Bill Text: NY A04445 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits members of the legislature from also serving as a delegate to a constitutional convention.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-05-22 - held for consideration in judiciary [A04445 Detail]

Download: New_York-2011-A04445-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4445
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced  by M. of A. BOYLE -- read once and referred to the Committee
         on Judiciary
                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
       proposing an amendment to article 19 of the constitution, in relation to
         a constitutional convention
    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    S  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.  HOWEVER, NO DELE-
   13  GATE  MAY  CONCURRENTLY SERVE AS A MEMBER OF THE LEGISLATURE. The deleg-
   14  ates so elected shall convene at the capitol on  the  first  Tuesday  of
   15  April  next  ensuing  after  their  election,  and  shall continue their
   16  session until the business of such convention shall have been completed.
   17  Every delegate shall receive for his or her services  the  same  compen-
   18  sation  as shall then be annually payable to the members of the assembly
   19  and be reimbursed for actual traveling expenses, while the convention is
   20  in session, to the extent that a member of the assembly  would  then  be
   21  entitled thereto in the case of a session of the legislature. A majority
   22  of the convention shall constitute a quorum for the transaction of busi-
   23  ness,  and  no  amendment  to  the  constitution  shall be submitted for
   24  approval to the electors as hereinafter provided, unless by  the  assent
   25  of  a  majority of all the delegates elected to the convention, the ayes
   26  and noes being entered on the journal to be kept. The  convention  shall
   27  have  the power to appoint such officers, employees and assistants as it
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89091-01-1
       A. 4445                             2
    1  may deem necessary, and fix their compensation and to  provide  for  the
    2  printing  of  its  documents, journal, proceedings and other expenses of
    3  said convention. The convention shall determine the  rules  of  its  own
    4  proceedings,  choose its own officers, and be the judge of the election,
    5  returns and qualifications of its members. In  case  of  a  vacancy,  by
    6  death,  resignation  or other cause, of any district delegate elected to
    7  the convention, such vacancy shall be filled by a vote of the  remaining
    8  delegates  representing  the  district  in which such vacancy occurs. If
    9  such vacancy occurs in the office of a delegate-at-large,  such  vacancy
   10  shall  be  filled  by  a  vote  of the remaining delegates-at-large. Any
   11  proposed constitution or constitutional amendment which shall have  been
   12  adopted by such convention, shall be submitted to a vote of the electors
   13  of  the state at the time and in the manner provided by such convention,
   14  at an election which shall be held not less than  six  weeks  after  the
   15  adjournment  of  such convention. Upon the approval of such constitution
   16  or constitutional amendments, in the manner provided in the last preced-
   17  ing section, such constitution or  constitutional  amendment,  shall  go
   18  into effect on the first day of January next after such approval.
   19    S  2. Resolved (if the Senate concur), That the foregoing amendment be
   20  referred to the first regular legislative session  convening  after  the
   21  next  succeeding  general  election  of members of the assembly, and, in
   22  conformity with  section  1  of  article  19  of  the  constitution,  be
   23  published for 3 months previous to the time of such election.