S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1954
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 18, 2019
                                ___________
 
 Introduced by M. of A. CROUCH -- read once and referred to the Committee
   on Governmental Operations
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to sections 2 and 4 of article 3 of the constitu-
   tion, in relation to Senate apportionment
 
   Section  1. Resolved (if the Senate concur), That section 2 of article
 3 of the constitution be amended to read as follows:
   § 2. The senate shall consist of [fifty] SIXTY-TWO members[, except as
 hereinafter provided]. The senators elected in  the  year  one  thousand
 eight  hundred and ninety-five shall hold their offices for three years,
 and their successors shall be chosen for two years. The  assembly  shall
 consist  of  one hundred and fifty members. The assembly members elected
 in the year one  thousand  nine  hundred  and  thirty-eight,  and  their
 successors, shall be chosen for two years.
   §  2.  Resolved (if the Senate concur), That section 4 of article 3 of
 the constitution be amended to read as follows:
   § 4. (a) Except as herein otherwise provided, the federal census taken
 in the year nineteen hundred thirty and each federal census taken decen-
 nially 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]
 assembly  districts  next  occurring,  in  so far as such census and the
 tabulation thereof purport to give the information  necessary  therefor.
 The  legislature, 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 legislature, by  law,  shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89027-01-9

 A. 1954                             2
 
 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 feder-
 al census and be used in connection therewith for such  purposes.    The
 legislature, 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 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 thirty 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 regu-
 lar 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 occurring 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.  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. In the reapportionment of senate districts, no district shall
 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.
   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.]
   (b) The independent redistricting commission established  pursuant  to
 section  five-b  of  this  article shall prepare a redistricting plan to
 establish [senate,] assembly,  and  congressional  districts  every  ten
 years  commencing  in  two  thousand twenty-one, and shall submit to the
 legislature such plan and the implementing legislation  therefor  on  or
 before  January  first or as soon as practicable thereafter but no later
 than January fifteenth in the year ending in two beginning in two  thou-
 sand  twenty-two.    The  redistricting  plans for the assembly [and the
 senate] shall be [contained in and] voted upon by the legislature  in  a
 single  bill, and the congressional district plan may be included in the
 same bill if the legislature chooses to do so.  The implementing  legis-
 lation  shall  be  voted  upon,  without amendment, by the senate or the
 assembly and if approved by the first house voting upon it, such  legis-
 lation  shall  be  delivered  to the other house immediately to be voted
 upon without amendment.  If approved by both  houses,  such  legislation
 shall be presented to the governor for action.
   If either house shall fail to approve the legislation implementing the
 first  redistricting  plan,  or the governor shall veto such legislation

 A. 1954                             3
 
 and the legislature shall fail to override such veto, each house or  the
 governor  if  he or she vetoes it, shall notify the commission that such
 legislation has been disapproved.  Within fifteen days of such notifica-
 tion and in no case later than February twenty-eighth, the redistricting
 commission  shall  prepare and submit to the legislature a second redis-
 tricting plan and the necessary implementing legislation for such  plan.
 Such  legislation  shall be voted upon, without amendment, by the senate
 or the assembly and, if approved by the first house voting upon it, such
 legislation shall be delivered to the  other  house  immediately  to  be
 voted  upon  without amendment.  If approved by both houses, such legis-
 lation shall be presented to the governor for action.
   If either house shall fail to approve the legislation implementing the
 second redistricting plan, or the governor shall veto  such  legislation
 and  the  legislature shall fail to override such veto, each house shall
 introduce such implementing legislation with any amendments  each  house
 of  the  legislature deems necessary.   All such amendments shall comply
 with the provisions of this article.  If approved by both  houses,  such
 legislation shall be presented to the governor for action.
   All  votes  by the senate or assembly on any redistricting plan legis-
 lation pursuant to this article shall be conducted  in  accordance  with
 the following rules:
   (1)  In  the  event that the speaker of the assembly and the temporary
 president of the senate are members of two different political  parties,
 approval  of  legislation  submitted  by  the  independent redistricting
 commission pursuant to subdivision (f) of section five-b of this article
 shall require the vote in support of its passage by at least a  majority
 of the members elected to each house.
   (2)  In  the  event that the speaker of the assembly and the temporary
 president of the senate are members of two different political  parties,
 approval  of  legislation  submitted  by  the  independent redistricting
 commission pursuant to subdivision (g) of section five-b of this article
 shall require the vote in support of  its  passage  by  at  least  sixty
 percent of the members elected to each house.
   (3)  In  the  event that the speaker of the assembly and the temporary
 president of the  senate  are  members  of  the  same  political  party,
 approval  of  legislation  submitted  by  the  independent redistricting
 commission pursuant to subdivision (f) or (g) of section five-b of  this
 article  shall  require  the  vote in support of its passage by at least
 two-thirds of the members elected to each house.
   (c) Subject to the requirements of the federal constitution and  stat-
 utes  and  in  compliance  with  state  constitutional requirements, the
 following principles shall be used in the creation of [state senate and]
 state assembly districts and congressional districts:
   (1) When drawing district lines, the commission shall consider whether
 such lines would result in  the  denial  or  abridgement  of  racial  or
 language  minority  voting  rights,  and districts shall not be drawn to
 have the purpose of, nor shall they result in, the denial or abridgement
 of such rights. Districts shall be drawn so that, based on the  totality
 of  the  circumstances,  racial  or minority language groups do not have
 less opportunity to participate in  the  political  process  than  other
 members of the electorate and to elect representatives of their choice.
   (2)  To  the  extent practicable, districts shall contain as nearly as
 may be an equal number of inhabitants.  For each district that  deviates
 from  this  requirement,  the commission shall provide a specific public
 explanation as to why such deviation exists.
   (3) Each district shall consist of contiguous territory.

 A. 1954                             4
 
   (4) Each district shall be as compact in form as practicable.
   (5)  Districts shall not be drawn to discourage competition or for the
 purpose of favoring or disfavoring incumbents or other particular candi-
 dates or political parties. The commission shall  consider  the  mainte-
 nance of cores of existing districts, of pre-existing political subdivi-
 sions,  including  counties,  cities,  and  towns, and of communities of
 interest.
   [(6) In drawing senate districts, 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.
 The  requirements that senate districts not divide counties or towns, as
 well as the 'block-on-border' and 'town-on-border' rules,  shall  remain
 in effect.]
   During  the  preparation  of  the  redistricting plan, the independent
 redistricting commission shall conduct not less than one public  hearing
 on  proposals  for the redistricting of congressional and state legisla-
 tive districts in each of the following  (i)  cities:  Albany,  Buffalo,
 Syracuse,  Rochester, and White Plains; and (ii) counties: Bronx, Kings,
 New York, Queens, Richmond, Nassau, and  Suffolk.  Notice  of  all  such
 hearings  shall  be  widely published using the best available means and
 media a reasonable time before every hearing. At least thirty days prior
 to the first public hearing and in any event  no  later  than  September
 fifteenth  of the year ending in one or as soon as practicable thereaft-
 er, the independent redistricting commission shall make widely available
 to the public, in print form and using the  best  available  technology,
 its  draft  redistricting plans, relevant data, and related information.
 Such plans, data, and information shall be in a  form  that  allows  and
 facilitates their use by the public to review, analyze, and comment upon
 such  plans and to develop alternative redistricting plans for presenta-
 tion to the commission at the public hearings.  The  independent  redis-
 tricting  commission  shall  report the findings of all such hearings to
 the legislature upon submission of a redistricting plan.
   (d) [The ratio for apportioning senators shall always be  obtained  by
 dividing  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.
   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.] ONE SENATOR
 SHALL BE APPORTIONED TO EACH COUNTY OF THE STATE HERETOFORE  ESTABLISHED
 AND SEPARATELY ORGANIZED.
   (e)  The  process  for redistricting congressional and state [legisla-
 tive] ASSEMBLY districts established by this section and  sections  five
 and  five-b  of  this  article  shall govern redistricting in this state
 except to the extent that a court is required to order the adoption  of,
 or changes to, a redistricting plan as a remedy for a violation of law.
   A  reapportionment plan and the districts contained in such plan shall
 be in force until the effective date of a plan based upon the subsequent

 A. 1954                             5
 
 federal decennial census taken in a year ending in zero unless  modified
 pursuant to court order.
   §  3. Resolved (if the Senate concur), That the foregoing amendment 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.