S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2047
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2019
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing amendments to section 4 and section 5-a of article  3  of  the
   constitution, in relation to the number of senators and the apportion-
   ment of senate districts
 
   Section  1. Resolved (if the Assembly concur), That sections 4 and 5-a
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89076-01-9

 S. 2047                             2
 
 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 regular
 session  in the year nineteen hundred thirty-two, and at the first regu-
 lar 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  subse-
 quent  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.] EACH
 COUNTY OF THE STATE, REGARDLESS OF POPULATION, SHALL BE  REPRESENTED  BY
 ONE  SENATOR.  SENATE  DISTRICTS SHALL BE APPORTIONED AS ONE SENATOR PER
 COUNTY.
   (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
 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-

 S. 2047                             3
 
 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.
   (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-

 S. 2047                             4
 
 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.] EACH SENATE DISTRICT SHALL BE SOLELY COMPRISED OF ONE COUNTY
 IN ITS ENTIRETY. THE NUMBER OF SENATE DISTRICTS SHALL BE CONSISTENT WITH
 THE NUMBER OF COUNTIES WITHIN THE STATE.
   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] BE IN THE FORM OF ASSIGNING ONE SENATOR FOR
 EACH COUNTY IN THE STATE.
   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.
   (e) The process for redistricting congressional and state  legislative
 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
 federal decennial census taken in a year ending in zero unless  modified
 pursuant to court order.
   § 5-a. For the purpose of apportioning [senate and] assembly districts
 pursuant to the foregoing provisions of this article, the term "inhabit-
 ants, excluding aliens" shall mean the whole number of persons.

 S. 2047                             5
 
   § 2. Resolved (if the Assembly 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.