Assembly Bill A11621

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

                                  11621

                          I N  A S S E M B L Y

                              July 6, 2010
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Castro) --
  read once and referred to the Committee on Governmental Operations

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 7 of article 3 and section 2 of  arti-
  cle 4 of the constitution, in relation to removing the five year resi-
  dency  requirement  for  serving  as  a member of the legislature, the
  governor or lieutenant-governor

  Section 1. Resolved (if the Senate concur), That section 7 of  article
3 of the constitution be amended to read as follows:
  S 7. No person shall serve as a member of the legislature unless he or
she  is  a  citizen of the United States and [has been] IS a resident of
the state of New York [for  five  years],  and,  except  as  hereinafter
otherwise  prescribed, of the assembly or senate district for the twelve
months immediately preceding his or her election; if elected  a  senator
or  member  of assembly at the first election next ensuing after a read-
justment or alteration of  the  senate  or  assembly  districts  becomes
effective,  a  person, to be eligible to serve as such, must have been a
resident of the county in which  the  senate  or  assembly  district  is
contained  for  the  twelve  months  immediately  preceding  his  or her
election. No member of the legislature shall, during the time for  which
he  or she was elected, receive any civil appointment from the governor,
the governor and the senate, the legislature or from  any  city  govern-
ment,  to  an  office  which  shall have been created, or the emoluments
whereof shall have been increased during such time. If a member  of  the
legislature be elected to congress, or appointed to any office, civil or
military,  under  the  government of the United States, the state of New
York, or under any city government except as a member  of  the  national
guard  or  naval  militia  of the state, or of the reserve forces of the
United States, his or her acceptance thereof shall  vacate  his  or  her
seat in the legislature, providing, however, that a member of the legis-
lature  may be appointed commissioner of deeds or to any office in which
he or she shall receive no compensation.
  S 2. Resolved (if the Senate concur), That section 2 of article  4  of
the constitution be amended to read as follows:

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

                                                           LBD89196-01-0

A. 11621                            2

  S 2. No person shall be eligible to the office of governor or lieuten-
ant-governor,  except  a citizen of the United States, of the age of not
less than thirty years[, and  who  shall  have  been  five  years]  next
preceding the election WHO IS a resident of this state.
  S  3.  Resolved (if the Senate concur), That the foregoing be referred
to the first  regular  legislative  session  convening  after  the  next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.