S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5905--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 6, 2015
                                      ___________
       Introduced by M. of A. CROUCH -- read once and referred to the Committee
         on  Governmental  Operations  --  committee  discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
                   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
    1    Section 1. Resolved (if the Senate concur), That section 2 of  article
    2  3 of the constitution be amended to read as follows:
    3    S 2. The senate shall consist of [fifty] SIXTY-TWO members[, except as
    4  hereinafter  provided].  The  senators  elected in the year one thousand
    5  eight hundred and ninety-five shall hold their offices for three  years,
    6  and  their  successors shall be chosen for two years. The assembly shall
    7  consist of one hundred and fifty members. The assembly  members  elected
    8  in  the  year  one  thousand  nine  hundred  and thirty-eight, and their
    9  successors, shall be chosen for two years.
   10    S 2. Resolved (if the Senate concur), That section 4 of article  3  of
   11  the constitution be amended to read as follows:
   12    S 4. (a) Except as herein otherwise provided, the federal census taken
   13  in the year nineteen hundred thirty and each federal census taken decen-
   14  nially  thereafter  shall be controlling as to the number of inhabitants
   15  in the state or any part thereof for the purposes of  the  apportionment
   16  of  members  of  assembly and readjustment or alteration of [senate and]
   17  assembly districts next occurring, in so far  as  such  census  and  the
   18  tabulation  thereof  purport to give the information necessary therefor.
   19  The legislature, by law, shall provide for the making and tabulation  by
   20  state  authorities  of  an  enumeration of the inhabitants of the entire
   21  state to be used for such purposes, instead of a federal census, if  the
   22  taking  of  a  federal  census  in any tenth year from the year nineteen
   23  hundred thirty be omitted or if the federal census  fails  to  show  the
   24  number  of  aliens  or  Indians  not  taxed. If a federal census, though
   25  giving the requisite information as to the state at large, fails to give
   26  the information as to  any  civil  or  territorial  divisions  which  is
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89076-03-5
       A. 5905--A                          2
    1  required  to  be known for such purposes, the legislature, by law, shall
    2  provide for such an enumeration of the inhabitants of such parts of  the
    3  state only as may be necessary, which shall supersede in part the feder-
    4  al  census  and  be used in connection therewith for such purposes.  The
    5  legislature, by law, may provide in its discretion for an enumeration by
    6  state authorities of the inhabitants of the state, to be used  for  such
    7  purposes,  in  place of a federal census, when the return of a decennial
    8  federal census is delayed so that it is not available at  the  beginning
    9  of  the  regular session of the legislature in the second year after the
   10  year nineteen hundred thirty or after any tenth year therefrom, or if an
   11  apportionment of members of assembly [and readjustment or alteration  of
   12  senate] districts is not made at or before such a session. [At the regu-
   13  lar  session  in  the year nineteen hundred thirty-two, and at the first
   14  regular session after the year nineteen hundred  forty  and  after  each
   15  tenth  year  therefrom  the  senate  districts  shall  be  readjusted or
   16  altered, but if, in any decade, counting from and including  that  which
   17  begins with the year nineteen hundred thirty-one, such a readjustment or
   18  alteration is not made at the time above prescribed, it shall be made at
   19  a  subsequent  session  occurring  not later than the sixth year of such
   20  decade, meaning not later than  nineteen  hundred  thirty-six,  nineteen
   21  hundred  forty-six,  nineteen  hundred  fifty-six,  and so on; provided,
   22  however, that if such districts shall have been readjusted or altered by
   23  law in either of the years nineteen hundred thirty or  nineteen  hundred
   24  thirty-one,  they shall remain unaltered until the first regular session
   25  after the year nineteen hundred forty.  No town, except  a  town  having
   26  more than a full ratio of apportionment, and no block in a city inclosed
   27  by  streets  or public ways, shall be divided in the formation of senate
   28  districts. In the reapportionment of senate districts, no district shall
   29  contain a greater excess in population over an adjoining district in the
   30  same county, than the population of a town or  block  therein  adjoining
   31  such district. Counties, towns or blocks which, from their location, may
   32  be  included  in  either of two districts, shall be so placed as to make
   33  said districts most nearly equal in  number  of  inhabitants,  excluding
   34  aliens.
   35    No county shall have four or more senators unless it shall have a full
   36  ratio  for each senator. No county shall have more than one-third of all
   37  the senators; and no two counties or the territory thereof as now organ-
   38  ized, which are adjoining counties,  or  which  are  separated  only  by
   39  public waters, shall have more than one-half of all the senators.]
   40    (b)  The  independent redistricting commission established pursuant to
   41  section five-b of this article shall prepare  a  redistricting  plan  to
   42  establish  [senate,]  assembly,  and  congressional  districts every ten
   43  years commencing in two thousand twenty-one, and  shall  submit  to  the
   44  legislature  such  plan  and the implementing legislation therefor on or
   45  before January first or as soon as practicable thereafter but  no  later
   46  than  January fifteenth in the year ending in two beginning in two thou-
   47  sand twenty-two.   The redistricting plans for  the  assembly  [and  the
   48  senate]  shall  be [contained in and] voted upon by the legislature in a
   49  single bill, and the congressional district plan may be included in  the
   50  same  bill if the legislature chooses to do so.  The implementing legis-
   51  lation shall be voted upon, without amendment,  by  the  senate  or  the
   52  assembly  and if approved by the first house voting upon it, such legis-
   53  lation shall be delivered to the other house  immediately  to  be  voted
   54  upon  without  amendment.   If approved by both houses, such legislation
   55  shall be presented to the governor for action.
       A. 5905--A                          3
    1    If either house shall fail to approve the legislation implementing the
    2  first redistricting plan, or the governor shall  veto  such  legislation
    3  and  the legislature shall fail to override such veto, each house or the
    4  governor if he or she vetoes it, shall notify the commission  that  such
    5  legislation has been disapproved.  Within fifteen days of such notifica-
    6  tion and in no case later than February twenty-eighth, the redistricting
    7  commission  shall  prepare and submit to the legislature a second redis-
    8  tricting plan and the necessary implementing legislation for such  plan.
    9  Such  legislation  shall be voted upon, without amendment, by the senate
   10  or the assembly and, if approved by the first house voting upon it, such
   11  legislation shall be delivered to the  other  house  immediately  to  be
   12  voted  upon  without amendment.  If approved by both houses, such legis-
   13  lation shall be presented to the governor for action.
   14    If either house shall fail to approve the legislation implementing the
   15  second redistricting plan, or the governor shall veto  such  legislation
   16  and  the  legislature shall fail to override such veto, each house shall
   17  introduce such implementing legislation with any amendments  each  house
   18  of  the  legislature deems necessary.   All such amendments shall comply
   19  with the provisions of this article.  If approved by both  houses,  such
   20  legislation shall be presented to the governor for action.
   21    All  votes  by the senate or assembly on any redistricting plan legis-
   22  lation pursuant to this article shall be conducted  in  accordance  with
   23  the following rules:
   24    (1)  In  the  event that the speaker of the assembly and the temporary
   25  president of the senate are members of two different political  parties,
   26  approval  of  legislation  submitted  by  the  independent redistricting
   27  commission pursuant to subdivision (f) of section five-b of this article
   28  shall require the vote in support of its passage by at least a  majority
   29  of the members elected to each house.
   30    (2)  In  the  event that the speaker of the assembly and the temporary
   31  president of the senate are members of two different political  parties,
   32  approval  of  legislation  submitted  by  the  independent redistricting
   33  commission pursuant to subdivision (g) of section five-b of this article
   34  shall require the vote in support of  its  passage  by  at  least  sixty
   35  percent of the members elected to each house.
   36    (3)  In  the  event that the speaker of the assembly and the temporary
   37  president of the  senate  are  members  of  the  same  political  party,
   38  approval  of  legislation  submitted  by  the  independent redistricting
   39  commission pursuant to subdivision (f) or (g) of section five-b of  this
   40  article  shall  require  the  vote in support of its passage by at least
   41  two-thirds of the members elected to each house.
   42    (c) Subject to the requirements of the federal constitution and  stat-
   43  utes  and  in  compliance  with  state  constitutional requirements, the
   44  following principles shall be used in the creation of [state senate and]
   45  state assembly districts and congressional districts:
   46    (1) When drawing district lines, the commission shall consider whether
   47  such lines would result in  the  denial  or  abridgement  of  racial  or
   48  language  minority  voting  rights,  and districts shall not be drawn to
   49  have the purpose of, nor shall they result in, the denial or abridgement
   50  of such rights. Districts shall be drawn so that, based on the  totality
   51  of  the  circumstances,  racial  or minority language groups do not have
   52  less opportunity to participate in  the  political  process  than  other
   53  members of the electorate and to elect representatives of their choice.
   54    (2)  To  the  extent practicable, districts shall contain as nearly as
   55  may be an equal number of inhabitants.  For each district that  deviates
       A. 5905--A                          4
    1  from  this  requirement,  the commission shall provide a specific public
    2  explanation as to why such deviation exists.
    3    (3) Each district shall consist of contiguous territory.
    4    (4) Each district shall be as compact in form as practicable.
    5    (5)  Districts shall not be drawn to discourage competition or for the
    6  purpose of favoring or disfavoring incumbents or other particular candi-
    7  dates or political parties. The commission shall  consider  the  mainte-
    8  nance of cores of existing districts, of pre-existing political subdivi-
    9  sions,  including  counties,  cities,  and  towns, and of communities of
   10  interest.
   11    [(6) In drawing senate districts, towns or blocks  which,  from  their
   12  location  may be included in either of two districts, shall be so placed
   13  as to make said districts most nearly equal in  number  of  inhabitants.
   14  The  requirements that senate districts not divide counties or towns, as
   15  well as the 'block-on-border' and 'town-on-border' rules,  shall  remain
   16  in effect.]
   17    During  the  preparation  of  the  redistricting plan, the independent
   18  redistricting commission shall conduct not less than one public  hearing
   19  on  proposals  for the redistricting of congressional and state legisla-
   20  tive districts in each of the following  (i)  cities:  Albany,  Buffalo,
   21  Syracuse,  Rochester, and White Plains; and (ii) counties: Bronx, Kings,
   22  New York, Queens, Richmond, Nassau, and  Suffolk.  Notice  of  all  such
   23  hearings  shall  be  widely published using the best available means and
   24  media a reasonable time before every hearing. At least thirty days prior
   25  to the first public hearing and in any event  no  later  than  September
   26  fifteenth  of the year ending in one or as soon as practicable thereaft-
   27  er, the independent redistricting commission shall make widely available
   28  to the public, in print form and using the  best  available  technology,
   29  its  draft  redistricting plans, relevant data, and related information.
   30  Such plans, data, and information shall be in a  form  that  allows  and
   31  facilitates their use by the public to review, analyze, and comment upon
   32  such  plans and to develop alternative redistricting plans for presenta-
   33  tion to the commission at the public hearings.  The  independent  redis-
   34  tricting  commission  shall  report the findings of all such hearings to
   35  the legislature upon submission of a redistricting plan.
   36    (d) [The ratio for apportioning senators shall always be  obtained  by
   37  dividing  the number of inhabitants, excluding aliens, by fifty, and the
   38  senate shall always be composed of fifty members,  except  that  if  any
   39  county  having  three  or more senators at the time of any apportionment
   40  shall be entitled on such ratio to an additional  senator  or  senators,
   41  such  additional  senator  or  senators shall be given to such county in
   42  addition to the fifty senators, and the whole number of  senators  shall
   43  be increased to that extent.
   44    The  senate  districts,  including the present ones, as existing imme-
   45  diately before the enactment of a law readjusting or altering the senate
   46  districts, shall continue to be the senate districts of the state  until
   47  the  expirations of the terms of the senators then in office, except for
   48  the purpose of an election of senators for full terms beginning at  such
   49  expirations,  and  for the formation of assembly districts.] ONE SENATOR
   50  SHALL BE APPORTIONED TO EACH COUNTY OF THE STATE HERETOFORE  ESTABLISHED
   51  AND SEPARATELY ORGANIZED.
   52    (e)  The  process  for redistricting congressional and state [legisla-
   53  tive] ASSEMBLY districts established by this section and  sections  five
   54  and  five-b  of  this  article  shall govern redistricting in this state
   55  except to the extent that a court is required to order the adoption  of,
   56  or changes to, a redistricting plan as a remedy for a violation of law.
       A. 5905--A                          5
    1    A  reapportionment plan and the districts contained in such plan shall
    2  be in force until the effective date of a plan based upon the subsequent
    3  federal decennial census taken in a year ending in zero unless  modified
    4  pursuant to court order.
    5    S  3. Resolved (if the Senate concur), That the foregoing amendment be
    6  referred to the first regular legislative session  convening  after  the
    7  next  succeeding  general  election  of members of the assembly, and, in
    8  conformity with  section  1  of  article  19  of  the  constitution,  be
    9  published for 3 months previous to the time of such election.