S T A T E O F N E W Y O R K
________________________________________________________________________
8202
2009-2010 Regular Sessions
I N A S S E M B L Y
May 7, 2009
___________
Introduced by M. of A. BOYLE -- read once and referred to the Committee
on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 19 of the constitution, in relation to
a constitutional convention
Section 1. Resolved (if the Senate concur), That section 2 of article
19 of the constitution be amended to read as follows:
S 2. At the general election to be held in the year nineteen hundred
fifty-seven, and every twentieth year thereafter, and also at such times
as the legislature may by law provide, the question "Shall there be a
convention to revise the constitution and amend the same?" shall be
submitted to and decided by the electors of the state; and in case a
majority of the electors voting thereon shall decide in favor of a
convention for such purpose, the electors of every senate district of
the state, as then organized, shall elect three delegates at the next
ensuing general election, and the electors of the state voting at the
same election shall elect fifteen delegates-at-large. HOWEVER, NO DELE-
GATE MAY CONCURRENTLY SERVE AS A MEMBER OF THE LEGISLATURE. The deleg-
ates so elected shall convene at the capitol on the first Tuesday of
April next ensuing after their election, and shall continue their
session until the business of such convention shall have been completed.
Every delegate shall receive for his or her services the same compen-
sation as shall then be annually payable to the members of the assembly
and be reimbursed for actual traveling expenses, while the convention is
in session, to the extent that a member of the assembly would then be
entitled thereto in the case of a session of the legislature. A majority
of the convention shall constitute a quorum for the transaction of busi-
ness, and no amendment to the constitution shall be submitted for
approval to the electors as hereinafter provided, unless by the assent
of a majority of all the delegates elected to the convention, the ayes
and noes being entered on the journal to be kept. The convention shall
have the power to appoint such officers, employees and assistants as it
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89122-01-9
A. 8202 2
may deem necessary, and fix their compensation and to provide for the
printing of its documents, journal, proceedings and other expenses of
said convention. The convention shall determine the rules of its own
proceedings, choose its own officers, and be the judge of the election,
returns and qualifications of its members. In case of a vacancy, by
death, resignation or other cause, of any district delegate elected to
the convention, such vacancy shall be filled by a vote of the remaining
delegates representing the district in which such vacancy occurs. If
such vacancy occurs in the office of a delegate-at-large, such vacancy
shall be filled by a vote of the remaining delegates-at-large. Any
proposed constitution or constitutional amendment which shall have been
adopted by such convention, shall be submitted to a vote of the electors
of the state at the time and in the manner provided by such convention,
at an election which shall be held not less than six weeks after the
adjournment of such convention. Upon the approval of such constitution
or constitutional amendments, in the manner provided in the last preced-
ing section, such constitution or constitutional amendment, shall go
into effect on the first day of January next after such approval.
S 2. Resolved (if the Senate concur), That the foregoing amendment be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.