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66-B - Registration and Reports by Certain Persons Promoting or Opposing the Adoption of Proposed Constitutional Amendments by the Constitutional Convention

NY Legis L § 66-B (2019) (N/A)
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* § 66-b. Registration and reports by certain persons promoting or opposing the adoption of proposed constitutional amendments by the constitutional convention convening in the year nineteen hundred sixty-seven. 1. Every person retained or employed for compensation by any person, firm, corporation or association who, on behalf of such principal or employer, promotes or opposes directly or indirectly the adoption of a proposed constitutional amendment or amendments by the constitutional convention convening in the year nineteen hundred sixty-seven, whether or not he has a personal interest therein, shall, before any service is entered upon in promoting or opposing such proposed constitutional amendment or amendments, file in the office of the secretary of state a writing subscribed by such person stating the name or names of the person or persons, firm or firms, corporation or corporations, association or associations, by whom or on whose behalf he is retained or employed, together with a brief description of the proposed constitutional amendment or amendments in reference to which such service is to be rendered.

2. It shall be the duty of the secretary of state to provide a docket to be known as the docket of constitutional convention appearances, with appropriate blanks and indices, and to forthwith enter therein the names of the persons so retained or employed and of the persons, firms, corporations or associations retaining or employing them, together with a brief description of the proposed constitutional amendment or amendments in reference to which the service is to be rendered, which docket shall be open to public inspection.

3. Upon the termination of such retainer or employment the fact of such termination, with the date thereof, shall be entered in the docket by the secretary of state upon receiving written notice to that effect from such person or from the person, firm, corporation or association in whose behalf such service has been rendered.

4. No person, firm, corporation or association shall retain or employ any person to promote or oppose any proposed constitutional amendment or amendments for compensation contingent in whole or in part upon the adoption or defeat of any such amendment or amendments by the constitutional convention, and no person shall accept any such employment or render any such service for compensation contingent upon such adoption or defeat.

5. No person shall for compensation engage in promoting or opposing any proposed constitutional amendment or amendments by such constitutional convention except upon appearance entered in accordance with the foregoing provisions of this section.

6. It shall be the duty of every person, firm, corporation, public or private, or association, (whether or not required to file pursuant to the provisions of subdivision one hereof), not later than April fifteenth, nineteen hundred sixty-seven, to file in the office of the secretary of state an itemized statement verified by the oath of such person, or in case of a firm by the oath of a member thereof, or in case of a domestic corporation or association by the oath of an officer thereof, or in case of a foreign corporation or association by the oath of an officer or agent thereof, showing in detail all expenses paid, incurred or promised directly or indirectly through April third, nineteen hundred sixty-seven, in connection with promoting or opposing any constitutional amendment or amendments which may be proposed at such constitutional convention, with the names of the payees and the amount paid to each, including all disbursements paid, incurred or promised to persons employed or retained up to such date, and also specifying the nature of such constitutional amendment or amendments, and the interest therein of such person, firm, corporation or association; provided however no such itemized statement need be filed if the total of such itemized expenses for the period ending April third, nineteen hundred sixty-seven is less than two hundred fifty dollars.

7. The provisions of this section shall not apply to the state nor shall subdivisions one, five and nine of this section apply to a county, city, town, village, public board or institution, or their agents or employees; nor shall the provisions of this section be construed as affecting professional services in drafting a proposed constitutional amendment or amendments or in advising clients or in rendering opinions as to the construction and effect of any constitutional amendment or amendments which may be proposed at such convention where such professional service is not otherwise connected with constitutional convention action.

8. On or before April twenty-fourth, nineteen hundred sixty-seven, the secretary of state shall furnish to each delegate to such convention a summary of the information contained in the docket of constitutional convention appearances, and on or before such date shall also transmit to the president of such constitutional convention a copy of every statement filed in his office up to and including such date pursuant to subdivision six of this section.

9. Every person, every member of any firm, and every association or corporation violating any provision of this section and every person causing or participating in a violation thereof shall be guilty of a misdemeanor and, in case of an individual, shall be punishable by imprisonment in a penitentiary or county jail for not more than one year or by a fine of not more than one thousand dollars or by both, and, in case of an association or corporation, by a fine of not more than one thousand dollars. And in addition to the penalties hereinbefore imposed any corporation or association failing to file the statement of expenses prescribed by this section shall forfeit to the people of the state of New York the sum of one hundred dollars per day for each day following the expiration of thirty days after the time fixed by subdivision six for filing such statement, to be recovered in an action to be brought by the attorney general.

* NB (Expired see § 2 of Ch. 7 of the Laws of 1967)

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66-B - Registration and Reports by Certain Persons Promoting or Opposing the Adoption of Proposed Constitutional Amendments by the Constitutional Convention