Assembly Bill A214

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

                                   214

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. KAVANAGH -- Multi-Sponsored by -- M. of A. CORWIN
  -- read once and referred to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing  an  amendment to section 2 of article 19 of the constitution,
  in relation to the election of delegates

  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.  NO PERSON ACTING
AS A POLITICAL PARTY CHAIRPERSON, AN ELECTED PUBLIC  OFFICER,  A  PERSON
APPOINTED  BY THE GOVERNOR, AN INDIVIDUAL WHO IS SUBJECT TO THE LOBBYING
RULES ESTABLISHED BY THE COMMISSION ON PUBLIC INTEGRITY, ANY PERSON  WHO
IS REQUIRED TO FILE AN ANNUAL STATEMENT OF FINANCIAL DISCLOSURE WITH THE
LEGISLATIVE  ETHICS  COMMISSION OR ANY OTHER PERSON WHO IS AN OFFICER OF
AN ORGANIZATION, ASSOCIATION OR CORPORATION, OTHER THAN AN ENTITY DESIG-
NATED AS TAX EXEMPT UNDER SECTION 501(C)(3) OF THE UNITED STATES  INTER-
NAL  REVENUE  CODE,  THAT  RECEIVES PUBLIC FUNDING SHALL BE ELECTED AS A
DELEGATE. NONE OF THE AFOREMENTIONED  EXCLUSIONS  APPLY  TO  INDIVIDUALS
BASED ON THEIR EMPLOYMENT AT A HIGHER EDUCATION INSTITUTION OR THE MILI-
TARY. The delegates 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD89021-01-3

A. 214                              2

compensation  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 legisla-
ture. A majority of the convention shall constitute  a  quorum  for  the
transaction  of  business, 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 conven-
tion, 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 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  preceding  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.