S T A T E   O F   N E W   Y O R K
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                                  4932

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced  by M. of A. KAVANAGH, CALHOUN -- Multi-Sponsored by -- M. of
  A. BURLING, CORWIN, LINARES -- 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.
              

                                                           LBD89071-01-1

A. 4932                             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.