N.Y. Comp. Codes R. & Regs. tit. 9 § 4.172

Current through Register Vol. 46, No. 36, September 4, 2024

Section 4.172 - Executive order no. 172: establishing a temporary commission on constitutional revision

WHEREAS, New York will enter the centennial year of our fourth and current State Constitution in 1994;

WHEREAS, since 1846, our State Constitution has provided that the people of New York must be asked in each generation whether a constitutional convention should be held;

WHEREAS, it is important that the people be educated so that they make an informed decision on whether a convention is desirable in 1997 or earlier if the Legislature agrees to pose the question;

WHEREAS, the State government must be prepared if the people decide that a convention should be held;

WHEREAS, citizens throughout New York have expressed a strong desire for governmental restructuring and reform;

WHEREAS, numerous proposals for constitutional change have been brought forward in New York in recent years, but have not been given careful and systematic scrutiny in the context of a review of the entire document;

WHEREAS, numerous issues have been identified that may only be resolved by constitutional change; and

WHEREAS, the process for convening and holding a constitutional convention, established in our current State Constitution, needs to be explored and critically examined;

NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish a Temporary Commission on Constitutional Revision, to be staffed and supported through the Rockefeller Institute of Government of the State University of New York.

I. Membership

The Commission shall be comprised of at least fifteen persons appointed by the Governor, one of whom shall be designated by the Governor as chair. The members of the Commission shall serve without compensation for their services, but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties.

II. Purpose, Character and Responsibilities of the Commission

The Commission shall be nonpartisan in nature, and shall have as its general purpose the improvement of the structure of government in New York through an objective examination of the constitutional change process and the range of constitutional issues to be considered by the people of New York. Specifically, the Commission shall be responsible for examining and evaluating the processes for convening, staffing, holding and acting on the recommendations of a state constitutional convention in New York, and for developing a broad-based agenda of issues and concerns which might be considered by such a convention.

III. Commission Reporting

The Commission shall begin issuing interim reports to the Governor as soon as possible but no later than December 31, 1993. The first reports shall describe the procedures for revising the New York State Constitution, the areas under review by the Commission and discuss the activities of the Commission. The Commission may issue such other reports as it deems necessary and desirable.

The Commission shall issue a final report to the Governor on or before May 15, 1995. It shall make concrete recommendations concerning the facilitation of the constitutional change process in New York State, provide an objective and nonpartisan outline of the range of constitutional issues that the Commission has identified as a result of its work throughout the State and recommend the timing of and manner in which any proposed constitution or constitutional amendments shall be submitted to a vote of the people of the State.

IV. Other Commission Activities

The Commission shall engage in a range of activities designed to focus attention on constitutional change and obtain the views of New Yorkers on this subject, including but not limited to:

(a) holding public hearings, forums and other meetings throughout New York State;

(b) encouraging independent and objective research prepared for and accessible to the public on constitutional issues and constitutional reform;

(c) supporting activities of interested civic, educational, community based and other organizations representative of New York's diverse interests and views throughout the State concerning constitutional processes and issues; and

(d) establishing nonpartisan regional groups that would provide the basis for discussion on constitutional issues.

V. Assistance and Cooperation

All departments, divisions and units of State government are directed to cooperate with the Commission to provide assistance as it may require to fulfill its obligations, including the provision of logistical support and statistical and program data.

Signed: Mario M. CuomoDated: May 17, 1993

[FN*] [Revoked by Executive Order No. 31 (George E. Pataki), infra.]

[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.172