S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9200
 
                             I N  S E N A T E
 
                                May 3, 2024
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the legislative  law,  in  relation  to  establishing  a
   legislative commission on article V conventions of the states
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The legislative law is amended by adding a new section 83-o
 to read as follows:
   § 83-O. LEGISLATIVE COMMISSION ON ARTICLE V CONVENTIONS OF THE STATES.
 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ARTICLE  V  CONVENTION"  MEANS  A  CONVENTION OF THE STATES HELD
 PURSUANT TO ARTICLE V OF THE UNITED STATES CONSTITUTION.
   (B) "COMMISSION" MEANS THE COMMISSION ON ARTICLE V CONVENTIONS OF  THE
 STATES CREATED PURSUANT TO THIS SECTION.
   (C) "COMMISSIONER" MEANS A COMMISSIONER APPOINTED PURSUANT TO SUBDIVI-
 SION FOUR OF THIS SECTION.
   2.  APPLICABILITY. THIS SECTION SHALL APPLY TO CONVENTIONS FOR PROPOS-
 ING AMENDMENTS HELD UNDER ARTICLE V OF THE UNITED STATES CONSTITUTION.
   3. ESTABLISHMENT. A LEGISLATIVE COMMISSION ON ARTICLE V CONVENTIONS OF
 THE STATES IS HEREBY ESTABLISHED FOR THE  PURPOSE  OF  REPRESENTING  THE
 STATE OF NEW YORK AT ARTICLE V CONVENTIONS.
   4.  COMMISSIONERS;  APPOINTMENT AND QUALIFICATIONS. (A) THE COMMISSION
 SHALL CONSIST OF NINE COMMISSIONERS WHO  SHALL  BE  APPOINTED  UPON  THE
 OCCURRENCE  OF AN ARTICLE V CONVENTION, AS FOLLOWS: TWO MEMBERS SHALL BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; TWO MEMBERS SHALL BE
 APPOINTED BY THE SPEAKER OF THE ASSEMBLY; TWO MEMBERS SHALL BE APPOINTED
 BY THE MINORITY LEADER OF THE SENATE; AND TWO MEMBERS SHALL BE APPOINTED
 BY THE MINORITY  LEADER  OF  THE  ASSEMBLY;  AND  ONE  MEMBER  SHALL  BE
 APPOINTED  BY  CONSENSUS  OF  THE TEMPORARY PRESIDENT OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER  OF  THE  SENATE,  AND  THE
 MINORITY  LEADER OF THE ASSEMBLY. FROM AMONG THE MEMBERS SO APPOINTED, A
 CHAIR AND A VICE CHAIR SHALL BE DESIGNATED BY THE JOINT  ACTION  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15109-02-4
 S. 9200                             2
 
 TEMPORARY  PRESIDENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. ANY
 VACANCY THAT OCCURS IN THE COMMISSION OR IN THE CHAIRSHIP OR VICE CHAIR-
 SHIP SHALL BE FILLED IN THE SAME MANNER IN WHICH THE  ORIGINAL  APPOINT-
 MENT  OR  DESIGNATION  WAS  MADE. NO MEMBER, OFFICER, OR EMPLOYEE OF THE
 COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY OTHER PUBLIC OFFICE OR
 EMPLOYMENT, NOR SHALL SUCH MEMBER FORFEIT ANY SUCH OFFICE OR  EMPLOYMENT
 BY  REASON  OF  SUCH MEMBER'S APPOINTMENT HEREUNDER, NOTWITHSTANDING THE
 PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL  LAW,  ORDINANCE,  OR  CITY
 CHARTER.  A  COMMISSIONER MAY BE RECALLED AND/OR REMOVED AT ANY TIME FOR
 ANY REASON BY THE BODY RESPONSIBLE FOR APPOINTING SUCH COMMISSIONER.
   (B) A COMMISSIONER APPOINTED PURSUANT TO THIS SUBDIVISION, AT A  MINI-
 MUM, SHALL:
   (I) BE REGISTERED TO VOTE IN THIS STATE;
   (II) HAVE BEEN A CITIZEN OF THE UNITED STATES FOR AT LEAST FIVE YEARS;
   (III) BE AT LEAST TWENTY-FIVE YEARS OF AGE;
   (IV)  NOT BE OR HAVE BEEN REGISTERED OR REQUIRED TO BE REGISTERED AS A
 FEDERAL LOBBYIST AT ANY TIME WITHIN THE PRIOR FIVE YEARS;
   (V) NOT BE OR HAVE BEEN A FEDERAL EMPLOYEE, OR  A  CONTRACTOR  OF  THE
 FEDERAL GOVERNMENT, AT ANY TIME IN THE PRIOR TEN YEARS, PROVIDED, HOWEV-
 ER,  THAT  SUCH  COMMISSIONER MAY BE A MEMBER OF THE ARMED FORCES OF THE
 UNITED STATES;
   (VI) NOT HAVE HELD A FEDERAL ELECTED OR APPOINTED OFFICE AT  ANY  TIME
 IN THE PRIOR TEN YEARS;
   (VII)  NOT  HAVE HAD ANY FELONY CONVICTIONS FOR CRIMES INVOLVING MORAL
 TURPITUDE IN ANY JURISDICTION AT ANY TIME, NOR  ANY  FELONY  CONVICTIONS
 FOR ANY CRIME IN ANY JURISDICTION IN THE PRIOR TEN YEARS; AND
   (VIII)  NOT  HOLD  A  STATEWIDE  OFFICE WHILE PERFORMING THE DUTIES OF
 COMMISSIONER.
   5. COMMISSION DUTIES AND PROHIBITIONS. (A) UPON THE OCCURRENCE  OF  AN
 ARTICLE  V  CONVENTION,  THE DUTIES OF THE COMMISSIONERS WITH RESPECT TO
 SUCH ARTICLE V CONVENTION SHALL BE SPECIFICALLY DESIGNATED BY THE  STATE
 LEGISLATURE BY RESOLUTION.
   (B)  A COMMISSIONER SHALL NOT VOTE FOR OR OTHERWISE PROMOTE ANY CHANGE
 TO THE TRADITIONAL CONVENTION RULE OF DECISION ON THE FLOOR AND  IN  THE
 COMMITTEE  OF THE WHOLE, TO WIT, THAT EACH STATE HAS ONE VOTE. THE STATE
 LEGISLATURE MAY PROVIDE ADDITIONAL  INSTRUCTIONS  BY  SUBSEQUENT  RESOL-
 UTION.
   (C)  A  COMMISSIONER SHALL NOT VOTE IN FAVOR OF ANY PROPOSED AMENDMENT
 THAT WOULD ALTER THE TEXT  OF  THE  SPECIFIC  GUARANTEES  OF  INDIVIDUAL
 LIBERTY  ESTABLISHED  BY  THE  UNITED STATES CONSTITUTION, INCLUDING THE
 ORIGINAL CONSTITUTION, THE BILL OF RIGHTS, AND THE FOLLOWING AMENDMENTS:
 THIRTEENTH, FOURTEENTH,  FIFTEENTH,  NINETEENTH,  TWENTY-THIRD,  TWENTY-
 FOURTH, AND TWENTY-SIXTH.
   (D) THE COMMISSION MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS
 IT  MAY DEEM NECESSARY FOR THE PERFORMANCE OF THE COMMISSION'S FUNCTIONS
 AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR.
   6. OATH. EACH COMMISSIONER SHALL, BEFORE EXERCISING  ANY  FUNCTION  OF
 THE  POSITION,  EXECUTE  THE  FOLLOWING  OATH IN WRITING: "I DO SOLEMNLY
 SWEAR (OR AFFIRM) THAT I ACCEPT AND WILL ACT ACCORDING TO THE LIMITS  OF
 AUTHORITY  SPECIFIED  IN  MY  COMMISSION  AND  ANY PRESENT OR SUBSEQUENT
 INSTRUCTIONS. I UNDERSTAND THAT VIOLATING THIS OATH MAY  SUBJECT  ME  TO
 PENALTIES  PROVIDED  BY  LAW.  I  UNDERSTAND  THAT  I MAY BE RECALLED OR
 SUSPENDED FROM MY DUTIES BY THE NEW YORK STATE LEGISLATURE."
   7. COMPENSATION AND EXPENSES. A COMMISSIONER SHALL  RECEIVE  THE  SAME
 COMPENSATION  AS  A  MEMBER  OF THE ASSEMBLY OF THIS STATE, PRORATED FOR
 LENGTH OF TIME SERVED.
 S. 9200                             3

   8. GIFT PROHIBITION. A COMMISSIONER  SHALL  NOT  ACCEPT,  DURING  SUCH
 COMMISSIONER'S  TIME  OF  SERVICE, ANY GIFTS OR BENEFITS WITH A COMBINED
 VALUE OF MORE THAN TWO HUNDRED DOLLARS, OTHER THAN FROM A MEMBER OF SUCH
 COMMISSIONER'S FAMILY AND OF THE KIND CUSTOMARILY GRANTED BY A MEMBER OF
 ONE'S FAMILY. AN EMPLOYER'S DECISION TO CONTINUE PAYING A COMMISSIONER'S
 CURRENT SALARY SHALL NOT BE CONSTRUED TO BE A GIFT.
   9.  CRIMINAL  PENALTIES. (A) A COMMISSIONER SHALL NOT EXCEED THE SCOPE
 OF SUCH COMMISSIONER'S  AUTHORITY  WHEN  ACTING  AS  A  COMMISSIONER.  A
 COMMISSIONER  EXCEEDS  THE  SCOPE  OF  SUCH  COMMISSIONER'S AUTHORITY BY
 VOTING OR OTHERWISE ACTING BEYOND THE AUTHORITY GRANTED IN SUCH  COMMIS-
 SIONER'S   COMMISSION,   AS   ALTERED   BY  ANY  DULY-ISSUED  SUBSEQUENT
 INSTRUCTIONS PROVIDED BEFORE THE VOTE OR OTHER  ACTION.  A  COMMISSIONER
 WHO  EXCEEDS THE SCOPE OF SUCH COMMISSIONER'S AUTHORITY SHALL BE SUBJECT
 TO A FINE OF FIVE THOUSAND DOLLARS PER VIOLATION.
   (B) ANY INDIVIDUAL WHO, WHILE NOT BEING PRIVILEGED BY  LAW,  KNOWINGLY
 BRIBES,  THREATENS, INTIMIDATES OR OBSTRUCTS A COMMISSIONER, OR A PERSON
 REPRESENTING ANOTHER STATE IN THE CAPACITY OF A COMMISSIONER OR  INTERIM
 COMMISSIONER  AT  AN  ARTICLE  V  CONVENTION  IN THE PERFORMANCE OF SUCH
 COMMISSIONER'S OR INTERIM COMMISSIONER'S DUTIES, OR ATTEMPTS TO  DO  SO,
 SHALL BE SUBJECT TO A FINE OF FIVE THOUSAND DOLLARS.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to article 5-A of the legislative law made by section one
 of this act shall not affect the repeal of such  article  and  shall  be
 deemed repealed therewith.