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S05029 Summary:

BILL NOS05029
 
SAME ASNo Same As
 
SPONSORGRIFFO
 
COSPNSR
 
MLTSPNSR
 
Amd Art 19 §2, Constn
 
Requires that no person acting as a political party chairperson, an elected public officer, an individual who is subject to the rules established by the commission on public integrity and any other person who is an officer of an organization, association or corporation that receives public funding shall be elected as a delegate to a constitutional convention.
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S05029 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5029
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 18, 2025
                                       ___________
 
        Introduced  by  Sen.  GRIFFO -- 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 the election of delegates

     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    § 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] such delegate's
    27  services the same compensation as shall then be annually payable to  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89026-01-5

        S. 5029                             2
 
     1  members of the assembly and be reimbursed for actual traveling expenses,
     2  while  the  convention is in session, to the extent that a member of the
     3  assembly would then be entitled thereto in the case of a session of  the
     4  legislature.  A majority of the convention shall constitute a quorum for
     5  the transaction of business, and no amendment to the constitution  shall
     6  be  submitted  for  approval  to  the  electors as hereinafter provided,
     7  unless by the assent of a majority of all the delegates elected  to  the
     8  convention,  the  ayes and noes being entered on the journal to be kept.
     9  The convention shall have the power to appoint such officers,  employees
    10  and  assistants as it may deem necessary, and fix their compensation and
    11  to 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    § 2. Resolved (if the Assembly concur), That the  foregoing  amendment
    30  be 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.
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