Assembly Bill A5881

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

                                  5881

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2015
                               ___________

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
compensation  as  shall  then  be annually payable to the members of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD89044-01-5

A. 5881                             2

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.