Bill Text: NY A00912 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to Senate apportionment; provides for sixty-two senators to be elected from each of sixty-two counties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-06 - held for consideration in governmental operations [A00912 Detail]

Download: New_York-2017-A00912-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           912
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        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    § 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    §  2.  Resolved (if the Senate concur), That section 4 of article 3 of
    11  the constitution be amended to read as follows:
    12    § 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
    27  required to be known for such purposes, the legislature, by  law,  shall
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89046-01-7
        A. 912                              2
     1  provide  for such an enumeration of the inhabitants of such parts of the
     2  state only as may be necessary, which shall supersede in part the feder-
     3  al census and be used in connection therewith for such  purposes.    The
     4  legislature, by law, may provide in its discretion for an enumeration by
     5  state  authorities  of the inhabitants of the state, to be used for such
     6  purposes, in place of a federal census, when the return of  a  decennial
     7  federal  census  is delayed so that it is not available at the beginning
     8  of the regular session of the legislature in the second year  after  the
     9  year nineteen hundred thirty or after any tenth year therefrom, or if an
    10  apportionment  of members of assembly [and readjustment or alteration of
    11  senate] districts is not made at or before such a session. [At the regu-
    12  lar session in the year nineteen hundred thirty-two, and  at  the  first
    13  regular  session  after  the  year nineteen hundred forty and after each
    14  tenth year  therefrom  the  senate  districts  shall  be  readjusted  or
    15  altered,  but  if, in any decade, counting from and including that which
    16  begins with the year nineteen hundred thirty-one, such a readjustment or
    17  alteration is not made at the time above prescribed, it shall be made at
    18  a subsequent session occurring not later than the  sixth  year  of  such
    19  decade,  meaning  not  later  than nineteen hundred thirty-six, nineteen
    20  hundred forty-six, nineteen hundred  fifty-six,  and  so  on;  provided,
    21  however, that if such districts shall have been readjusted or altered by
    22  law  in  either of the years nineteen hundred thirty or nineteen hundred
    23  thirty-one, they shall remain unaltered until the first regular  session
    24  after  the  year  nineteen hundred forty.  No town, except a town having
    25  more than a full ratio of apportionment, and no block in a city inclosed
    26  by streets or public ways, shall be divided in the formation  of  senate
    27  districts. In the reapportionment of senate districts, no district shall
    28  contain a greater excess in population over an adjoining district in the
    29  same  county,  than  the population of a town or block therein adjoining
    30  such district. Counties, towns or blocks which, from their location, may
    31  be included in either of two districts, shall be so placed  as  to  make
    32  said  districts  most  nearly  equal in number of inhabitants, excluding
    33  aliens.
    34    No county shall have four or more senators unless it shall have a full
    35  ratio for each senator. No county shall have more than one-third of  all
    36  the senators; and no two counties or the territory thereof as now organ-
    37  ized,  which  are  adjoining  counties,  or  which are separated only by
    38  public waters, shall have more than one-half of all the senators.]
    39    (b) The independent redistricting commission established  pursuant  to
    40  section  five-b  of  this  article shall prepare a redistricting plan to
    41  establish [senate,] assembly,  and  congressional  districts  every  ten
    42  years  commencing  in  two  thousand twenty-one, and shall submit to the
    43  legislature such plan and the implementing legislation  therefor  on  or
    44  before  January  first or as soon as practicable thereafter but no later
    45  than January fifteenth in the year ending in two beginning in two  thou-
    46  sand  twenty-two.    The  redistricting  plans for the assembly [and the
    47  senate] shall be [contained in and] voted upon by the legislature  in  a
    48  single  bill, and the congressional district plan may be included in the
    49  same bill if the legislature chooses to do so.  The implementing  legis-
    50  lation  shall  be  voted  upon,  without amendment, by the senate or the
    51  assembly and if approved by the first house voting upon it, such  legis-
    52  lation  shall  be  delivered  to the other house immediately to be voted
    53  upon without amendment.  If approved by both  houses,  such  legislation
    54  shall be presented to the governor for action.
    55    If either house shall fail to approve the legislation implementing the
    56  first  redistricting  plan,  or the governor shall veto such legislation
        A. 912                              3
     1  and the legislature shall fail to override such veto, each house or  the
     2  governor  if  he or she vetoes it, shall notify the commission that such
     3  legislation has been disapproved.  Within fifteen days of such notifica-
     4  tion and in no case later than February twenty-eighth, the redistricting
     5  commission  shall  prepare and submit to the legislature a second redis-
     6  tricting plan and the necessary implementing legislation for such  plan.
     7  Such  legislation  shall be voted upon, without amendment, by the senate
     8  or the assembly and, if approved by the first house voting upon it, such
     9  legislation shall be delivered to the  other  house  immediately  to  be
    10  voted  upon  without amendment.  If approved by both houses, such legis-
    11  lation shall be presented to the governor for action.
    12    If either house shall fail to approve the legislation implementing the
    13  second redistricting plan, or the governor shall veto  such  legislation
    14  and  the  legislature shall fail to override such veto, each house shall
    15  introduce such implementing legislation with any amendments  each  house
    16  of  the  legislature deems necessary.   All such amendments shall comply
    17  with the provisions of this article.  If approved by both  houses,  such
    18  legislation shall be presented to the governor for action.
    19    All  votes  by the senate or assembly on any redistricting plan legis-
    20  lation pursuant to this article shall be conducted  in  accordance  with
    21  the following rules:
    22    (1)  In  the  event that the speaker of the assembly and the temporary
    23  president of the senate are members of two different political  parties,
    24  approval  of  legislation  submitted  by  the  independent redistricting
    25  commission pursuant to subdivision (f) of section five-b of this article
    26  shall require the vote in support of its passage by at least a  majority
    27  of the members elected to each house.
    28    (2)  In  the  event that the speaker of the assembly and the temporary
    29  president of the senate are members of two different political  parties,
    30  approval  of  legislation  submitted  by  the  independent redistricting
    31  commission pursuant to subdivision (g) of section five-b of this article
    32  shall require the vote in support of  its  passage  by  at  least  sixty
    33  percent of the members elected to each house.
    34    (3)  In  the  event that the speaker of the assembly and the temporary
    35  president of the  senate  are  members  of  the  same  political  party,
    36  approval  of  legislation  submitted  by  the  independent redistricting
    37  commission pursuant to subdivision (f) or (g) of section five-b of  this
    38  article  shall  require  the  vote in support of its passage by at least
    39  two-thirds of the members elected to each house.
    40    (c) Subject to the requirements of the federal constitution and  stat-
    41  utes  and  in  compliance  with  state  constitutional requirements, the
    42  following principles shall be used in the creation of [state senate and]
    43  state assembly districts and congressional districts:
    44    (1) When drawing district lines, the commission shall consider whether
    45  such lines would result in  the  denial  or  abridgement  of  racial  or
    46  language  minority  voting  rights,  and districts shall not be drawn to
    47  have the purpose of, nor shall they result in, the denial or abridgement
    48  of such rights. Districts shall be drawn so that, based on the  totality
    49  of  the  circumstances,  racial  or minority language groups do not have
    50  less opportunity to participate in  the  political  process  than  other
    51  members of the electorate and to elect representatives of their choice.
    52    (2)  To  the  extent practicable, districts shall contain as nearly as
    53  may be an equal number of inhabitants.  For each district that  deviates
    54  from  this  requirement,  the commission shall provide a specific public
    55  explanation as to why such deviation exists.
    56    (3) Each district shall consist of contiguous territory.
        A. 912                              4
     1    (4) Each district shall be as compact in form as practicable.
     2    (5)  Districts shall not be drawn to discourage competition or for the
     3  purpose of favoring or disfavoring incumbents or other particular candi-
     4  dates or political parties. The commission shall  consider  the  mainte-
     5  nance of cores of existing districts, of pre-existing political subdivi-
     6  sions,  including  counties,  cities,  and  towns, and of communities of
     7  interest.
     8    [(6) In drawing senate districts, towns or blocks  which,  from  their
     9  location  may be included in either of two districts, shall be so placed
    10  as to make said districts most nearly equal in  number  of  inhabitants.
    11  The  requirements that senate districts not divide counties or towns, as
    12  well as the 'block-on-border' and 'town-on-border' rules,  shall  remain
    13  in effect.]
    14    During  the  preparation  of  the  redistricting plan, the independent
    15  redistricting commission shall conduct not less than one public  hearing
    16  on  proposals  for the redistricting of congressional and state legisla-
    17  tive districts in each of the following  (i)  cities:  Albany,  Buffalo,
    18  Syracuse,  Rochester, and White Plains; and (ii) counties: Bronx, Kings,
    19  New York, Queens, Richmond, Nassau, and  Suffolk.  Notice  of  all  such
    20  hearings  shall  be  widely published using the best available means and
    21  media a reasonable time before every hearing. At least thirty days prior
    22  to the first public hearing and in any event  no  later  than  September
    23  fifteenth  of the year ending in one or as soon as practicable thereaft-
    24  er, the independent redistricting commission shall make widely available
    25  to the public, in print form and using the  best  available  technology,
    26  its  draft  redistricting plans, relevant data, and related information.
    27  Such plans, data, and information shall be in a  form  that  allows  and
    28  facilitates their use by the public to review, analyze, and comment upon
    29  such  plans and to develop alternative redistricting plans for presenta-
    30  tion to the commission at the public hearings.  The  independent  redis-
    31  tricting  commission  shall  report the findings of all such hearings to
    32  the legislature upon submission of a redistricting plan.
    33    (d) [The ratio for apportioning senators shall always be  obtained  by
    34  dividing  the number of inhabitants, excluding aliens, by fifty, and the
    35  senate shall always be composed of fifty members,  except  that  if  any
    36  county  having  three  or more senators at the time of any apportionment
    37  shall be entitled on such ratio to an additional  senator  or  senators,
    38  such  additional  senator  or  senators shall be given to such county in
    39  addition to the fifty senators, and the whole number of  senators  shall
    40  be increased to that extent.
    41    The  senate  districts,  including the present ones, as existing imme-
    42  diately before the enactment of a law readjusting or altering the senate
    43  districts, shall continue to be the senate districts of the state  until
    44  the  expirations of the terms of the senators then in office, except for
    45  the purpose of an election of senators for full terms beginning at  such
    46  expirations,  and  for the formation of assembly districts.] One senator
    47  shall be apportioned to each county of the State heretofore  established
    48  and separately organized.
    49    (e)  The  process  for redistricting congressional and state [legisla-
    50  tive] assembly districts established by this section and  sections  five
    51  and  five-b  of  this  article  shall govern redistricting in this state
    52  except to the extent that a court is required to order the adoption  of,
    53  or changes to, a redistricting plan as a remedy for a violation of law.
    54    A  reapportionment plan and the districts contained in such plan shall
    55  be in force until the effective date of a plan based upon the subsequent
        A. 912                              5
     1  federal decennial census taken in a year ending in zero unless  modified
     2  pursuant to court order.
     3    §  3. Resolved (if the Senate concur), That the foregoing amendment be
     4  referred to the first regular legislative session  convening  after  the
     5  next  succeeding  general  election  of members of the assembly, and, in
     6  conformity with  section  1  of  article  19  of  the  constitution,  be
     7  published for 3 months previous to the time of such election.