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A04145 Summary:

BILL NOA04145
 
SAME ASNo Same As
 
SPONSORJohns
 
COSPNSRWalter
 
MLTSPNSR
 
Amd Art 3, Art 4 3, 6 & 7, Art 6 2, 22 & 24, Art 19 1 & 2, Constn
 
Creates a unicameral legislature consisting of seventy-five senators called the senate; eliminates the state assembly while enlarging the size of the state senate to 75 members; makes necessary conforming changes to the legislative and redistricting processes, the powers and duties of the legislature, the veto override process, and certain appointments as needed to reflect the establishment of a unicameral legislative body.
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A04145 Actions:

BILL NOA04145
 
02/01/2017referred to governmental operations
02/02/2017to attorney-general for opinion
02/27/2017opinion referred to judiciary
01/03/2018referred to governmental operations
01/08/2018to attorney-general for opinion
01/31/2018opinion referred to judiciary
03/06/2018held for consideration in governmental operations
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A04145 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4145
 
SPONSOR: Johns
  TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to articles 3, 4, 6, and 19 of the constitution, in relation to creation of a unicameral legislature   PURPOSE OR GENERAL IDEA OF BILL: Creates a unicameral legislature consisting of seventy-five senators called the senate.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Article 3 the State Constitution by eliminating the State Assembly while enlarging the size of the State Senate to 75 members. The section makes necessary conforming changes to the legisla- tive and redistricting processes as needed to reflect the establishment of a unicameral legislative body. Section 2 amends Article 4 of the State Constitution to make necessary conforming changes to the powers and duties of the legislature and to the veto over-ride process as needed to reflect a unicameral legislative body. Section 3 amends Article 6 of the State Constitution to reflect changes to appointments to the Commission on Judicial Nominations, the Commis- sion on Judicial Conduct, and to the impeachment process, made necessary by the elimination of the State Assembly. Section 4 amends Article 19 of the State Constitution to remove all references to the Assembly as pertain to future amendments to the Constitution and for future Constitutional Amendments Section 5 includes provisions for ratifying the amendment   JUSTIFICATION: By creating a unicameral legislature New York State would save fifty percent of the current cost via administration, pensions, and salary. A unicameral legislature would set an example on real reform, streamline our state government, and end go nowhere bills that are not carried in both houses.   PRIOR LEGISLATIVE HISTORY: 2015-16: A9284   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately
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A04145 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4145
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2017
                                       ___________
 
        Introduced  by M. of A. JOHNS -- read once and referred to the Committee
          on Governmental Operations
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing amendments to articles 3, 4, 6, and 19 of the constitution, in
          relation to creation of a unicameral legislature

     1    Section 1. Resolved (if the Senate concur),  That  article  3  of  the
     2  constitution be amended to read as follows:
     3                                 ARTICLE III
 
     4                                 Legislature
     5    Section  1. The legislative power of this state shall be vested in the
     6  senate [and assembly].
     7    § 2. The senate shall consist of [fifty] seventy-five members,  except
     8  as  hereinafter  provided. The senators elected in the year one thousand
     9  eight hundred and ninety-five shall hold their offices for three  years,
    10  and  their successors shall be chosen for two years. [The assembly shall
    11  consist of one hundred and fifty members. The assembly  members  elected
    12  in  the  year  one  thousand  nine  hundred  and thirty-eight, and their
    13  successors, shall be chosen for two years.]
    14    § 3. [The senate districts described in section three of article three
    15  of this constitution as adopted by the people on November  sixth,  eigh-
    16  teen hundred ninety-four are hereby continued for all of the purposes of
    17  future  reapportionments of senate districts pursuant to section four of
    18  this article.
    19    § 4.] (a) Except as herein  otherwise  provided,  the  federal  census
    20  taken  in  the  year [nineteen hundred thirty] two thousand ten and each
    21  federal census taken decennially thereafter shall be controlling  as  to
    22  the  number  of  inhabitants  in  the  state or any part thereof for the
    23  purposes of the apportionment of  [members  of  assembly]  senators  and
    24  readjustment  or  alteration  of  [senate  and  assembly] districts next
    25  occurring, in so far as such census and the tabulation  thereof  purport
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89043-01-7

        A. 4145                             2
 
     1  to  give  the  information  necessary therefor. The legislature, by law,
     2  shall provide for the making and tabulation by state authorities  of  an
     3  enumeration  of  the inhabitants of the entire state to be used for such
     4  purposes, instead of a federal census, if the taking of a federal census
     5  in any tenth year from the year nineteen hundred thirty be omitted or if
     6  the  federal  census  fails  to show the number of aliens or Indians not
     7  taxed. If a federal census, though giving the requisite  information  as
     8  to  the state at large, fails to give the information as to any civil or
     9  territorial divisions which is required to be known for  such  purposes,
    10  the  legislature,  by  law, shall provide for such an enumeration of the
    11  inhabitants of such parts of the state only as may be  necessary,  which
    12  shall  supersede  in  part  the federal census and be used in connection
    13  therewith for such purposes.  The legislature, by law,  may  provide  in
    14  its  discretion  for an enumeration by state authorities of the inhabit-
    15  ants of the state, to be used for such purposes, in place of  a  federal
    16  census, when the return of a decennial federal census is delayed so that
    17  it  is  not  available  at  the  beginning of the regular session of the
    18  legislature in the second year after the year nineteen hundred thirty or
    19  after any tenth year therefrom, or if an apportionment  of  [members  of
    20  assembly]  senators and readjustment or alteration of [senate] districts
    21  is not made at or before such a session. At the regular session [in  the
    22  year  nineteen  hundred  thirty-two,  and  at the first regular session]
    23  after the year [nineteen hundred  forty]  two  thousand  twenty-one  and
    24  after  each  tenth  year therefrom the [senate] districts shall be read-
    25  justed or altered[, but if, in any decade, counting from  and  including
    26  that  which  begins  with  the  year nineteen hundred thirty-one, such a
    27  readjustment or alteration is not made at the time above prescribed,  it
    28  shall be made at a subsequent session occurring not later than the sixth
    29  year of such decade, meaning not later than nineteen hundred thirty-six,
    30  nineteen  hundred  forty-six,  nineteen  hundred  fifty-six,  and so on;
    31  provided, however, that if such districts shall have been readjusted  or
    32  altered  by  law in either of the years nineteen hundred thirty or nine-
    33  teen hundred thirty-one, they shall remain  unaltered  until  the  first
    34  regular session after the year nineteen hundred forty].  No town, except
    35  a town having more than a full ratio of apportionment, and no block in a
    36  city  inclosed by streets or public ways, shall be divided in the forma-
    37  tion of [senate] districts. In the reapportionment of senate  districts,
    38  no district shall contain a greater excess in population over an adjoin-
    39  ing  district in the same county, than the population of a town or block
    40  therein adjoining such district. Counties, towns or blocks  which,  from
    41  their  location, may be included in either of two districts, shall be so
    42  placed as to make said districts most nearly equal in number of inhabit-
    43  ants, excluding aliens.
    44    [No county shall have four or more senators unless  it  shall  have  a
    45  full ratio for each senator. No county shall have more than one-third of
    46  all  the  senators;  and no two counties or the territory thereof as now
    47  organized, which are adjoining counties, or which are separated only  by
    48  public waters, shall have more than one-half of all the senators.]
    49    (b)  The  independent redistricting commission established pursuant to
    50  section [five-b] five of this article shall prepare a redistricting plan
    51  to establish senate[, assembly,] and congressional districts  every  ten
    52  years  commencing  in  two  thousand twenty-one, and shall submit to the
    53  legislature such plan and the implementing legislation  therefor  on  or
    54  before  January  first or as soon as practicable thereafter but no later
    55  than January fifteenth in the year ending in two beginning in two  thou-
    56  sand  twenty-two.    The  redistricting plans for the [assembly and the]

        A. 4145                             3
 
     1  senate shall be contained in and voted upon  by  the  legislature  in  a
     2  single  bill, and the congressional district plan may be included in the
     3  same bill if the legislature chooses to do so.  The implementing  legis-
     4  lation  shall  be  voted  upon, without amendment, by the senate [or the
     5  assembly] and if approved [by the  first  house  voting  upon  it,  such
     6  legislation  shall  be  delivered  to  the other house immediately to be
     7  voted upon without amendment.  If approved by both houses], such  legis-
     8  lation shall be presented to the governor for action.
     9    If  [either  house]  the  senate shall fail to approve the legislation
    10  implementing the first redistricting plan, or the  governor  shall  veto
    11  such  legislation  and the legislature shall fail to override such veto,
    12  [each house] the senate or the governor if he or she  vetoes  it,  shall
    13  notify the commission that such legislation has been disapproved.  With-
    14  in  fifteen days of such notification and in no case later than February
    15  twenty-eighth, the redistricting commission shall prepare and submit  to
    16  the legislature a second redistricting plan and the necessary implement-
    17  ing  legislation  for such plan.   Such legislation shall be voted upon,
    18  without amendment, by the senate [or the assembly] and, if approved  [by
    19  the  first  house voting upon it, such legislation shall be delivered to
    20  the other house immediately to be voted  upon  without  amendment.    If
    21  approved  by  both  houses],  such legislation shall be presented to the
    22  governor for action.
    23    If [either house] the senate shall fail  to  approve  the  legislation
    24  implementing  the  second redistricting plan, or the governor shall veto
    25  such legislation and the legislature shall fail to override  such  veto,
    26  [each  house]  the  senate shall introduce such implementing legislation
    27  with any amendments [each house of the legislature] it deems  necessary.
    28  All  such  amendments  shall comply with the provisions of this article.
    29  If approved [by both houses], such legislation shall be presented to the
    30  governor for action.
    31    All votes by the senate [or assembly] on any redistricting plan legis-
    32  lation pursuant to this article shall be conducted  in  accordance  with
    33  the following [rules] rule:
    34    [(1)  In  the event that the speaker of the assembly and the temporary
    35  president of the senate are members of two different political  parties,
    36  approval]  Approval  of  legislation submitted by the independent redis-
    37  tricting commission pursuant to subdivision (f) of section [five-b] five
    38  of this article shall require the vote in support of its passage  by  at
    39  least a majority of the members elected [to each house.
    40    (2)  In  the  event that the speaker of the assembly and the temporary
    41  president of the senate are members of two different political  parties,
    42  approval  of  legislation  submitted  by  the  independent redistricting
    43  commission pursuant to subdivision (g) of section five-b of this article
    44  shall require the vote in support of  its  passage  by  at  least  sixty
    45  percent of the members elected to each house.
    46    (3)  In  the  event that the speaker of the assembly and the temporary
    47  president of the  senate  are  members  of  the  same  political  party,
    48  approval  of  legislation  submitted  by  the  independent redistricting
    49  commission pursuant to subdivision (f) or (g) of section five-b of  this
    50  article  shall  require  the  vote in support of its passage by at least
    51  two-thirds of the members elected to each house].
    52    (c) Subject to the requirements of the federal constitution and  stat-
    53  utes  and  in  compliance  with  state  constitutional requirements, the
    54  following principles shall be used in the creation of state senate  [and
    55  state assembly] districts and congressional districts:

        A. 4145                             4
 
     1    (1) When drawing district lines, the commission shall consider whether
     2  such  lines  would  result  in  the  denial  or abridgement of racial or
     3  language minority voting rights, and districts shall  not  be  drawn  to
     4  have the purpose of, nor shall they result in, the denial or abridgement
     5  of  such rights. Districts shall be drawn so that, based on the totality
     6  of the circumstances, racial or minority language  groups  do  not  have
     7  less  opportunity  to  participate  in  the political process than other
     8  members of the electorate and to elect representatives of their choice.
     9    (2) To the extent practicable, districts shall contain  as  nearly  as
    10  may  be an equal number of inhabitants.  For each district that deviates
    11  from this requirement, the commission shall provide  a  specific  public
    12  explanation as to why such deviation exists.
    13    (3) Each district shall consist of contiguous territory.
    14    (4) Each district shall be as compact in form as practicable.
    15    (5)  Districts shall not be drawn to discourage competition or for the
    16  purpose of favoring or disfavoring incumbents or other particular candi-
    17  dates or political parties. The commission shall  consider  the  mainte-
    18  nance of cores of existing districts, of pre-existing political subdivi-
    19  sions,  including  counties,  cities,  and  towns, and of communities of
    20  interest.
    21    (6) In drawing senate districts, towns or  blocks  which,  from  their
    22  location  may be included in either of two districts, shall be so placed
    23  as to make said districts most nearly equal in  number  of  inhabitants.
    24  The  requirements that senate districts not divide counties or towns, as
    25  well as the 'block-on-border' and 'town-on-border' rules,  shall  remain
    26  in effect.
    27    During  the  preparation  of  the  redistricting plan, the independent
    28  redistricting commission shall conduct not less than one public  hearing
    29  on  proposals  for the redistricting of congressional and state legisla-
    30  tive districts in each of the following  (i)  cities:  Albany,  Buffalo,
    31  Syracuse,  Rochester, and White Plains; and (ii) counties: Bronx, Kings,
    32  New York, Queens, Richmond, Nassau, and  Suffolk.  Notice  of  all  such
    33  hearings  shall  be  widely published using the best available means and
    34  media a reasonable time before every hearing. At least thirty days prior
    35  to the first public hearing and in any event  no  later  than  September
    36  fifteenth  of the year ending in one or as soon as practicable thereaft-
    37  er, the independent redistricting commission shall make widely available
    38  to the public, in print form and using the  best  available  technology,
    39  its  draft  redistricting plans, relevant data, and related information.
    40  Such plans, data, and information shall be in a  form  that  allows  and
    41  facilitates their use by the public to review, analyze, and comment upon
    42  such  plans and to develop alternative redistricting plans for presenta-
    43  tion to the commission at the public hearings.  The  independent  redis-
    44  tricting  commission  shall  report the findings of all such hearings to
    45  the legislature upon submission of a redistricting plan.
    46    (d) The ratio for apportioning senators shall always  be  obtained  by
    47  dividing  the number of inhabitants, excluding aliens, by [fifty] seven-
    48  ty-five, and the senate shall always be composed of [fifty] seventy-five
    49  members, except that if any county having three or more senators at  the
    50  time  of  any  apportionment shall be entitled on such ratio to an addi-
    51  tional senator or senators, such additional senator or senators shall be
    52  given to such county in addition to the [fifty]  seventy-five  senators,
    53  and the whole number of senators shall be increased to that extent.
    54    The  senate  districts,  including the present ones, as existing imme-
    55  diately before the enactment of a law readjusting or altering the senate
    56  districts, shall continue to be the senate districts of the state  until

        A. 4145                             5
 
     1  the  expirations of the terms of the senators then in office, except for
     2  the purpose of an election of senators for full terms beginning at  such
     3  expirations[, and for the formation of assembly districts].
     4    (e)  The process for redistricting congressional and state legislative
     5  districts established by this section and [sections] section  five  [and
     6  five-b]  of this article shall govern redistricting in this state except
     7  to the extent that a court is required to  order  the  adoption  of,  or
     8  changes to, a redistricting plan as a remedy for a violation of law.
     9    A  reapportionment plan and the districts contained in such plan shall
    10  be in force until the effective date of a plan based upon the subsequent
    11  federal decennial census taken in a year ending in zero unless  modified
    12  pursuant to court order.
    13    [§  5. The members of the assembly shall be chosen by single districts
    14  and shall be apportioned pursuant to this section and sections four  and
    15  five-b  of  this  article  at  each  regular session at which the senate
    16  districts are readjusted or altered, and by  the  same  law,  among  the
    17  several  counties  of  the  state,  as nearly as may be according to the
    18  number of their respective inhabitants, excluding aliens.  Every  county
    19  heretofore  established  and  separately organized, except the county of
    20  Hamilton, shall always be entitled to one member  of  assembly,  and  no
    21  county shall hereafter be erected unless its population shall entitle it
    22  to  a  member.  The  county  of  Hamilton shall elect with the county of
    23  Fulton, until the population of the county of Hamilton shall,  according
    24  to  the  ratio,  entitle it to a member. But the legislature may abolish
    25  the said county of Hamilton and annex  the  territory  thereof  to  some
    26  other county or counties.
    27    The  quotient  obtained by dividing the whole number of inhabitants of
    28  the state, excluding aliens, by the number of members of assembly, shall
    29  be the ratio for apportionment, which shall  be  made  as  follows:  One
    30  member  of  assembly  shall  be  apportioned  to every county, including
    31  Fulton and Hamilton as one county, containing less than  the  ratio  and
    32  one-half  over.  Two members shall be apportioned to every other county.
    33  The remaining members of assembly shall be apportioned to  the  counties
    34  having  more  than  two  ratios  according to the number of inhabitants,
    35  excluding aliens. Members apportioned on remainders shall be apportioned
    36  to the counties having the  highest  remainders  in  the  order  thereof
    37  respectively. No county shall have more members of assembly than a coun-
    38  ty having a greater number of inhabitants, excluding aliens.
    39    The  assembly districts, including the present ones, as existing imme-
    40  diately before the enactment of a law making an apportionment of members
    41  of assembly among the  counties,  shall  continue  to  be  the  assembly
    42  districts of the state until the expiration of the terms of members then
    43  in  office, except for the purpose of an election of members of assembly
    44  for full terms beginning at such expirations.
    45    In any county entitled to more than one member, the board of  supervi-
    46  sors,  and in any city embracing an entire county and having no board of
    47  supervisors, the common council, or if there be none, the body  exercis-
    48  ing  the powers of a common council, shall assemble at such times as the
    49  legislature making an apportionment shall  prescribe,  and  divide  such
    50  counties  into  assembly districts as nearly equal in number of inhabit-
    51  ants, excluding aliens, as may be, of convenient and contiguous territo-
    52  ry in as compact form as practicable, each  of  which  shall  be  wholly
    53  within  a  senate district formed under the same apportionment, equal to
    54  the number of members of assembly to which such county  shall  be  enti-
    55  tled,  and  shall  cause  to  be filed in the office of the secretary of
    56  state and of the clerk of such county, a description of such  districts,

        A. 4145                             6

     1  specifying  the  number of each district and of the inhabitants thereof,
     2  excluding aliens, according to the census or  enumeration  used  as  the
     3  population  basis  for  the formation of such districts; and such appor-
     4  tionment and districts shall remain unaltered until after the next reap-
     5  portionment of members of assembly, except that the board of supervisors
     6  of  any  county containing a town having more than a ratio of apportion-
     7  ment and one-half over may alter the  assembly  districts  in  a  senate
     8  district  containing  such  town  at  any time on or before March first,
     9  nineteen hundred forty-six. In counties  having  more  than  one  senate
    10  district,  the  same  number  of assembly districts shall be put in each
    11  senate district, unless the assembly districts cannot be evenly  divided
    12  among  the senate districts of any county, in which case one more assem-
    13  bly district shall be put in the senate district in such  county  having
    14  the  largest,  or  one less assembly district shall be put in the senate
    15  district in such county  having  the  smallest  number  of  inhabitants,
    16  excluding  aliens,  as  the  case may require.   Nothing in this section
    17  shall prevent the division, at any time, of counties and towns  and  the
    18  erection of new towns by the legislature.
    19    An  apportionment  by the legislature, or other body, shall be subject
    20  to review by the supreme court, at the suit of any citizen,  under  such
    21  reasonable  regulations  as the legislature may prescribe; and any court
    22  before which a cause may be pending involving  an  apportionment,  shall
    23  give  precedence  thereto  over all other causes and proceedings, and if
    24  said court be not in session it shall convene promptly for the  disposi-
    25  tion of the same.  The court shall render its decision within sixty days
    26  after a petition is filed. In any judicial proceeding relating to redis-
    27  tricting of congressional or state legislative districts, any law estab-
    28  lishing  congressional  or  state legislative districts found to violate
    29  the provisions of this article shall be invalid in whole or in part.  In
    30  the  event  that  a  court finds such a violation, the legislature shall
    31  have a full and  reasonable  opportunity  to  correct  the  law's  legal
    32  infirmities.
    33    §  5-a.]  §  4.  For the purpose of apportioning [senate and assembly]
    34  districts pursuant to the foregoing provisions of this article, the term
    35  "inhabitants, excluding aliens" shall mean the whole number of persons.
    36    § [5-b]5.  (a) On or before February first of each year ending with  a
    37  zero  and  at  any other time a court orders that congressional or state
    38  legislative districts be amended, an independent  redistricting  commis-
    39  sion  shall  be established to determine the district lines for congres-
    40  sional and state  legislative  offices.  The  independent  redistricting
    41  commission shall be composed of ten members, appointed as follows:
    42    (1)  two  members shall be appointed by the temporary president of the
    43  senate;
    44    (2) two members shall be appointed by the [speaker  of  the  assembly]
    45  deputy majority leader of the senate;
    46    (3)  two  members  shall  be  appointed  by the minority leader of the
    47  senate;
    48    (4) two members shall be appointed by the deputy  minority  leader  of
    49  the [assembly] senate;
    50    (5)  two  members  shall  be  appointed by the eight members appointed
    51  pursuant to paragraphs (1) through (4) of this subdivision by a vote  of
    52  not  less  than five members in favor of such appointment, and these two
    53  members shall not have been enrolled in  the  preceding  five  years  in
    54  either  of  the two political parties that contain the largest or second
    55  largest number of enrolled voters within the state;

        A. 4145                             7
 
     1    (6) one member shall be designated chair of the commission by a major-
     2  ity of the members appointed pursuant to paragraphs (1) through  (5)  of
     3  this subdivision to convene and preside over each meeting of the commis-
     4  sion.
     5    (b)  The  members of the independent redistricting commission shall be
     6  registered voters in this state. No member shall within the  last  three
     7  years:
     8    (1)  be  or  have  been  a member of the New York state legislature or
     9  United States Congress or a statewide elected official;
    10    (2) be or have been a state officer or employee or legislative employ-
    11  ee as defined in section seventy-three of the public officers law;
    12    (3) be or have been a registered lobbyist in New York state;
    13    (4) be or have been a political party chairman, as  defined  in  para-
    14  graph  (k)  of  subdivision  one  of section seventy-three of the public
    15  officers law;
    16    (5) be the spouse of a statewide elected official or of any member  of
    17  the United States Congress, or of the state legislature.
    18    (c)  To  the extent practicable, the members of the independent redis-
    19  tricting commission shall reflect the diversity of the residents of this
    20  state with regard to race, ethnicity, gender, language,  and  geographic
    21  residence and to the extent practicable the appointing authorities shall
    22  consult  with  organizations  devoted to protecting the voting rights of
    23  minority and other voters concerning potential appointees to the commis-
    24  sion.
    25    (d) Vacancies in the membership of  the  commission  shall  be  filled
    26  within  thirty  days in the manner provided for in the original appoint-
    27  ments.
    28    (e) The legislature shall provide by law for the compensation  of  the
    29  members  of  the independent redistricting commission, including compen-
    30  sation for actual and necessary expenses incurred in the performance  of
    31  their duties.
    32    (f) A minimum of five members of the independent redistricting commis-
    33  sion  shall  constitute  a quorum for the transaction of any business or
    34  the exercise of any power of such commission prior to the appointment of
    35  the two commission members appointed pursuant to paragraph (5) of subdi-
    36  vision (a) of this section, and a minimum of seven members shall consti-
    37  tute a quorum after such members have been appointed, and no exercise of
    38  any power of the independent redistricting commission shall occur  with-
    39  out the affirmative vote of at least a majority of the members, provided
    40  that, in order to approve any redistricting plan and implementing legis-
    41  lation, the following [rules] rule shall apply:
    42    [(1)  In  the event that the speaker of the assembly and the temporary
    43  president of the  senate  are  members  of  the  same  political  party,
    44  approval]  Approval of a redistricting plan and implementing legislation
    45  by the commission for submission to the legislature  shall  require  the
    46  vote  in  support of its approval by at least seven members including at
    47  least one member appointed by each of the legislative leaders.
    48    [(2) In the event that the speaker of the assembly and  the  temporary
    49  president  of the senate are members of two different political parties,
    50  approval of a redistricting plan by the commission for submission to the
    51  legislature shall require the vote in support  of  its  approval  by  at
    52  least  seven  members  including  at  least  one member appointed by the
    53  speaker of the assembly and one member appointed by the temporary presi-
    54  dent of the senate.]
    55    (g) In the event that the commission is unable to obtain  seven  votes
    56  to  approve  a redistricting plan on or before January first in the year

        A. 4145                             8
 
     1  ending in two or as soon as practicable thereafter, the commission shall
     2  submit to the  legislature  that  redistricting  plan  and  implementing
     3  legislation  that garnered the highest number of votes in support of its
     4  approval  by  the  commission  with a record of the votes taken.  In the
     5  event that more than one plan received the  same  number  of  votes  for
     6  approval,  and such number was higher than that for any other plan, then
     7  the commission shall submit all  plans  that  obtained  such  number  of
     8  votes.    The legislature shall consider and vote upon such implementing
     9  legislation in accordance with the voting rules set forth in subdivision
    10  (b) of section four of this article.
    11    (h) (1) The independent redistricting  commission  shall  appoint  two
    12  co-executive  directors  by a majority vote of the commission in accord-
    13  ance with the following procedure:
    14    [(i) In the event that the speaker of the assembly and  the  temporary
    15  president  of the senate are members of two different political parties,
    16  the co-executive directors shall  be  approved  by  a  majority  of  the
    17  commission  that  includes  at least one appointee by the speaker of the
    18  assembly and at least one appointee by the temporary  president  of  the
    19  senate.
    20    (ii)  In  the event that the speaker of the assembly and the temporary
    21  president of the senate are members of the same  political  party,  the]
    22  The  co-executive  directors  shall  be  approved  by  a majority of the
    23  commission that includes at least one appointee by each of the  legisla-
    24  tive leaders.
    25    (2)  One  of the co-executive directors shall be enrolled in the poli-
    26  tical party with the highest number of enrolled members in the state and
    27  one shall be enrolled in the political party  with  the  second  highest
    28  number  of  enrolled  members  in  the state. The co-executive directors
    29  shall appoint such staff as are necessary to  perform  the  commission's
    30  duties, except that the commission shall review a staffing plan prepared
    31  and provided by the co-executive directors which shall contain a list of
    32  the various positions and the duties, qualifications, and salaries asso-
    33  ciated with each position.
    34    (3)  In the event that the commission is unable to appoint one or both
    35  of the co-executive directors within forty-five days of  the  establish-
    36  ment  of  a quorum of seven commissioners, the following procedure shall
    37  be followed:
    38    [(i) In the event that the speaker of the assembly and  the  temporary
    39  president  of the senate are members of two different political parties,
    40  within ten days the speaker's appointees on the commission shall appoint
    41  one co-executive director, and the temporary president's  appointees  on
    42  the commission shall appoint the other co-executive director. Also with-
    43  in ten days the minority leader of the assembly shall select a co-deputy
    44  executive  director,  and the minority leader of the senate shall select
    45  the other co-deputy executive director.
    46    (ii) In the event that the speaker of the assembly and  the  temporary
    47  president of the senate are members of the same political party, within]
    48  Within ten days the [speaker's and] temporary president's and the deputy
    49  majority  leader's  appointees  on the commission shall together appoint
    50  one co-executive director, and the two minority leaders'  appointees  on
    51  the commission shall together appoint the other co-executive director.
    52    (4)  In the event of a vacancy in the offices of co-executive director
    53  or co-deputy executive director, the position shall be filled within ten
    54  days of its occurrence by the same appointing authority  or  authorities
    55  that appointed his or her predecessor.

        A. 4145                             9
 
     1    (i)  The  state  budget shall include necessary appropriations for the
     2  expenses  of  the  independent  redistricting  commission,  provide  for
     3  compensation  and reimbursement of expenses for the members and staff of
     4  the commission, assign to the commission any additional duties that  the
     5  legislature  may  deem necessary to the performance of the duties stipu-
     6  lated in this article, and require other agencies and officials  of  the
     7  state  of New York and its political subdivisions to provide such infor-
     8  mation and assistance as the  commission  may  require  to  perform  its
     9  duties.
    10    §  6.  Each  member  of  the  legislature shall receive for his or her
    11  services a like annual salary, to be fixed by law. He or she shall  also
    12  be  reimbursed  for his or her actual traveling expenses in going to and
    13  returning from the place in which the legislature meets, not  more  than
    14  once  each week while the legislature is in session. [Senators, when the
    15  senate alone is convened in extraordinary session, or  when  serving  as
    16  members  of the court for the trial of impeachments, and such members of
    17  the assembly, not exceeding nine in number, as shall be appointed manag-
    18  ers of an impeachment, shall receive an additional per  diem  allowance,
    19  to  be fixed by law.] Any member, while serving as an officer of [his or
    20  her house] the senate or  in  any  other  special  capacity  therein  or
    21  directly connected therewith not hereinbefore in this section specified,
    22  may  also  be  paid and receive, in addition, any allowance which may be
    23  fixed by law for the particular and additional services appertaining  to
    24  or  entailed  by  such office or special capacity. Neither the salary of
    25  any member nor any other allowance so fixed may be increased  or  dimin-
    26  ished  during,  and  with respect to, the term for which he or she shall
    27  have been elected, nor shall he or she be  paid  or  receive  any  other
    28  extra  compensation.  The provisions of this section and laws enacted in
    29  compliance  therewith  shall  govern  and  be  exclusively  controlling,
    30  according  to their terms. Members shall continue to receive such salary
    31  and additional allowance  as  heretofore  fixed  and  provided  in  this
    32  section, until changed by law pursuant to this section.
    33    § 7. No person shall serve as a member of the legislature unless he or
    34  she  is  a  citizen  of the United States and has been a resident of the
    35  state of New York for five years, and, except as  hereinafter  otherwise
    36  prescribed,  of  the [assembly or senate] district for the twelve months
    37  immediately preceding his or her election[;  if  elected  a  senator  or
    38  member  of assembly at the first election next ensuing after a readjust-
    39  ment or alteration of the senate or assembly  districts  becomes  effec-
    40  tive,  a person, to be eligible to serve as such, must have been a resi-
    41  dent of the county in which the senate or assembly district is contained
    42  for the twelve months immediately preceding  his  or  her  election.  No
    43  member of the legislature shall, during the time for which he or she was
    44  elected,  receive  any civil appointment from the governor, the governor
    45  and the senate, the legislature or  from  any  city  government,  to  an
    46  office  which  shall  have been created, or the emoluments whereof shall
    47  have been increased during such time]. If a member of the legislature be
    48  elected to congress, or appointed to  any  office,  civil  or  military,
    49  under  the  government  of  the United States, the state of New York, or
    50  under any city government except as a member of the  national  guard  or
    51  naval  militia  of  the  state,  or  of the reserve forces of the United
    52  States, his or her acceptance thereof shall vacate his or  her  seat  in
    53  the  legislature,  providing,  however, that a member of the legislature
    54  may be appointed commissioner of deeds or to any office in which  he  or
    55  she shall receive no compensation.

        A. 4145                            10
 
     1    §  8. The elections of senators [and members of assembly], pursuant to
     2  the provisions of this  constitution,  shall  be  held  on  the  Tuesday
     3  succeeding  the  first  Monday of November, unless otherwise directed by
     4  the legislature.
     5    §  9.  A majority of [each house] the senate shall constitute a quorum
     6  to do business.  [Each house] The senate shall determine  the  rules  of
     7  its  own  proceedings,  and  be  the judge of the elections, returns and
     8  qualifications of its own members; shall choose its  own  officers;  and
     9  [the  senate] shall choose a temporary president [and the assembly shall
    10  choose a speaker].
    11    § 10. [Each house of the legislature] The senate shall keep a  journal
    12  of  its  proceedings,  and  publish  the  same, except such parts as may
    13  require secrecy. The doors of [each house]  the  senate  shall  be  kept
    14  open,  except  when  the  public welfare shall require secrecy. [Neither
    15  house] The senate shall[, without the consent of the other,] not adjourn
    16  for more than two days.
    17    § 11. For any speech or debate in [either house of] the  [legislature]
    18  senate, the members shall not be questioned in any other place.
    19    [§  12. Any bill may originate in either house of the legislature, and
    20  all bills passed by one house may be amended by the other.]
    21    § [13] 12.  The enacting clause of all bills shall be "The  People  of
    22  the State of New York, represented in Senate [and Assembly], do enact as
    23  follows," and no law shall be enacted except by bill.
    24    §  [14]  13.   No bill shall be passed or become a law unless it shall
    25  have been printed and upon the desks of the members, in its final  form,
    26  at  least  three  calendar  legislative days prior to its final passage,
    27  unless the governor, or the acting governor, shall have certified, under
    28  his or her hand and the seal of the state, the facts which in his or her
    29  opinion necessitate an immediate vote thereon, in  which  case  it  must
    30  nevertheless  be upon the desks of the members in final form, not neces-
    31  sarily printed, before its final passage; nor shall any bill  be  passed
    32  or  become  a  law,  except  by  the assent of a majority of the members
    33  elected to [each branch of] the legislature; and upon the  last  reading
    34  of  a bill, no amendment thereof shall be allowed, and the question upon
    35  its final passage shall be taken immediately thereafter,  and  the  ayes
    36  and nays entered on the journal.
    37    For purposes of this section, a bill shall be deemed to be printed and
    38  upon the desks of the members if: it is set forth in a legible electron-
    39  ic  format  by  electronic means, and it is available for review in such
    40  format at the desks of the members. For purposes of this section  "elec-
    41  tronic  means"  means  any method of transmission of information between
    42  computers or other machines designed for  the  purpose  of  sending  and
    43  receiving   such  transmissions  and  which:  allows  the  recipient  to
    44  reproduce  the  information  transmitted  in  a   tangible   medium   of
    45  expression; and does not permit additions, deletions or other changes to
    46  be made without leaving an adequate record thereof.
    47    §  [15]  14.    No  private  or local bill, which may be passed by the
    48  legislature, shall embrace more than one  subject,  and  that  shall  be
    49  expressed in the title.
    50    § [16] 15.  No act shall be passed which shall provide that any exist-
    51  ing  law,  or  any  part thereof, shall be made or deemed a part of said
    52  act, or which shall enact that any existing law, or part thereof,  shall
    53  be applicable, except by inserting it in such act.
    54    §  [17]  16. The legislature shall not pass a private or local bill in
    55  any of the following cases:
    56    Changing the names of persons.

        A. 4145                            11
 
     1    Laying out, opening, altering, working or discontinuing  roads,  high-
     2  ways  or  alleys, or for draining swamps or other low lands. Locating or
     3  changing county seats.
     4    Providing for changes of venue in civil or criminal cases.
     5    Incorporating villages.
     6    Providing for election of members of boards of supervisors.
     7    Selecting, drawing, summoning or empaneling grand or petit jurors.
     8    Regulating the rate of interest on money.
     9    The  opening  and  conducting  of  elections  or designating places of
    10  voting.
    11    Creating, increasing or decreasing fees, percentages or allowances  of
    12  public  officers, during the term for which said officers are elected or
    13  appointed.
    14    Granting to any corporation, association or individual  the  right  to
    15  lay down railroad tracks.
    16    Granting  to  any  private  corporation, association or individual any
    17  exclusive privilege, immunity or franchise whatever.
    18    Granting to any person, association, firm or corporation, an exemption
    19  from taxation on real or personal property.
    20    Providing for the building of bridges, except over the waters  forming
    21  a  part  of  the  boundaries  of the state, by other than a municipal or
    22  other public corporation or a public agency of the state.
    23    § [18] 17. The members of the legislature shall be empowered, upon the
    24  presentation to the temporary president of the senate [and  the  speaker
    25  of  the  assembly]  of  a petition signed by two-thirds of the [members]
    26  elected [to each house of the  legislature]  senators,  to  convene  the
    27  legislature  on extraordinary occasions to act upon the subjects enumer-
    28  ated in such petition.
    29    § [19] 18. The legislature shall neither audit nor allow  any  private
    30  claim  or  account  against  the state, but may appropriate money to pay
    31  such claims as shall have been audited and allowed according to law.
    32    No claim against the state shall be audited, allowed or paid which, as
    33  between citizens of the state, would be barred by lapse of time. But  if
    34  the  claimant shall be under legal disability the claim may be presented
    35  within two years after such disability is removed.
    36    § [20] 19. The assent of two-thirds of the members  elected  to  [each
    37  branch  of] the legislature shall be requisite to every bill appropriat-
    38  ing the public moneys or property for local or private purposes.
    39    § [21] 20. Sections [15, 16, and 17] 14, 15, and 16  of  this  article
    40  shall  not apply to any bill, or the amendments to any bill, which shall
    41  be recommended to the legislature by commissioners or any public  agency
    42  appointed  or  directed  pursuant  to  law to prepare revisions, consol-
    43  idations or compilations of statutes. But a bill  amending  an  existing
    44  law  shall  not  be excepted from the provisions of sections [15, 16 and
    45  17] 14, 15, and 16 of this  article  unless  such  amending  bill  shall
    46  itself be recommended to the legislature by such commissioners or public
    47  agency.
    48    §  [22]  21. Every law which imposes, continues or revives a tax shall
    49  distinctly state the tax and the object to which it is  to  be  applied,
    50  and it shall not be sufficient to refer to any other law to fix such tax
    51  or object.
    52    Notwithstanding the foregoing or any other provision of this constitu-
    53  tion, the legislature, in any law imposing a tax or taxes on, in respect
    54  to  or measured by income, may define the income on, in respect to or by
    55  which such tax or taxes are imposed or measured,  by  reference  to  any
    56  provision  of the laws of the United States as the same may be or become

        A. 4145                            12
 
     1  effective at any time or from time to time, and may prescribe exceptions
     2  or modifications to any such provision.
     3    § [23] 22. On the final passage[, in either house of the legislature,]
     4  of  any act which imposes, continues or revives a tax, or creates a debt
     5  or charge, or makes, continues or revives any appropriation of public or
     6  trust money or property, or releases, discharges or commutes  any  claim
     7  or  demand  of  the state, the question shall be taken by yeas and nays,
     8  which shall be duly entered upon the journals, and three-fifths  of  all
     9  the  members  elected  to  [either  house] the senate shall, in all such
    10  cases, be necessary to constitute a quorum therein.
    11    § [24] 23. The legislature shall, by law, provide for  the  occupation
    12  and  employment  of  prisoners  sentenced  to the several state prisons,
    13  penitentiaries, jails and reformatories in the state; and no  person  in
    14  any such prison, penitentiary, jail or reformatory, shall be required or
    15  allowed to work, while under sentence thereto, at any trade, industry or
    16  occupation, wherein or whereby his or her work, or the product or profit
    17  of  his  or  her work, shall be farmed out, contracted, given or sold to
    18  any person, firm, association or corporation, provided that the legisla-
    19  ture may provide by law that such prisoners may voluntarily perform work
    20  for nonprofit organizations. As used in this section, the term  "nonpro-
    21  fit  organization"  means an organization operated exclusively for reli-
    22  gious, charitable, or educational purposes, no part of the net  earnings
    23  of which inures to the benefit of any private shareholder or individual.
    24  This  section  shall  not  be  construed to prevent the legislature from
    25  providing that convicts may work for, and that  the  products  of  their
    26  labor  may be disposed of to, the state or any political division there-
    27  of, or for or to any public institution owned or managed and  controlled
    28  by the state, or any political division thereof.
    29    §  [25]  24. Notwithstanding any other provision of this constitution,
    30  the legislature, in order  to  insure  continuity  of  state  and  local
    31  governmental  operations  in periods of emergency caused by enemy attack
    32  or by disasters (natural or otherwise), shall have  the  power  and  the
    33  immediate duty (1) to provide for prompt and temporary succession to the
    34  powers  and  duties  of  public  offices, of whatever nature and whether
    35  filled by election or appointment, the incumbents of  which  may  become
    36  unavailable  for  carrying on the powers and duties of such offices, and
    37  (2) to adopt such other measures as may  be  necessary  and  proper  for
    38  insuring the continuity of governmental operations.
    39    Nothing  in  this  article  shall be construed to limit in any way the
    40  power of the state to deal with emergencies arising from any cause.
    41    § 2. Resolved (if the Senate concur), That sections 3,  6,  and  7  of
    42  article 4 of the constitution be amended to read as follows:
    43    §  3.  The  governor  shall  be commander-in-chief of the military and
    44  naval forces of the state. The governor shall have power to convene  the
    45  legislature[,  or  the  senate  only,]  on  extraordinary  occasions. At
    46  extraordinary sessions convened  pursuant  to  the  provisions  of  this
    47  section  no subject shall be acted upon, except such as the governor may
    48  recommend for consideration. The governor shall communicate  by  message
    49  to  the  legislature  at  every  session the condition of the state, and
    50  recommend such matters to it as he or she  shall  judge  expedient.  The
    51  governor shall expedite all such measures as may be resolved upon by the
    52  legislature,  and shall take care that the laws are faithfully executed.
    53  The governor shall receive for his or her services an annual  salary  to
    54  be  fixed  by [joint] resolution of the senate [and assembly], and there
    55  shall be provided for his or her use a suitable and furnished  executive
    56  residence.

        A. 4145                            13
 
     1    §  6. The lieutenant-governor shall possess the same qualifications of
     2  eligibility for office as the governor. [The  lieutenant-governor  shall
     3  be the president of the senate but shall have only a casting vote there-
     4  in.]  The  lieutenant-governor  shall receive for his or her services an
     5  annual  salary  to  be  fixed  by  [joint] resolution of the senate [and
     6  assembly].
     7    In case of vacancy in the offices of both governor and lieutenant-gov-
     8  ernor, a governor and  lieutenant-governor  shall  be  elected  for  the
     9  remainder  of  the  term at the next general election happening not less
    10  than three months after  both  offices  shall  have  become  vacant.  No
    11  election  of  a  lieutenant-governor shall be had in any event except at
    12  the time of electing a governor.
    13    In case of vacancy in the offices of both governor and lieutenant-gov-
    14  ernor or if both of them shall be impeached, absent from  the  state  or
    15  otherwise  unable  to  discharge  the powers and duties of the office of
    16  governor, the temporary president of the senate shall  act  as  governor
    17  until the inability shall cease or until a governor shall be elected.
    18    In  case  of vacancy in the office of lieutenant-governor alone, or if
    19  the lieutenant-governor shall be impeached, absent  from  the  state  or
    20  otherwise unable to discharge the duties of office, the temporary presi-
    21  dent  of  the senate shall perform all the duties of lieutenant-governor
    22  during such vacancy or inability.
    23    [If, when the duty of acting as governor devolves upon  the  temporary
    24  president of the senate, there be a vacancy in such office or the tempo-
    25  rary president of the senate shall be absent from the state or otherwise
    26  unable  to discharge the duties of governor, the speaker of the assembly
    27  shall act as governor during such vacancy or inability.]
    28    The legislature may provide for the devolution of the duty  of  acting
    29  as governor in any case not provided for in this article.
    30    §  7.  Every  bill  which  shall have passed the senate [and assembly]
    31  shall, before it becomes a law, be presented to  the  governor;  if  the
    32  governor  approve,  he or she shall sign it; but if not, he or she shall
    33  return it with his or her objections to the [house  in  which  it  shall
    34  have  originated]  senate,  which shall enter the objections at large on
    35  the journal, and proceed to reconsider it.  If  after  such  reconsider-
    36  ation,  two-thirds  of  the  members  elected to [that house] the senate
    37  shall agree to pass the bill,  [it  shall  be  sent  together  with  the
    38  objections,  to the other house, by which it shall likewise be reconsid-
    39  ered; and if approved by two-thirds  of  the  members  elected  to  that
    40  house,]  it  shall  become  a  law notwithstanding the objections of the
    41  governor. In all such cases the votes [in both houses] shall  be  deter-
    42  mined  by  yeas  and  nays, and the names of the members voting shall be
    43  entered on the journal of [each house respectively] the senate.  If  any
    44  bill  shall  not  be  returned  by the governor within ten days (Sundays
    45  excepted) after it shall have been presented to him  or  her,  the  same
    46  shall  be a law in like manner as if he or she had signed it, unless the
    47  legislature shall, by [their] its adjournment, prevent  its  return,  in
    48  which  case it shall not become a law without the approval of the gover-
    49  nor. No bill shall become a law  after  the  final  adjournment  of  the
    50  legislature,  unless  approved  by the governor within thirty days after
    51  such adjournment. If any bill presented to the governor contain  several
    52  items  of appropriation of money, the governor may object to one or more
    53  of such items while approving of the other portion of the bill. In  such
    54  case the governor shall append to the bill, at the time of signing it, a
    55  statement of the items to which he or she objects; and the appropriation
    56  so  objected to shall not take effect. If the legislature be in session,

        A. 4145                            14
 
     1  he or she shall transmit [to the house in which the bill  originated]  a
     2  copy  of  such  statement, and the items objected to shall be separately
     3  reconsidered. If on  reconsideration  one  or  more  of  such  items  be
     4  approved  by  two-thirds  of  the  members  elected  to [each house] the
     5  senate,  the  same  shall  be  part  of  the  law,  notwithstanding  the
     6  objections  of  the  governor.  All  the  provisions of this section, in
     7  relation to bills not approved by the governor, shall apply in cases  in
     8  which he or she shall withhold approval from any item or items contained
     9  in a bill appropriating money.
    10    §  3. Resolved (if the Senate concur), That subdivision d of section 2
    11  and sections 22 and 24 of article 6 of the constitution  be  amended  to
    12  read as follows:
    13    d.  (1)  The commission on judicial nomination shall consist of twelve
    14  members of whom four shall be appointed by the  governor,  four  by  the
    15  chief judge of the court of appeals, and [one each] four by the [speaker
    16  of  the  assembly,] the temporary president of the senate[, the minority
    17  leader of the senate, and the minority leader of the assembly].  Of  the
    18  four  members  appointed  by  the  governor,  no  more than two shall be
    19  enrolled in the same political party, two shall be members of the bar of
    20  the state, and two shall not be members of the bar of the state. Of  the
    21  four  members  appointed  by the chief judge of the court of appeals, no
    22  more than two shall be enrolled in the same political party,  two  shall
    23  be  members of the bar of the state, and two shall not be members of the
    24  bar of the state. No member of the commission shall hold  or  have  held
    25  any  judicial  office  or hold any elected public office for which he or
    26  she receives compensation during his or her period  of  service,  except
    27  that  the governor and the chief judge may each appoint no more than one
    28  former judge or justice of the unified court system to such  commission.
    29  No  member  of  the  commission  shall  hold any office in any political
    30  party.  No member of the judicial nominating commission shall be  eligi-
    31  ble  for appointment to judicial office in any court of the state during
    32  the member's period of service or within one year thereafter.
    33    (2) The members first appointed by the governor shall have respective-
    34  ly one, two, three and four year terms as the governor shall  designate.
    35  The  members  first appointed by the chief judge of the court of appeals
    36  shall have respectively one, two, three and four year terms as the chief
    37  judge shall designate. The  [member]  members  first  appointed  by  the
    38  temporary  president  of  the  senate  shall have a [one-year] four-year
    39  term. [The member first appointed by the minority leader of  the  senate
    40  shall have a two-year term. The member first appointed by the speaker of
    41  the  assembly shall have a four-year term. The member first appointed by
    42  the minority leader of the assembly shall have a three-year  term.  Each
    43  subsequent appointment shall be for a term of four years.]
    44    (3)  The  commission  shall  designate one of their number to serve as
    45  chairperson.
    46    (4) The commission shall consider the qualifications of candidates for
    47  appointment to the offices of judge and chief  judge  of  the  court  of
    48  appeals and, whenever a vacancy in those offices occurs, shall prepare a
    49  written report and recommend to the governor persons who are well quali-
    50  fied for those judicial offices.
    51    §  22. a. There shall be a commission on judicial conduct. The commis-
    52  sion on judicial conduct shall receive, initiate, investigate  and  hear
    53  complaints  with  respect  to  the  conduct,  qualifications, fitness to
    54  perform or performance of official duties of any judge or justice of the
    55  unified court system, in the manner provided by law; and, in  accordance
    56  with  subdivision  d  of  this  section,  may  determine that a judge or

        A. 4145                            15
 
     1  justice be admonished,  censured  or  removed  from  office  for  cause,
     2  including,  but not limited to, misconduct in office, persistent failure
     3  to perform his or her duties, habitual intemperance, and conduct, on  or
     4  off  the  bench, prejudicial to the administration of justice, or that a
     5  judge or justice be retired for mental or physical disability preventing
     6  the proper performance of his or her  judicial  duties.  The  commission
     7  shall  transmit  [an]  any  such determination to the chief judge of the
     8  court of appeals who shall cause written notice of such determination to
     9  be given to the judge or justice involved. Such  judge  or  justice  may
    10  either  accept the commission's determination or make written request to
    11  the chief judge, within thirty days after receipt of such notice, for  a
    12  review of such determination by the court of appeals.
    13    b.  (1)  The  commission  on  judicial conduct shall consist of eleven
    14  members, of whom four shall be appointed by the governor, [one] four  by
    15  the  temporary  president  of the senate[, one by the minority leader of
    16  the senate, one by the speaker of the  assembly,  one  by  the  minority
    17  leader  of  the  assembly]  and three by the chief judge of the court of
    18  appeals. Of the members appointed by the governor one person shall be  a
    19  member of the bar of the state but not a judge or justice, two shall not
    20  be  members of the bar, justices or judges or retired justices or judges
    21  of the unified court system, and one shall be a judge or justice of  the
    22  unified  court  system.  Of the members appointed by the chief judge one
    23  person shall be a justice of the appellate division of the supreme court
    24  and two shall be judges or justices of a court or courts other than  the
    25  court  of  appeals  or  appellate  divisions.  None of the persons to be
    26  appointed by the [legislative leaders] temporary president of the senate
    27  shall be justices or judges or retired justices or judges.
    28    (2) The persons first appointed by the governor shall have respective-
    29  ly one, two, three, and four-year terms as the governor shall designate.
    30  The persons first appointed by the chief judge of the court  of  appeals
    31  shall  have respectively two, three, and four-year terms as the governor
    32  shall designate. The [person] persons first appointed by  the  temporary
    33  president  of  the  senate shall have [a one-year term. The person first
    34  appointed by the minority leader of the senate  shall  have  a  two-year
    35  term.  The  person  first appointed by the speaker of the assembly shall
    36  have a four-year term. The person first appointed by the minority leader
    37  of the assembly shall have a three-year  term]  respectively  one,  two,
    38  three  and four-year terms as he or she shall designate.  Each member of
    39  the commission shall be appointed thereafter for a term of  four  years.
    40  Commission membership of a judge or justice appointed by the governor or
    41  the  chief judge shall terminate if such member ceases to hold the judi-
    42  cial position which qualified him or her for such  appointment.  Member-
    43  ship  shall  also  terminate  if a member attains a position which would
    44  have rendered him or her ineligible  for  appointment  at  the  time  of
    45  appointment. A vacancy shall be filled by the appointing officer for the
    46  remainder of the term.
    47    c.  The  organization  and  procedure  of  the  commission on judicial
    48  conduct shall be as provided by law. The commission on judicial  conduct
    49  may  establish  its  own rules and procedures not inconsistent with law.
    50  Unless the legislature shall provide otherwise, the commission shall  be
    51  empowered  to  designate  one  of  its  members or any other person as a
    52  referee to hear and report concerning any matter before the commission.
    53    d. In reviewing a determination of the commission on judicial conduct,
    54  the court of appeals may admonish, censure, remove or  retire,  for  the
    55  reasons  set  forth  in  subdivision a of this section, any judge of the
    56  unified court system. In reviewing a determination of the commission  on

        A. 4145                            16
 
     1  judicial  conduct,  the  court  of appeals shall review the commission's
     2  findings of fact and conclusions of law on the record of the proceedings
     3  upon which the  commission's  determination  was  based.  The  court  of
     4  appeals  may  impose  a  less or more severe sanction prescribed by this
     5  section than the one determined by the commission, or  impose  no  sanc-
     6  tion.
     7    e. The court of appeals may suspend a judge or justice from exercising
     8  the  powers  of his or her office while there is pending a determination
     9  by the commission on judicial conduct for his or her removal or  retire-
    10  ment,  or  while  the  judge  or justice is charged in this state with a
    11  felony by an indictment or an information filed pursuant to section  six
    12  of  article  one.  The suspension shall continue upon conviction and, if
    13  the conviction becomes final, the judge or justice shall be removed from
    14  office.  The  suspension  shall  be  terminated  upon  reversal  of  the
    15  conviction  and  dismissal of the accusatory instrument. Nothing in this
    16  subdivision shall prevent the commission on judicial conduct from deter-
    17  mining that a judge or justice  be  admonished,  censured,  removed,  or
    18  retired pursuant to subdivision a of this section.
    19    f. Upon the recommendation of the commission on judicial conduct or on
    20  its own motion, the court of appeals may suspend a judge or justice from
    21  office  when  he  or  she is charged with a crime punishable as a felony
    22  under the laws of this state, or any other crime  which  involves  moral
    23  turpitude.  The  suspension  shall  continue upon conviction and, if the
    24  conviction becomes final, the judge or justice  shall  be  removed  from
    25  office.  The  suspension  shall  be  terminated  upon  reversal  of  the
    26  conviction and dismissal of the accusatory instrument. Nothing  in  this
    27  subdivision shall prevent the commission on judicial conduct from deter-
    28  mining  that  a  judge  or  justice be admonished, censured, removed, or
    29  retired pursuant to subdivision a of this section.
    30    g. A judge or justice who is suspended from office  by  the  court  of
    31  appeals  shall  receive his or her judicial salary during such period of
    32  suspension, unless the court directs otherwise.  If  the  court  has  so
    33  directed  and  such  suspension  is thereafter terminated, the court may
    34  direct that the judge or justice shall be paid his  or  her  salary  for
    35  such period of suspension.
    36    h. A judge or justice retired by the court of appeals shall be consid-
    37  ered  to  have  retired  voluntarily.  A judge or justice removed by the
    38  court of appeals shall be ineligible to hold other judicial office.
    39    i. Notwithstanding any other provision of this section,  the  legisla-
    40  ture  may  provide by law for review of determinations of the commission
    41  on judicial conduct with respect to justices of town and village  courts
    42  by an appellate division of the supreme court. In such event, all refer-
    43  ences in this section to the court of appeals and the chief judge there-
    44  of shall be deemed references to an appellate division and the presiding
    45  justice thereof, respectively.
    46    j.  If  a  court  on the judiciary shall have been convened before the
    47  effective date of this section and the proceeding shall not be concluded
    48  by that date, the court on the judiciary shall have continuing jurisdic-
    49  tion beyond the effective date of this section to conclude the  proceed-
    50  ing.  All  matters  pending  before  the  former  commission on judicial
    51  conduct on the effective date of this section shall be  disposed  of  in
    52  such manner as shall be provided by law.
    53    §  24.  The [assembly] senate shall have the power of impeachment by a
    54  vote of a majority of all the members elected thereto.  [The  court  for
    55  the  trial  of  impeachments  shall  be composed of the president of the
    56  senate, the senators, or the major part of them, and the judges  of  the

        A. 4145                            17

     1  court of appeals, or the major part of them. On the trial of an impeach-
     2  ment  against  the governor or lieutenant-governor, neither the lieuten-
     3  ant-governor nor the temporary president of the senate shall  act  as  a
     4  member  of  the  court.]  No  judicial officer shall exercise his or her
     5  office after articles of impeachment against him or her shall have  been
     6  preferred  to  the  senate,  until  he or she shall have been acquitted.
     7  Before the trial of an impeachment, the members of the court shall  take
     8  an  oath  or  affirmation  truly  and impartially to try the impeachment
     9  according to the evidence, and no person shall be convicted without  the
    10  concurrence  of  two-thirds of the members present. Judgment in cases of
    11  impeachment shall not extend further than to  removal  from  office,  or
    12  removal  from  office  and disqualification to hold and enjoy any public
    13  office of honor, trust, or  profit  under  this  state;  but  the  party
    14  impeached shall be liable to indictment and punishment according to law.
    15    § 4. Resolved (if the Senate concur), That sections 1 and 2 of article
    16  19 of the constitution be amended to read as follows:
    17    Section  1.  Any  amendment  or amendments to this constitution may be
    18  proposed in the senate [and assembly] whereupon such amendment or amend-
    19  ments shall be referred to the attorney-general whose duty it  shall  be
    20  within  twenty  days  thereafter  to render an opinion in writing to the
    21  senate [and assembly] as to the effect of such amendment  or  amendments
    22  upon  other provisions of the constitution. Upon receiving such opinion,
    23  if the amendment or amendments as proposed or as amended shall be agreed
    24  to by a majority of the members elected [to each  of  the  two  houses],
    25  such  proposed  amendment or amendments shall be entered on [their jour-
    26  nals] its journal, and the ayes and noes taken thereon, and referred  to
    27  the  next  regular  legislative  session  convening after the succeeding
    28  general election of members of  the  [assembly]  senate,  and  shall  be
    29  published  for  three months previous to the time of making such choice;
    30  and if in such legislative session, such proposed  amendment  or  amend-
    31  ments  shall  be  agreed to by a majority of all the members elected [to
    32  each house], then it shall be the duty of the legislature to submit each
    33  proposed amendment or amendments to the  people  for  approval  in  such
    34  manner  and at such times as the legislature shall prescribe; and if the
    35  people shall approve and ratify such amendment or amendments by a major-
    36  ity of the electors voting thereon, such amendment or  amendments  shall
    37  become a part of the constitution on the first day of January next after
    38  such approval.  Neither the failure of the attorney-general to render an
    39  opinion  concerning  such a proposed amendment nor his or her failure to
    40  do so timely shall affect [th] the validity of such  proposed  amendment
    41  or legislative action thereon.
    42    §  2.  At the general election to be held in the year nineteen hundred
    43  fifty-seven, and every twentieth year thereafter, and also at such times
    44  as the legislature may by law provide, the question "Shall  there  be  a
    45  convention  to  revise  the  constitution  and amend the same?" shall be
    46  submitted to and decided by the electors of the state;  and  in  case  a
    47  majority  of  the  electors  voting  thereon  shall decide in favor of a
    48  convention for such purpose, the electors of every  senate  district  of
    49  the  state,  as  then organized, shall elect three delegates at the next
    50  ensuing general election, and the electors of the state  voting  at  the
    51  same  election  shall elect fifteen delegates-at-large. The delegates so
    52  elected shall convene at the capitol on the first Tuesday of April  next
    53  ensuing after their election, and shall continue their session until the
    54  business  of  such  convention shall have been completed. Every delegate
    55  shall receive for his or her services the  same  compensation  as  shall
    56  then  be annually payable to the members of the [assembly] senate and be

        A. 4145                            18
 
     1  reimbursed for actual traveling expenses, while  the  convention  is  in
     2  session, to the extent that a member of the [assembly] senate would then
     3  be  entitled  thereto  in  the  case  of a session of the legislature. A
     4  majority of the convention shall constitute a quorum for the transaction
     5  of business, and no amendment to the constitution shall be submitted for
     6  approval  to  the electors as hereinafter provided, unless by the assent
     7  of a majority of all the delegates elected to the convention,  the  ayes
     8  and  noes  being entered on the journal to be kept. The convention shall
     9  have the power to appoint such officers, employees and assistants as  it
    10  may  deem  necessary,  and fix their compensation and to provide for the
    11  printing of its documents, journal, proceedings and  other  expenses  of
    12  said  convention.  The  convention  shall determine the rules of its own
    13  proceedings, choose its own officers, and be the judge of the  election,
    14  returns  and  qualifications  of  its  members. In case of a vacancy, by
    15  death, resignation or other cause, of any district delegate  elected  to
    16  the  convention, such vacancy shall be filled by a vote of the remaining
    17  delegates representing the district in which  such  vacancy  occurs.  If
    18  such  vacancy  occurs in the office of a delegate-at-large, such vacancy
    19  shall be filled by a  vote  of  the  remaining  delegates-at-large.  Any
    20  proposed  constitution or constitutional amendment which shall have been
    21  adopted by such convention, shall be submitted to a vote of the electors
    22  of the state at the time and in the manner provided by such  convention,
    23  at  an  election  which  shall be held not less than six weeks after the
    24  adjournment of such convention. Upon the approval of  such  constitution
    25  or constitutional amendments, in the manner provided in the last preced-
    26  ing  section,  such  constitution  or constitutional amendment, shall go
    27  into effect on the first day of January next after such approval.
    28    § 5. Resolved (if the Senate concur), That the foregoing amendments be
    29  referred to the first regular legislative session  convening  after  the
    30  next  succeeding general election of members of the legislature, and, in
    31  conformity with  section  1  of  article  19  of  the  constitution,  be
    32  published for 3 months previous to the time of such election.
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