S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5905
                              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
                   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 subdivisions (d) and (e) of
   11  section 4 of article 3  of  the  constitution  be  amended  to  read  as
   12  follows:
   13    (d)  [The  ratio for apportioning senators shall always be obtained by
   14  dividing the number of inhabitants, excluding aliens, by fifty, and  the
   15  senate  shall  always  be  composed of fifty members, except that if any
   16  county having three or more senators at the time  of  any  apportionment
   17  shall  be  entitled  on such ratio to an additional senator or senators,
   18  such additional senator or senators shall be given  to  such  county  in
   19  addition  to  the fifty senators, and the whole number of senators shall
   20  be increased to that extent.
   21    The senate districts, including the present ones,  as  existing  imme-
   22  diately before the enactment of a law readjusting or altering the senate
   23  districts,  shall continue to be the senate districts of the state until
   24  the expirations of the terms of the senators then in office, except  for
   25  the  purpose of an election of senators for full terms beginning at such
   26  expirations, and for the formation of assembly districts.]  ONE  SENATOR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89076-01-5
       A. 5905                             2
    1  SHALL  BE  APPOINTED  TO EACH COUNTY OF THE STATE HERETOFORE ESTABLISHED
    2  AND SEPARATELY ORGANIZED.
    3    (e)  The  process  for redistricting congressional and state [legisla-
    4  tive] ASSEMBLY districts established by this section and  sections  five
    5  and  five-b  of  this  article  shall govern redistricting in this state
    6  except to the extent that a court is required to order the adoption  of,
    7  or changes to, a redistricting plan as a remedy for a violation of law.
    8    A  reapportionment plan and the districts contained in such plan shall
    9  be in force until the effective date of a plan based upon the subsequent
   10  federal decennial census taken in a year ending in zero unless  modified
   11  pursuant to court order.
   12    S  3. Resolved (if the Senate concur), That the foregoing amendment be
   13  referred to the first regular legislative session  convening  after  the
   14  next  succeeding  general  election  of members of the assembly, and, in
   15  conformity with  section  1  of  article  19  of  the  constitution,  be
   16  published for 3 months previous to the time of such election.