S T A T E O F N E W Y O R K ________________________________________________________________________ 2490 2011-2012 Regular Sessions I N S E N A T E January 24, 2011 ___________ Introduced by Sens. GRIFFO, MAZIARZ -- read twice and ordered printed, and when printed to be committed 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 authorizing a limited constitutional convention 1 Section 1. Resolved (if the Assembly concur), That section 2 of arti- 2 cle 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. The delegates so 13 elected shall convene at the capitol on the first Tuesday of April next 14 ensuing after their election, and shall continue their session until the 15 business of such convention shall have been completed. Every delegate 16 shall receive for his or her services the same compensation as shall 17 then be annually payable to the members of the assembly and be reim- 18 bursed for actual traveling expenses, while the convention is in 19 session, to the extent that a member of the assembly would then be enti- 20 tled thereto in the case of a session of the legislature. A majority of 21 the convention shall constitute a quorum for the transaction of busi- 22 ness, and no amendment to the constitution shall be submitted for 23 approval to the electors as hereinafter provided, unless by the assent 24 of a majority of all the delegates elected to the convention, the ayes 25 and noes being entered on the journal to be kept. The convention shall 26 have the power to appoint such officers, employees and assistants as it 27 may deem necessary, and fix their compensation and to provide for the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89070-01-1 S. 2490 2 1 printing of its documents, journal, proceedings and other expenses of 2 said convention. The convention shall determine the rules of its own 3 proceedings, choose its own officers, and be the judge of the election, 4 returns and qualifications of its members. In case of a vacancy, by 5 death, resignation or other cause, of any district delegate elected to 6 the convention, such vacancy shall be filled by a vote of the remaining 7 delegates representing the district in which such vacancy occurs. If 8 such vacancy occurs in the office of a delegate-at-large, such vacancy 9 shall be filled by a vote of the remaining delegates-at-large. Any 10 proposed constitution or constitutional amendment which shall have been 11 adopted by such convention, shall be submitted to a vote of the electors 12 of the state at the time and in the manner provided by such convention, 13 at an election which shall be held not less than six weeks after the 14 adjournment of such convention. Upon the approval of such constitution 15 or constitutional amendments, in the manner provided in the last preced- 16 ing section, such constitution or constitutional amendment, shall go 17 into effect on the first day of January next after such approval. 18 AT SUCH TIMES AS THE LEGISLATURE MAY PROVIDE BY LAW, THE QUESTION 19 "SHALL THERE BE A CONVENTION TO REVISE ARTICLES III, IV, V AND VIII OF 20 THE CONSTITUTION, CONCERNING THE LEGISLATURE, AND AMEND THE SAME?" SHALL 21 BE SUBMITTED TO AND DECIDED BY THE ELECTORS OF THE STATE; AND IN CASE A 22 MAJORITY OF THE ELECTORS VOTING THEREON SHALL DECIDE IN FAVOR OF A 23 CONVENTION FOR SUCH PURPOSE, A CONVENTION SHALL BE HELD WHICH SHALL 24 OPERATE IN THE MANNER PRESCRIBED IN THIS SECTION, EXCEPT THAT SUCH 25 CONVENTION SHALL ONLY CONSIDER AND SUBMIT AMENDMENTS TO ARTICLES III, 26 IV, V AND VIII OF THIS CONSTITUTION AND SHALL BE RESTRICTED TO A PERIOD 27 OF EIGHTEEN MONTHS. 28 S 2. Resolved (if the Assembly concur), That the foregoing amendment 29 be referred to the first regular legislative session convening after the 30 next succeeding general election of members of the assembly, and, in 31 conformity with section 1 of article 19 of the constitution, be 32 published for 3 months previous to the time of such election.