legal seademie commons, was chrged with making 2 16000 ‘mendstion concerning the upcoming referendum based on 3 substantive Assesment ofthe need for consitions reform in current provisions of the State Consitution, the Hktibod thats constintional eoaeationeoulé atcomplih needed reform and the ik of adverse change For the reasons discussed below, a major of the Task Force i opposed to calling» constatonl convention nthe November 1997 tek ‘endum, Our recommendation to vote “ao” i the upcoming referendum Is based om varity of concerns, many of which are stared by members Who voted in he rinrity aswell a the majority Is June 199, we isued "Countdown tthe Consttonal Con- vention Referendum: A Report on Delegate Selection, Election and Ebi Issues50 The Record 788 (1995), a report ighightng the need for these Jmportat reforms to improve fuiroess in he procsss By which convention elegates would be clected if convention wer calle.” That report and her report ike ithae eee te tention fom the media, the Legare sand the Governor. In 1996, te Lgiature erated measures io rel erin ballot sees equiements which we apa as tp in the tection of i= creasing ccs othe legate lection proces beyond the ranks of polite] Insiders. However, the more exential eforme— system of limited voting, individual election of age delopates and prohibition against rseving double conmpenston have not bon adrested by the Legit. ‘The alure ofthe Lestat to efor the proces by which em= vation delegates would be elected has crested fendementa impediment to the electorate’ ebiliy to lee a faiy representative body of delegate The cuteat process—which could have toon improved by costistions Galan Commision Fn Rye 2 so pay Iter fomPaee ‘lima te GoGo a Asp vein ofthe seeds Cae of Repo amendment and legislation had the Legishtre acted in tines mi- ony representation and fevers politcal incumbents. A convertion orga ied under eacrent delegate selection procedures woul likely be controled ‘bythe same forces that now control the poi satus Quo ‘As explained in peater detail in Chapter the method by which convention delegates would be elected (hee delegates fom each Senate istrict) may dilute minor voting strength in violation of the federal ‘eting Rights Act by making i ese for tho majority ina dst to elest silts delegate A system of limited voting, by which each voter cate fone vote instead of tre, would provide an opportunity fora minority ina ‘ijt elect at eas one ofthe then delegates If contuonalcon- ‘cation were called in 1997, delegates would be eectedin November 1998 Under the poset system, thus raking not aly lack of Tir sepreseta- tion among delegate tothe convention, but also the prompect of costly Voting Rights Ac Iiguon. In aden, the current practice of electing fifteen delegates at-large in lates, rather than individ nfl deprives ‘voters ofthe opportunity to evaate each candidate. Candidates for de ‘gate at-large shoud be Wetted by name onthe ballot and elected in ‘Vidully rather than in pary-contlled slats. Also of concern isthe Legisiature' flare to amend the corstutonalrqurerent that every del cate, including siting legislators and judges, reeves public salary equal | {that pido embers the State Assembly. Current law thas provides an Inappropriate incstive—double eompensation—for siting publi officials to sek lection as convention delegates, In ou view, hose are fundamental | defects tat would deprive to clstornte of ful representative delegate | body and tna contol convertion. | ‘The esponsibility fer dating anew Sate Constitution shuld be en- | ‘easton toa deep ody of dines experience, eprty and gerate con ‘em. The Sate Constiuion uniquely pret of india bers social well, the evienment, estecions onthe use of pubic money, and other [rei rights. For example, the Constition expressly decrees thatthe “Aiondasks and he Cashil “shal be forever hep as wild fret ands"" limpses a mandatory ebligation on the State to provide for “head, care tnd suppor ofthe needy" and guarantees the right ofall New Yorks to "rely speak, weit and publish the] sentiments on all subjects, being response forthe abuse of hat right™ These ad other time-honored pro: ‘sions, which in many asesafrd greater protection tha the United States WN Con an 8 no coe a Nocona536 ‘tHe scono waned NEWYORK STATECONSTITUTIONAL CONVENTION $37 Consiton,* would be opened to amendment or repeal by comstuonl convention (See Chapters 211 and 12, a.) ‘Wear alo concerned thatthe curent politcal climate character ized by a proliferation of special interes, PAC money and lebiying,pro= mots “singlessue™ polis and could yield convention delegates elected ‘only t pure a narow agenda without ryan othe overall interests of {he State. The death penalty, abortion, funding for eligionsedational futons, term limits, welfare, property axe ad gun convo, name ‘only few, are divisive issues that could deri convetion. ‘We note, in aditon, hatter is euresly no paral momen- tum for reform, no conseass concerning what reforms are needed pat Heulaely betwee the Legisltre and the Executive branch, and no Su Stative preparation for constintional revision. A constitutional conven tion charged with ubmiting proposals to the electorate for ration ‘only months sir being convened, if called under these circumstances, ‘may be move easly subjected to undue influence of special interest groups than the more deliberative proces of constitutional amendment by two sucrose logiltren. "Single ianue delegates hoping to advance pre ‘icular agenda may engege In “borscarading” This stmoaphere grey ‘chances the risk of ieadvsed or unwanted conatfutional revision by & onveston and isnot conducive to comprehensive systemic reform, Finally, whete a8 hee aconsutuonl convention would be w likely to achieve meaningful psitve reform, the expense of holding ‘consitional convention cannot be jsied, Estimates of the cost tt ier of holding an election for convention delegates. paying deleptes ‘ie sme compensation a hall ten be annually payable othe members ofthe assembly" including reimbursement for ravel expenses "providing ‘suppor staf and facilites forthe constational convertion ise, and pre= ‘eting is proposals tthe electorate for atfction, ange fom 35m ion 865 milion,” although no offical studies have ben done aa sa fscaing el eantn! ne Se Coston sce spate de reso fai! Here Te Re oe SC 0 Ae ‘ps Now Yr per sna arn many xan provisos th Se ‘ener ne dy xno epson pr oe eg Pee ‘Se ger ups ofc each nd onstage cig enh orl ns Rees tp eh a ‘tripe pony intro te igh son pcan so abs Sepp cir miata omer ae Co a 2 Soe iy Hoan Aci alg Supe Corgan. Governe~ ‘Recher Deer dC 2 196 48 pring eat of ees Nevertheless, ther is ite dmgresment that the Consittion is ‘etuinely in need of significant reform, parclarly in the areas of State Sod loeal sane, home ele aed court reform. (See Chapters 8,9 and 10, Inj) The Legislature has led in some cases for decades and longer, 9 Undertake needed reform, Inded, in certain longnepleced arts, include ing State and lal finance, home rule and even the delegate selection process, the Legislature has demonstrated no inclination to nate change. ‘Whether his fare is aribtable to politcal grilck, lack of partials ined expertise or istusonal selfnteres, the Legislature bas been ica pale of adéressng thes imporsnt problems" Furthermore, the Sate Consiuion is meaot 1 be alored tthe loca node ofthe citizens of New Yorke Am integral element of American federalom, strong and respomive Sate Constiation i a way to ke goverment lose othe People, The role of State government in New York as evolved tremendously over the past ceatury since the present Consiti- tion was rated in 1854) an lst substantially revised i 1938). Current ‘We are mindful tat he consituonsl convention referendum 2 ‘guarate of popular sovereignty tat hasbeen a part of our State gover ‘ment for more than a cerury. Even if comvestion falls to erat the impor ‘ant comprohensive reforms that ae needed andi more harm than good is sccomplised the electorate ultimately retains the right f reject he roe posed new contnionat te polls These countevaling concees te shared, fo some degre, by every member ofthe Task ore, ‘On belance, we conclude that 2 constiutona convention should ot be called bythe November 1997 referendum, Withot @ mandate (or ‘35 millon $65 millon; “197: A Now New Yok” Rochester Tme-Onia, Set. Toba feporing a ete of slo ore) Thy yuo 1967 Cee ‘eto cn Se min Cay Woes Sap Fut Cosme Vso” Dl nee, Sn oneal "su ams Du, “Coston Sesion as to Oppo: Fe Aba Unt guint Chan Timer Fu 6191 fai oh ie eee ‘te ea tne pone cnn eomeron) Tne Lvl sss 6 ‘Siteopt my bets praia ee New Cy mo et ito exam Ae § 4 we nga it ued en at wl ee pp ais why a et forme ttn An op ‘Statue nurses imps aan sures era nny st Si Sera ele" he ol Ra? Tn Dei, 96H Ce ‘ipo among pn Pa Naw Ts, No, 8818 ‘Dae ascoxo aL ses comprehensive reform, al improvement ofthe process by which conven- tion delegates would be elctog we ave litle confidence thats consiie tional convention would offer a realistic possiblity of achieving ststac- tory seform, ‘We urge the centin of a constintional commision fo commis- sonst ay the necessity groundwork fr sucessful reform by the Leps- [ature or future constttionalcoavetion.Consiutonal commissions fave Tong hada pace in New Yorks history? Fist implemented in the ‘wake of tho filed proposals ofthe 1867 Convention, constitutional com> Imissions of eminent ctizans hive boen created, with some regularity, by {he Legislature, the Governor oF both, 10 develop specific proposals for consittionalamendnet bythe Legislature [a eretng such « commis ‘00, the Lesa andthe Executive should resnve to conser promply {he commissions recommendations ‘At present ples more confkdance in the deliberative roses ofegsative amendneat, which requires adoption of the proposed eonsti- ‘onl amendmenthy wo surcestie legates Other oon for aending the Consttion should be considered (as discussed i Chapter 5, section 'B), neuing, in partouar, the power to call «constitutional convention wih a limited mandace to adres a specified issue or arte of the Come ‘ton Aimed convention ell—ased once ia New Yor history in 1801 to resolve a contol erisie—oould foews steno on an area pariculaly in aed of eform without the attendant risk of uneadment 0 bt pas ofthe Consiaton or pot dtracon asocited wih ull- fealeconstiutonal revsion ‘Other civic groupe have studied these sues and taken a varcty of positions. The League of Women Voters of New York Stat, as well Citzen Aston of New York, oppose a constitutional convention in 1997 primarily on acount of the Legsoure flue fo reform the delegate Eeletion proces” On the other hand, former Governor Maio Cuomo publlysippors a couventon as an extaotdizary opportunity for change See Ore ert 1757s Connie Big BoD. Cantina om ee tbh 17 15,190,915, 12,196, 186 9a man rey Gor Common 9 The Geen Crns. ‘on nnn 195 roan fF Rp sme cen ote Pate deelgpestcpopt eee "apoyo may ecient tA XD ston? We is css fcensan'a erste enn and scala” onpas al) > Ser Ling of Wome eof Now Yr Sa, Sie ed Ret ary ost Ce Aza of ew Yr Bod Resin a he Conatann Comer ena e198), NEWYORKSTATECONSTITUTIONAL-CONVENTION $39 {na gridlockod politcal sytem." The Goidmark Corsisson's conditional ‘recommendation ia favor of acostention—contngent upon flare bythe ogisitre andthe Goverorto take promptacton ine rewion of needed reforms now unconditional Common Cans of New Yer wil remain ‘etal wit epect the convention cl, but ha rged reforms a the de ‘pts eleton proces and wil serve as "watchdog" éutng the delegate [lestions, ifs convention i called” Numerous ater groupe inluing the New York Ste Bar Association, Queens Couny Bar Assocation, NewYork ‘State Til Lawyers Assocation, ize rion, An-Defaton League and City Chb of NewYork, tame only fe, also fave taken a active inert in theieses mised by th wncomingcorstaonal conven referendum "We recognize thn, respective of our recommendation, aeonsitu- ional contention my nevertheless be calle in the November 1997 refer ‘endun, Inthe Chapters that flow, we have analyzed the Artils of the Sate Constation an highlghd proposals for reform tht we sippot wheter oF nota convention i elle” Ger tanta Cas Crag Rone New Yor Stu Cann” 9° Galdmae Cmmisoe a Roo 22, beta oe iss ing ae sa oman an Peon {Sp Connie pepred eh ro dred ae tee Ts Pre rete prey ADs Boag aC Rigas Comnenaonr nM am ‘Cledmltan nda Crs Caurion Lm Ct ae, Cou oh C= ‘fo como Cm! hte Coma i Amini Coel or ‘Siam cron ten eon on non sore es ‘Stn tn Un Delp abr a yet am Pang a Zr apne Nig Rope wa Des Lge bic ona ins Asin operon onl Rea Ppt, ex Sse re, ‘Soon! union Sue Corson Deadeton Satay ane nt neh ann grat neta ‘Scouse nnocton tec ae odes Petco he Ain 1967 Sel Cmte ot ccna ch cy ah eins t ‘Sutconcraing pes nausea ion ne wake oft November 98 conc tet sna fos sy oe Ca a i Ba ea a flys we saris elephant Ca, se ed ea ny tem coding nes a Ret tt Mn pid one tie ran,$40 ‘THe RECORD sass NEWYORK STATECONSTTUTIONALCONVENTION S41 ‘chapter 1 DELEGATE SELECTION ‘The Legislature failure o enact needed forms ixprovefair- es in th proces which convention delegates woul belated a convention called weighs heavy against caling a cont- ‘sional convention. strongly urge constitutional amendment ‘and new lgistaton to eliminate dual publ salaries for sting bli official who serve as delegates, relaxation oferta ballot ‘econ eguirement implementation of aye of linia vote Ingto increase minority representation ata convention and limi- ation of slate voting for 15 delegates elected a are in state- ‘we election ‘The New York State Constitution requires that every twenty ears the vot ofthe Stat vote by referendum whee fo convene» consi tional convention. The next oases for thi criteally portant decison will occur on November 4, 1997, and votes should be m 2 poston 0 ‘make an informed choice on tat question. Not only do voters need consider the rang of current proslems that woold ultimately be adresed bby s convention nthe event that oe i held, bt as a thtesold ater it ‘ust be deeiged how the delegates to such » convention would lected, Delegate selection rues gover who would be eligible to serve as delegate, hw delegates would be elected and what incentives would be fin pace to encourage highly qulfied candidates, considerations tht ae ential in the decision whether o call a convention. As dacssed belo, ‘rent res sre problemstc sd would require important itor Tore holding a delegate lection. The laws in the delegate selection pro- czss—which could yield a body of convention delegates who do not ty ‘oradequtely represent New York’ stzens—woigh heavy again calling ‘ consititional conventions thi Sime. ‘We ist aed upon the Legislature in June 1995 to make the nec cesary change had he Legislature responded promply, improvements ould have Bee in place before the 1997 referendum. Is now fo late fr “eT Fe ee New Yo Se Consol Come, eum ‘0 ne Contain! Catenion Ratendam A parce Dele Secon, Beton Se esi 80 748199). coor recommendations tobe implemented before the referendum vote. We Support the measures escused inthis Chapter for fur delegate election, ‘nd contin to urge tei medit nplmentaion whether of tot acon~ fasion convention i clled, {A Prohibition of Dusl Compensation" Dusl compensation of delegates who are slo public officiatis ‘napproplate The Legislature should therefore et iit (2) by constitutional amendment, he combined compensation foresters and judges: (2) by new legislation, he saris of Fl-xime government em plyecs ho are dlegtes, 9 the higher ofthe to sala (9) by new legisation, the saris of fltime government em ployee vo ar convention aft the slay of he saers Principal position; and (4) by srendment to existing pension starts, pension bem fits for delegates and staf who ae pai eiplayecs. ‘A State contiutional convention sould not become an opports- ity for individuals who ate elzedy onthe public payol to enhance thie falirios or pension. Yt, inthe absence of eorrecive measures, elected “ind appointed pblicofiials may be motivate. or perceived to be mos "ate to serve as delegates for precisely that reason, Article XDX, section 2 provides that a delegate to the convertion “shall recsve frie servicer hie same compensation as sal thn bo anni ally payable to the members ofthe assembly.” Members of the Assembly {and the Sate Senate) curenly eam $57,500 per year Thus, legisla ives lp wold ote nes 114000 per yen Ste ‘Supreme Court Justices ow earn approximately $114,000 per yea fr deed a comenten Sg mould ery S17100 fe Je fhe corvenion-mae than the Goversr or ny othe tie offical. Similarly, Iighanking spoinedofficils mich ax commissioners of Sate or loesl _overament woul er far mare than heir present salaries.si He neconD wuss [the last State constininalcomteation, ld in 1967, he de ezaes included ent for judge and thier eiltrs. Thess we group together accounted for early one-fifth fal delegate. don 1 at Ing daa salves, those who were nearing retirement enhanced thi pt sions significantly: pensions are based upon tl earings inthe yeas ant before retirement, and State pension aw explicitly includes eompene ion for service aa eonstationsl convention st « buss fo calculating pensions” ‘We belive that th porception of publi officals using the eon ‘vention to engage in “double cpping” woud significa undermine public confidence inthe integrity of the process. The motivation of public of ial who sek election a delegates would be abject t question —cipe- {ally in iow ofthe salary levels involved. ‘The SateConsituton aw poids hat ei legstve nora) sslcion maybe reduced ding he term of offic (NY. Comet at, § 6 fant VI, § 25). We do ot propose amending those provisions, which are ‘rounded in sound public policy. However, the provision guaranteeing dl- ‘gates the same salary as Assembly members (NY. Const art XIX, § 2) Should be amended to lint elected and appointed official tothe salaries forthe postions to which they were cleced or appointed. (Oia caning les than the 85,500 per yar sary ofan sembly member might be et ited to an Assembly members salary, provide ipa in ea oftheir sent compensation and ola second povernment sale) “The Golémark Commission’ Final Report st 23) nots thet the Chief idge othe Sate of Now Yok may have th ower to preven iting jdge fom collotng a socond Sine elry as convention delegate. Si= lay Stat and local avs coud be enacted and State and local anit tive regultions adopted, governing compensation for dul servic by ap: pointed State officals (eg, commissioner, members of various baud ‘ff ofexcutveand leila oficial, ete) arty elected and spoined locale. See eg,N¥.C Char 1115 (probing City ofc balers ‘tomholdng anyother public offic excep, where auhorized bythe Mayor, with respect a office for which a sly is provided). The Legiltue ‘could als amend the pension laws o proc se oF a convention deepal > Are ete 7 pei tate ee of mete ney Sta {ern yen sal sbi tine Soo as the ae ‘Sta Scat aw nwa nae cepa he i ane 96 Conse ‘Canes pea ceang herve "pve er” ey are Sle Sr ae Sot See La fon of ma snmp) #48 ‘esc 967 dns in pens ye) 42a reac feenioment oF {oe degen HEARD (ieee ene of palo od pon vem. [NEWYORESTATECONSTTUTIONALOONVENTION 543 (er af salary to eahance a pension bass where an elected or appointed cia ialendy drawing apie salary. These and smarts shouldbe ‘are consiered. However, in vew ofthe State constitutional prohibition aginst =~ ection ofegistor’ salaries, "double diping”by the legislators ther- ‘salves probably eaaot be eliminated without & conettional amend- ‘ment. Unless the Lepsltre approves such an amendment and presents itto the voters, any eonteation could be dominated by lgisltrs whore -motvation insoeking election a delogsee would be abject considerable public sepicism, A constntionalamendmect is therefore imperative ‘We note thatthe Goldmark Commision recommended a sniat consttonal amendmen in its Interim Report (at 77). Since State const- {ional smendments mst be pated by two stcestve separately elected Legishanures before submission tothe woes, te Golémark Commission urged fit pasage in 1994 enable second pasage by the 1995 Leila ture anda referendum in November 1995—prir tothe 1997 referendum ‘on the convention itself, Unfortunately, the Lepsatre filed 0 at on ths recommendation, ‘Eve ia proposed amendment is passed bythe present Legis tur, it would hae fo be passed agus by 2 separately clocted Legisatare sd could not be submited the votre ul November 999 atthe ease ‘The electorate will not have an opportunity to vote onthe question uni rit derdat whether to authorize the convention and indeed not sn erthe conetion, eld completes is wrk Ou eeormendation cially ‘mae in Jane 1995 in an effort to spur legiative action in time forthe coming referendum, i naw only a blupea fo ure conventions, “The Legis’ faction on tis “dvble dipping” proibition regrotuble. Logislave acon of this sue woul boa significant g00d [goverment measure tht would contbut to ensuring theft of the ‘onvention proces. We therefore recommend tht such a mesure never ‘eles receive fist passage during the curent legislative session. allo Access and Campaign Finance ‘Weendose ommendations previously mdeby the Association Election Law Commitee regarding improve noes to the pri- sary ballot primarily by reducing the number of signatures re- ‘ied torn for delegate and eliminating or modifying existing {ile governing petions and sgnaieinaldatoe, Werle ge ‘option of resonable mit om the amount any individ can Conebut to ay candidate for delegateS46 ‘TH RECORD W1s.No.s 5 1986, th Association's Special Commits on Beton Law ree ‘oramended s number of measiresto sae access othe primary ballot” For ‘Ste Senate diss —the base unit fection for costitionalcomven- ‘ion delegates—the Commits recommended reducing the required num- ‘erof ali lgnatre om 10001050 and reducing the erative mini= ‘nim, based vpon a percentage ofthe enlled part verse the ditt, from $¥t0 3%). The Commitee alg recommended several oterimperan! blo access measures, eg, permiting repisered voters to sgn more han ‘one designating potion fr the same office, eliminating various rls it ‘lidating senators or ene pation pages ovee minor omissions or et ‘ors and providing fora grace prio" allowing certain technica! mistakes tobe corected. "We strongly urge enciment ofthese measures by the Legislature {in time forthe election of eonveation delegates in 1998. The Associaton ‘us long been sipportive of Eleton Law reform, which i in fac lon verde forall leave fics. But nowhore isthe preset state of the ‘more objecinable than with respect to lactone for delegate to Sate ‘onsitulonal convention elections in which eiszens without poiical experience should be encouraged to participa. ‘We also recommend reduciag the numberof signatures required for independent candidates or delegate in the gnarl lection fom 3000" 10 1500 (ad the altenative minimum, based upon percenage of votes fae in tho State Senate ditt i the last gubernatorial election, Om ‘5% to 3%) Similar, the petitioning requirements for eleosion tthe fieen statewide at-large positions shouldbe reduced: fr statewide pri> ‘mares, the number ofsgntares shuld be reduced from 15,000" 1 5,000, (or 3 ofthe enzlled party voters inthe State} for independent candida ‘lee in general elections it should be reduced From 15,000 to 5,000, ‘ignatures. The statewide petitioning requtement ofa leat 100 valid "gnatures" i al the State congressional tects should also be clin aed. ‘We donot ecommendcrestion af a public campaign Finance sys tem for convention delegate elections only. Sb a system woul be cosy tnd dificult to administer fora single election esate that aso tate ‘Seen Spel Cite on ase am Te Rn 0 (186, ez Lew $1620. es Law $6136), is Law $6140). NEWYORKSTATECONSTITUTIONAL CONVENTION $45 ‘wide public finance carmpign sytem at present However, the Leyisatre Shou give serous conden to development of stewie voter guide {or primary and general delegate elections, tulding upon the successful ‘model devisod bythe New Yor City Campaign Finance Boar Inthe ner tof eliminating uafirdeadvantage fo candidates outsie te plial ‘mainstream, we aso urge adoption of reasomble limits onthe amount a Individual oe organiation may contbute to candidat Tor delegate. Voting Rights Issues ‘We concur with she Goldnusk Commission’ recommendation that syste should be enacted allowing fr Hinted voting for Aelegnes andor which each voter woul be etd vote for fone candidat pr Senate District fstsad ofthe. The number of delegates elected on a sstzwide (at-large) bss should re- ‘main en, but there shoul be elnation of slatevotng for thete postion, andthe names of al fee candies nomi fated by each party should appear on voting machines. 1 Delegates Elected from State Senate Districts ‘Mort ofthe delegates to State constitutional convention would be lee the sbty-oe State Senate district. Arle XIX, scion 2 pro- ‘Vides in levant pry thatthe electors of every senate distet i the Hate ‘hl lot thre deletes "Tha, the Senate dst, which ate finglomember dist fo purposes of Senate election are covered into ‘mul-nember dst for purposes of delegate elecions. Historically, each ‘otra bon entided vote or thee delegates per dsc, “Althoaghmalsmember drt sre uncommon in New Yor Sate, ‘hey are gute common in he jarisditons a have beer the subject of ‘conederabe contoversy As noid by the Goliark Comaission Interim Report at 5, "mli-member dstits are red ngs in the voting rights environment nd they have been siccessuly challenged ina lange number ff voting rahi eases” Such discs are suspect unde the Federal Ving [Rights Act (Seton 2) because a ajoriy, voting a Hoc, would beable to tutte a minority fo all seats even though smaller district might have ‘produced one or more winners supported by mina woes. n Net York, ‘here may well be some State Seoate ise in which a eandate favored ‘by Afocan Amesican Latino or Asan American voters would be prevented fom winning Because the talemember electoral system would enable 36 ‘Tus Rscono vison [NEW YORESTATECONSTIUTIONAL CONVENTION 547 Any change inthe ase of State Sense istrict for delegate slec- Yin, such switching to Assembly dst a the base unt of delegate lesion or subdividing Senate dss, would equ consitatonal amend ‘ment. However, as noted bythe Goldmark Commission (Interim Report at 5), thee isa change tht inal kao an be enacted by stutte: 2 sytam finite voting nde which each voter would be ented ete for no more than one candi stead of hoe per Sate Sete dave. Such syst ances che opportunities of cial apd language minors to cee exndi= ats of thei choice in mulmember dss, and bas been accepted ost lections one vote per office ithe rlo-and ean easily be ample ‘mented on voting mechines. And since he electors of ech Senate disrct. ‘woulda group sie losing thre delegates tothe carventon, would be ‘Sonsistnt with Ale XIX, seo 2 and would not req » eomtsionat Senden" “The Legislature hs yet to enact such a measre Two yeas have patted since the Gsldmark Commision sued i recommendation. THO hombers of he Commission have since cited the Leite nacon on (his se asa hai fo opposing a consttional convention.” ‘limited voting system des carry with tthe risk that single ise % Self Te Becton of tga he Coton! Connie Anas Gal Commins pa, hpi a 869m 5 ing ‘alte oes pas sei etter re itn aes Aaa, sans ‘i Cee iar omen ofc eg O 7 ctechinenat te om hora 8739 ch pty sl mht ance abou and ns vn ovr oe ‘hi dren heen acing or ong ao wereld age Roma ‘Saha ely hewn Coot Apenepioacaeng lng el ‘imotte nowt ral stare INV Cone ar 1) Materof ties Pver, {Shovad 14 00), pense 35 US 99 (198) Tea ae pci ae {Solaedy Charette 90), erate sen tated Cre pe ‘en cng ech tore cei Coa ero pope tre [ot sun Sop 26 (ONY 18 a's wahoo OH F2481S BSC ‘te Gcabe fave, 3 US (OE) Tht eon, hes dally {Bon the cone peat eee he oct Amedeo of he Untied ‘Sues Cousin eng yun canal oven SS clon apy ender woh 2 Supple! Snot egy Cover at lds Conision Fi sal Repo 30 Spee! Steet y Mp Fria. candidates cold be more exit elected to 2 consitatona conveation— ‘hati, particular candidates advocating, for example, + consituional ‘amendment ina specific area suchas abortion, the death penalty oF gun ‘oot Butin our view the ned Fors convention to be propel flectve ofthe ethnic diversity ofthe State ore than outweighs the risk that 3 ‘ange inte voting willenable single issue candidates tobe more es ly elected "We are deeply concerned that any elestion for constuton! eon sention delegates be conducted ina manner tat is aie al etians and {ves the appearance of fiestas well Whether or not a fede coor ‘rol ialdate the presen method of delegate selon in alawst brought Under section 2 ofthe Federal Voting Rights Ac, he Sat should not per- pate an cletorel sytem ta vowed a unfair to mineity comm ‘Webel that te iited voting system advocated bythe Gokmark ‘Commission makes good sense as a mate of public poicy I would create more open election in which candidates ouside the polit woul havea better chance of purtipatingeectivey It woul the sof protracted voting ight iigation that could casts cloud ver the ‘convention and is work. The Legislature should enact sucha system this 2. AtLarge Detogates ‘The State Constution lo provides othe elesion offen del. ‘yates ona Sutewie bass. These Fifen delegates amount to ony 7.6% of| {he 198 dleates tothe convertion We pre withthe Golmars Commis ‘Son (nr Report a) ta the ested este ad a useful perspective to ‘he convention sn being ver limited is number, are unlikely to present ‘stant concerns relate 0 fir minors reperetston. However, o make the election of aaa delegates truly meing- {land consistent with its sated purpese, We recommend the elimination of slatewoting fr thete positions. The ames of ths iten candidates nomi- fated hy etch patty sbould appear on the voting machines (on, ioe is Snsuficient spat, on paper bao) Forthe most recent delegate election, conducted in 1966, the Leg- {alate speifialy precluded the appearance of mame frat lage delegate ‘onthe ballot and made sp-icket voting forthe tare postions extremely ‘ical L. 1965 ch 371, Thee were numerous porto replies in ‘which hose who sought to spit their kets were seouraged or prevented ‘hom doing so, o ast ballots that were Iter destroyed or invalidated. Ale ‘hough the numberof at-large delegates is smal she Democratic Party |8 ‘Tue naconD susan success in wining nell of tea rge seats in 1966 though ate ot ‘ng povided the magia of that party’ conel of the convention “The Golimark Commision Final Report s€23) recommended st the State Board of Elections develop plans 19 "one the proces of ticket spliting” and “inform voter thicket pitingie posible” forthe alge {199 (alae at prs Seine ates ean st emi oe wie 6S 4980)582 spas coo wausanes ‘elated provisions) that we would support if convention were held. The ‘proposed changes fll esentily int two catepori (1) texta incorpora- 'on of concepts that have been, are being, orca be developed by jical faterpetation ofthe existing provisions and (2) “housekeeping” changes ‘hat woud eliminate dopicason of concepts found nthe Bil of Rigs, ‘coordinate the Sate Constition wit federal lw by adopting some ofthe language found inthe United States Consittion and removing language tunderstoedobe preempted by federal law, and emeving certain provisions that deal wit sues ow viewed as more legit tan constitutional None of these changes s necessary to ensure the adequate protection of Individual beri im New York ‘We note in addin hat some ofthe existing provisions of the Bill of Rights, wells some of our proposed changes, may ris motional ‘harged isses that could prove detimeatl to well easoned and cil de- ‘ate ata convention and ultimately resaltin weakening, her tansrength- ing, the Stat long tation of protecting individual bets. ‘A. Due Process Due process protections inthe Stat Constitution ar equal to oF rete than federal eonstiutonl provisions. One sgnfiant ference ‘between the eral du ross provisonsf the Fithand Fourteenth amend ‘ments and the State constitutional provisions isthe absence athe later of 2 stat action requirement Sarock Dell Buick Cale, ney ASNY.24 132, 160 (1978), Sharocksuack dowa 25a violation of due process the Lien Law provision permiting» guage opestrto conduct an ex part sale sfabaledautomile,Otber cavern which the Court of Appeal ha eled ‘onthe State ue process ines to enhance chi bers incl Riser Katz, 61 N.¥.24 685 (1986) Qiong that State Contin affords invol— "until commte mental patients fundamental right to refuse ntpyehotc sedation; clin Town of Oyster Bay, N'Y 24 344 (1985) (holding tha town zoning ofinnce estctive deft of fly voted de pro- es); Cooper worn, 8 N24 at 6 (boding tha rel detainees ar {ied to const vss wih fry) Group Hoe of ort hig, Ie Board of Zoning & Appeal, 45N..24 261978) lng that owns rant building permit to group bome consisting of to sop pret nl seven luli single-family aed are) City of Whe Plans Feral, 3@N.28 500 (1974) (aang it couple, tv stu len and ten Fs len ‘consid mil” for parposes of ingle family resend) “= are meth hnmes h Como Appeared he Api Drin sn Sapo Co dein Hope Poon BMAIE 565 O9KOL HE DADE NEWYORK STATECONSTITUONAL CONVENTION 553 We donot so any ned (or substantive change inthe meaning of «ie process under the State Consitton. Ara oseskeoping mater it wuld ‘make sense mergethe provisions of tions 1 and 6, whieh both ncarpo- rate du process conept, wit the equa protection and non-dserimination| provision of secon Il ito a sigh section. B. Right to Privacy “Although there isn explici right to privacy nthe current Bil of igh, the courts have found certain implied privacy ight tobe rote in ‘he due process luse Se, eg, Jn re Marie B, 62 NV 24352, 358 (1984), Cooper: Morn, 49.243 80-81 section 6 prohibits State ro imitng sivet cont wists wih pre female detainees as ilegimat imitation ‘on family ight and righ of procreation); Titone, Site ConstiutionalI- lerpretton. The Search fran Anchor ina Rough Sea, 61S Sabus L Rev 431,466 (1987) Cin New Yor, car tations, which include ji con ‘et forthe ih of pivacy aol posoal er) rake up a vial prt of our Jadges'psyebes): Edvard Alvan, The RighofPrvay andthe New ork State Coston Anaya Pramevor, Tow L Rex 28, 732-36 (1992) Five szes have constitiona provisions expressly guaaniesig 2 right o privacy. This is an appropiate provision fora sate coositon fndiwe would ecommend incorporating ove if consitatinal convention vere held. However, we are mindfl that this ne af the “ho button” {sss tat ould divide a convetin ad prove more hrf than bef. “Moreover, this provision isnota necessity in lg of the prevailing jude construction ofthe due process clause (Equal Protection and Non-Diserimination ‘Seaton 11 ofthe Bill of Rights provides tht “nj person sal be eed he equa protection ofthe ans ths stator any subisin teeo 287 (Dey 99 ee hte Stes von of pny serves | sore Medi gy nt ping tenn mete ec ke the Sado se The Cue Ape es ‘omen no hug Sicha a ding i Hs eho ore” he $e Does ve una ue acs pts Mesa ncdecoy es (i doc Setar of amt Fin 82 Win. 89, 417 N24 947 (94, Boe Ite Ca Spy. 39851524 BEI9Oof Har eb, 8S, 37190 Alt (Mat Conte 2), Calla (Cont af 1, Fas (Pt Cont | 3 le lai Cae at) nd Menta MoCo neo$4 ‘THE RECORD sans “The Court of Appess has consistently construed New Yorks equal pote. tion cause tobe coterminous with i federal oquivalent Marter of Esler Meders, $6N.Y 24306, 313-18 (1982 ‘Section I additonal prohibits diermination based on “ace, olor, ered or religion” an explicit non-dsrimination provision not com {bina in the United Stes Consitetion, Proponents of change to thi see- tion have recommended adding ethnisiy, rtonl origin, genes, lyse fod mental ability, age, sexe orientation and marital statu this pro= Iibiton Whon his gurantee wes adopied bythe [938 Constntionl Con- ‘vention, nondiscrimimation on he bat of race, ceed or reigon” waspro {reasive and the Consiation could be wpe forthe next conta oo ‘bi crimination frail curently recognized invidious parpose. "We te tha the decison ofthe Court af Appeals do ot consis tently accord equal standing to samesexcationships. In Basch Stahl ‘Asso, 14N'¥24201 (1989), for exrple, the Court held he gay partner ‘fa deceased lencholer obo family member wit succes nights Ut- ‘erthe tute’ rent regulation laws, Homever, to yar ltr in lson Dv Virginia M, 77.2065 (1991), the Coutsetusedto recognize aright of vitation the estarged partner of lesbian moter who ha been inthe role of “Mommy” for sx years. Chief Jue Kaye disented in Alison D., ‘piting tat te Court sould interpret the word “paren” 10 embrace its Sppropise easing sven “modern-day reales 1d a 61-62 (Kaye, ‘iseting) Sige Kaye dd nt, however, base this interpretation on any ‘provision of th Stat Cotton Seo Vincent Martin Bonvente, New Tork (Cher Judge Kaye: Her Separate Oplaons Bode Wel for Renewed State Consttatonaliam atthe Cour of Appts, 67 Temple L. Rev. 1163, 1177 (1994); Areenal, Note, “Family” Bu Nor "Parent" The SameSex Coun ling rzprudence ofthe Now York Court of dppea, 58 A, L. Rex 813, (1995), Moa reently the Cour of Appeals ruled ht an unmarried partes ‘of anaturl patent (heroseual or homosexual) has sanding 1 adopt the partes ata chil ¢ second parent under the Domestic Relations Law, ‘Morter of Jab, BON24 651 (1995) ‘Recent ant-ay ntatve i places such s Colorado, Colo. Const ath § 306, exjined by Evans v Romer, 882 P2d 1335 (Coo. 1993), {ff 1165, Cx 16001996), snd Cincinnati, Caner ofthe City of Cinein- fart XI upheldby Bgulity und. of Greater Cinclenat Ine Cif ‘Cincinnati, 54 34.261 (5th Ci 1995) (amendment oct carer bring Jaws providing protected stats for gays and lesbians nat in violation of federal consitutonal ight of equa protection, First Amendment speech, {sociton, option ight right vot), vacated and remanded. 116 ‘S.Ck.2516 (1996), rev¢ 838 F Supp. 1235 (8D. Ohi 1993) (order grant ing permanent njneion), make manifest the ne fr State constitutional | NEWYORK STATECONSTITUTIONAL CONVENTION 585 | Suzanne 8. Goldberg, Facing the Challange: 4 Laser Response At Gay Inia, 38 Ohio StL. 1.665 (1999. ‘Onislance fs consinsonal convention were eld we would support | incision of the fllowing addtional eaegois of persons ened tothe protetion ofthe nondaerimintion protections of sation 1 ect, na- tional origin, gender, physical and mental disability, age, sexual orientation | tnd marital sts. ene | civil Jury Trial Section 2 provides fora sight co jury tal in al vl cases. New Yorks provision is comparable to the federal Seventh Amendient, which ‘only spies oii las at aw in feral cour, nd fea ais at aw ‘tad instate court, The ght ry ira san otgal part ofthe checks ad Balances of our cil sytem of justice In 1967, he Association's Speci! Commitee onthe Consttutonl ‘Convention, which was frmed wo sty the need fr constitution reform in the wake of te Novem 1965 convention cll recommended elimina ‘on of he consiational usrante of ajar ain iil cases “witha view ‘nad itr carefllepsatve stay which can identi, fom ie to tne, ‘osearen of ei iigaton for which there shouldbe aur Special Cam ‘ites onthe Constitutional Convention, Bll f Righs at 4-5 (Ap. 1957. ‘TheAsoiton Civil Rights Commitee hs eonsidre its 1967 postion ‘would now fetain the constiuonalreqirement. While there is eurrenty much debate over te role of juries evi eases, we favor retiing this | provision and accordingly no consttuonl amendments ecommended. . Freedom of Religion ‘Section 3 provides fr “the fee exercise and enjoyment ofr iow profession and worship, without dterimination or peference” ol Seach exercise doe nol “exc ats of leenioustes, or esi practices icone with the pace and safty ofthe state" In cntast othe Fst ‘Amendment ites wot speak in absolut ems Rate, it maniates bale ‘osing the fre enersce of religious erty aguas hearst ofthe sate | ‘in peeserving the peae and welfare othe community" | = pdt ig ge an ee, | sesin Cott Rape. “Boe. Gl The rk Se Cosimo 4 Ryfence lle 38191) | iweb Te Naw tS Coutto een Cae Se Ma of Bose586 ‘THE RECORD wasn s ‘Section 3 has genealy bee ead in armony withthe Free Exer- ize Clause ofthe United States Constitation, In Mater of River Sith, 5 NY24 50, S15 (198), the Cour of Appeals decided a religous fee” swisanes he place tobe searched andshe persons or things to be sized Section 12 farther prohibits the “unreasonaieinzercepin of telephone and tcle- ‘graphic communications" a protection that is stattory under the Federal ‘tem Thi language, which follows the Fouth Ameodment tthe United ‘States Constition, was added to the Sat Contato i 1938 “The Cour of Appeals hs interpreted section 12 andthe conse- quences ofits violation dependent of the Fourth Amendment, and bas ‘xpresly held hat the State constitutional proveton aginst wreasorable starches ad seizure affords greater proetion.” Te bas ben suggested that the Sate Constitution be amended to ‘nscmonize tte ae ecaral standards fr exluting evidence bain a ‘result ofan unreasonable search and farther, to rete the power of the {Cour of Appeals to interpret the excsionary rule independent fom the federal constitutional standard" “Theriht of iene oe secure puns uneasonaleseachosisa mater oflgitimat Sate once,” and we see no reason fo equ confer: rity with the federal consitutional standard. Responsibility for interpret ing the cope of State constitutional protections want unreasonable search snd seizure, and application of New Yorks excisionary rl, i appropri ly vested inthe State. Farther development of New York’ exclusionary fale shuld be left the courts and, where appropri, tothe Legislature ‘Accordingly no sonsitonal amendment fresammended. 6G. Centralized Responsibility or Criminal Justice Unlike the Federal government and some oter sates New York doesnot have the equivalent of Departnea of Justice with a eentalized > Sane, Pape Sau 192647192 ining wo eel“ ‘ean Rig Nowonsenal sch ped ce od Syed th ‘lige nsoa ander secs Fale Hara, 17 24839) Ge ‘esas rppenson stan obed fe ot se liga al orants ‘ex boue ea woul ey seni whe ern ail coon ‘enc gad lee ape PM s8 38398 (1900 ole hrc 12 myers sow racing sun runner nara ts ‘nea fale seen a he owt Ani re del US os! oar seeto ane Pls tient Se Schon See Conn ial he Nw Sse oo pelt for Prine Dactostng, 2 ‘rsa Rev 11221 (00) See gee Ply 323032 372.2 (aig mba cat South ptr ape he Se ae a nea) Se Se 19X34 173,190 ing Nw a ei sory ing toe 82). [NEW YORKSTATECONSTITUTIONALCONVENTION 567 prosecutorial funtion hasbeen sugested by some that the system of aw {aforement in Now Yorkcold be made more efficient or ecmsomical an, ‘perhaps, more responsive tthe needs ofthe community ifthe prosecutorial Finton in New York were ongcized more long the lines ofthe Federal ‘sjtem, including the eration of department of jusice headed by the A ‘oroey General and appointed not lected, Dist Artoreys. A constitie ‘onl amendment would be requted implement any sach props. “The Consitaton provides thatthe Atroay General sale ested st the sane te and forthe same fem as the Governor and Loutnant ‘Governor The Atorney General is designated as te head ofthe Depa ‘meat of Law” andis not gnted any specific prosestoral powers or charged ‘with any parole proseztral dtc in the Constitution ™ By lv the “Atoney General hus civil and criminal enforcement responsibilities With ‘spec fo conmumer rau enviromental protection and aman ight, ‘compliance wit environmental ws, te operation of charitable organiza ‘Gone andthe regulation of condions af employment In cet specific {nuances deemed 0 requis enforcement on saewide lve, the Legis tare has greed the Atorney Gener procul authority, Fr example, In eae of Medioid fad an organi’ crime. Prior t 1645, Distt Atorneys wore appointed and the require meat hat they bo cleted was inetd wih the aoption f the Costu tion of 1846. The present Constiaton provides forte election of Distt, [Attonbey in etch county every thre or four eas at provided by la” I ‘he Comtason by implication and desl by sate, Distt Attorneys hve goerl esponsibility for th enforcement of Sate ad oa as with ther reepectve counties.” TA District Attorney is subject to removal by the Governor, aftr otic and hearin, fr far to prosecute a person charged with the vilo> tin of any provision of Arle XIM, such as misconduct or receiving a bribe By virtue of the Goverorsconsirtonl obligation fo “ake cae that he as ar aithfllyexeeted™ coupied withthe power of remo, ‘he courts have upeld the Governors dvezion othe Atorney General © assume the responsibility for local I enforement o he Governors ap NX Oona Nv.Comt a 64 NY Comt a 13 SeeN¥ Coa a6 6 Comat Law $5700 00, at 145 Be La § 8, NY Oona 63$08 ‘Te CORD, wusanes ointment of “peca prosecator” to supersede a District Attorney i er ‘ain circumstances. The pesgedlineation ofthese guberton power is not speci by sate. “Thetwo primary factors influencing consideration of posible change othe present system forthe alloeton of prosecutorial responsibility ae the potential for increased administrative and economic eicieacy snd the perceived ned raw enforcement esponsiveneast local concer, These ‘ctrs are sometimes portayed ay nkorentinconsientoriacompetivon ‘it ech other, abe thn complementary components of te same over soa of an effective statewide criminal justice sytem leis n! apparent tat 'my such incompasiitynecoerly exists, Given the diversity of New York Stites populition, the Iw er {orcemert neds ofits communities are bound and do, vary toughowt the state. The lel prosecuting auton, whether it bee Distt Attorney closed by the community or one appointed bythe executive alone or in ‘combination with the Legislatre, wll have tbe responsive to perceived local enforementconcers forth rina jsice stm tein th cre ‘bility and respect so necessary os prope operation nd fuctonng within ‘he community. Centralizing the election proces fer Dist Atornsys wll ‘ot eliminate the ned to adress local law enforcemeut concern, bu nay ‘ake it edminisatively more dificult and less economic to expend to {hove consemseffsizaly i ther ongoing consideration abd te llcation of resources is also centralized within a statewide rgaization such a8 ‘department of justice ‘Under th present system, District Atoraeys are responsive tthe Iw enforcement concerns ofthe eel community or they ae ot eleted. Although a mechanism for addressing an spoined Distt Atloreys ack ‘of responsivenes to local concerns Would key be adopted in some ash= fom, it appears tht the process, by ie very nate, could not bea ditely alfcted by the los community. ‘Areas of knw enforcement concer with statewide importance ‘impact have been adresse bythe executive andlepstve aches through the eminent of legislation ang the adoption of palsies directed toward such concerns. Because distil atorney bas the obligation to enforce Site laws, such statewide concerns will encomitay be enforced by the Di twctAtorneys Although the influence of he executive over sich enforce ‘ment will na be as diet as infuence would be fhe dst atorney wee subject tothe rection ofthe Atorney Genera (even fom a differ. politica pry than the Governor, the power af the Governor o supe sede a DisrictAtomey certinly has its own indirect fluence. Bot apparent that the theoretical gains inthe administration and economic efieiency ofthe erminn jasc system from alesing the NEWYORKSTATECONSEUTIONAL CONVENTION 569 seletion process fo dsc aomeys and centalicing th poset funtion in the Attorney General ora department of justice would cleary outweigh ‘he perceived Deets ofthe det respossivenats of the elected dst attorneys the av enforcement conceas and resource allocation prieies ‘ofthe fea community In part because the perception of ht reaponsive esis cornerstone of he rei of he eri otic system inthe Toca community asa consequence, tare iso presing nzed to amend the Consiton with espect selec of Dini Atloreys, Other means to prove the administaton, efficiency and credibility ofthe criminal justice ‘sjtem canbe considered ad inplerented bythe Cxactive andthe Legit tare H. Death Penalty ‘The Association has boon a longstanding opponent of the death penalty. Ina 1984 report, te Commitee on Civil Rights concluded that ‘stakes are net n its pplication, an tht he deth perl ico), Uarbarc and adversely fet the amination fst, dicimistony plied saint the poor and racial minorities, ands inconsistent with cur selerespect sa civliad people tis perceived by many that constitutional convention would be nlkely to adopt a provision banning the dea penalty and acordingy i ‘unnecessary to old a convention fer hat papese. Because othe histor cal opposition ofthe Association tothe deta penalty, if he desth penalty {seve wer ited ats constuionl convention, we would appov the aap tion of ny consittiona death penalty provision. ‘See Cmte Cl Rp The Dh Py 3 Te Rc 419Chopter 4 ELECTIONS Inportentcontiationel and statutory change ar nosed in the law governing elections. We suppor elimination of he con Stiuional requirement of bipartisan election boards, substi Fi af the term "domicile" fr “residence” ithe constitutional ‘residency requirement to conform t current practice and var- ‘us other changes aimed ot creasing the Lagltire¥ contol ‘ver election administration. However thewe changes or Best ‘accomplished by the Legislature isef and donot warrant call Inga constutional canention ‘Arse, governing Setrage, ses for the quslfietons of vote andthe manner of elections and authorizes the creation of bipartisan ‘Boars of Elections to sdminse voter registration and oversee elections * (Originally adopted athe Constutonal Convention of 193, the Sutage Article was the subject of significant proposed revisions ding the 1957 Convention. A proposed new Arle Il, drafted to minimize resticons on ‘voting and leave t ogisative implementation the details of administering ‘voting and elections was submited tothe voters and defeated withthe pro posed new constiation, “Article Iwas significantly amended in 1995 by the Legislature, withthe apronal ofthe electorate, oeffchatecorain provisions of to Notional Voter Registration Act collogilly known asthe "Mote Voter Law”). Those smendments sluded lowering the minimum voting age rom tweny-one fo eighten, shortening the residency roguirement from thee ‘onto thi days and reinatin of voter restation requirements Thos ‘ound amendeents had the support of the Assciton. "We suppor farther amendment (1 to ehiminate the conittonal rogaitement of bipartisan election boards, leaving election administration tothe Legislature: (2) to aubsiate the tre “domi” fr “eidonce” i the resideny requirement, to conform fo eurrent practice end (3) 0 enact teri other recommendations of he Associations 1967 Special Commi The if Rig tinal poi ht on sal be deans fay fh vi a pegs ee che "es tha oe {hohe met br er cp be epee pve ops ‘spr denn mere Bes cones RCo wt ‘es onthe Consttional Convention hat have nt yet been adopted. We ‘pposeattempis fo ads provision allowing he Lepsinare to exclude rom ‘voting persons ajuda to be mentally incompetent. A. Election Administration ‘Atle I ection & rogues that all laws creating, repuating or asfectng board or ofices charged with the dtyof qualifying voter, i buting Ballots to voters, oF recivng ecording or counting votes at les ions, shal secure “equal representation” ofthe two major plital partes, thd alin provider or the appointment of such boards and fier upon the ‘nomination of representatives of sd poliieal pars, as directed by the Legislature. “The restment of elestionadministation inthe Site Constintion ‘unique, Although der ther sateshavecostitationally-tased ogan- “ions to handle th adminisation of elecons and the resolution of i= putes arsng therefor, and albough five other states authorize partisan ‘erbership of boards ovescing elections (ypialy a probibition against {single pel party baving» majority ofthe member). only the New ‘York and Virginia sonstutons provide fr an airmative vole in the ap- poinlmen proces bythe major political pris However, New York isalone [neegirng "equal rpresetation of thet [major political pates" NY. {Comat arly § 8. As ares election boards in the state have an even umber of member, ual divided along party ine. This permits ether Insjorputy te block any offic ation nto king iliomsw Salerno, 492724393, 327 (a C1986). Bipartisan boards have been defended as necessary to create an internal check to keep elestion impartial. On the eter and, detictrs {question how impartial hese board are wi respec to hid pares, o in ‘Siministering primary elections (n which ony one major pay may have interes. ‘Among the alteratves suggested by ees ofthe present sytem ‘is replacement of board of elton with s corps of professional county Unity election administrators Bonde might be retained to exercise a (as adic fnctions, should be noted that the consttiona equ ‘nent er bpetsnahp applic onl to matters crcl avaving he gu Fiaton of votes andthe voting process seit Nothing inthe consi forexampla explicty requires that bipartisan board determine the valid- ity of designating and nominating ettions. Nevertheless at less sine 1894, © Gar sommes concen efor te pees by which comenios dep sd best fre Cis.sm ‘Ts RECORD wasn the entre election process has been administered by the bipartisan boars ‘This bears onthe likelihood tha delegation of athoity othe Legislature 10 rove, © A tt amen Helos aj 5106 sack edgier son conn oan noe ete men ua spl pen chapters ‘THE LEGISLATURE Gridlock nthe Legsln has rized questions concerning the adequacy ofthe contntonal provisions governing the tae ‘ure and fancion of the Laila. Me apport contol amendment vo areas: to mandote presentment of eli laon 0 the Governor for signature within a reazonable tine ‘fer passage, and creation of om indspendent commun with responsibly for periodic rgpporionment of leiltve d= bes, These changes could be complished by the Legislature and do not warrant a constntional convention. Matters relt= ing to the internal procedures ofthe Legislature ae generally ele to leptaveresolation, ‘The Constitution brealy defines th composition and arutue of th Legit branch ofthe State of New York ap well the proves by ‘which eislton (including amendinens othe Constitution tel can be crated. Wikia there broad consititional contours ites and he rules ofthe Legislature itself determine how the legislative process functions. ‘Consideration of the desi of a eonsttusonal convention fo des the Lepr wl be infored by he vote” sese of wheter the eit pocess succots, Cites argu tht the Legiare to often ha sed gic, insttonal sl mrs, andthe senda of poe eaders andnteret groups. Further, they aset that aay leiltors are underpaid, ndthat ch egisation iil-conceived in ay, last mint deliberations, ‘Whatever the eb and Now ofthe dep an bend of ave cit preferred solutions are ao controversial. In this Chapter, ‘consider he desirability of constisional measures that have been roposed to reform the Leisure and legislative proses, ‘A. Measures Relating to the Structure ofthe Legislature In 1967, the Association’ Special Commitee on he Consiutons Convention mide recommendation lating tthe fundamental srutare of ‘he Lgisinture* Thee ineluded recommendations regarding reapportion= “Se Spc amit oh Cesta! Comer Lepat Apert sent oge E‘ment (se seston E., ia and arecormnendation that Senators shouldbe lcd for longe than two years. Proponents argued tht varying theta lengths fr the two chambers ofthe Logishtre and avoiding having the centre Legilature evn fer lection atthe same tie, would promete more ‘esningfal bicameral. Aer ving consideration to and ejecting un ameralateraatve, he Special Commitee supported longer term forthe Senate of furor six years o allow 2 least one legislative boy to havea ito view tat was not shape bythe prospect of a virally immediate ‘eelection campaign, “The Specie Comite sto recommended that the sie of the Sen- sts be coustiutionally fied within «range (approximately 0 t 60) and thatthe Legislature fix the number within the rage. The sizeof the “Assembly tut, would bea fed multiple ofthese ofthe Senate. The suggested rato was ether tre o four members of the Assembly foreach Senator We avr the sretural forms that were supported bythe Special ‘Comets 1967, They are obviously constitutional in dimension ad ‘he event that there i consiutonal convention, tiey should be enacted. 8 Recall and Torm Limits "Aelol section establishes two-jeartermsformembers ofthe ‘Senate sod the Assembly, Tete i provision for voters to remove lil tors doring thei elered ter Fecal) or alii onthe murber of rms that ‘legisitrcan serve, The enacment of reall mechanist aad the estab lishment fer iit would require consatonal change, We believe that thee constitutional changes are unwarranted and dono vide justice ton for x contuinal convention. ‘With regard orc, the ple! prcess which inated by pes on, followed by vote, makes ite sense in the context o relatively bie, ‘woes frm, Thea of nunehing recall moverant ay cil legislators from making bard choices eal in their eens. Moreve, the Asoeation story opposes the application of recall public officals, particularly ‘esod members ofthe ji. Recall movements ae often products oF Sneehighy emtonally charged less, The threat independent, pris ‘pled desision making otweigh the bonefi of more fequon, diet par ‘eiaton bythe votes “The lepsative tom limit movement as enjoyed recent strength, ‘buoyed by the argument that too many epslatorshave served for ool, Tosing touch with heir conttuerta. Proponent of legislative term iit ange tha eave poltcine become beboldeno well funded special ine. tnt They point ou that neal Dal of he states and most ofthe ation’ NEWYORK SIATECONSTITUTIONAL CONVENTION 577 largest cites impose legsatve termini, and that ther rsctions have ‘been experinenting wih Finis of varying lengths” Tn geoera the practical effect of term liits upon legislators is tnknewa because of thelr cea vintage: Moreover, previous experience ‘with executive tarover provides enly limited guidance. An exceutve of ‘cer poa taking office szumes contro ofa buresserscy and has th pe= rogutve of spoining new cabinet of compissioners to ead the govern- ‘ment Supportand continuity typically are provided by middle management ‘nd civil servce workers who renin tough politcal changes ‘Aegis, however, maybe ess eipped than the execatve branch o handle large-scale trnoven”® Some opponents of rm imi that longterm representatives, aie wis the legislative system, are ‘more effexiv and beter abe to appreciate the complenity of lwaking, (nthe oer hand, some suppor of tr limits argue that long-serving legislators Became the capiveof special intret who Finance ir ca pins Incumbet advantages, they argue make long-term lessor ur Uestibl sn oserexponsive As heres lck of ina practical expe- rene with egisttive em ini, he wisdom of thet aoption cannot eas ilybe judged ‘A his oe we Blow that legislative tem limits may trm out to ‘es pooly-designed remedy bowie they cm ke ay the waters option to return an effective and popula legislative incumbent t office and de- priv a logiltve body of valuable experience and nations ently Unlike executive em limi lepsatve ermal arrelatively novel are rot been ested over ime and requ further stay andanalyss The Asso- ‘ton has at yt tak polton with respect legit term limi” Whatever the slime determination, we believe coattutioel conven- ‘ion would not effectively dass hisissoe at this tine (C.Measures Governing the Enactment of Legislation Generally “Ther isan inherent tension Between the ight fa msonty Day anit leadershipto contol the affair of legislative body and th ghsof ‘he minor party and te public to have asses to the decisionmaking = Se Commi on Govern es, “Te rpne am ins Anan” si hess 08 98, ~ Sie jinn ith ttn rm in ae sane eps rs, ‘toety wot ices tow “ SneComin on Gover i The ope Tam ln Amen 51 Te sod Ya Ma 150 abo Connie to Gaerne Bi, "es ‘emlinaee New Yo Gig 91 To eo 3,25 05,27 986)process, Tho sacar of New You’ legislative procese—the Lapses Intermal rules concerning debs, discharge and stung, and the jority ‘partys conference (which exempted fom open meetings requenents)— {rimes yields undemocratic eels. For example, 2 majority of the major iy party conference can preven th consideration of eislaton that would ave the support of a majority ofthe members of leisltvechamber* “The leadership, frequestly working with the Governs using powers grated by the Constitution (eg, message of secessity, presentment) and the egies ules can determine which ils willbe conaeed when wheter ‘members wil ave adeqaste ime to review he bil before voting oni and Snbeher he Governor wl be equred to ct within ten dysaf enactment of beallowed greatersometimes dramatically greater—period of time. ‘While the legislative proces in New Yor woul ene from sig nificant modifieeion ensure informed discussion and debate, we ream tend detailed study bythe Assocation and are not now prepared 0 wrBe ‘Contin or essary change As dzssed below, dont ble tat ‘would be appropriate to ute hess fsx at consittona convention, 1. Presentment Arts TV, section 7 provies, i elovant ar, that: "Every bill which shal have pissed the seate ad assembly shal before it boeomes a Taw be presented to the governor” Te coatintonal presemmentrequie- rent hus been interpreted by the New York Court of Appeals to bar the Legislature from “oeling” bill once presented an to require that once passed by both chambers ofthe Legittre, the bills must be presented 0 The Govetnr and got delayed Mate of Campaign fr Fel Buy. ne. Marino, 97 N28 235,237 (1995). ‘Once presented Article IV, ceton 7 requires he Governors sgn the bl oer te bill with objections (vt ) within te days (Sundays tncepted) or the bil automatically nice (anless the Legisatre has Finally adjourned in wich eas the il ely berome aw ihe Governor Signs within tity dys of sch adjoermeat Ta recent years the Leper bas ended o paste vast majosity ofleislaton toward th nd oft esion In 1995, 570 of 3 enacted bills ‘eceied fil Iepsative sein inthe inal month ofthe sesion, Beene the Legisature now nly recesses, nd never echnicaly jours the Gov mor often prevented with large volume of lesion on which action te roquired within ton a. STs wold apes a bil pron by 4 may ft mr NewyoRK stare CONSTITUTIONAL CONVENTION 579 ‘We donot fora constiatonal smendeat that woud override the Cour of Appel decisions that egies t be resented the Gow for when peo and which bar the real of bills once presented. See Matter of Campaign for Peal Equity, Ine, 87 NY2d8237. The conte tional powe to recall or indefinitely withbod legislation once passed i {consistent wth the smooth fuactoning of goverment processes. Lobby: as would be given a eontinsing opportunity to influence or deri lesila tion evenafler its pasted, there ea corstutonalcowventon, we would ‘Support eliminating any ambiguity with respect tothe presentment requis ‘nor, manting tht abl be resented tothe Governor within a reason thle ime afer tha passed both chambers ofthe Legisiatre, “Asta the eras of busines crated bythe ten-day window, We be lie tht Arle IV, sein 7 should be amended give the Governor a reasonable time to at on bls tht have been passed Wythe Senate andthe ‘Asset and which are presented js prior tangy cessor adjourn ‘nent In particular, the language in Atel IY, ection 7 could be amended {ballon the Governor tity des to atom bls presente jus ror the Lepisiatre' summer oes. 2. Legislative Dobate, Discharge and Starring “The Constitution doesnot establish rls Limiting the ime fore laiative debate or the process by wick gislton is ischarged from con- ‘Seaton by somites, These rocedre are governed by legiaive rules, ‘follows Debate: athe Assembly he leadership can sic contol he scope and manner of debate, For example, a8 general mater, no ember may ‘without recognition by the Speaker speak more than twice on any question. Sr speak more than fitesn minutes ta time, In the Seat, once a measure fas been considered fortwo hour, «Senator may move to close dabate If the maton lose debate wins the support of smarty of Senators resent, then the pending measure takes precedence overall ter busines Discharge: Inthe Assembly, 2 standing committe may be “ai charged from consideration of il or resolution only afer () atleast, {inp days arth il or eoltion was refered tthe emits and) 3 toons made with oppor om a majority ofthe Assembly. Furthermore, ‘any time on oar te second Testy tm Api no such motion maybe nade except with unanimous const of the members oy ntice gee porto the second Tuesayn Api tthe sre ofthe Speak No mon {schargermn beconsieredulessitas been onthe alent fora peridct five Ingiative days and thn only one sion i alle pe eisatve dy ‘Motion tistngs may only be ade by he ponsor ofthe il esol.the Sense standing commitee may notbe“dacarged” fom Des Dag, ited se Bais” Needy, ee 16 196 3 in ‘to steht goer ian eto pli hl i che nd ‘ous Ma ee Sates oS is Sern ty McCay os ste Fn on un Baio Fs 8 Dag ‘ier Lt. Gx Ae Oe Bly“ tng owe ys los Br srt Thy ea lei heb lope or ge ome ne), providing ler line of accession to the office of Gavemor by a public iin elected ats Stewie lection who recs the qualifications for Gov ‘exuor If the office serves uo otter anction, we nonetbeless recommend reining i ‘Crcting new constitutional ds forth Lieutsant Governor would ‘enc he enor xii ign ae he Lia Goat ‘or, funtion that is appropriately lefts executive disertion.™ A feb {sppreach allows the Goveraoro ulize the Liuteant Governor aa a= 1 ofroles depending upon the crcamstances atthe time. In ou view, the “icueeant Governor ole shoald depend on te personal nd profession reltonsipbeeween the Ooveror and Listenat Governor, the sill and ‘expeicce of ech andthe needs ofthe State, matters which cannot and ‘old not be provided for inte Canaitton- According, ao cone ‘ional amendment is recommended, . Joint Nomination of Governor and Lieutenant Governor Section I requires hat the Governor and Lictennt Governor be lected oily. However, the Constaion makes no provision fr jot m= ‘ation of candidates, apres conduted by New York polices pris. For many years candidates fr these offices were nominated at statewide conveations, which wadinall elected a candidate fer Leutensat Gover: foe who would be acceptable othe gubernatorial candidate. In 1970, New ‘York's politica parties began holding statewide primaries forthe selection of eandidates a procesthat can resulta nomination o and ates for Gov- tenor and Lieutenant Goverar who might be plicllyincompasbie. ‘Although it may be preferable forcanddates who are ected jonly to be aominitd joint, thi ia mater of polities party governance thts inappropriate for consttioal regulation. Accordingly, no constteionl smendient ie recommended __ Fling a Vacancy n the Oftico of Lieutenant Governor Sesion 6 provide that nthe case of a vacancy in the office of “Lieueaunt Governr or ibility ofthe Lieutenant Governor to serve, the 2 ms 5,8. me a le he Ho Coton ‘poe mtanion at Lou Gov ae Oa ate he {Seeratey eres he Canton Ter es Uned Ss View rate ‘ewe my sid spe pansy Wale i elo Bear of Exon fi sd ton ARs, wo Yen hed ofthe Whe Hone mei Coie ae qos Mishel Neon, Hea ey 688588 18 nBCORD wesans ‘Temporary President of the Senate “shal perform al she date of ieten- ant governor during such vacasey or nabiity” Article Xl, ston 3 pro= ‘Vides generally that [he legiltore sal provide orth filing of vaca ies inoffice, andin the case of lective oer 20 person appointed ol {vacancy shall hold his office by viewe ofeach sppoinemen lange haa the commencement ofthe plital year next succeeding the fs san lection fe the happening ofthe vacancy" These provisions led to 4m ‘year conc in tat posto afer Lieutenant Governor Alfred Del Bello Tesigned in 1986 to ake a private sector jck™ Governor Cuomo and the Tegislaureceached 2 tentative agreement to allow the Governor to nom ea sucess, subj to confimution by 2 majority vote of it eon oF | ‘the Sem and Assembly The Consution, however, was neve amended "The Tweny-Fith Amendmecr io the United Stes Coneiaton rovidesthat vacancy inthe Vie Presidenoy is iled bough appointment ‘ofa successor by the President subject to confimntion by both Houses of {Congress This would be an epprprate model for amending te Sat (Gonstition. Appointment of» snecesrr ix supecor to olding & special lection duet the preference for compatibility between the Governor snd Licuenatt Goveror, which eanot be aeued if matewide election for euenant Govemor were held: Under the ctcumstanes the high coat of holding special election is not jusified, Requiring separate approval by ‘oth chambers of the Legislature aster narination bythe Goveroy, i _sppropite safeguard in ight ofthe ft tat th appoinment kes the plc ‘ofa statewide lection. “Accaringy anamendent which provides forthe ppeiniment of 1 Liewentt Governor bythe Govern abject to confirmation by each Chamber af the Legislature inthe even of veanoy shoul be considered Like the other sueesson provisions discussed above, this, alo, int of sisi urgency to warrant consiationa convention, E. Exeoutive Term Limite “The Conttaton doesnt imi the numberof ems thi the Gov= ‘ermor and Lieutenant Goveraor may hold oie and hough mot other “Seeing Baap Geo Needy, e218 eS. Cont nen 200 § 2. Thien nas enced ei of sean ae ‘in ees fie Pra fe Uns Se prio cee io ans ‘dy dn ee sro Thess ey mens ‘Sevoxtuasn oth Vis Pesan Area ay taeda oe ‘eed cee papel Ten enna a, Pra states andthe feral goverment iit the terms its executives may seve, ‘xertive tem limits hould not be added tthe Sate Constitution ‘Propodent of exeetive term limits pont ou tht execatve rm limes base long boea the law in m0! sates, major cites and the feral government, As policy matt, erm ints cnstaia the execute inthe ‘rere of beoad discretionary powers, such as jc and other appoint- ‘ment allocation of goverment resources and eonzl of police forces. “Moresver, an exceuive who i able t consolidate power over te may bosom enienced nffetve, or worse. On the other and esis argue that in the absence of term Limits, the electorate retains contol over the ‘umber of trms an executive may serve, and tal Yes ean, ad do, ‘ove longstanding incumbent. "The Astociton has ot yet ake 2 positon with espect to exeat- tie tm mite Whatever theultimate determination, there no need tall consstaonl convention o addres this sue WSUS Can Amen + Sn Comme Carat Se, “The Pepe amin Amend” 5 The Rea 14445 958 a Capes Orono hl, "Res “eu Lina New Yr Cy 5 Th oe 20 0956)Chapter 7 ‘STATE OFFICERS AND CIVIL DEPARTMENTS, Certain aspects of the constationa proiion governing pabe lic officers and vl depariment shold be updated. We sport lardfeation of the procedures governing the filing of vacan- es inthe ofcsof Comptroller an Attorney General, ond lini ‘ation ofthe arbitrary limit of twenty el departments shoud be considered. However, here changes aren of uften r= _geey fo wurranta constitional convention AstcleY ses Forth tho duis and responsibilities ofthe Corptol- lerand Attorney General, provides forthe eeation an erpnizaton offi Apartments and defines the Tusctions of department heads, civil serves appoints and oter public offices. As discussed belom, although minor ‘djstments to Atle V shouldbe considered if consiutonal onvetion| isk none ofthe proposed changes iso en recy war ‘A. Selection of Comptroller and Attorney Ganeral ‘Unde AnicleV, sein I the Comptroller and Atooey Gener are chosen at the same general election asthe Govern, hold aie daring ‘hesame termand posses the qualifications equed for Governor nd Lise: tenant Governor in section 2 oF AnicleVThee hasbeen ome suppor for Tiling these postone by appointment athe thn lection, ‘The Compulle aed Atorney General ae the only two depart ‘ment heads elected diet by the people This provides them with atin Aepenence deemed necestary by vite of thei function as watchdogs oF {hz law and teary respectively" Ar noted uring the 918 Connon tional Convention, these officers havea peciiar elton” to the People that warrants selection by the People in statewide cecton “The Attorney General, the Stat chit legl officer, heads the De- partment of Law ands responsible fr supervsiog the legal afr of Sate ‘overnment. This includes prosseaing and defending actions and proceed ‘ngs on behalf the State, prosscting certain criminal defendant, rendar- "ie Pe Nei Se Consist Refrence Gde10-1 NEWYORK STATECONSTITUTIONAL CONVENTION $91, ing opinions concerning he effec of proposed consitona smendients ‘investigating mers concerned with be public peace, sft or juste, nd enforcement of legiition regulating consumer feud, emvitonmetal pro- ‘ection and human igh, Final, he Attmey Genera is permite o ap poor in ny lepal proceeding in which the consituonality ofa saute Is trough ino question ‘The Compulley, chief fica officer ofthe Stat, hends the De- pirtment of Audit and Conta. The Complies powers and duties include fupervision ofthe Sates expenses and revenues and the asessmeat and ‘aration ofl property. Under section I, he Comptroller ust matin ‘the accounts of the tte, pay the Stat pytol and other bil, eit the financial practices of ll Sint departments and divisions and public 2u- ‘toca, a well the isl afte ofall unite of oes government, and ‘invest the funds of and ote monies held by the State "The importance of an independent Comptrlir is underscored by the fac that although section 1 allows the Legislature to aeign sme Tanetons ofthe Comptole, it prohibits others as infringing on the Comptes dcretion. Indeed, i interpreting the Compilers des, ‘Ge cours have stressed thatthe independence of cleced oficial must not be compromised The Attorney Generals le asan inestigator, andthe Compolier role asthe State's nancial watchdog srongly suggest, if not mandate, that ‘hey offices remain independent of appeiniment by the Goveror apd ap- ‘prod by the Legit" Independence is best maintained by continuing Ao have the office of Comptroller aswell asthe office of Avorey Gener, filled through sitewide lection ind notthrouh gubernatorial appointment. “Therefore, we recommend aguas consitutional amendment ofthe duties ofthe Atornay Genera and Compt Nowe Sate Reboot 724 34 1996) = NxComan Mt "= Gate he ew or Site Consonant, st i one poy Oe Cn arr pa ‘ne catia tne mcd oh perma oe pes on™ [N¥- Conta fans oeon beth Conpeer eed rs 1 power aperture oe ove ‘eeu ay atm ye Leper apes {the Conpeer aor ha composng espns oa ltd fa etowon Cr 4112498, (Gata, Meow or Sate Coatinton A Reeene Cnet 101son ‘rue RECORD wisn NEWYORK STATECONETSTURIONAL CONVENTION $93 8, Filling Vacancies in the Offices of Comptroller and Attorney General ‘Under tection | of Arie “the lgisltre shall provide for ile ing vacances nthe offices of eomptolerand of atorsey-general Noclec- tion of comptroller oranatonney-general shall Be had except athe ine telacting 4 governor” Article XU aoetion 3 farther provides tht “he legislature all provide for fling of vacances a lic, and in case of ‘levi officers, no person sppoated ila vacancy stall old hse by virtue of such appointment longer than the commencement of he olit= ci year ext suoonting the fit sens lection a he happening ofthe ‘aciney" These provision came tothe atention ofthe palo 1998 wheo “Atomey General Rober Abrams resigned athe office remained unfilled. “The extended vacancy received some police" In 193, the Senate 4nd Arembiy considered but didnot pss, proposed amendments tthe Contitation andthe Election Lato provide fran election oil vaca ‘erin th offices of Comptllr and Atorney General atthe frst genera ‘destion following th vacaney. "Thor aan apparent inconsistency betwuen the specific provi= «on frfillng vacances in he offices of Comptroller and Attorney General fn Arle Vand th vacancy provision for publi officers generally in Article XI Anil XII authors tho Logistatre to make an intr p= ‘ointment unl th “sonumeacement ofthe polical yar next succeding the fist annual election after te happening ofthe vacaney Artle V tthorizs the Legislature to "provide for” filling vacancies inthe of fices of Comptroller snd Atorney General and requires that "(ie comp- troller andthe attorney genera shall be chose atte same general eet- tion asthe goveroos" If the specifi provision is eonstaed to take prec fence over the general provision, the Leilature las the powerto appoints Succeuor to fill «vactey in thes office to ere te etre unexpired In fight of he unique statu of these oie ashe only publicly lected department heads andthe spcil acd for independence inthe per Tormancs oftheir dats, we belive successors to fila vacancy should be lowed the firs opporaity, consistent wit other public offices under ‘Ante XII, section 5. The co of boldng a special lection, although not inconsierbl, outweighed by the beasits be gaived by maining "ML Neto, Blame it ty, Ney, Sop, 19,196 i> ation Sting Of oa ener, NX. Ts, Sp. 5, 19, Bal Kel ‘me tin Arey Gea Ten, Do 138; Ro einige Phan ‘pn eg area Die, ut Ne Sp, 198.2. "The" yet calendar ea Coast HL the independence ofthe offices of Comptroller ard Atorney General and the infreueney of en unexpected vacancy. “The proposed changes not of elfclenurgeey to warrant acon _simtional onvention However i's constitutional convention were held a “meadmestto provide fora special slcion fills vacancy ithe office of (CompuilerorAtorney Gent Be held athe next general election dy fer the vzancy occ should be considered." . Limitation on the Number of Departments ‘Article, scion 2 provides “There shal be not more than twenty il departments in Sate goverment, including those refered to in this ‘onsttion. The Legislature may bylaw change the names ofthe deat ‘ments ered fo in this consti” This imitation, whe eppary ‘rblrary, fas piven ie ile controversy since enatmer in 915, when a constaonal itstion onthe number of ex ve dapartnents was ist considered New York's departments and buat ‘numbered 152" During the 19205, the number reached 157 Because de- ‘partments had overapping and even dupiestive esponibilies, tester ‘was iefiient and eas often Acultt hol anyone acebuntable. In 1025 consitonal amendment wat approved by the electorate fo con solide this vartaray of nites it eighteen departments. A 1943 amend ‘ett aed the Deparment of Commerce (ter replaced by the Depr- ‘ment of Economie Development) anda 1989 amendreat aed the Dea- ‘ment of Moter Vehicles, binging the otal number of department to twenty ‘The Lepsaureis ee alter the names and fnetions ofthe parents.” ‘As the twentth centiry has progressed the sie, role nd ssope of ‘State government a cotined to expand The consitutina limitoftwenty departments as pce romlladin lrg erase inthe size and beadh ‘teapots of some of these departments, Today there = rae: Tas ao sob ade cneming sede ie syactan I ld be Ne RY Cont MED "by eet rin ey Como i en sare sion pps selon S's Deparment Ar Sine ade Worms Cain Agni Tone No 18, slo 1 Suc any, 19 Mie, 222,226 Sm. Kins Cty 1999, ‘i78m oSee Fomr Ole Patby.ennD3E SHEN Gaba oa. 1 NY Gos a 92; 4 ek Sa oot 502 1996.98 ‘THe RECORD sausanes tion of agencies, boards commissions, council divisions and offices that ‘come under the umbrella of the Exectve Department alone." Because ‘hoy ae not department, the appoints that head thes unis are not con Fired by th Sent,» consttatonl requirement for beads ofthe twenty departments As apasial mater, exemption fom te Senate confirmation ‘ejuirement for herds of agencies and bares that funtion a departments shits power fom the Legsature to the Exec. Tribe need fora ew deprtnent should ts, theLegieatar as numberof options, including amending the Consittion on a easeby-cae Dass cesting a emporzy commission or pblinuconty instead ofa de- partment and eliminating consolidating one or more exiting departments, ‘lowover the consttutonal imation o twenty Separtments arbitrary and cally evade. Accordingly, iF consttuonal convertion called, elimin ‘on ofthis limitation should be considered, bu ii nota ma of ent urgency to warrant a consttioml convention, “Te owiehe ene a on he pit ot Ene Depa sve: mck a Ary Ot Ao fre Distle Oise o N= ‘ico ale nd See Ae Servo Cuneo rs Ds uS- {Ge come: rans Dan Se Commaon Coin, Couto Cte? ‘oes! Dabs Panning Cue Otte of Emeeny Mugen Oe of roe laa ane Cne! Sou es fee Sroner Doe og ‘Tenmny Ree Dace of Hamer iis Gea epee {Fae Sfay Comes Dotan of Coney Son anys Naa fai OF (tion ie oot fan con Cros lente Se Comins ‘Guy Cae rte ely Dal New Yr S ng a Wagering Bear Ral ary Sevens Sine ltr Aub Dn af Se oe Dros of et ‘Ai Dt ir san Boy re Now ke Reson 5-5 Oo Tra seeae Oi! Dror ofthe Cy af ew Yo 37098199, NEWYORXSTATECONSTITUTIONAL CONVENTION 595 ‘Chapter 6 ‘THE JUDICIARY The Associaton ha long supported meitselectio fudge, merger of ral cours ofrecord into asngl cour, creation of ‘ith Departmentof he Appellee Division, increasing the mon ‘tary Jurisioon of the Civil and Diet Courts, according Housing Court judges the same stars as Civil Court judges, Improvement of th procedures for cerificelion and removal of judges, and implication ofthe relevant constitutional tall of which would require comprehensive constiationl reform of ‘he dilary Aric The ned for eonsittiona eiion inthis rca sare nd thre ite rik ofedveree change Viewed Stone, we may have supported a constinonal contention as method by nich needed court reform could hove been achived ‘ighod agin! the iss other eonstatonal provisions, how ‘ever the ned for amendment his Arie i nt sfltnt 1 Jus callng a constttonl convention. Antic VI, the Conatstatons ale othe judi, i substn- sully more comprehensive and detailed than any oer part ofthe Const fon Ie therfore nt suprising tat virally any signiant change re "ating the judiciary requires conatuona amendment. While effrs to ‘ake some ofthese changes have been made over decades, the Legisatare Is beenrelvtant fo consider constiuional amendmen which would ef fect significant change inte way judges ae eciod r cous are oga- ‘ied Judicial selection and cou roqginization ex, merge ofa eos) Sethe Associations primary interes inthis area er iss involving [Artol Vi, someof which require or merit constitional change and thers “f which dona, at ls discussed in tis Cpr The ned for consti ‘onal revision of Arle Vis great (whether acsompliste by conse ‘onal convention or egislatve amerdnert), andthe risk of adverse change fn thie ae smal "On March 8 197, Chet ge iS Kee nn» poo nerf east iter oye ration ih a Da ‘on snd we cout wt ct be needs tw jig ot gts Spor omeye fleas asl ded neon of Case ‘rnp re cena tere ih apn a rss596 ‘He Recon wiisnes A. Judicial Selection ‘We believe tht the Constitution shouldbe amended to provide for ‘he mest selection ofall judges of out of record By “mer selection” \wemeun the nomination ofa limited number of wll qualified individuals fora judicial aceny by a diverse, brond-based committe composed of yes and norlawyers, pointed by wide range of exeetve, legis {ve and judicial officials and possibly invidsas no associated with gov= frament guided by standards that look o experience, ability accomplish ‘ents, temperament and diversity. The hist of nominees woul be presented to. responsible and accountabie public offical or body, who would be re sued to make an appointment or delist within ited tine period ‘That choice shouldbe subjestt sme sort of popula check, preferaby by Tetrion election or eonfcmaton proces. “Merit electon” is diferent fom “mer screeing” and what some ‘have termed mer election” Inthe cate of merit scoesing, «nominating insng authority the name fal candidate Toundto be qualified. Inthe case of merit election, nominating eormitee propose aimed number of narestoa partisan polit body frits om ‘aon or endrsomest, but he inal choice is made by political leaders or nominating convention delegates and the ulna choice i made by te lector, ‘Oncaf th prime resons behind the ersblchnent of this Absocis- ‘ion in 1670 was isatisfction among members ofthe bar sto the method of telection of ages, amely by the poitcl“esdership” of Boss Tweed ‘0d Tammany Hall Inthe iaervening 127 year, the nate ofthe concern fas ehanged Somewhat, bt the underlying defece stl remain: he sytem issuscepletosletonof iil candies for reasons other than ment "Those men and wore who have been lected sJstics of New ‘Yorks general ardition tl cour the Supreme Court, Were chosen fo runby judicial nominating conventions All other eleted judges are ub- jectto party primaries. Once nominated by whatver process, hese judicial Candidates ust sek support fom the electorate ina general election. Ne ther ofthese methods ie designed selec the best posible judges and both scourage well-qualified individuals, not previously active in polite, "> "oat fea” eno nal cure ae ten wna vie cour tee presser) ed mot et ye th erie ge “Te fobonig nes we de: ops he County Cor, up Cu, ‘any Cur ont Ne Yr iy New er Cy CC, set Car om eat mio ge ne NY. Conta Ta 120), 13 3 1, ma. from seeking judicial office, unnecessarily limiting he poo! of potential igen In most pars ofthe state, judicial nominees ae chosen by party leadership, fequeiy as rewards fr past public or party sevice and at ‘best, with ancillary concem astoquaiieatins. Even n those places where screening commites must pr-clear nominecs, one ptontal nominees “re approved politica considerations, rather than relative merits among the ‘pproved group, bocome the motivating factor inthe choice ofthe ominee. ‘The most powerfl party faction, of coalition of factions, wil contre! convention choice Now York's arcane election laws, with tei ngoreus petition requirements, make support by party leadership or aoe 0 sub- Santi financial resoures vial requirement for primary election sie- cessas wel Tn the genera eetin, one politi pany frequently dominatesto such an extent that nomination is equivalent o election. In primary elee- tions and in those few arse where general cletons are truly contested, ‘money most be rized primary fom Imjere—to finance elton cam pugas In these campaigns, candiates pronounce brood pattoes ince {he Canons af dil Bs forbid a uge ora candante for judge fom speaking on issues key t come before the court. Unless judi eontest hs traced significant pressor editorial page anton, ese voters who ‘other fo cast ther ballots appear to do so on the basis of party, gener, pereivedetniity or ce, andimpressions created by campaign advertise. ‘mens adterarue rahe tha othe bass of quaiiation, nto which ‘hey hve minimal formation. ‘Athe end ofa term, the judge, who hasbeen required te abstain from polities, i equvd to reenter he poiical sphere ahd convines he curent party letdership to renominate him or her fr another term In order ‘0 encourage renomination atte end of 2 term, some spouses of judges become eel atendow aud contributor topart and candidal andres vets, yas before ther spouse sterm is ef expire. Some judge, espe= ally those elected to courts of iit jurisdctio,rutney declare heir ‘ven canddacie for oterlesive judicial office without any expectation of| ‘ccs, otha hey may themselves tend plial functions change a Party leadrsip the ned satisfy power consttuences or ftons, or "hunger in partizan poe! enrollment can eat oan incumbent adge losing renomination tnd election, None of bears ay reaionhip othe jndges uaifiston r performance. “Adtonally, te posit thatthe current method of jul s- ‘ecvon voles the federal Voting Rights Act, a lam current in tigation in federal District Court, bghligh the fing f the lective system. We plait elecion ofaos ‘Ts conn waLsanes NEWYORK SIATE CONSTITUTIONAL CONVENTION 599 cs om sal Judi iit ther th rn connie an ger ‘dice™and below tht t wold eau ie noon mbt oe se ‘spp oie nd nancy lorcet caren icon sod “Thee ae cour the menbur of which sera ied by spect Co ot Appeal Applies Spee Caan, Goer afins New ork cy Comal Cour nthe Fry Cour wit Now York Ci Addon, te Geverbe Mayor of New York iy nd Sears spervisers(now countess in sea Sulcus tine the poe il iein vacances on al led ene (xa, toon an vilige coe) ol text geer! leon ‘fal tee oty te lection roe forth Cou of pple ‘emanated yer th Constion otto ™ Te Commision F- ii Nomen rte Cou of Apso the Contaton ye tetera 7 scompostof tev embers pone ye Coveron, ‘Sh nde nd forge nde, Desi Pore asin betwen the Commision the Governor dh eat conering tember cf namestote ibid she Goer he Common ich Sethe ben vated ye Legit ete sd the oral ony ofthe Conmmssn ts ment lon pre et {tant sven proses eb that he mest econ process tan beon scala thse perms nominee by te Conan ‘wll tho chonen bythe Goveroy hve bean ela ‘Stnteatgrowne gender es end ei and ein igh een, The ‘Spine he Connincn ay hw lel san on a ‘tis for these reasons that we believe that there should be constitu- Sony essed ment slectonprcedres fr the appointment of al = Inet Howin et fhe Ne oly Chl Cae, wo mentee leedner re Vi rapa Chi esi oe poms tie Advoy Coin re Houma Pt NVC Ciel Cou ht eg). Wee Ny oulsbcome rile ps ne met soon pss, Server, Sexe, Dail Wie Acne Decne hy Bat Apne of ‘aa il et Sete" NV. Si 1 196 1 omnes "Teapot afi eo eta ele inn mee dea te independence he Commie (uay Pest sh Cana soa ‘Comat ust Adio, “Rear enh Gonna Us empry a= ‘3 Saaning Commun Th aan 7 (19 ong ov a sy blaine perme scl rening pny Cosel oc Admins “apr on Nemaunn ao Cantino Cnr fC gr” 2 Pa ond 3 (187 ling 50-y pn comnon pri fr seminon n btresnie fot Cosme spe, Jadges othe courts of record inthe Sine of New Yor. Those procedures hold rice brosd-based panels of bot lawyers and norlewyers, ap pointed by multe autores with ue regard o pola and demogrphie ‘ivr, chnged withthe responsibility of womiating limited mumber of ths best qualified individslto an sppining authority. Qualification for dial selection shold be determined on the basis of experience, abit, Accomplishments, temperament und diversity. We belive that the appoint ing authority should bo persed song the Governor, mayors, county ‘cules (where they exis) and county lepsaires, We further believe that ‘hore should be some method by which appoinanents should be reviewed preferably by asetention election within the Ft few years oF judge term, ¢ lteratively, by a confimation process. B. Merger of ral Courts "Webslievetha vill al of tbe tal courts of record shoal be ‘merged into on tril cour, with all judges having the same tern of office nd receiving the same compensation, ‘Anyone whoa ned to desrbo the loven diferent il courts™ ‘in New York knows that thet i ite jusifiatin, other thn historia a= cient, for oar arour court The mali of cous ineviubly leads to ‘confusion among iigants and atorey, increase administrative expense snd addtional administrative procedues rogue fo aig judges where nd when they ae required. The fagmentation of juristiction frequently vents tigansFom obtaining reli in one forum. “The most exreme examples of fragmentation acer in domestic mates The Supreme Court has sole jarisdieuon over divorce, whe it ‘hare jurisditon over custody, visiuton and support with Fay Cour. Ta New Yr Cy te Maar Ady Commi oe ty ed i rece) hr fond wl ais oe spony wey ye The ‘cay wee ory su enue eens nna are cine ‘Suni Weems spermine ouch welt nya ef "wld es! mar pee Coa, Cau Cont, Ca af ii, Swope Cr amly Cou, Stet Cr, New YC Cn ed rin Cots tse ne they cos oie New Yn hy Wise teary Law 210) ‘Shera ey cue ar care fragt 98 bl eo of teh ‘our taut Nor ere iy wee ine do ioe pppoe ‘Since al ie eestor oe "Sapons Cou Cay Cur Court Cans, Sera Cor Fm ou, ia: one New Yor Cl Cnr New Yo Cy Cia Coy ows os (digs rsooo 16 nEORD sas Incidents of domestic violence can be adressen family offense proced- {ngs in amily Court and if serious enough, i riinal prosecutions in 3 local criminal cour (Ciminal Court, Distt Cour, ore, village ot ‘own cout), County Cor o tte Criminal Term of Supreme Cour, 3 swell Ifthe moniad spouse stops paying eto ifthe level of domestic vio= Tenoo sch ht he landord contends it reaches the ese, issues relating tothe possesion of al propery may ned to be rsalvedin Housing Cour. Finally arearagesin maintenance and child suport canbe sought by sep rate esa in Chil Court "Amerged singe tril court ere unlimited jurisdiction would not lost sls and expertise af judges or no juicial personnel who had ‘been serving in specialized courts, since is ieviable tha merged court ‘would extablish those prt pecerery to deal with specialized maters. It docs atan that if tere it not enough wok to keep a judge occupied ful ‘ime ons and estate matters, for example, be of she would be avaiable o resid over gener civ or xiinal mater tals meaasthat new judge ‘whose expertise had buen trust and exate mates could be assigned to work ‘on those mater, ogee wih th jadge who had been working on them, ‘en if prior to merger he county had oly ove Surrogate "The cure fragmentation of courts has led wo a Merarchy where ‘uch of th gation involving gans tthe lower end ofthe soeo-coo- ‘omic ler ished in courte wit ower sources and where judges and toma personel are pid les than in those courts where wealthier Tigons have their date solved Theres, however no necessary eorre- Inton between the court andthe complet of ease Merger woul bring use top closer o “Equal Justice Under Law” Merges, even inthe absence of merit selection, would also mean that al judges ofthe merged court wot be eligible for sination tthe iat Division, The chron equrement hat designation be lite 0 Supreme Coutusices deprives the Governor ofthe ability 1 choose {rom the mos qualified of aljdges, aot merely thse with sufiletpo- Tiel supporto achieve Supreme Court election, "While tone level merger wl increase cost fo sais and ben fist sam nvesnent inthe fare of aly untied cour system which ‘rll reduce carrent neon for lawyer an itigants adversely ected bythe carentfiaginentation Aspartof he neqsliy among oul cours, {ges andnon jl percene performing similar work or work of simi- Taceompieiy indifferent cours receive difring compensiton depending solely on the nats of parol eout in the hierarchy Historical, bad fet for iain technology, furniture and supplies ave varied as wll Increases in clrien to achieve parity could be phased in over several years to deal withthe fsa impact Moreover, merge shoul overtime rest in NEWYORK STATECONSTETUTIONAL CONVENTION 601 ‘iciasien and cos svings al personnel and facilities are avaiable for {all wlan. We bsive tat merger’ costs can be mae aceptable and ‘hat ite boefit to tgant ir worth the expected fsa impact . lesues with Respect o Particular Courts 4. Appellate Division—The Fifth Department Given te cutent overvelming spd imbalanced css load among ‘he existing four Deparment, wo believe that the Constitution shoul be mended to peanit the Logistere fo extblish Fifth Department. The boundaries fo new Department ae property mater of polieal concern ‘beset to the Lepinlaire. Although we areconceroed withthe cst neces suslyInvlved in erating another Depatct, we believe thatthe addi- ‘ional costiustifed, Funding for anew Fits Dopartmentsboud not et In insaiciene nding in existing cours, appeliat and otherwise. 2, Monetary Juriietion of Civil and District Courts In November 195, bya narrow margin, the electorate destined 0 approve an amendment tothe Constton which would have nereased the tovenryjrisditon ofthe New York City Civil Court to $50,000 frm 525 00and ofthe Dstt Cour, whichis oni in Nass and Sul Caunsis, to $50,000 fom $1500. Weblieve hat New York current crazy of teal cours shouldbe merged into one trl court of general justin; pending ehievernt ofthat goa, the juristction of those courts should be Increaed to eflec fhe impact of inflation, last eal wit in 1983 3. Housing Court Judges ‘Aithough ese judge, hose individuals who preside in the hous Jing pats ofthe New York City Civil Cour are not constitutional judges ter Arle VI. The responsbilises hey exercise ad he workloads they ary do not jet eating them dtc fom Civil Court judges pr- ‘iting in eer pats oF te Civil Court. They shouldbe made fl consti ‘onal ages, appointed purse o& ment sleton sistem which would Se Prt Reo Cami fr Maen Cason, 1987 sing al sasosoftortmaterstet non Faso sul lms Whe) supa: a4 ih Dap ftp Dean Tn 8 Now ‘epee a. 198)wuss continue the current equsements of section 110 ofthe New York Cty Civil ‘Court Act aso particular requirement of experince and knowledge.” D. Other teeues 1. Certitication of All Judges LC New York's til cours were merged into a single court of gen ral jurisition all udgos ofthat court would be eligible for eriiation ‘ntl the year a which their soventy-sisth ith preached Cute ‘only judges ofthe Court of Appeals and jsioes ofthe Supreme Court are tlie ob eritiatd and ony to sitin Supreme Court NV Const at 'Vi,§ 250). Bven fmerger does ot occa we Belov tht al judges of the County Cour, Court of Claims, Surogute Court, Family Cor, Cia] Court, Civil Court an Dist Cour? shouldbe sie fr ceriiaton ier retirement at age seventy, subject to numerical limitation o be ie posed bythe Legis, Mandatory ttrement st ge seventy deprives the coutsf tasted and experienced men apd women, many of whom are serving 36 Acting Supreme Cour Justices when they rach cetrement ae. The sue should ‘be the ability to perform the required work, not shronalogial age, Tere certainly isn jsifeatin to itnguish between judges ofthe Court of ‘Appeals and Supreme Coart and all tr des, [A the same time, wo are sare tat might not be practical to cerfiatall eventy-yea ld judges who ds and are capable of contin ed sevice. We suggest thatthe Consist be ended fo permit ett cation ofall ges and that the Legisltre be equine f stun ‘numerical cap, without epardo cout onthe aumber of ages who ea be ‘erifiated sowaly. dyes shouldbe ansgnedwhete need, ot sey to ‘he court on which they st prior to reaching age seventy. Aditionaly. we belie the curent sytem far certification shouldbe stengtened by lpi lation which would set forth in pear dtl the cera and metbods sed to datermine the granting ordeal of erificaton. 2. Provisions for the Removal of Judges The Constitution crrely provides tzeo methods fo the ema ‘Propet enim the Nw rt Ct af ah 190, “Tha on jag ne ite! be nig cour te wise, Goa ae ng 6,08 ‘of judges: The Commission on Jidicial Conduct, impeachment and a {hid procedure, called “removal We believe that the later two proce «dre shouldbe combined int ingle prosedure for impeachment udges are the only costitional oficial who can be removed ‘om office hy thee separste mean, and we see no reson for hie ul plist of method, The provisions egsding emoal of judges oF ll cours ltr than the Cour of Appeal andthe Supreme Cour ae eapcily pect is, reqang he Gren fo recoounend removal apd te Sent cone by 1 twos vote of al fi members It th oly procas which clues Datcigtion bythe Governor (the Govemors no fle inthe removal ofa [dpe of the Court of Apps othe Supreme Cour, rin the impeachment ‘fay judge) and which excloes the partipation of the Assembly. ‘We do believe that there should be & method remove judges in sition to the Commission on ada Cando judi discipline should et be insted completely rom sain frm the poly eleted ss of ovement. However thet ina usifition, oe than mut Bison for {wo methods of removal addon ote Commison on ual Conduc.™ ‘Wit espe to impeachment, we suggest thatthe members ofthe Cour of Appeats not be inte nthe court othe lf mpeachment as ‘he Canstution curety provides. Given the Cours role in the judeal, ‘ispline process, the pssbiity that it might bo ealled onto determine issues of tw ith resent to impeachment sd the political mature af he ‘nmpachment proces, we believe tht equi participation bythe Cour oF ‘Appeals in the eal of peachments is mapproprate 3. Simply Article ‘Merger of alia cours ws esl in the simplifiation ofthe Jociciary Arle, as thore would no longer be a noed to speci ia gest, NN Coat at 42 8 Nvcomt a 424 NY. Comt V9 25. ed of he Cut of Ae al sof ‘prone Cu se eed ensues tlt of Lagasse ‘Bevo of ec ou te Legere NY Conte Vi 428) dye oe toon Cone VG 3 The tin at eel pois ofthe Connon wr set sed as i 19. Ser geo Fo fal Sesion nd Cour ae [SS acm sd ia ispendne Te ne ai Daan Ce la Uetetaditae Ste Sent! ar econ 6919808 ‘THe RscoRD, washes etal he jrsition of “inferior courts. Even inthe event ha merger not achieved, we beleve that Arle VI should be shally simplified, ving the Legiltere the suthorty to determine ists of monetary and _geographicjrsdiction_ Ashe Constitution errenty stands, certain courts have ec monetary juristiction st ot in Arccle VI (eg the Cl Cour), hile the jariditon ofthe course subject o lesan (eg the Di ‘wet Cou). “The Consition need do no mre than extalsh court, set forth ‘minimal deseiptions of thir composition nd juridction and provide for ‘he method of selection ofthe judges of those cours. Theres should be ltt to the Legislature and adminisators ofthe unified court system fr their determination ax situations and needs eolve over tne, There sno eaten the Tudiciry Atl shouldbe more tan one-quarter ofthe Consiions ez eng NEWYORK STATECONSTITUTIONAL CONVENTION 605 Chapter 9 STATE AND LOCAL FINANCE AND TAXATION Curent consiationa provisions governing State and lca nance and taxation ar outdated and inadequate, puting New Tork and ts localities at a ditinteconomle dsadventage De- spite the need or comprehensive reform thse provisions, the absence of corel study ofthis complex tse and recom ‘mendations or reform. aconstutonl convention would hare Tie hope of achivvingsatsfactory change ms rea. Me sup or! the creation ofa contntnal commision sty hese {sues and make recomendations for reform by the Lagislare ‘ra future constintional eomvention ‘The State Constitution abounds with detiled provisions intended to secure the fiscal eth ofthe tate (Atle VI) ands localities (Arie ‘VIP Forensay years saben! concern has een expressed so whether ‘he complex procedural and subsantive formulae contained within te Con: station accomplish ther purpose or onthe oter han arial enc ‘ber fiscal planing with outst poiiealconsans. Cres ite perenn- ally te State badges, the Stat low credit rating and relatvely high axes (eo the Stat incre tx i considered in conjunction wth fees, sist ‘taxes and oal ees), Aditonlly the massive amount of "non gusranteod <9 the unfied infasacre nod th flee thease long- ‘er planing are tke ications he caret provisions, taken 8 wine, donot work. Sa eg, Goldnark Cramision Fal Report at 1-1 In Api 1967, the Associations Special Commitee onthe Cont- ‘uona Coaveatin issued reports considering the ned fr consiitons! reform inthe aes of Lace Government and Finance, and State Fiance, Taxation and Housing and Community Development. Those reports ex ined in desi! the constitutional provisions relevant to these topics andthe historia development of those provisions. The Special Commits concluded that many ofthe provisions, eluding restictons on thei oF fxn of ‘tte money and coi, Stat ad oc ot and State and loa texan, ‘required amendment, and ade a number of pecific recommendation for change. Se, Special Commits onthe Constintional Conteation, Local Titernisudto ners dete eae y ss tt die fens hermes vey pin os geen ers ms ae epee ‘or cpsng eit pepe, sed rps sna etn606 ‘He Recon wuss Government and Finance st 15-2 (Ap, 1967}; Special Commitee on he Constharonnl Convention, State France, Txaton and Housing and Com- ‘munity Development (Ape 1957) ‘Similan 1979 the Amoviaions Commitee on Municipal AF. {hie ssodsreporthatincloded a detalled proposal fo revision to Article VL. Sze Conmite on Municipal Afr, “Propostls to Stengtsn Local inane Laws New Yok Stat” 34 The Recor $8 (1978)-The Commitee [ighlighted the need fr reform in conmction withthe pian lon provi sions, Salesecured debt, det iis deficit financing, bond antpation ‘ots and regionalization, ‘We have considered the Reports of the 1967 Special Commitee, the 1979 report ofthe Municipal Afar Commie ad reports by numer: ‘ows individuals, groups and eter Association Commitee. We wish 0 a Knowledge in patel the work of Frank Nauzo of he Fiscal Policy Ins tate and ails by Professor Richard Brita and Robert Kerker ™ We have conch tht change is visable, as described belo, bat that he ‘change would best be developed by an intrdtipinaty task force of p= fessonale—atormeys,secounans, financial expets and government oi ‘also could deliberate witout he ie pressures and competing = ‘mands necesarily imposed ata constutonl comenion. The task free ‘Should hen propose to the Leritre a package of separate consttational ftmendients that would enable the State and i locales to teaghen where necessary, gun sl health “The provisions respecting Sate and los finance ae, of couse, incrtlta bt for parpoes ofthis analysis we lave categorized them 36 follows Statebudget process, Stat taxes nd dsb nlc taxes and eb, ‘A State Budget Process "Ulike moet sts, the eel framework fr New York Star's bad gt proces is se forth n grt detain the Constitution (Article VI, se tion I hvough 7). The Governors required to submit anally to the Leg Jaa budge along wit bil fr proposed appropriations and evens” ‘Thihasboen plemented through he adoption of five separate ppropit- Aion bls, known as “budget bil (2) Sate Operations (appropriations forthe operation of exe ‘rte branch departments and agencies); ia, er! elo Gd Cos Sf Bok 118 1% Rn Sat Gorm Panes Golimrk Commioen Big Be 15 Coat a 3 Sate Low 26, (2) Lepsaive and Judiciary Budget; (G) Debt Serie: (@) Aid to Laclities (eppropitions to localities, schools and ‘ter pi benefit arpraion) and (6) Capital Projects Bl appropriation for capital construc- ‘onby the Sat) In aditon the Governor submits a numberof ils, known a8 °A- tile VI bill" cootining legislate proposls designed to ruse reventes or desc program modification or verganizations necessity to inle- ‘ent he bulge. ‘Badget bills mst be submlted atthe beginning ofthe calendar yee’ Thote sno conetationl deadline for adoption of «budget Hom ‘re the State Finance Lae" sets Api st asthe Beginning of the fsa $year This mean hat appropriations authorized the previous yest may not beige witout reasthorsation oa new appropriation. Tn effec, the State loess authority to spend money unless action is taken, Parte, the CConsttation species that te Legisltre may uot pas or consider any ap- ‘repiation bl of sown uni ths acted upon the Goveror's appropri ton bill uolese upon a mesige of acesity fom the Governor ‘The Oovernor’s proposed budget mat be balaned upon submis: sion'but theres etemect tht ite blaned upon pamage or Boug= butte yar the State incurs an operating defi, tay Boro to close Tae cman oes tat hedge ese Lie by he secu Te ar a oie Lagan fein ote yeh sweety er i Monty mary NY Cat lf bana et flonngs evra cn eb 6 ects may eset Gore vv ty aoe saben, ve Sie in La Ay Cons an §7 CR ney rb it of hese aa nyt fn ty fo nr auger, age pane fon ‘syns any Se det ers as aed eh tert ndovor ep SS NV S86 (1981. Gna IL 5 1 lew conta a ain on ee ‘hey ef be Lape cadet the Gove pap nhac, be fe pas rrpeton al ve NY Gn aL 2 atl pang te Lage ii he be The Lege cess wit ete rel she soe i treme bi {ech Vito Te "aay spe dosent ot xpi a els {heer eu y he Ovens pon ace. Lepen may z ‘ape wh he budge oon by do ane cr enos HE Recon wisn the gap. On the other band if the Governor foresee an opertng defi, hor abe may not uniateraly impound finds o refs to imple x po ‘ram carrying an appropriation. “The budget ils ust contain itemized appropriations, nt lump sums!"The Legislature may aoalter an tem of appropriation within ill ‘mite by the Governor, bt may duce, tke eutoradaepsrateitem ‘of mpropration. [Fane or more ations are made, he Goveroe ras "ne‘tem veto power by which srk anyone ormote ofthe alton ™ Any lepisntiveslration (ter than a reduction ot deli) ofan tem, ‘submitted bythe Governe is ull nd void ‘Several major eviisms ofthe Stat budget procers have ben titted, 1.BudgotTimetabio Aitough the Goverris eget submit an Exccuve Budget and ge ila the bepnning of thecal yey the Legit not eed ‘wadoptorameadthebudgt lsh aspxife date. However, the Sate operates ‘ona fiscal year begining Api Ist al hte are no provision forte ope: tion ofthe goverment ifthe budget ils ae not adopted by Ap Is. Inrcane yous enactent ofthe roquied buat ils as Rogen ecard afr the ‘st ofthe isa yar. The delayed adoption that hs ccc in oe fica ‘yous causes problems a both the State and local levee there noel ‘on the part of Sate agencies to plan ahead ad loca officals are unable "as Sf ok, 39 N24 136 97) od Mn Car 4 ‘Niy2d 496 (Sh tem nates H Dnd tn Nee, Re ‘ntpation tn pos Nt been by nn, 0 fh ‘Stool nal Inne ety pepe ee tla sup, Detetomeyblow!by matr at Teme ‘eile ol ber ties ata Soar cane pcdytoe ‘ie (nSauee) naga he on pce ae dh Cony of Ovi Boe #24515 15809. Sano Cay 6 N28 48 (170 Pople Doman 281 NY. 1.0939) ‘ah ie dear an hee ped ri eps pn mene ‘enuf eds pgm De ord equ endo ‘Shor nd mer of nena wih spay pon NY Cone 1 57 NY Cont ar i 4S He rk Sa adr at: kr 8128 0.9 adit ngage Lagu cots Gore es bau pgm pci st tua py Sr esa ‘stoves ee. Se Law cither to adopt heirbudges oto borrow mane basi on anticipated State revenues Many small not-for profit organizations dependent upon Stead bre particularly bard pressed since they Find itiicul, fnatimpossble 19 borrow to meet payroll obiations or ober operating expenses. Outside the State ive largest mancipaiss, school budgets ar putt vote approval ‘without assurance tht erica State dw et antpated levels. Oo oF oes the Sate has pvoal and consiseat contd temporary sen ingle suthozing ome, but not al, necessary payments daring delays.” ‘Various proposal ave been suggested to deal wih this problem, including automatic adoption of «baseline budget, an aurterity budget or ‘he Governors Execative Budge, adoption of beni badge, ad impo- ‘tion of penalties onthe Governor andor te members of the Lepisae. Each has pros and cons and, stated above, cach shouldbe evaluated. We ‘ake no poston on ay ofthe specific proposals ‘Addtonly,ustong case canbe made fr ating the fsa year to give the Lopslaue and Governor moe ine 10 come: an agement ‘Under current a, he Gover’ ial proposal may be submited a tas March 2nd This nul ren in schedle of fever thn drt) days in hich Legisiture of more than 200 members mst examine aod approve several hundred pages of detiled budget proposals and thousands of pages ‘of necessary supporting document. Even if complet budget were sub- ‘mid a the eet preseribed moment rare oceorence—the Legih ‘reall woud Ive les han ten weske ro complete nogotition and pa sage No other major sae in the country gives ts legislature such a shor eri consider is budget. In onthe Caloria Lite kis ap- roximatly twenty weeks to review the exeeuive budget proposal "Amending the but metab ea complex proces ruining con- sideration of differing federal, State and local scl years, expt market Considerations, mpacton he econo, caren det obligations and workforce onze isues.A simple constutonl amendment, standing alone witout onconitansatory chnge and caefl planning, would do more harm than good. AS noted above, wear of he epnion that an nteriseiplinary "Gh tutti opto 2 125.060 or mare Big Fe” af othr det coat airbags. ae Law fh 58035 ‘een spp il may beac gon mage of rece ye an en ene aan ney. he SADIE GUO, ie wry Ie ha ae Fey et bate ‘Remon adn i ew Yo Ste The Lega Carma ca Go ‘enaen Adnan (08185,eo THE RECORD woLsanas LEW YORKSTATECONSTITUTIONAL CONVENTION 61 task force should be convened to anayze and prepare «comprehensive s0- Tation to thie dics prabiem. inal afogtent complain concerning the budget proses conse ‘ho inp betwen program agenda tes and action othe bad ils Ob- iowa al bedget actos are clsaly inert to program objectives, broad ‘pub policy sues and noes, plies. This boa cans fer omit. However onocasion,maorchngss npc direction wih significant changes in anlantive laws “ted” ococimon of he budge Fiscal projections ae ‘made tasod yp untested sspions atone policy or program snot cly “yoter” but sto mare "cos-afectve” We make judgment ast the wi dom of any particule program, policy or project advanced during budget rnegattions over tho past nent) yeas. At the sme time, we eeogize hat there ir crcl need facitat the badge process with respect oa lage pat ofthe budge on which there is often cogonses while preserving op Prunes fr frter debate over proposed his in substantive programs 2. Budget Balance ‘Thece iso ceirement that he age adopted bythe Leite be tadanced or thet» tide ven if balanced When adopted remain in alice frovphout the fiscal ear A constitutional mart fora talanced budget has ‘ban proposed but here sno universal agresmentetherin principle rin how it col be effected, For expe, ponents argue iat such a provision wold ‘imine exilim rose sonry times. Novis thee agreement on the 30- ‘ounlng standard that should contol, with some observers proposing hat ‘Generally Accepted Accounting Principles shoal be utilized and others t= {fing that accounting sanarde shosld not be write into th Const, Moreover, beaut of the difference in format between sending authorization i budget bil, the proposed exeoatve badge andthe finan- ‘al pln, would be a take to eal for a “balanced budget” without ‘coming to # consensus agement upen terms and forma.” T= This otc fr consi seen holt. We te, ome ‘hase at Sco yh Cot of Apa er Sat Bntor n'y a Nab are drs stele, nea cs oe Cero ia ‘GE euch pres ome asp enshone rine treet ec ‘ie ypopine wh penn ht en gon Wo ed ewan et Ietifon Wetzeso iano mene aegis oh ey Wom {he Comoro Lele ape po suas sn ino oes ‘ponent he ue il in ‘Theat snare nove bgt spot bib ise A coral ese copceesthe ferece between cash accounting and ppropritionashosy. As dscused ov, the Legit enacts badges ‘wc allow expends up ta spied mitin an amour neces oa “ompishthe program. AL promt the sae ie thatthe budge bil te {ical staf pee pon asec plan. This pln ofr realities fue ofthe amount a mons requed inthe erent ical yet. Appropriation utoriy ofnacessity, must enced the snipaed cash outow For example 2 ‘experimental or tara program may wel carry a appropriation which is tvetyoptinite i terms of abiity to "get of ce ground” In simple fern, fone wer toad up all he spropiationsathorzed and compare therevalt the financial pln there would appear to bea severimbalnce. inal th arence af processor date by which projected re- cnucsshotld be cetfed ha boon cited a reason fr proaeted disagree ‘mente ovethe Ste badgetIthas boon suggested tha the Comptroller have {roe this process The Comptroller might corti tha projected revenics fe crcl sted otha the budget sin balance. The Sate Senate has ‘nade similo ecommendstions including requting eater submision of the executive budget, requiring consensus revenue forecasting by the Gov- ‘too and Legis, lengthening the Governors discretionary amendment period reiting submiesion ofan asterty budge tobe implemented on ‘Api | th State badge has ot bon enacted, and disallowance of routine Spproprition bis er Api fm budgt has not been pated 3 Long-Range Budget Planning ‘Tere ito constinonl egret forlog rage planing With ‘outa requirement tht the Governor present a long-range fran plan— ach the one imposed on New ook City in 1975 ding its fiscal eis— the badge might be balaoed in ways tat peset significant fate prob lems Ifthere wore tobe sucha mandate either the Conttution would have to et forth provisions respecting the pact of te pln orth Legisatre ‘would have fo be given the author enact apisation that weuld provide forthe impact ofthe pan. ‘eatin che xen bate rds listenin tenors dang ventas aly bee p= Parle may ned mening Bugg irk Ste pr.6 He neconD wLsanes LEW YORK-STATECONSTITUTIONAL CONVENTION 613 ‘State Taxes and Debt 1. State Tax issues Constitutional provisions respecting the imposition of State tanes afford the Legislature great euility. Some cites of the State taxing system have proposed tht sow tes or tx increases be rubjer to more ‘Srngent tests, such as supemjortes of one or oth houses of the Lgisla- ‘ue referenda; aps ed to taxeapacity earmackng of revenue sources oF revisions requiring equality and uniformity In determining wheter one ‘rimot of hee Lmiatios should be adopted in Now York Sate, i would 'be sel to analyze the impact soc imitons have ha in other ses ‘which they have been plemented, 2. State Debt esves (rer the years, the constatons! provisions repcting the es sce of debt ave rw cits besa they conan tefl poly {naar that damages th St economic elt (0) Arte Vi, scton I) provider te th Sate ay nt incur bts sch debi trie yaw fr singh wok or purpose tush ie it approved by peru, by ling aon ame 9 fel work o purpose the Coston eit empectensie planing ‘nday lini he goverment fac vous projec in an ‘Sonoma souod manner By rein approval ple refed “rcouregetthe uso nom sured deb” soe nae, rp, or bonding ‘Brough moral obpaton bonds or ens agnoamest hat Jo a use ‘rv ofthe voters fr rj tase esse bat gop Te 957. {998 Executive Budget refs aggre seal ur 186 Siutesppoted

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