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.
STATE OF NEW YORK
________________________________________________________________________
5881
2015-2016 Regular Sessions
IN ASSEMBLY
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 § 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 § 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.
