S T A T E   O F   N E W   Y O R K
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                                  4445

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

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.
              

                                                           LBD89091-01-1

A. 4445                             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.