S T A T E   O F   N E W   Y O R K
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                                  2777

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 1, 2011
                               ___________

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

  Section  1. Resolved (if the Assembly concur), That section 2 of arti-
cle 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
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.
              

                                                           LBD89071-01-1

S. 2777                             2

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 Assembly 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.