senate Bill S3331

Proposes a constitutional amendment to create a non-partisan apportionment commission

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 17 / Feb / 2011
    • REFERRED TO JUDICIARY
  • 18 / Feb / 2011
    • TO ATTORNEY-GENERAL FOR OPINION
  • 14 / Mar / 2011
    • REPORTED AND COMMITTED TO RULES
  • 14 / Mar / 2011
    • ORDERED TO THIRD READING CAL.204
  • 14 / Mar / 2011
    • PASSED SENATE
  • 14 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Mar / 2011
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 27 / Apr / 2011
    • OPINION REFERRED TO JUDICIARY
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 09 / Jan / 2012
    • TO ATTORNEY-GENERAL FOR OPINION
  • 08 / Feb / 2012
    • OPINION REFERRED TO JUDICIARY

Summary

Proposes a constitutional amendment to create a non-partisan five member apportionment commission, four members of which shall be appointed by the majority and minority officers of the legislature and the fifth to be selected by the aforesaid four, to create new legislative districts; requires districts to be as compact as possible; sets standards for establishment of legislative districts.

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Bill Details

Versions:
S3331
Legislative Cycle:
2011-2012
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 §§4 & 5, add §5-b, Constn
Versions Introduced in 2009-2010 Legislative Cycle:
S2892

Sponsor Memo

BILL NUMBER:S3331

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 3 of the constitution, in relation
to creating a non-partisan apportionment commission

PURPOSE OR GENERAL IDEA OF BILL:
To create a five member non-partisan apportionment committee for the
purpose of creating new legislative districts every ten years.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends sections 4 and 5 of Article 3 of the Constitution,
and adds a new Section 5-b.

* Article 3 Section 4 is amended to charge a reapportionment
commission (rather than the Legislature) with the responsibility for
apportionment of the Assembly members and adjustment or alteration of
Senate and Assembly districts. Added language provides that:

* In no case shall a Senate district have a population which varies
from the average population of all districts, unless a population
variance is necessary to comply with one of the other standards set
forth in this section, and in no case shall a single district have a
population which varies more than five percent from the average
population of all districts. Congressional districts shall have
populations as nearly equal as is practicable based on the population
reported in the federal census taken in each year ending in zero. No
district for election of members to the United States House of
Representatives shall have a population that varies by more than one
percent from the average population of all congressional districts in
the state.

* The districts of a house shall be as compact as possible, consistent
with the standards listed above. In no case shall the aggregate
length of the boundaries of all the districts of a house exceed by
more than five percent the shortest possible aggregate length of all
the districts under any other plan for the same house that is
consistent with the other standards contained in the Constitution. In
the case of a local political subdivision that has a population
sufficient to establish two or more districts for anyone house, the
aggregate length of the boundaries of all districts for that house
entirely within the political subdivision shall not exceed by more
than five percent the shortest possible aggregate length of the
districts within the political subdivision under any other plan that
is consistent with the other standards contained in the Constitution.

* Districts shall not be drawn for the purpose of favoring any
political party, incumbent legislator or other person or group. In
preparing a plan, the commission shall not consider or take into
account the address of individual persons, including incumbent
legislators. The commission shall not use the political affiliations
of registered voters, previous election results, addresses of
incumbent legislators, addresses of individual persons and
demographic information other than population head counts for the
purpose of favoring any political party, incumbent legislator or


other person or group. Districts shall not be drawn for the purpose
of diluting the voting strength of any language or racial minority
group.

* Article 3 Section 5 is also amended to transfer apportionment
responsibility from the legislature to an apportioning commission,
and imposes requirements on the adjustment of Assembly districts
according to the standards set forth for the Senate above.

* New language regarding supreme court jurisdiction over
reapportionment is substituted for existing language, giving
deadlines for: filing a petition challenging the commission's
apportionment plan (within 45 days of the plan's adoption); for the
court to render a decision (within 60 days after a petition is
filed); and for the commission to prepare a new plan should the court
find that the original plan is inconsistent with any state or federal
constitutional or statutory provision (within 60 days of the court's
decision).

* New language is added providing that a reapportionment plan shall be
in force until the effective date of a plan based on the next census
unless it is modified by court order. A plan shall not be subject to
amendment, approval or repeal by initiative, referendum or act of the
Legislature.

* New language is added providing that the Legislature may define by
law any of the standards in this section and may establish by law
additional standards, consistent with federal and state
constitutional provisions, designed to guarantee fair and effective
representation for all citizens. No law shall modify a plan in effect
at the time of the effective date of that law.

* A new Section 5-b is added to Article 3 providing that in each
census year and at any other time of court ordered apportionment, a
commission shall be established to prepare a reapportionment plan for
state legislative and congressional districts. The commission shall
consist of five members, none of whom may be past or current public
officials, nor past or current office holders in any political party.
The Temporary President of the Senate, the Speaker of the Assembly,
the Minority Leader of the Senate and the Minority Leader of the
Assembly shall each select one member. The four members shall select,
by a vote of at least three members, a fifth member who shall serve
as chair. The Legislature shall establish by law qualifications of
commissioners and procedures for their selection and the filling of
vacancies. The Legislature shall establish by law the duties and
powers of the commission and shall appropriate funds to enable the
commission to carry out its duties.

JUSTIFICATION:
At the beginning of each decade, the Legislature, based on the results
of United States census, must redraw the lines that delineate
Assembly and Senate districts. This reapportionment process is
necessary to maintain the "one person, one vote" principle embodied
in our constitution. Currently, the majority parties in each house
have de facto control of drawing the district lines. There is
widespread perception that the redrawing of district lines is a
politically charged process widely misused for political purposes.


That New York elections demonstrate unusually high re-election rates,
and persistently produce a Democratic Assembly and a Republican
Senate, no doubt contributes to this perception. Moreover, we see
convoluted districts that snake throughout counties, including or
excluding towns, blocks and even individual streets. This suggests
that new districts are often drawn to favor the election of a
candidate from a certain party, and that areas are included or
excluded based on their political and electoral proclivities rather
than a true commonality of interest. This bill provides for a process
far less vulnerable to charges of politicization. It assigns the
responsibility for drawing lines not to the Legislature but to a
reapportionment Commission composed of individuals who do not hold
elective office. The majority and minority leaders of both houses
would each appoint one member to this committee. These four members
would elect a fifth member to serve as chairman. These members are
insulated from political motivations and self-interest in the
redistricting process, and could redraw the districts more
objectively. The bill also combats perceptions of gerrymandering by
providing that each district be as compact as possible and by barring
the use of information other than the United States Census in the
reapportionment plan.

PRIOR LEGISLATIVE HISTORY:
S.2892 of 2009: Referred to Judiciary
S.487 of 2007: Referred to Judiciary
S.7976 of 2006: Referred to Judiciary

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
RESOLVED (if the Assembly concur), that the foregoing amendments
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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3331

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 17, 2011
                               ___________

Introduced  by  Sens.  BONACIC, GRISANTI, KRUGER, OPPENHEIMER, SALAND --
  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 article 3 of the constitution, in relation to
  creating a non-partisan apportionment commission

  Section 1. Resolved (if the Assembly concur), That sections 4 and 5 of
article 3 of the constitution be amended, and a new section 5-b be added
to read as follows:
  S 4. Except as herein otherwise provided, the federal census taken  in
the  year nineteen hundred thirty and each federal census taken decenni-
ally thereafter shall be controlling as to the number of inhabitants  in
the  state  or any part thereof for the purposes of the apportionment of
members of assembly and readjustment or alteration of senate and  assem-
bly  districts  next  occurring,  in so far as such census and the tabu-
lation thereof purport to give the information necessary therefor.  [The
legislature]  AN APPORTIONMENT COMMISSION, by law, shall provide for the
making and tabulation by state authorities  of  an  enumeration  of  the
inhabitants of the entire state to be used for such purposes, instead of
a  federal  census,  if the taking of a federal census in any tenth year
from the year nineteen hundred thirty  be  omitted  or  if  the  federal
census  fails  to  show  the number of aliens or Indians not taxed. If a
federal census, though giving the requisite information as to the  state
at  large,  fails to give the information as to any civil or territorial
divisions which is required to be known for such purposes, the [legisla-
ture] COMMISSION, by law, shall provide for such an enumeration  of  the
inhabitants  of  such parts of the state only as may be necessary, which
shall supersede in part the federal census and  be  used  in  connection
therewith  for such purposes.  The [legislature] COMMISSION, by law, may
provide in its discretion for an enumeration by state authorities of the
inhabitants of the state, to be used for such purposes, in  place  of  a
federal census, when the return of a decennial federal census is delayed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89007-01-1

S. 3331                             2

so  that  it is not available at the beginning of the regular session of
the legislature in the second year after the year nineteen hundred thir-
ty or after any tenth year therefrom, or if an apportionment of  members
of  assembly  and  readjustment or alteration of senate districts is not
made at or before such a session. At the regular  session  in  the  year
nineteen  hundred thirty-two, and at the first regular session after the
year nineteen hundred forty and after  each  tenth  year  therefrom  the
senate  districts shall be readjusted or altered, but if, in any decade,
counting from and including that which begins  with  the  year  nineteen
hundred thirty-one, such a readjustment or alteration is not made at the
time  above  prescribed, it shall be made at a subsequent session occur-
ring not later than the sixth year of such  decade,  meaning  not  later
than  nineteen  hundred thirty-six, nineteen hundred forty-six, nineteen
hundred fifty-six, and so on; provided, however, that if such  districts
shall  have  been  readjusted  or  altered by law in either of the years
nineteen hundred thirty  or  nineteen  hundred  thirty-one,  they  shall
remain unaltered until the first regular session after the year nineteen
hundred  forty.  Such  districts  shall be so readjusted or altered that
each senate district shall contain as nearly as may be an  equal  number
of inhabitants, excluding aliens, and IN NO CASE SHALL A DISTRICT HAVE A
POPULATION  WHICH  VARIES  FROM THE AVERAGE POPULATION OF ALL DISTRICTS,
UNLESS A POPULATION VARIANCE IS NECESSARY TO  COMPLY  WITH  ONE  OF  THE
OTHER STANDARDS SET FORTH IN THIS SECTION, AND IN NO CASE SHALL A SINGLE
DISTRICT  HAVE A POPULATION WHICH VARIES MORE THAN FIVE PERCENT FROM THE
AVERAGE POPULATION OF ALL DISTRICTS. CONGRESSIONAL DISTRICTS SHALL  HAVE
POPULATIONS  AS  NEARLY  EQUAL AS IS PRACTICABLE BASED ON THE POPULATION
REPORTED IN THE FEDERAL CENSUS TAKEN IN EACH YEAR  ENDING  IN  ZERO.  NO
DISTRICT FOR ELECTION OF MEMBERS TO THE UNITED STATES HOUSE OF REPRESEN-
TATIVES  SHALL  HAVE  A POPULATION WHICH VARIES BY MORE THAN ONE PERCENT
FROM THE AVERAGE POPULATION OF ALL CONGRESSIONAL DISTRICTS IN THE STATE.
  SUCH DISTRICTS SHALL be in as compact form as practicable,  and  shall
remain  unaltered  until  the  first  year  of  the next decade as above
defined[, and]. THE DISTRICTS OF A HOUSE SHALL BE AS COMPACT  AS  POSSI-
BLE,  CONSISTENT  WITH  THE STANDARDS LISTED ABOVE. IN NO CASE SHALL THE
AGGREGATE LENGTH OF THE BOUNDARIES OF  ALL  THE  DISTRICTS  OF  A  HOUSE
EXCEED  BY MORE THAN FIVE PERCENT THE SHORTEST POSSIBLE AGGREGATE LENGTH
OF ALL THE DISTRICTS UNDER ANY OTHER PLAN FOR THE  SAME  HOUSE  THAT  IS
CONSISTENT  WITH  THE OTHER STANDARDS CONTAINED IN THIS CONSTITUTION. IN
THE CASE OF A LOCAL POLITICAL SUBDIVISION THAT HAS A  POPULATION  SUFFI-
CIENT  TO  ESTABLISH TWO OR MORE DISTRICTS FOR ANY ONE HOUSE, THE AGGRE-
GATE LENGTH OF THE BOUNDARIES OF ALL DISTRICTS FOR THAT  HOUSE  ENTIRELY
WITHIN  THE  POLITICAL  SUBDIVISION  SHALL  NOT EXCEED BY MORE THAN FIVE
PERCENT THE SHORTEST POSSIBLE AGGREGATE LENGTH OF THE  DISTRICTS  WITHIN
THE  POLITICAL  SUBDIVISION UNDER ANY OTHER PLAN THAT IS CONSISTENT WITH
THE OTHER STANDARDS CONTAINED IN THIS CONSTITUTION.
  SUCH DISTRICTS shall at all times consist of contiguous territory, and
no county shall be divided in the formation of a senate district  except
to  make  two  or  more senate districts wholly in such county. No town,
except a town having more than a full ratio  of  apportionment,  and  no
block  in a city inclosed by streets or public ways, shall be divided in
the formation of senate districts; nor  shall  any  district  contain  a
greater  excess  in  population  over  an adjoining district in the same
county, than the population of a town or block  therein  adjoining  such
district.  Counties,  towns or blocks which, from their location, may be
included in either of two districts, shall be so placed as to make  said
districts most nearly equal in number of inhabitants, excluding aliens.

S. 3331                             3

  No county shall have four or more senators unless it shall have a full
ratio  for each senator. No county shall have more than one-third of all
the senators; and no two counties or the territory thereof as now organ-
ized, which are adjoining counties,  or  which  are  separated  only  by
public waters, shall have more than one-half of all the senators.
  The ratio for apportioning senators shall always be obtained by divid-
ing  the  number  of  inhabitants,  excluding  aliens, by fifty, and the
senate shall always be composed of fifty members,  except  that  if  any
county  having  three  or more senators at the time of any apportionment
shall be entitled on such ratio to an additional  senator  or  senators,
such  additional  senator  or  senators shall be given to such county in
addition to the fifty senators, and the whole number of  senators  shall
be increased to that extent.
  SUCH  DISTRICTS  SHALL  NOT  BE  DRAWN FOR THE PURPOSE OF FAVORING ANY
POLITICAL PARTY, INCUMBENT LEGISLATOR OR OTHER  PERSON  OR  GROUP.    IN
PREPARING A PLAN, THE COMMISSION SHALL NOT CONSIDER OR TAKE INTO ACCOUNT
THE  ADDRESS OF INDIVIDUAL PERSONS, INCLUDING INCUMBENT LEGISLATORS. THE
COMMISSION SHALL  NOT  USE  THE  POLITICAL  AFFILIATIONS  OF  REGISTERED
VOTERS,  PREVIOUS  ELECTION RESULTS, ADDRESSES OF INCUMBENT LEGISLATORS,
ADDRESSES OF INDIVIDUAL PERSONS AND DEMOGRAPHIC INFORMATION  OTHER  THAN
POPULATION  HEAD COUNTS FOR THE PURPOSE OF FAVORING ANY POLITICAL PARTY,
INCUMBENT LEGISLATOR OR OTHER PERSON OR GROUP.
  SUCH DISTRICTS SHALL NOT BE DRAWN FOR  THE  PURPOSE  OF  DILUTING  THE
VOTING STRENGTH OF ANY LANGUAGE OR RACIAL MINORITY GROUP.
  The  senate  districts,  including the present ones, as existing imme-
diately before the enactment of a law readjusting or altering the senate
districts, shall continue to be the senate districts of the state  until
the  expirations of the terms of the senators then in office, except for
the purpose of an election of senators for full terms beginning at  such
expirations, and for the formation of assembly districts.
  S  5.  The members of the assembly shall be chosen by single districts
and shall be apportioned by the [legislature]  APPORTIONMENT  COMMISSION
at  each regular session at which the senate districts are readjusted or
altered, and by the same law, among the several counties of  the  state,
as nearly as may be according to the number of their respective inhabit-
ants,  excluding  aliens.  Every county heretofore established and sepa-
rately organized, except the county of Hamilton, shall always  be  enti-
tled to one member of assembly, and no county shall hereafter be erected
unless its population shall entitle it to a member. The county of Hamil-
ton  shall  elect with the county of Fulton, until the population of the
county of Hamilton shall, according  to  the  ratio,  entitle  it  to  a
member.  But the legislature may abolish the said county of Hamilton and
annex the territory thereof to some other county or counties.
  The quotient obtained by dividing the whole number of  inhabitants  of
the state, excluding aliens, by the number of members of assembly, shall
be  the  ratio  for  apportionment,  which shall be made as follows: One
member of assembly shall  be  apportioned  to  every  county,  including
Fulton  and  Hamilton  as one county, containing less than the ratio and
one-half over. Two members shall be apportioned to every  other  county.
The  remaining  members of assembly shall be apportioned to the counties
having more than two ratios according  to  the  number  of  inhabitants,
excluding aliens. Members apportioned on remainders shall be apportioned
to  the  counties  having  the  highest  remainders in the order thereof
respectively. No county shall have more members of assembly than a coun-
ty having a greater number of inhabitants, excluding aliens.

S. 3331                             4

  The assembly districts, including the present ones, as existing  imme-
diately before the enactment of a law making an apportionment of members
of  assembly  among  the  counties,  shall  continue  to be the assembly
districts of the state until the expiration of the terms of members then
in  office, except for the purpose of an election of members of assembly
for full terms beginning at such expirations.
  In any county entitled to more than one member, the board of  supervi-
sors,  and in any city embracing an entire county and having no board of
supervisors, the common council, or if there be none, the body  exercis-
ing  the powers of a common council, shall assemble at such times as the
[legislature] APPORTIONMENT COMMISSION  making  an  apportionment  shall
prescribe[, and].
  THE  APPORTIONMENT COMMISSION SHALL divide such counties into assembly
districts as nearly equal in number of inhabitants, excluding aliens, as
may be, of convenient and contiguous territory in  as  compact  form  as
practicable,  AS REQUIRED UNDER THE PROVISIONS FOR SENATE APPORTIONMENT,
each of which shall be wholly within a senate district formed under  the
same  apportionment, equal to the number of members of assembly to which
such county shall be entitled, and shall cause to be filed in the office
of the secretary of state and of the clerk of such county, a description
of such districts, specifying the number of each  district  and  of  the
inhabitants  thereof,  excluding  aliens,  according  to  the  census or
enumeration used as the population  basis  for  the  formation  of  such
districts;  and  such apportionment and districts shall remain unaltered
until after the next reapportionment of members of assembly, except that
the board of supervisors of any county containing  a  town  having  more
than  a  ratio of apportionment and one-half over may alter the assembly
districts in a senate district containing such town at any  time  on  or
before  March first, nineteen hundred forty-six. In counties having more
than one senate district, the same number of assembly districts shall be
put in each senate district, unless the  assembly  districts  cannot  be
evenly  divided  among the senate districts of any county, in which case
one more assembly district shall be put in the senate district  in  such
county having the largest, or one less assembly district shall be put in
the  senate district in such county having the smallest number of inhab-
itants, excluding aliens, as the case may require.  No  town,  except  a
town having more than a ratio of apportionment and one-half over, and no
block  in a city inclosed by streets or public ways, shall be divided in
the formation of assembly districts, nor shall any districts  contain  a
greater  excess  in  population  over  an adjoining district in the same
senate district, than the population of a town or block therein  adjoin-
ing  such  assembly district. Towns or blocks which, from their location
may be included in either of two districts, shall be  so  placed  as  to
make  said districts most nearly equal in number of inhabitants, exclud-
ing aliens. Nothing in this section shall prevent the division,  at  any
time,  of counties and towns and the erection of new towns by the legis-
lature.
  [An apportionment by the legislature, or other body, shall be  subject
to  review  by the supreme court, at the suit of any citizen, under such
reasonable regulations as the legislature may prescribe; and  any  court
before  which  a  cause may be pending involving an apportionment, shall
give precedence thereto over all other causes and  proceedings,  and  if
said  court be not in session it shall convene promptly for the disposi-
tion of the same.]
  THE STATE SUPREME COURT SHALL  HAVE  ORIGINAL  JURISDICTION  OVER  ANY
APPORTIONMENT  MATTER.  THE  COURT SHALL HAVE JURISDICTION TO COMPEL THE

S. 3331                             5

COMMISSION OR ANY PERSON TO PERFORM DUTIES REQUIRED OF THE COMMISSION OR
THAT PERSON BY THIS SECTION OR ANY LAW ENACTED PURSUANT TO THIS  SECTION
UPON  PETITION  OF ANY REGISTERED VOTER. ANY REGISTERED VOTER MAY FILE A
PETITION  WITH  THE  COURT  CHALLENGING  A PLAN OF THE COMMISSION WITHIN
FORTY-FIVE DAYS OF THE ADOPTION OF A PLAN. THE COURT MAY CONSOLIDATE ANY
OR ALL PETITIONS AND SHALL GIVE ALL  PETITIONS  REGARDING  APPORTIONMENT
PRECEDENCE  OVER  ALL OTHER MATTERS. THE COURT SHALL RENDER ITS DECISION
WITHIN SIXTY DAYS AFTER A PETITION IS FILED. IF THE COURT FINDS THAT THE
PLAN IS NOT CONSISTENT WITH THE REQUIREMENTS OF  ANY  FEDERAL  OR  STATE
CONSTITUTIONAL  OR STATUTORY PROVISION, THE COURT SHALL DECLARE THE PLAN
INVALID IN WHOLE OR IN PART AND SHALL ORDER THE COMMISSION TO PREPARE  A
NEW PLAN WITHIN SIXTY DAYS.
  A REAPPORTIONMENT PLAN SHALL BE IN FORCE UNTIL THE EFFECTIVE DATE OF A
PLAN  BASED  UPON THE FOLLOWING FEDERAL CENSUS TAKEN IN A YEAR ENDING IN
ZERO UNLESS MODIFIED PURSUANT TO COURT  ORDER.  A  REAPPORTIONMENT  PLAN
SHALL  NOT  BE  SUBJECT  TO AMENDMENT, APPROVAL OR REPEAL BY INITIATIVE,
REFERENDUM OR ACT OF THE LEGISLATURE.
  THE LEGISLATURE MAY DEFINE BY LAW ANY OF THE STANDARDS  ENUMERATED  IN
THIS  SECTION  AND  MAY  ESTABLISH  BY  LAW ADDITIONAL STANDARDS, NOT IN
CONFLICT WITH THE CONSTITUTION OF THE UNITED STATES  OR  THIS  CONSTITU-
TION,  DESIGNED  TO  GUARANTEE FAIR AND EFFECTIVE REPRESENTATION FOR ALL
CITIZENS. NO LAW ENACTED UNDER THIS  SECTION  SHALL  MODIFY  A  PLAN  IN
EFFECT AT THE TIME OF THE EFFECTIVE DATE OF THAT LAW.
  S  5-B.  IN  EACH  YEAR  ENDING IN ZERO AND AT ANY OTHER TIME OF COURT
ORDERED APPORTIONMENT, AN APPORTIONMENT COMMISSION SHALL BE  ESTABLISHED
TO PREPARE A REAPPORTIONMENT PLAN FOR STATE LEGISLATIVE AND CONGRESSION-
AL DISTRICTS. THE COMMISSION SHALL CONSIST OF FIVE MEMBERS, NONE OF WHOM
MAY  BE  PAST  OR  CURRENT  PUBLIC OFFICIALS, NOR PAST OR CURRENT OFFICE
HOLDERS IN ANY POLITICAL PARTY. THE TEMPORARY PRESIDENT OF  THE  SENATE,
THE  SPEAKER  OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE
MINORITY LEADER OF THE ASSEMBLY SHALL EACH SELECT ONE MEMBER.  THE  FOUR
MEMBERS SO SELECTED SHALL SELECT, BY A VOTE OF AT LEAST THREE MEMBERS, A
FIFTH  MEMBER  WHO SHALL SERVE AS CHAIR. THE LEGISLATURE SHALL ESTABLISH
BY  LAW  QUALIFICATIONS  OF  COMMISSIONERS  AND  PROCEDURES  FOR   THEIR
SELECTION  AND THE FILLING OF VACANCIES. THE LEGISLATURE SHALL ESTABLISH
BY LAW THE DUTIES AND POWERS OF THE  COMMISSION  AND  SHALL  APPROPRIATE
FUNDS TO ENABLE THE COMMISSION TO CARRY OUT ITS DUTIES.
  S  2. Resolved (if the Assembly concur), That the foregoing amendments
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.

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