S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4063
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, RIVERA, TAPIA, SEAWRIGHT, DeSTEFANO,
   MORINELLO, AUBRY -- read once and referred to the Committee on Govern-
   mental Operations
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to section 7 of article 3 of the constitution, in
   relation to resignation of members of the legislature who move out  of
   their district during their term
 
   Section  1. Resolved (if the Senate concur), That section 7 of article
 3 of the constitution be amended to read as follows:
   § 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  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  readjust-
 ment  or  alteration  of the senate or assembly districts becomes effec-
 tive, a person, to be eligible to serve as such, must have been a  resi-
 dent 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 government, 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 legislature
 may be appointed commissioner of deeds or to any office in which  he  or
 she  shall receive no compensation. IF A MEMBER OF THE LEGISLATURE SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89042-01-3
 A. 4063                             2
 
 MOVE THEIR RESIDENCE OUT OF THE SENATE OR ASSEMBLY  DISTRICT  THEY  WERE
 ELECTED  TO  SERVE DURING THE TIME FOR WHICH HE OR SHE WAS ELECTED HE OR
 SHE SHALL IMMEDIATELY VACATE HIS OR HER SEAT IN THE LEGISLATURE.
   § 2. Resolved (if the Senate concur), That the foregoing amendments 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.