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
    1    Section 1. Resolved (if the Senate concur), That section 2 of  article
    2  19 of the constitution be amended to read as follows:
    3    S  2.  At the general election to be held in the year nineteen hundred
    4  fifty-seven, and every twentieth year thereafter, and also at such times
    5  as the legislature may by law provide, the question "Shall  there  be  a
    6  convention  to  revise  the  constitution  and amend the same?" shall be
    7  submitted to and decided by the electors of the state;  and  in  case  a
    8  majority  of  the  electors  voting  thereon  shall decide in favor of a
    9  convention for such purpose, the electors of every  senate  district  of
   10  the  state,  as  then organized, shall elect three delegates at the next
   11  ensuing general election, and the electors of the state  voting  at  the
   12  same  election shall elect fifteen delegates-at-large.  NO PERSON ACTING
   13  AS A POLITICAL PARTY CHAIRPERSON, AN ELECTED PUBLIC  OFFICER,  A  PERSON
   14  APPOINTED  BY THE GOVERNOR, AN INDIVIDUAL WHO IS SUBJECT TO THE LOBBYING
   15  RULES ESTABLISHED BY THE COMMISSION ON PUBLIC INTEGRITY, ANY PERSON  WHO
   16  IS REQUIRED TO FILE AN ANNUAL STATEMENT OF FINANCIAL DISCLOSURE WITH THE
   17  LEGISLATIVE  ETHICS  COMMISSION OR ANY OTHER PERSON WHO IS AN OFFICER OF
   18  AN ORGANIZATION, ASSOCIATION OR CORPORATION, OTHER THAN AN ENTITY DESIG-
   19  NATED AS TAX EXEMPT UNDER SECTION 501(C)(3) OF THE UNITED STATES  INTER-
   20  NAL  REVENUE  CODE,  THAT  RECEIVES PUBLIC FUNDING SHALL BE ELECTED AS A
   21  DELEGATE. NONE OF THE AFOREMENTIONED  EXCLUSIONS  APPLY  TO  INDIVIDUALS
   22  BASED ON THEIR EMPLOYMENT AT A HIGHER EDUCATION INSTITUTION OR THE MILI-
   23  TARY. The delegates so elected shall convene at the capitol on the first
   24  Tuesday  of  April next ensuing after their election, and shall continue
   25  their session until the business of  such  convention  shall  have  been
   26  completed. Every delegate shall receive for his or her services the same
   27  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
    1  assembly and be reimbursed for  actual  traveling  expenses,  while  the
    2  convention  is  in  session, to the extent that a member of the assembly
    3  would then be entitled thereto in the case of a session of the  legisla-
    4  ture.  A  majority  of  the convention shall constitute a quorum for the
    5  transaction of business, and no amendment to the constitution  shall  be
    6  submitted  for  approval to the electors as hereinafter provided, unless
    7  by the assent of a majority of all the delegates elected to the  conven-
    8  tion,  the  ayes  and  noes being entered on the journal to be kept. The
    9  convention shall have the power to appoint such officers, employees  and
   10  assistants  as  it may deem necessary, and fix their compensation and to
   11  provide for the printing of  its  documents,  journal,  proceedings  and
   12  other  expenses  of  said convention. The convention shall determine the
   13  rules of its own proceedings, choose its own officers, and be the  judge
   14  of the election, returns and qualifications of its members. In case of a
   15  vacancy,  by death, resignation or other cause, of any district delegate
   16  elected to the convention, such vacancy shall be filled by a vote of the
   17  remaining delegates representing the  district  in  which  such  vacancy
   18  occurs.  If  such  vacancy  occurs in the office of a delegate-at-large,
   19  such vacancy shall be filled by a vote of  the  remaining  delegates-at-
   20  large. Any proposed constitution or constitutional amendment which shall
   21  have  been  adopted  by such convention, shall be submitted to a vote of
   22  the electors of the state at the time and in the manner provided by such
   23  convention, at an election which shall be held not less than  six  weeks
   24  after  the  adjournment  of  such  convention. Upon the approval of such
   25  constitution or constitutional amendments, in the manner provided in the
   26  last preceding section, such constitution or  constitutional  amendment,
   27  shall  go  into  effect  on  the  first  day  of January next after such
   28  approval.
   29    S 2. Resolved (if the Senate concur), That the foregoing amendment  be
   30  referred  to  the  first regular legislative session convening after the
   31  next succeeding general election of members of  the  assembly,  and,  in
   32  conformity  with  section  1  of  article  19  of  the  constitution, be
   33  published for 3 months previous to the time of such election.