S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10115
 
                           I N  A S S E M B L Y
 
                                May 6, 2024
                                ___________
 
 Introduced by M. of A. MILLER -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend  the  legislative  law, in relation to establishing a
   legislative commission on article V conventions of the states
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The legislative law is amended by adding a new section 83-o
 to read as follows:
   § 83-O. LEGISLATIVE COMMISSION ON ARTICLE V CONVENTIONS OF THE STATES.
 1.  DEFINITIONS.  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ARTICLE V CONVENTION" MEANS  A  CONVENTION  OF  THE  STATES  HELD
 PURSUANT TO ARTICLE V OF THE UNITED STATES CONSTITUTION.
   (B)  "COMMISSION" MEANS THE COMMISSION ON ARTICLE V CONVENTIONS OF THE
 STATES CREATED PURSUANT TO THIS SECTION.
   (C) "COMMISSIONER" MEANS A COMMISSIONER APPOINTED PURSUANT TO SUBDIVI-
 SION FOUR OF THIS SECTION.
   2. APPLICABILITY. THIS SECTION SHALL APPLY TO CONVENTIONS FOR  PROPOS-
 ING AMENDMENTS HELD UNDER ARTICLE V OF THE UNITED STATES CONSTITUTION.
   3. ESTABLISHMENT. A LEGISLATIVE COMMISSION ON ARTICLE V CONVENTIONS OF
 THE  STATES  IS  HEREBY  ESTABLISHED FOR THE PURPOSE OF REPRESENTING THE
 STATE OF NEW YORK AT ARTICLE V CONVENTIONS.
   4. COMMISSIONERS; APPOINTMENT AND QUALIFICATIONS. (A)  THE  COMMISSION
 SHALL  CONSIST  OF  NINE  COMMISSIONERS  WHO SHALL BE APPOINTED UPON THE
 OCCURRENCE OF AN ARTICLE V CONVENTION, AS FOLLOWS: TWO MEMBERS SHALL  BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; TWO MEMBERS SHALL BE
 APPOINTED BY THE SPEAKER OF THE ASSEMBLY; TWO MEMBERS SHALL BE APPOINTED
 BY THE MINORITY LEADER OF THE SENATE; AND TWO MEMBERS SHALL BE APPOINTED
 BY  THE  MINORITY  LEADER  OF  THE  ASSEMBLY;  AND  ONE  MEMBER SHALL BE
 APPOINTED BY CONSENSUS OF THE TEMPORARY PRESIDENT  OF  THE  SENATE,  THE
 SPEAKER  OF  THE  ASSEMBLY,  THE  MINORITY LEADER OF THE SENATE, AND THE
 MINORITY LEADER OF THE ASSEMBLY. FROM AMONG THE MEMBERS SO APPOINTED,  A
 CHAIR  AND  A  VICE CHAIR SHALL BE DESIGNATED BY THE JOINT ACTION OF THE
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY.  ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15109-02-4
 A. 10115                            2

 VACANCY THAT OCCURS IN THE COMMISSION OR IN THE CHAIRSHIP OR VICE CHAIR-
 SHIP  SHALL  BE FILLED IN THE SAME MANNER IN WHICH THE ORIGINAL APPOINT-
 MENT OR DESIGNATION WAS MADE. NO MEMBER, OFFICER,  OR  EMPLOYEE  OF  THE
 COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY OTHER PUBLIC OFFICE OR
 EMPLOYMENT,  NOR SHALL SUCH MEMBER FORFEIT ANY SUCH OFFICE OR EMPLOYMENT
 BY REASON OF SUCH MEMBER'S APPOINTMENT  HEREUNDER,  NOTWITHSTANDING  THE
 PROVISIONS  OF  ANY  GENERAL,  SPECIAL, OR LOCAL LAW, ORDINANCE, OR CITY
 CHARTER. A COMMISSIONER MAY BE RECALLED AND/OR REMOVED AT ANY  TIME  FOR
 ANY REASON BY THE BODY RESPONSIBLE FOR APPOINTING SUCH COMMISSIONER.
   (B)  A COMMISSIONER APPOINTED PURSUANT TO THIS SUBDIVISION, AT A MINI-
 MUM, SHALL:
   (I) BE REGISTERED TO VOTE IN THIS STATE;
   (II) HAVE BEEN A CITIZEN OF THE UNITED STATES FOR AT LEAST FIVE YEARS;
   (III) BE AT LEAST TWENTY-FIVE YEARS OF AGE;
   (IV) NOT BE OR HAVE BEEN REGISTERED OR REQUIRED TO BE REGISTERED AS  A
 FEDERAL LOBBYIST AT ANY TIME WITHIN THE PRIOR FIVE YEARS;
   (V)  NOT  BE  OR  HAVE BEEN A FEDERAL EMPLOYEE, OR A CONTRACTOR OF THE
 FEDERAL GOVERNMENT, AT ANY TIME IN THE PRIOR TEN YEARS, PROVIDED, HOWEV-
 ER, THAT SUCH COMMISSIONER MAY BE A MEMBER OF THE ARMED  FORCES  OF  THE
 UNITED STATES;
   (VI)  NOT  HAVE HELD A FEDERAL ELECTED OR APPOINTED OFFICE AT ANY TIME
 IN THE PRIOR TEN YEARS;
   (VII) NOT HAVE HAD ANY FELONY CONVICTIONS FOR CRIMES  INVOLVING  MORAL
 TURPITUDE  IN  ANY  JURISDICTION AT ANY TIME, NOR ANY FELONY CONVICTIONS
 FOR ANY CRIME IN ANY JURISDICTION IN THE PRIOR TEN YEARS; AND
   (VIII) NOT HOLD A STATEWIDE OFFICE  WHILE  PERFORMING  THE  DUTIES  OF
 COMMISSIONER.
   5.  COMMISSION  DUTIES AND PROHIBITIONS. (A) UPON THE OCCURRENCE OF AN
 ARTICLE V CONVENTION, THE DUTIES OF THE COMMISSIONERS  WITH  RESPECT  TO
 SUCH  ARTICLE V CONVENTION SHALL BE SPECIFICALLY DESIGNATED BY THE STATE
 LEGISLATURE BY RESOLUTION.
   (B) A COMMISSIONER SHALL NOT VOTE FOR OR OTHERWISE PROMOTE ANY  CHANGE
 TO  THE  TRADITIONAL CONVENTION RULE OF DECISION ON THE FLOOR AND IN THE
 COMMITTEE OF THE WHOLE, TO WIT, THAT EACH STATE HAS ONE VOTE. THE  STATE
 LEGISLATURE  MAY  PROVIDE  ADDITIONAL  INSTRUCTIONS BY SUBSEQUENT RESOL-
 UTION.
   (C) A COMMISSIONER SHALL NOT VOTE IN FAVOR OF ANY  PROPOSED  AMENDMENT
 THAT  WOULD  ALTER  THE  TEXT  OF  THE SPECIFIC GUARANTEES OF INDIVIDUAL
 LIBERTY ESTABLISHED BY THE UNITED  STATES  CONSTITUTION,  INCLUDING  THE
 ORIGINAL CONSTITUTION, THE BILL OF RIGHTS, AND THE FOLLOWING AMENDMENTS:
 THIRTEENTH,  FOURTEENTH,  FIFTEENTH,  NINETEENTH,  TWENTY-THIRD, TWENTY-
 FOURTH, AND TWENTY-SIXTH.
   (D) THE COMMISSION MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS
 IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF THE COMMISSION'S  FUNCTIONS
 AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR.
   6.  OATH.  EACH  COMMISSIONER SHALL, BEFORE EXERCISING ANY FUNCTION OF
 THE POSITION, EXECUTE THE FOLLOWING OATH  IN  WRITING:  "I  DO  SOLEMNLY
 SWEAR  (OR AFFIRM) THAT I ACCEPT AND WILL ACT ACCORDING TO THE LIMITS OF
 AUTHORITY SPECIFIED IN MY  COMMISSION  AND  ANY  PRESENT  OR  SUBSEQUENT
 INSTRUCTIONS.  I  UNDERSTAND  THAT VIOLATING THIS OATH MAY SUBJECT ME TO
 PENALTIES PROVIDED BY LAW. I  UNDERSTAND  THAT  I  MAY  BE  RECALLED  OR
 SUSPENDED FROM MY DUTIES BY THE NEW YORK STATE LEGISLATURE."
   7.  COMPENSATION  AND  EXPENSES. A COMMISSIONER SHALL RECEIVE THE SAME
 COMPENSATION AS A MEMBER OF THE ASSEMBLY OF  THIS  STATE,  PRORATED  FOR
 LENGTH OF TIME SERVED.
 A. 10115                            3

   8.  GIFT  PROHIBITION.  A  COMMISSIONER  SHALL NOT ACCEPT, DURING SUCH
 COMMISSIONER'S TIME OF SERVICE, ANY GIFTS OR BENEFITS  WITH  A  COMBINED
 VALUE OF MORE THAN TWO HUNDRED DOLLARS, OTHER THAN FROM A MEMBER OF SUCH
 COMMISSIONER'S FAMILY AND OF THE KIND CUSTOMARILY GRANTED BY A MEMBER OF
 ONE'S FAMILY. AN EMPLOYER'S DECISION TO CONTINUE PAYING A COMMISSIONER'S
 CURRENT SALARY SHALL NOT BE CONSTRUED TO BE A GIFT.
   9.  CRIMINAL  PENALTIES. (A) A COMMISSIONER SHALL NOT EXCEED THE SCOPE
 OF SUCH COMMISSIONER'S  AUTHORITY  WHEN  ACTING  AS  A  COMMISSIONER.  A
 COMMISSIONER  EXCEEDS  THE  SCOPE  OF  SUCH  COMMISSIONER'S AUTHORITY BY
 VOTING OR OTHERWISE ACTING BEYOND THE AUTHORITY GRANTED IN SUCH  COMMIS-
 SIONER'S   COMMISSION,   AS   ALTERED   BY  ANY  DULY-ISSUED  SUBSEQUENT
 INSTRUCTIONS PROVIDED BEFORE THE VOTE OR OTHER  ACTION.  A  COMMISSIONER
 WHO  EXCEEDS THE SCOPE OF SUCH COMMISSIONER'S AUTHORITY SHALL BE SUBJECT
 TO A FINE OF FIVE THOUSAND DOLLARS PER VIOLATION.
   (B) ANY INDIVIDUAL WHO, WHILE NOT BEING PRIVILEGED BY  LAW,  KNOWINGLY
 BRIBES,  THREATENS, INTIMIDATES OR OBSTRUCTS A COMMISSIONER, OR A PERSON
 REPRESENTING ANOTHER STATE IN THE CAPACITY OF A COMMISSIONER OR  INTERIM
 COMMISSIONER  AT  AN  ARTICLE  V  CONVENTION  IN THE PERFORMANCE OF SUCH
 COMMISSIONER'S OR INTERIM COMMISSIONER'S DUTIES, OR ATTEMPTS TO  DO  SO,
 SHALL BE SUBJECT TO A FINE OF FIVE THOUSAND DOLLARS.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to article 5-A of the legislative law made by section one
 of this act shall not affect the repeal of such  article  and  shall  be
 deemed repealed therewith.