S T A T E   O F   N E W   Y O R K
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                                  6721

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced by M. of A. TEDISCO, CALHOUN, FINCH, QUINN -- Multi-Sponsored
  by  --  M.  of A.   BACALLES, BARCLAY, BURLING, BUTLER, CONTE, CROUCH,
  ERRIGO, FITZPATRICK, McDONOUGH, MILLER, OAKS, O'MARA,  RAIA,  SAYWARD,
  THIELE  --  read  once  and  referred to the Committee on Governmental
  Operations

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing amendments to article 3 of the constitution,  in  relation  to
  the  composition  of the legislature; and to repeal certain provisions
  of such article

  Section 1. Resolved (if the Senate concur), That sections 2, 3,  4,  5
and  5-a  of  article  3  of  the constitution are REPEALED and five new
sections 2, 3, 4, 5 and 5-a are added to read as follows:
  S 2. FOLLOWING THE 2010 CENSUS THE SENATE SHALL CONSIST  OF  SIXTY-TWO
MEMBERS.  SUCH MEMBERS SHALL BE ELECTED FOR TWO YEAR TERMS. THE ASSEMBLY
SHALL CONSIST OF ONE HUNDRED FIFTY MEMBERS. SUCH MEMBERS SHALL SERVE FOR
TWO YEAR TERMS.
  S 3. FOLLOWING EACH DECENNIAL FEDERAL  CENSUS  OR  WHENEVER  THERE  IS
REASON TO REAPPORTION THE LEGISLATURE OR TO PROVIDE FOR NEW CONGRESSION-
AL  DISTRICT  BOUNDARIES IN THE STATE, OR BOTH, BECAUSE OF A NEW FEDERAL
CENSUS OR BECAUSE OF A DECISION OF A COURT OF COMPETENT JURISDICTION, OR
DETERMINATION OF A FEDERAL AGENCY OR DEPARTMENT, A COMMISSION FOR  REAP-
PORTIONMENT  SHALL  BE  FORMED  ON ORDER OF THE SECRETARY OF STATE.  THE
COMMISSION SHALL CONSIST OF NINETEEN MEMBERS TO BE APPOINTED AS FOLLOWS:
THREE MEMBERS OF THE COMMISSION SHALL BE APPOINTED BY THE GOVERNOR,  ONE
BY  THE TEMPORARY PRESIDENT OF THE SENATE, ONE BY THE MINORITY LEADER OF
THE SENATE, ONE BY THE SPEAKER OF THE ASSEMBLY AND ONE BY  THE  MINORITY
LEADER  OF  THE ASSEMBLY.   THE TWELVE REMAINING MEMBERS SHALL REPRESENT
EACH OF THE STATE'S JUDICIAL DISTRICTS AND SHALL BE  SELECTED  BASED  ON
ELECTIONS HELD IN EACH OF THE STATE'S JUDICIAL DISTRICTS IN THE ELECTION
IMMEDIATELY  PRECEDING THE TAKING OF THE FEDERAL CENSUS. NO MEMBER SHALL
BE ELIGIBLE TO SERVE AS AN ELECTED REPRESENTATIVE OF A JUDICIAL DISTRICT
WHO IS CURRENTLY A MEMBER OF THE STATE SENATE OR ASSEMBLY. IN THE  EVENT

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

                                                           LBD89127-01-9

A. 6721                             2

OF A VACANCY THE RESPECTIVE APPOINTING AUTHORITY SHALL HAVE THE AUTHORI-
TY  TO  APPOINT NEW MEMBERS; IN THE CASE OF A VACANCY CREATED IN A JUDI-
CIAL DISTRICT THE GOVERNOR SHALL HAVE THE AUTHORITY TO APPOINT  REPLACE-
MENTS.
  S  4.  USING  THE  LATEST DATA FROM THE MOST RECENT FEDERAL CENSUS THE
COMMISSION FOR REAPPORTIONMENT SHALL HAVE THE RESPONSIBILITY FOR SUBMIT-
TING A PLAN FOR CONGRESSIONAL AND LEGISLATIVE  REDISTRICTING  CONSISTENT
WITH  THE  PROVISIONS  OF THIS ARTICLE. IN ACCORDANCE WITH THE FOLLOWING
CRITERIA:
  1. DISTRICTS SHALL CONTAIN AS NEARLY AS PRACTICABLE AN EQUAL NUMBER OF
INHABITANTS AND IN NO EVENT SHALL THERE BE  MORE  THAN  A  FIVE  PERCENT
DEVIATION  BETWEEN THE MOST POPULOUS AND LEAST POPULOUS DISTRICTS IN THE
STATE.
  2. COMMUNITIES OF INTEREST: DISTRICTS SHALL BE BASED ON  CONSIDERATION
OF  THE  VARIED FACTORS THAT CAN BE CREATED OR CONTRIBUTE TO COMMUNITIES
OF INTEREST. THESE FACTORS MAY INCLUDE ECONOMIC FACTORS, SOCIAL FACTORS,
CULTURAL FACTORS,  GEOGRAPHIC  FACTORS,  GOVERNMENTAL  JURISDICTION  AND
SERVICE  DELIVERY AREAS. POLITICAL BELIEFS, VOTING TRENDS AND INCUMBENCY
CONSIDERATIONS ARE SECONDARY IN DETERMINING COMMUNITIES OF INTEREST.
  3. CONTIGUITY AND COMPACTNESS: DISTRICTS SHALL AT ALL TIMES CONSIST OF
CONTIGUOUS TERRITORY, AND BE IN AS COMPACT FORM AS PRACTICABLE. NO TOWN,
EXCEPT A TOWN HAVING MORE THAN A FULL RATIO  OF  APPORTIONMENT,  AND  NO
BLOCK  IN A CITY ENCLOSED BY STREETS OR PUBLIC WAYS, SHALL BE DIVIDED IN
THE FORMATION OF A DISTRICT.
  4. CONFLICT OF CRITERIA:  ALL  OF  THE  FOREGOING  CRITERIA  SHALL  BE
CONSIDERED  IN  THE REDISTRICTING PROCESS, BUT POPULATION EQUALITY AMONG
DISTRICTS SHALL BE GIVEN FIRST PRIORITY AND PRESERVATION OF  COMMUNITIES
OF  INTEREST  SHALL  BE  GIVEN  SECOND PRIORITY IN THE EVENT OF CONFLICT
AMONG THE CRITERIA. IN DEVELOPING A  PROPOSED  MAP  THE  COMMISSION  FOR
REAPPORTIONMENT  SHALL  HOLD  MEETINGS ACROSS THE STATE TO RECEIVE INPUT
FROM INTERESTED CITIZENS. ALL MEETINGS OF THE  COMMISSION  FOR  REAPPOR-
TIONMENT  SHALL  BE  SUBJECT TO THE PROVISIONS OF THE OPEN MEETINGS LAW.
ALL PLANS APPROVED BY THE COMMISSION FOR REAPPORTIONMENT SHALL BE  BASED
ON  THE  APPROVAL OF A MAJORITY OF ITS MEMBERS AS REFLECTED IN A VOTE OF
THE COMMISSION FOR REAPPORTIONMENT AS A REGULARLY SCHEDULED MEETING.
  S 5. CONSISTENT WITH THE CRITERIA  LISTED  ABOVE  THE  COMMISSION  FOR
REAPPORTIONMENT  SHALL  BE  RESPONSIBLE  FOR  SUBMITTING FOR LEGISLATIVE
APPROVAL A PROPOSED MAP  FOR  THE  REDISTRICTING  OF  CONGRESSIONAL  AND
LEGISLATIVE  DISTRICT BOUNDARIES NO LATER THAN NINETY DAYS FOLLOWING THE
DATE IN WHICH IT IS CONVENED. THE LEGISLATURE  SHALL  HAVE  THIRTY  DAYS
FROM  THE  DATE THE PLAN IS SUBMITTED TO APPROVE OR DISAPPROVE THE PLAN.
IF THE LEGISLATURE VOTES TO DISAPPROVE THE PLAN OR DOES NOT APPROVE  THE
PLAN  WITHIN  THIRTY  DAYS OF ITS SUBMISSION THE COMMISSION FOR REAPPOR-
TIONMENT WILL RECONSIDER ITS PLAN  MAKING  APPROPRIATE  AMENDMENTS  WHEN
NECESSARY.   IF THE LEGISLATURE REJECTS THIS RESUBMITTED PLAN A COURT OF
COMPETENT JURISDICTION WILL  HAVE  THE  RIGHT  TO  DEVISE  A  PLAN  THAT
COMPLIES WITH STATE AND FEDERAL LAWS AND REGULATIONS. THE COMMISSION FOR
REAPPORTIONMENT  SHALL HAVE STANDING TO BRING SUCH AN ACTION. NOTHING IN
THIS ARTICLE SHALL PROHIBIT  THE  COMMISSION  FOR  REAPPORTIONMENT  FROM
SUBMITTING  ADDITIONAL  PLANS  WHEN  THE  LEGISLATURE  HAS  NOT VOTED TO
APPROVE ITS PREVIOUS SUBMISSION. IN NO EVENT SHALL  A  PLAN  FOR  REDIS-
TRICTING CONGRESSIONAL OR LEGISLATIVE DISTRICTS BE ENACTED BY THE LEGIS-
LATURE  UNLESS  SUCH  PLAN HAS FIRST BEEN APPROVED BY THE COMMISSION FOR
REAPPORTIONMENT OR COURT OF COMPETENT JURISDICTION.  ALL  PLANS  CREATED
PURSUANT TO THIS ARTICLE SHALL BE THE PLAN SUBMITTED FOR APPROVAL TO THE
FEDERAL GOVERNMENT AS REQUIRED UNDER THE FEDERAL VOTING RIGHTS ACT.  ALL

A. 6721                             3

DATA,  INCLUDING  ALL DEMOGRAPHIC AND OTHER STATISTICAL INFORMATION USED
BY THE COMMISSION IN DEVELOPING A PLAN SHALL BE MADE  AVAILABLE  TO  THE
PUBLIC  AT  THE SAME TIME ANY PROPOSED PLAN IS SUBMITTED TO THE LEGISLA-
TURE.
  S  5-A.  ALL  PLANS CREATED PURSUANT TO THE PROVISIONS OF THIS ARTICLE
SHALL BE FINALIZED IN TIME FOR PERSONS TO BE QUALIFIED AS CANDIDATES  IN
THE  DISTRICTS  CREATED  PURSUANT TO THIS ARTICLE IN THE ELECTIONS IMME-
DIATELY SUCCEEDING THE CREATING OF THE COMMISSION FOR REAPPORTIONMENT.
  S 2. Resolved (if the Senate concur), That the foregoing amendment  be
referred  to  the  first regular legislative session convening after the
next 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.