S T A T E   O F   N E W   Y O R K
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                                  8521

                            I N  S E N A T E

                            December 3, 2010
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to article 3 of the constitution, in relation  to
  senate,  assembly  and congressional districts, and to repeal sections
  2, 3, 4, 5, 5-a and 7 of such article relating thereto

  Section 1. RESOLVED (if the Assembly concur), That sections 2,  3,  4,
5,  5-a  and 7 of article 3 of the constitution are REPEALED and six new
sections 2, 3, 4, 5, 7 and 7-a are added to read as follows:
  S 2. NUMBER AND TERMS OF SENATORS AND ASSEMBLY MEMBERS.    THE  SENATE
SHALL  CONSIST  OF  SIXTY-ONE MEMBERS. THE ASSEMBLY SHALL CONSIST OF ONE
HUNDRED AND FIFTY MEMBERS. THE MEMBERS OF THE SENATE AND ASSEMBLY  SHALL
BE ELECTED IN EVEN-NUMBERED YEARS FOR TERMS OF TWO YEARS.
  S 3. ESTABLISHMENT AND ALTERATION OF SENATE, ASSEMBLY AND CONGRESSION-
AL  DISTRICTS.    A.  THERE  SHALL  BE  A DISTRICTING COMMISSION TO DRAW
SENATE, ASSEMBLY AND CONGRESSIONAL DISTRICTS, SO THAT ALL THE PEOPLE  OF
NEW  YORK  MAY  BE  FAIRLY REPRESENTED. THE DISTRICTING COMMISSION SHALL
CONSIST OF NINE MEMBERS.  NO PERSON SHALL BE A MEMBER OF THE DISTRICTING
COMMISSION WHO IS NOT A REGISTERED VOTER IN THE STATE OF NEW  YORK,  AND
WHO HAS NOT BEEN, AT THE TIME OF APPOINTMENT, A RESIDENT OF THE STATE OF
NEW YORK FOR FIVE YEARS.  NO MEMBER OF THE SENATE OR ASSEMBLY, NO MEMBER
OF CONGRESS, AND NO PERSON HOLDING JUDICIAL OFFICE, SHALL BE A MEMBER OF
THE  DISTRICTING  COMMISSION. THE TEMPORARY PRESIDENT OF THE SENATE, THE
MINORITY LEADER OF THE SENATE, THE SPEAKER  OF  THE  ASSEMBLY,  AND  THE
MINORITY  LEADER  OF  THE  ASSEMBLY SHALL EACH APPOINT TWO MEMBERS FOR A
TERM OF TEN YEARS COMMENCING ON THE FIRST  DAY  OF  APRIL  OF  THE  YEAR
PRECEDING  THE  YEAR  IN  WHICH  THE  FEDERAL DECENNIAL CENSUS IS TAKEN,
EXCEPT THAT, IF THIS SUBDIVISION SHALL BECOME EFFECTIVE AFTER SUCH DATE,
THE TERMS OF THE MEMBERS SHALL COMMENCE ON THE FIFTEENTH DAY OF  JANUARY
OF  THE YEAR IN WHICH THIS SUBDIVISION SHALL BECOME EFFECTIVE. IF A SEAT
ON THE COMMISSION SHALL FALL VACANT, THE OFFICER OF THE LEGISLATURE  WHO
APPOINTED  THE  ORIGINAL  MEMBER  SHALL APPOINT A MEMBER TO COMPLETE THE
UNEXPIRED TERM; EXCEPT THAT, IF MORE THAN TWO MEMBERS APPOINTED  BY  THE
OFFICERS OF EITHER HOUSE WOULD THEN HAVE BEEN APPOINTED BY AN OFFICER OF
THE SAME PARTY, THEN THE OTHER OFFICER OF THE SAME HOUSE SHALL APPOINT A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD89213-02-0

S. 8521                             2

MEMBER  TO FILL THE VACANCY. THE NINTH MEMBER, WHO SHALL BE THE CHAIR OF
THE COMMISSION, SHALL BE APPOINTED, SUBJECT TO THE ASSENT OF THE  GOVER-
NOR,  BY A VOTE OF AT LEAST SIX OF THE OTHER EIGHT MEMBERS, INCLUDING AT
LEAST  ONE  APPOINTED BY EACH APPOINTING AUTHORITY, TO A TERM THAT SHALL
EXPIRE AT THE SAME TIME AS THE TERMS OF THE OTHER MEMBERS.
  B. THE SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS SHALL  BE  ESTAB-
LISHED BY A VOTE OF AT LEAST FIVE MEMBERS OF THE DISTRICTING COMMISSION,
INCLUDING THE AFFIRMATIVE VOTE OF THE CHAIR OF THE COMMISSION. THE PLANS
OF  SENATE,  ASSEMBLY,  AND  CONGRESSIONAL  DISTRICTS ESTABLISHED BY THE
DISTRICTING COMMISSION SHALL HAVE THE EFFECT  OF  LAW.  THE  DISTRICTING
COMMISSION  SHALL  ESTABLISH  THE  SENATE,  ASSEMBLY,  AND CONGRESSIONAL
DISTRICTS AT THE SAME TIME, AND NO LATER THAN THE LAST DAY OF  MARCH  OF
THE SECOND YEAR FOLLOWING THE YEAR IN WHICH THE FEDERAL DECENNIAL CENSUS
IS  TAKEN,  AND  SHALL  AT  THAT  TIME ISSUE A REPORT EXPLAINING HOW THE
DISTRICTS COMPLY WITH THE REQUIREMENTS OF SECTION FIVE OF THIS  ARTICLE.
SUCH  DISTRICTS  SHALL  BECOME  EFFECTIVE  FOR  THE NEXT ENSUING GENERAL
ELECTION OF SENATORS, ASSEMBLY MEMBERS, AND  MEMBERS  OF  CONGRESS.  THE
SENATE,  ASSEMBLY,  AND  CONGRESSIONAL  DISTRICTS SHALL REMAIN UNALTERED
UNTIL AFTER THE SUBSEQUENT FEDERAL DECENNIAL CENSUS, EXCEPT THAT, IF  AN
ALTERATION  OF  SUCH  DISTRICTS SHALL BE ORDERED BY A COURT OF COMPETENT
JURISDICTION, OR IF SUCH DISTRICTS SHALL BE PREVENTED FROM TAKING EFFECT
PURSUANT TO THIS ARTICLE OR TO ANY PROVISION  OF  THE  CONSTITUTION  AND
LAWS  OF  THE  UNITED  STATES, THE DISTRICTING COMMISSION SHALL MAKE THE
ALTERATIONS NECESSARY TO PROVIDE A REMEDY. ALL VOTES OF  THE  COMMISSION
SHALL  BE TAKEN AT PUBLIC MEETINGS, AND THE COMMISSION SHALL CAUSE TRAN-
SCRIPTS OF ALL MEETINGS AND HEARINGS, INCLUDING ALL TESTIMONY  SUBMITTED
IN  WRITING, TO BE MADE PUBLICLY AVAILABLE. THE COMMISSION SHALL PROMOTE
INFORMED PUBLIC UNDERSTANDING OF, AND PARTICIPATION IN, THE  PROCESS  OF
REDISTRICTING,  BY  SUCH  MEANS  AS PROVIDING INFORMATION TO THE PUBLIC,
HOLDING HEARINGS, AND ENCOURAGING SUBMISSION OF PROPOSALS.
  C.  THE  LEGISLATURE  SHALL  MAKE  NECESSARY  APPROPRIATIONS  FOR  THE
EXPENSES  OF  THE  DISTRICTING  COMMISSION, PROVIDE FOR COMPENSATION AND
REIMBURSEMENT OF EXPENSES FOR THE MEMBERS AND STAFF OF  THE  COMMISSION,
ASSIGN  TO THE COMMISSION ANY ADDITIONAL DUTIES THAT THE LEGISLATURE MAY
DEEM NECESSARY TO THE PERFORMANCE OF THE DUTIES STIPULATED IN THIS ARTI-
CLE, AND REQUIRE OTHER AGENCIES AND OFFICIALS OF THE STATE OF  NEW  YORK
AND  ITS  POLITICAL SUBDIVISIONS TO PROVIDE SUCH INFORMATION AND ASSIST-
ANCE AS THE COMMISSION MAY REQUIRE TO PERFORM ITS DUTIES.
  D. SUBJECT TO SUCH REASONABLE REGULATIONS  AS  THE  LEGISLATURE  SHALL
ENACT,  THE DISTRICTING COMMISSION SHALL, AS MAY BE NECESSARY TO PERFORM
ITS DUTIES, HIRE STAFF, ENTER INTO  CONTRACTS,  CONDUCT  RESEARCH,  HOLD
HEARINGS,  AND  COMMUNICATE WITH THE PUBLIC; SHALL ASSEMBLE AND MAINTAIN
SUCH GEOGRAPHIC, DEMOGRAPHIC, ELECTION, AND VOTER REGISTRATION  DATA  AS
MAY  BE NECESSARY FOR THE ANALYSIS AND EVALUATION OF PROPOSED AND ESTAB-
LISHED PLANS OF SENATE, ASSEMBLY, AND CONGRESSIONAL  DISTRICTS,  INCLUD-
ING,  BUT  NOT  LIMITED  TO,  THE  COMPLIANCE  OF  SUCH  PLANS  WITH THE
PROVISIONS OF THIS ARTICLE AND WITH THE CONSTITUTION  AND  LAWS  OF  THE
UNITED  STATES;  AND  SHALL CAUSE ALL SUCH DATA, AND ALL EXPERT REPORTS,
RESULTS OF ANY OTHER RESEARCH CONDUCTED UNDER A CONTRACT ENTERED INTO BY
THE COMMISSION, AND PROPOSALS FOR DISTRICTS SUBMITTED BY THE PUBLIC,  TO
BE MADE PUBLICLY AVAILABLE.
  S 4. JUDICIAL REVIEW OF DISTRICTS.  THE SENATE, ASSEMBLY, AND CONGRES-
SIONAL DISTRICTS SHALL BE SUBJECT TO REVIEW BY THE SUPREME COURT, AT THE
SUIT  OF  ANY CITIZEN, UNDER SUCH REASONABLE REGULATIONS AS THE LEGISLA-
TURE MAY PRESCRIBE. ANY COURT  BEFORE  WHICH  A  CAUSE  MAY  BE  PENDING
INVOLVING THE ESTABLISHMENT AND ALTERATION OF SUCH DISTRICTS, SHALL GIVE

S. 8521                             3

PRECEDENCE  THERETO  OVER  ALL OTHER CAUSES AND PROCEEDINGS, AND IF SAID
COURT BE NOT IN SESSION IT SHALL CONVENE PROMPTLY FOR THE DISPOSITION OF
THE SAME. SUCH COURT SHALL HAVE AUTHORITY TO APPOINT REFEREES, TO ENGAGE
THE ASSISTANCE OF EXPERTS, AND TO COMPEL THE ASSISTANCE OF THE DISTRICT-
ING  COMMISSION  AND ITS STAFF, AS IT MAY DEEM NECESSARY TO THE DISPOSI-
TION OF A SUIT BROUGHT UNDER THIS SECTION. IF THE DISTRICTING COMMISSION
SHALL FAIL TO ESTABLISH SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICTS  BY
THE DATE SPECIFIED IN SUBDIVISION B OF SECTION THREE OF THIS ARTICLE, OR
IF A COURT REVIEWING DISTRICTS PURSUANT TO THIS SECTION FINDS THE ESTAB-
LISHMENT  OR  ALTERATION  OF  ANY SUCH DISTRICTS TO BE CLEARLY ERRONEOUS
UNDER ANY PROVISION OF THIS ARTICLE, OR OF THE CONSTITUTION AND LAWS  OF
THE  UNTIED  STATES,  THE  COURT SHALL ORDER THE COMMISSION TO ESTABLISH
SUCH DISTRICTS OR MAKE SUCH ALTERATIONS AS NECESSARY TO PROVIDE A  REME-
DY, WITHIN SUCH TIME AS THE COURT MAY REQUIRE, OR SHALL ITSELF ESTABLISH
SUCH DISTRICTS OR MAKE SUCH ALTERATIONS AS THE COURT DEEMS NECESSARY.
  S  5. CRITERIA FOR DISTRICTS.  A. THE DIFFERENCE IN POPULATION BETWEEN
THE MOST AND LEAST  POPULOUS  SENATE  DISTRICTS  SHALL  NOT  EXCEED  TWO
PERCENT  OF THE MEAN POPULATION OF ALL SENATE DISTRICTS, AND THE DIFFER-
ENCE  IN  POPULATION  BETWEEN  THE  MOST  AND  LEAST  POPULOUS  ASSEMBLY
DISTRICTS  SHALL  NOT  EXCEED  TWO PERCENT OF THE MEAN POPULATION OF ALL
ASSEMBLY DISTRICTS.
  B.  ALL CONGRESSIONAL DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION
AS IS PRACTICABLE.
  C. EACH DISTRICT SHALL CONSIST OF CONTIGUOUS  TERRITORY;  NO  DISTRICT
SHALL  CONSIST  OF  PARTS ENTIRELY SEPARATED BY THE TERRITORY OF ANOTHER
DISTRICT OF THE SAME BODY, WHETHER SUCH  TERRITORY  BE  LAND  OR  WATER,
POPULATED  OR UNPOPULATED. A POPULATED CENSUS BLOCK SHALL NOT BE DIVIDED
BY A DISTRICT BOUNDARY, UNLESS IT CAN BE DETERMINED THAT  THE  POPULATED
PART OF SUCH BLOCK IS WITHIN A SINGLE DISTRICT.
  D.  THE  WHOLE  NUMBER  OF  PERSONS  REPORTED IN THE FEDERAL DECENNIAL
CENSUS SHALL BE THE BASIS FOR DETERMINING POPULATIONS FOR  THE  PURPOSES
OF  THIS  ARTICLE, EXCEPT THAT, FOR THE PURPOSE OF DETERMINING THE POPU-
LATIONS OF SENATE AND ASSEMBLY DISTRICTS, NO PERSON SHALL BE  DEEMED  TO
HAVE  GAINED  OR LOST A RESIDENCE BY REASON OF CONVICTION AND INCARCERA-
TION IN A FEDERAL OR STATE CORRECTIONAL FACILITY.
  E. SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICTS SHALL  NOT  BE  ESTAB-
LISHED  THAT  RESULT  IN  A  DENIAL  TO MEMBERS OF RACIAL AND LINGUISTIC
MINORITY GROUPS OF AN EQUAL OPPORTUNITY WITH OTHER CITIZENS  TO  PARTIC-
IPATE IN THE POLITICAL PROCESS AND TO ELECT THE REPRESENTATIVES OF THEIR
CHOICE.  THE PRINCIPLES STATED IN SUBDIVISION F OF THIS SECTION SHALL BE
USED TO CREATE DISTRICTS THAT WILL AFFORD  FAIR  REPRESENTATION  TO  THE
MEMBERS  OF  THOSE  RACIAL AND LINGUISTIC MINORITY GROUPS WHO ARE SUFFI-
CIENTLY NUMEROUS AND WHOSE RESIDENTIAL PATTERNS AFFORD  THE  OPPORTUNITY
OF  CREATING  DISTRICTS  IN  WHICH  THEY WILL BE ABLE TO ELECT REPRESEN-
TATIVES OF THEIR CHOICE.
  F. SUBJECT AND SUBSIDIARY TO THE REQUIREMENTS OF SUBDIVISIONS A, B, C,
D AND E OF THIS SECTION, THE FOLLOWING PRINCIPLES SHALL BE  FOLLOWED  IN
THE CREATION OF SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS. A PRINCI-
PLE  WITH  A  LOWER NUMBER SHALL HAVE PRECEDENCE OVER A PRINCIPLE WITH A
HIGHER NUMBER.
  1. TO THE EXTENT PRACTICABLE, COUNTIES SHALL NOT  BE  DIVIDED  IN  THE
FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUN-
TY.  WHERE SUCH DIVISION OF COUNTIES IS UNAVOIDABLE, MORE POPULOUS COUN-
TIES SHALL BE DIVIDED IN PREFERENCE TO THE  DIVISION  OF  LESS  POPULOUS
COUNTIES.

S. 8521                             4

  2. TO THE EXTENT PRACTICABLE, COUNTY SUBDIVISIONS SHALL NOT BE DIVIDED
IN  THE FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN
A COUNTY SUBDIVISION. FOR THE PURPOSES OF THIS ARTICLE, A COUNTY  SUBDI-
VISION SHALL BE A CITY, EXCEPT THE CITY OF NEW YORK, A TOWN, OR AN INDI-
AN RESERVATION WHOSE TERRITORY IS EXCLUSIVE OF THE TERRITORY OF ANY CITY
OR TOWN. COUNTY SUBDIVISIONS WITH LARGER POPULATIONS SHALL BE DIVIDED IN
PREFERENCE TO DIVISION OF THOSE WITH SMALLER POPULATIONS.
  3.  TO  THE  EXTENT  PRACTICABLE,  INCORPORATED  VILLAGES SHALL NOT BE
DIVIDED IN THE FORMATION OF DISTRICTS.
  4. THE SENATE, ASSEMBLY,  AND  CONGRESSIONAL  DISTRICTS  SHALL  BE  AS
COMPACT IN FORM AS IS PRACTICABLE.
  5.  TO  THE  EXTENT  PRACTICABLE, A SENATE, ASSEMBLY, OR CONGRESSIONAL
DISTRICT SHALL UNITE COMMUNITIES DEFINED  BY  ACTUAL  SHARED  INTERESTS,
TAKING  ACCOUNT  OF GEOGRAPHIC, SOCIAL, ECONOMIC, AND OTHER FACTORS THAT
INDICATE COMMONALITY OF INTEREST, AND DISTRICTS SHALL BE FORMED SO AS TO
PROMOTE THE ORDERLY AND EFFICIENT ADMINISTRATION OF ELECTIONS.
  6. TO THE EXTENT PRACTICABLE, THE RESIDENCES OF TWO OR MORE  INCUMBENT
MEMBERS  OF  THE  SAME  BODY SHALL NOT BE PLACED IN THE SAME DISTRICT OF
SUCH BODY, AND THE RESIDENCES OF INCUMBENT LEGISLATORS  AND  MEMBERS  OF
CONGRESS  SHALL  BE  INCLUDED IN THE DISTRICT WITH THE LARGEST NUMBER OF
THEIR EXISTING CONSTITUENTS, BUT THE REQUIREMENTS OF SUBDIVISIONS A,  B,
C,  D AND E OF THIS SECTION, AND OF PARAGRAPHS ONE, TWO, THREE, FOUR AND
FIVE OF THIS SUBDIVISION, SHALL ALWAYS TAKE PRECEDENCE OVER,  AND  SHALL
NEVER  BE  SUBORDINATED  TO,  THE  REQUIREMENTS OF THIS PARAGRAPH OR THE
PRESERVATION OF THE CORES OF EXISTING DISTRICTS.
  S 7. QUALIFICATIONS OF MEMBERS OF THE LEGISLATURE.   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 IF ELECTED A SENATOR OR MEMBER OF THE ASSEMBLY AT
THE  FIRST  ELECTION IN WHICH A READJUSTMENT OR ALTERATION OF THE SENATE
OR ASSEMBLY DISTRICTS BECOMES  EFFECTIVE,  OF  THE  SENATE  OR  ASSEMBLY
DISTRICT  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  GOVERN-
MENT,  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 LEGIS-
LATURE  MAY BE APPOINTED COMMISSIONER OF DEEDS OR TO ANY OFFICE IN WHICH
HE OR SHE SHALL RECEIVE NO COMPENSATION.
  S 7-A. THE SENATE, ASSEMBLY AND CONGRESSIONAL DISTRICTS IN USE AT  THE
TIME THAT THIS SECTION TAKES EFFECT SHALL CONTINUE IN USE AT THE GENERAL
ELECTION  OF  THE  YEAR  TWO THOUSAND TWELVE AND AT ANY SPECIAL ELECTION
HELD DURING THE YEAR TWO THOUSAND TWELVE, AT  WHICH  A  VACANCY  ARISING
WITHIN ANY SUCH DISTRICT IS TO BE FILLED.
  S  2.  RESOLVED (if the Assembly 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.