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
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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and 5-a of article 3 of the constitution are REPEALED and five new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.