A09284 Summary:

BILL NOA09284
 
SAME ASNo Same As
 
SPONSORJohns
 
COSPNSRBrabenec, Lupinacci, Corwin, Walter
 
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.
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A09284 Actions:

BILL NOA09284
 
02/11/2016referred to governmental operations
02/12/2016to attorney-general for opinion
03/09/2016opinion referred to judiciary
06/15/2016held for consideration in governmental operations
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A09284 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9284
 
                   IN ASSEMBLY
 
                                    February 11, 2016
                                       ___________
 
        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
    26  to  give  the  information  necessary therefor. The legislature, by law,
    27  shall provide for the making and tabulation by state authorities  of  an
    28  enumeration  of  the inhabitants of the entire state to be used for such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89107-02-5

        A. 9284                             2
 
     1  purposes, instead of a federal census, if the taking of a federal census
     2  in any tenth year from the year nineteen hundred thirty be omitted or if
     3  the federal census fails to show the number of  aliens  or  Indians  not
     4  taxed.  If  a federal census, though giving the requisite information as
     5  to the state at large, fails to give the information as to any civil  or
     6  territorial  divisions  which is required to be known for such purposes,
     7  the legislature, by law, shall provide for such an  enumeration  of  the
     8  inhabitants  of  such parts of the state only as may be necessary, which
     9  shall supersede in part the federal census and  be  used  in  connection
    10  therewith  for  such purposes.   The legislature, by law, may provide in
    11  its discretion for an enumeration by state authorities of  the  inhabit-
    12  ants  of  the state, to be used for such purposes, in place of a federal
    13  census, when the return of a decennial federal census is delayed so that
    14  it is not available at the beginning  of  the  regular  session  of  the
    15  legislature in the second year after the year nineteen hundred thirty or
    16  after  any  tenth  year therefrom, or if an apportionment of [members of
    17  assembly] senators and readjustment or alteration of [senate]  districts
    18  is  not made at or before such a session. At the regular session [in the
    19  year nineteen hundred thirty-two, and  at  the  first  regular  session]
    20  after  the  year  [nineteen  hundred  forty] two thousand twenty-one and
    21  after each tenth year therefrom the [senate] districts  shall  be  read-
    22  justed  or  altered[, but if, in any decade, counting from and including
    23  that which begins with the year  nineteen  hundred  thirty-one,  such  a
    24  readjustment  or alteration is not made at the time above prescribed, it
    25  shall be made at a subsequent session occurring not later than the sixth
    26  year of such decade, meaning not later than nineteen hundred thirty-six,
    27  nineteen hundred forty-six,  nineteen  hundred  fifty-six,  and  so  on;
    28  provided,  however, that if such districts shall have been readjusted or
    29  altered by law in either of the years nineteen hundred thirty  or  nine-
    30  teen  hundred  thirty-one,  they  shall remain unaltered until the first
    31  regular session after the year nineteen hundred forty].  No town, except
    32  a town having more than a full ratio of apportionment, and no block in a
    33  city inclosed by streets or public ways, shall be divided in the  forma-
    34  tion  of [senate] districts. In the reapportionment of senate districts,
    35  no district shall contain a greater excess in population over an adjoin-
    36  ing district in the same county, than the population of a town or  block
    37  therein  adjoining  such district. Counties, towns or blocks which, from
    38  their location, may be included in either of two districts, shall be  so
    39  placed as to make said districts most nearly equal in number of inhabit-
    40  ants, excluding aliens.
    41    [No  county  shall  have  four or more senators unless it shall have a
    42  full ratio for each senator. No county shall have more than one-third of
    43  all the senators; and no two counties or the territory  thereof  as  now
    44  organized,  which are adjoining counties, or which are separated only by
    45  public waters, shall have more than one-half of all the senators.]
    46    (b) The independent redistricting commission established  pursuant  to
    47  section [five-b] five of this article shall prepare a redistricting plan
    48  to  establish  senate[, assembly,] and congressional districts every ten
    49  years commencing in two thousand twenty-one, and  shall  submit  to  the
    50  legislature  such  plan  and the implementing legislation therefor on or
    51  before January first or as soon as practicable thereafter but  no  later
    52  than  January fifteenth in the year ending in two beginning in two thou-
    53  sand twenty-two.  The redistricting plans for  the  [assembly  and  the]
    54  senate  shall  be  contained  in  and voted upon by the legislature in a
    55  single bill, and the congressional district plan may be included in  the
    56  same  bill if the legislature chooses to do so.  The implementing legis-

        A. 9284                             3
 
     1  lation shall be voted upon, without amendment, by  the  senate  [or  the
     2  assembly]  and  if  approved  [by  the  first house voting upon it, such
     3  legislation shall be delivered to the  other  house  immediately  to  be
     4  voted  upon without amendment.  If approved by both houses], such legis-
     5  lation shall be presented to the governor for action.
     6    If [either house] the senate shall fail  to  approve  the  legislation
     7  implementing  the  first  redistricting plan, or the governor shall veto
     8  such legislation and the legislature shall fail to override  such  veto,
     9  [each  house]  the  senate or the governor if he or she vetoes it, shall
    10  notify the commission that such legislation has been disapproved.  With-
    11  in fifteen days of such notification and in no case later than  February
    12  twenty-eighth,  the redistricting commission shall prepare and submit to
    13  the legislature a second redistricting plan and the necessary implement-
    14  ing legislation for such plan.  Such legislation shall  be  voted  upon,
    15  without  amendment, by the senate [or the assembly] and, if approved [by
    16  the first house voting upon it, such legislation shall be  delivered  to
    17  the  other  house  immediately  to  be voted upon without amendment.  If
    18  approved by both houses], such legislation shall  be  presented  to  the
    19  governor for action.
    20    If  [either  house]  the  senate shall fail to approve the legislation
    21  implementing the second redistricting plan, or the governor  shall  veto
    22  such  legislation  and the legislature shall fail to override such veto,
    23  [each house] the senate shall introduce  such  implementing  legislation
    24  with  any amendments [each house of the legislature] it deems necessary.
    25  All such amendments shall comply with the provisions  of  this  article.
    26  If approved [by both houses], such legislation shall be presented to the
    27  governor for action.
    28    All votes by the senate [or assembly] on any redistricting plan legis-
    29  lation  pursuant  to  this article shall be conducted in accordance with
    30  the following [rules] rule:
    31    [(1) In the event that the speaker of the assembly and  the  temporary
    32  president  of the senate are members of two different political parties,
    33  approval] Approval of legislation submitted by  the  independent  redis-
    34  tricting commission pursuant to subdivision (f) of section [five-b] five
    35  of  this  article shall require the vote in support of its passage by at
    36  least a majority of the members elected [to each house.
    37    (2) In the event that the speaker of the assembly  and  the  temporary
    38  president  of the senate are members of two different political parties,
    39  approval of  legislation  submitted  by  the  independent  redistricting
    40  commission pursuant to subdivision (g) of section five-b of this article
    41  shall  require  the  vote  in  support  of its passage by at least sixty
    42  percent of the members elected to each house.
    43    (3) In the event that the speaker of the assembly  and  the  temporary
    44  president  of  the  senate  are  members  of  the  same political party,
    45  approval of  legislation  submitted  by  the  independent  redistricting
    46  commission  pursuant to subdivision (f) or (g) of section five-b of this
    47  article shall require the vote in support of its  passage  by  at  least
    48  two-thirds of the members elected to each house].
    49    (c)  Subject to the requirements of the federal constitution and stat-
    50  utes and in  compliance  with  state  constitutional  requirements,  the
    51  following  principles shall be used in the creation of state senate [and
    52  state assembly] districts and congressional districts:
    53    (1) When drawing district lines, the commission shall consider whether
    54  such lines would result in  the  denial  or  abridgement  of  racial  or
    55  language  minority  voting  rights,  and districts shall not be drawn to
    56  have the purpose of, nor shall they result in, the denial or abridgement

        A. 9284                             4
 
     1  of such rights. Districts shall be drawn so that, based on the  totality
     2  of  the  circumstances,  racial  or minority language groups do not have
     3  less opportunity to participate in  the  political  process  than  other
     4  members of the electorate and to elect representatives of their choice.
     5    (2)  To  the  extent practicable, districts shall contain as nearly as
     6  may be an equal number of inhabitants.  For each district that  deviates
     7  from  this  requirement,  the commission shall provide a specific public
     8  explanation as to why such deviation exists.
     9    (3) Each district shall consist of contiguous territory.
    10    (4) Each district shall be as compact in form as practicable.
    11    (5) Districts shall not be drawn to discourage competition or for  the
    12  purpose of favoring or disfavoring incumbents or other particular candi-
    13  dates  or  political  parties. The commission shall consider the mainte-
    14  nance of cores of existing districts, of pre-existing political subdivi-
    15  sions, including counties, cities, and  towns,  and  of  communities  of
    16  interest.
    17    (6)  In  drawing  senate  districts, towns or blocks which, from their
    18  location may be included in either of two districts, shall be so  placed
    19  as  to  make  said districts most nearly equal in number of inhabitants.
    20  The requirements that senate districts not divide counties or towns,  as
    21  well  as  the 'block-on-border' and 'town-on-border' rules, shall remain
    22  in effect.
    23    During the preparation of  the  redistricting  plan,  the  independent
    24  redistricting  commission shall conduct not less than one public hearing
    25  on proposals for the redistricting of congressional and  state  legisla-
    26  tive  districts  in  each  of the following (i) cities: Albany, Buffalo,
    27  Syracuse, Rochester, and White Plains; and (ii) counties: Bronx,  Kings,
    28  New  York,  Queens,  Richmond,  Nassau,  and Suffolk. Notice of all such
    29  hearings shall be widely published using the best  available  means  and
    30  media a reasonable time before every hearing. At least thirty days prior
    31  to  the  first  public  hearing and in any event no later than September
    32  fifteenth of the year ending in one or as soon as practicable  thereaft-
    33  er, the independent redistricting commission shall make widely available
    34  to  the  public,  in print form and using the best available technology,
    35  its draft redistricting plans, relevant data, and  related  information.
    36  Such  plans,  data,  and  information shall be in a form that allows and
    37  facilitates their use by the public to review, analyze, and comment upon
    38  such plans and to develop alternative redistricting plans for  presenta-
    39  tion  to  the  commission at the public hearings. The independent redis-
    40  tricting commission shall report the findings of all  such  hearings  to
    41  the legislature upon submission of a redistricting plan.
    42    (d)  The  ratio  for apportioning senators shall always be obtained by
    43  dividing the number of inhabitants, excluding aliens, by [fifty]  seven-
    44  ty-five, and the senate shall always be composed of [fifty] seventy-five
    45  members,  except that if any county having three or more senators at the
    46  time of any apportionment shall be entitled on such ratio  to  an  addi-
    47  tional senator or senators, such additional senator or senators shall be
    48  given  to  such county in addition to the [fifty] seventy-five senators,
    49  and the whole number of senators shall be increased to that extent.
    50    The senate districts, including the present ones,  as  existing  imme-
    51  diately before the enactment of a law readjusting or altering the senate
    52  districts,  shall continue to be the senate districts of the state until
    53  the expirations of the terms of the senators then in office, except  for
    54  the  purpose of an election of senators for full terms beginning at such
    55  expirations[, and for the formation of assembly districts].

        A. 9284                             5
 
     1    (e) The process for redistricting congressional and state  legislative
     2  districts  established  by this section and [sections] section five [and
     3  five-b] of this article shall govern redistricting in this state  except
     4  to  the  extent  that  a  court is required to order the adoption of, or
     5  changes to, a redistricting plan as a remedy for a violation of law.
     6    A  reapportionment plan and the districts contained in such plan shall
     7  be in force until the effective date of a plan based upon the subsequent
     8  federal decennial census taken in a year ending in zero unless  modified
     9  pursuant to court order.
    10    [§  5. The members of the assembly shall be chosen by single districts
    11  and shall be apportioned pursuant to this section and sections four  and
    12  five-b  of  this  article  at  each  regular session at which the senate
    13  districts are readjusted or altered, and by  the  same  law,  among  the
    14  several  counties  of  the  state,  as nearly as may be according to the
    15  number of their respective inhabitants, excluding aliens.  Every  county
    16  heretofore  established  and  separately organized, except the county of
    17  Hamilton, shall always be entitled to one member  of  assembly,  and  no
    18  county shall hereafter be erected unless its population shall entitle it
    19  to  a  member.  The  county  of  Hamilton shall elect with the county of
    20  Fulton, until the population of the county of Hamilton shall,  according
    21  to  the  ratio,  entitle it to a member. But the legislature may abolish
    22  the said county of Hamilton and annex  the  territory  thereof  to  some
    23  other county or counties.
    24    The  quotient  obtained by dividing the whole number of inhabitants of
    25  the state, excluding aliens, by the number of members of assembly, shall
    26  be the ratio for apportionment, which shall  be  made  as  follows:  One
    27  member  of  assembly  shall  be  apportioned  to every county, including
    28  Fulton and Hamilton as one county, containing less than  the  ratio  and
    29  one-half  over.  Two members shall be apportioned to every other county.
    30  The remaining members of assembly shall be apportioned to  the  counties
    31  having  more  than  two  ratios  according to the number of inhabitants,
    32  excluding aliens. Members apportioned on remainders shall be apportioned
    33  to the counties having the  highest  remainders  in  the  order  thereof
    34  respectively. No county shall have more members of assembly than a coun-
    35  ty having a greater number of inhabitants, excluding aliens.
    36    The  assembly districts, including the present ones, as existing imme-
    37  diately before the enactment of a law making an apportionment of members
    38  of assembly among the  counties,  shall  continue  to  be  the  assembly
    39  districts of the state until the expiration of the terms of members then
    40  in  office, except for the purpose of an election of members of assembly
    41  for full terms beginning at such expirations.
    42    In any county entitled to more than one member, the board of  supervi-
    43  sors,  and in any city embracing an entire county and having no board of
    44  supervisors, the common council, or if there be none, the body  exercis-
    45  ing  the powers of a common council, shall assemble at such times as the
    46  legislature making an apportionment shall  prescribe,  and  divide  such
    47  counties  into  assembly districts as nearly equal in number of inhabit-
    48  ants, excluding aliens, as may be, of convenient and contiguous territo-
    49  ry in as compact form as practicable, each  of  which  shall  be  wholly
    50  within  a  senate district formed under the same apportionment, equal to
    51  the number of members of assembly to which such county  shall  be  enti-
    52  tled,  and  shall  cause  to  be filed in the office of the secretary of
    53  state and of the clerk of such county, a description of such  districts,
    54  specifying  the  number of each district and of the inhabitants thereof,
    55  excluding aliens, according to the census or  enumeration  used  as  the
    56  population  basis  for  the formation of such districts; and such appor-

        A. 9284                             6

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

        A. 9284                             7
 
     1    (b) The members of the independent redistricting commission  shall  be
     2  registered  voters  in this state. No member shall within the last three
     3  years:
     4    (1)  be  or  have  been  a member of the New York state legislature or
     5  United States Congress or a statewide elected official;
     6    (2) be or have been a state officer or employee or legislative employ-
     7  ee as defined in section seventy-three of the public officers law;
     8    (3) be or have been a registered lobbyist in New York state;
     9    (4) be or have been a political party chairman, as  defined  in  para-
    10  graph  (k)  of  subdivision  one  of section seventy-three of the public
    11  officers law;
    12    (5) be the spouse of a statewide elected official or of any member  of
    13  the United States Congress, or of the state legislature.
    14    (c)  To  the extent practicable, the members of the independent redis-
    15  tricting commission shall reflect the diversity of the residents of this
    16  state with regard to race, ethnicity, gender, language,  and  geographic
    17  residence and to the extent practicable the appointing authorities shall
    18  consult  with  organizations  devoted to protecting the voting rights of
    19  minority and other voters concerning potential appointees to the commis-
    20  sion.
    21    (d) Vacancies in the membership of  the  commission  shall  be  filled
    22  within  thirty  days in the manner provided for in the original appoint-
    23  ments.
    24    (e) The legislature shall provide by law for the compensation  of  the
    25  members  of  the independent redistricting commission, including compen-
    26  sation for actual and necessary expenses incurred in the performance  of
    27  their duties.
    28    (f) A minimum of five members of the independent redistricting commis-
    29  sion  shall  constitute  a quorum for the transaction of any business or
    30  the exercise of any power of such commission prior to the appointment of
    31  the two commission members appointed pursuant to paragraph (5) of subdi-
    32  vision (a) of this section, and a minimum of seven members shall consti-
    33  tute a quorum after such members have been appointed, and no exercise of
    34  any power of the independent redistricting commission shall occur  with-
    35  out the affirmative vote of at least a majority of the members, provided
    36  that, in order to approve any redistricting plan and implementing legis-
    37  lation, the following [rules] rule shall apply:
    38    [(1)  In  the event that the speaker of the assembly and the temporary
    39  president of the  senate  are  members  of  the  same  political  party,
    40  approval]  Approval of a redistricting plan and implementing legislation
    41  by the commission for submission to the legislature  shall  require  the
    42  vote  in  support of its approval by at least seven members including at
    43  least one member appointed by each of the legislative leaders.
    44    [(2) In the event that the speaker of the assembly and  the  temporary
    45  president  of the senate are members of two different political parties,
    46  approval of a redistricting plan by the commission for submission to the
    47  legislature shall require the vote in support  of  its  approval  by  at
    48  least  seven  members  including  at  least  one member appointed by the
    49  speaker of the assembly and one member appointed by the temporary presi-
    50  dent of the senate.]
    51    (g) In the event that the commission is unable to obtain  seven  votes
    52  to  approve  a redistricting plan on or before January first in the year
    53  ending in two or as soon as practicable thereafter, the commission shall
    54  submit to the  legislature  that  redistricting  plan  and  implementing
    55  legislation  that garnered the highest number of votes in support of its
    56  approval by the commission with a record of the votes  taken.    In  the

        A. 9284                             8
 
     1  event  that  more  than  one  plan received the same number of votes for
     2  approval, and such number was higher than that for any other plan,  then
     3  the  commission  shall  submit  all  plans  that obtained such number of
     4  votes.    The legislature shall consider and vote upon such implementing
     5  legislation in accordance with the voting rules set forth in subdivision
     6  (b) of section four of this article.
     7    (h) (1) The independent redistricting  commission  shall  appoint  two
     8  co-executive  directors  by a majority vote of the commission in accord-
     9  ance with the following procedure:
    10    [(i) In the event that the speaker of the assembly and  the  temporary
    11  president  of the senate are members of two different political parties,
    12  the co-executive directors shall  be  approved  by  a  majority  of  the
    13  commission  that  includes  at least one appointee by the speaker of the
    14  assembly and at least one appointee by the temporary  president  of  the
    15  senate.
    16    (ii)  In  the event that the speaker of the assembly and the temporary
    17  president of the senate are members of the same  political  party,  the]
    18  The  co-executive  directors  shall  be  approved  by  a majority of the
    19  commission that includes at least one appointee by each of the  legisla-
    20  tive leaders.
    21    (2)  One  of the co-executive directors shall be enrolled in the poli-
    22  tical party with the highest number of enrolled members in the state and
    23  one shall be enrolled in the political party  with  the  second  highest
    24  number  of  enrolled  members  in  the state. The co-executive directors
    25  shall appoint such staff as are necessary to  perform  the  commission's
    26  duties, except that the commission shall review a staffing plan prepared
    27  and provided by the co-executive directors which shall contain a list of
    28  the various positions and the duties, qualifications, and salaries asso-
    29  ciated with each position.
    30    (3)  In the event that the commission is unable to appoint one or both
    31  of the co-executive directors within forty-five days of  the  establish-
    32  ment  of  a quorum of seven commissioners, the following procedure shall
    33  be followed:
    34    [(i) 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  within ten days the speaker's appointees on the commission shall appoint
    37  one co-executive director, and the temporary president's  appointees  on
    38  the commission shall appoint the other co-executive director. Also with-
    39  in ten days the minority leader of the assembly shall select a co-deputy
    40  executive  director,  and the minority leader of the senate shall select
    41  the other co-deputy executive director.
    42    (ii) In the event that the speaker of the assembly and  the  temporary
    43  president of the senate are members of the same political party, within]
    44  Within ten days the [speaker's and] temporary president's and the deputy
    45  majority  leader's  appointees  on the commission shall together appoint
    46  one co-executive director, and the two minority leaders'  appointees  on
    47  the commission shall together appoint the other co-executive director.
    48    (4)  In the event of a vacancy in the offices of co-executive director
    49  or co-deputy executive director, the position shall be filled within ten
    50  days of its occurrence by the same appointing authority  or  authorities
    51  that appointed his or her predecessor.
    52    (i)  The  state  budget shall include necessary appropriations for the
    53  expenses  of  the  independent  redistricting  commission,  provide  for
    54  compensation  and reimbursement of expenses for the members and staff of
    55  the commission, assign to the commission any additional duties that  the
    56  legislature  may  deem necessary to the performance of the duties stipu-

        A. 9284                             9
 
     1  lated in this article, and require other agencies and officials  of  the
     2  state  of New York and its political subdivisions to provide such infor-
     3  mation and assistance as the  commission  may  require  to  perform  its
     4  duties.
     5    §  6.  Each  member  of  the  legislature shall receive for his or her
     6  services a like annual salary, to be fixed by law. He or she shall  also
     7  be  reimbursed  for his or her actual traveling expenses in going to and
     8  returning from the place in which the legislature meets, not  more  than
     9  once  each week while the legislature is in session. [Senators, when the
    10  senate alone is convened in extraordinary session, or  when  serving  as
    11  members  of the court for the trial of impeachments, and such members of
    12  the assembly, not exceeding nine in number, as shall be appointed manag-
    13  ers of an impeachment, shall receive an additional per  diem  allowance,
    14  to  be fixed by law.] Any member, while serving as an officer of [his or
    15  her house] the senate or  in  any  other  special  capacity  therein  or
    16  directly connected therewith not hereinbefore in this section specified,
    17  may  also  be  paid and receive, in addition, any allowance which may be
    18  fixed by law for the particular and additional services appertaining  to
    19  or  entailed  by  such office or special capacity. Neither the salary of
    20  any member nor any other allowance so fixed may be increased  or  dimin-
    21  ished  during,  and  with respect to, the term for which he or she shall
    22  have been elected, nor shall he or she be  paid  or  receive  any  other
    23  extra  compensation.  The provisions of this section and laws enacted in
    24  compliance  therewith  shall  govern  and  be  exclusively  controlling,
    25  according  to their terms. Members shall continue to receive such salary
    26  and additional allowance  as  heretofore  fixed  and  provided  in  this
    27  section, until changed by law pursuant to this section.
    28    § 7. No person shall serve as a member of the legislature unless he or
    29  she  is  a  citizen  of the United States and has been a resident of the
    30  state of New York for five years, and, except as  hereinafter  otherwise
    31  prescribed,  of  the [assembly or senate] district for the twelve months
    32  immediately preceding his or her election[;  if  elected  a  senator  or
    33  member  of assembly at the first election next ensuing after a readjust-
    34  ment or alteration of the senate or assembly  districts  becomes  effec-
    35  tive,  a person, to be eligible to serve as such, must have been a resi-
    36  dent of the county in which the senate or assembly district is contained
    37  for the twelve months immediately preceding  his  or  her  election.  No
    38  member of the legislature shall, during the time for which he or she was
    39  elected,  receive  any civil appointment from the governor, the governor
    40  and the senate, the legislature or  from  any  city  government,  to  an
    41  office  which  shall  have been created, or the emoluments whereof shall
    42  have been increased during such time]. If a member of the legislature be
    43  elected to congress, or appointed to  any  office,  civil  or  military,
    44  under  the  government  of  the United States, the state of New York, or
    45  under any city government except as a member of the  national  guard  or
    46  naval  militia  of  the  state,  or  of the reserve forces of the United
    47  States, his or her acceptance thereof shall vacate his or  her  seat  in
    48  the  legislature,  providing,  however, that a member of the legislature
    49  may be appointed commissioner of deeds or to any office in which  he  or
    50  she shall receive no compensation.
    51    §  8. The elections of senators [and members of assembly], pursuant to
    52  the provisions of this  constitution,  shall  be  held  on  the  Tuesday
    53  succeeding  the  first  Monday of November, unless otherwise directed by
    54  the legislature.
    55    § 9. A majority of [each house] the senate shall constitute  a  quorum
    56  to  do  business.   [Each house] The senate shall determine the rules of

        A. 9284                            10
 
     1  its own proceedings, and be the judge  of  the  elections,  returns  and
     2  qualifications  of  its  own members; shall choose its own officers; and
     3  [the senate] shall choose a temporary president [and the assembly  shall
     4  choose a speaker].
     5    §  10. [Each house of the legislature] The senate shall keep a journal
     6  of its proceedings, and publish the  same,  except  such  parts  as  may
     7  require  secrecy.  The  doors  of  [each house] the senate shall be kept
     8  open, except when the public welfare  shall  require  secrecy.  [Neither
     9  house] The senate shall[, without the consent of the other,] not adjourn
    10  for more than two days.
    11    §  11. For any speech or debate in [either house of] the [legislature]
    12  senate, the members shall not be questioned in any other place.
    13    [§ 12. Any bill may originate in either house of the legislature,  and
    14  all bills passed by one house may be amended by the other.]
    15    §  [13] 12.   The enacting clause of all bills shall be "The People of
    16  the State of New York, represented in Senate [and Assembly], do enact as
    17  follows," and no law shall be enacted except by bill.
    18    § [14] 13.  No bill shall be passed or become a law  unless  it  shall
    19  have  been printed and upon the desks of the members, in its final form,
    20  at least three calendar legislative days prior  to  its  final  passage,
    21  unless the governor, or the acting governor, shall have certified, under
    22  his or her hand and the seal of the state, the facts which in his or her
    23  opinion  necessitate  an  immediate  vote thereon, in which case it must
    24  nevertheless be upon the desks of the members in final form, not  neces-
    25  sarily  printed,  before its final passage; nor shall any bill be passed
    26  or become a law, except by the assent  of  a  majority  of  the  members
    27  elected  to  [each branch of] the legislature; and upon the last reading
    28  of a bill, no amendment thereof shall be allowed, and the question  upon
    29  its  final  passage  shall be taken immediately thereafter, and the ayes
    30  and nays entered on the journal.
    31    For purposes of this section, a bill shall be deemed to be printed and
    32  upon the desks of the members if: it is set forth in a legible electron-
    33  ic format by electronic means, and it is available for  review  in  such
    34  format  at the desks of the members. For purposes of this section "elec-
    35  tronic means" means any method of transmission  of  information  between
    36  computers  or  other  machines  designed  for the purpose of sending and
    37  receiving  such  transmissions  and  which:  allows  the  recipient   to
    38  reproduce   the   information   transmitted  in  a  tangible  medium  of
    39  expression; and does not permit additions, deletions or other changes to
    40  be made without leaving an adequate record thereof.
    41    § [15] 14.   No private or local bill, which  may  be  passed  by  the
    42  legislature,  shall  embrace  more  than  one subject, and that shall be
    43  expressed in the title.
    44    § [16] 15.  No act shall be passed which shall provide that any exist-
    45  ing law, or any part thereof, shall be made or deemed  a  part  of  said
    46  act,  or which shall enact that any existing law, or part thereof, shall
    47  be applicable, except by inserting it in such act.
    48    § [17] 16. The legislature shall not pass a private or local  bill  in
    49  any of the following cases:
    50    Changing the names of persons.
    51    Laying  out,  opening, altering, working or discontinuing roads, high-
    52  ways or alleys, or for draining swamps or other low lands.  Locating  or
    53  changing county seats.
    54    Providing for changes of venue in civil or criminal cases.
    55    Incorporating villages.
    56    Providing for election of members of boards of supervisors.

        A. 9284                            11
 
     1    Selecting, drawing, summoning or empaneling grand or petit jurors.
     2    Regulating the rate of interest on money.
     3    The  opening  and  conducting  of  elections  or designating places of
     4  voting.
     5    Creating, increasing or decreasing fees, percentages or allowances  of
     6  public  officers, during the term for which said officers are elected or
     7  appointed.
     8    Granting to any corporation, association or individual  the  right  to
     9  lay down railroad tracks.
    10    Granting  to  any  private  corporation, association or individual any
    11  exclusive privilege, immunity or franchise whatever.
    12    Granting to any person, association, firm or corporation, an exemption
    13  from taxation on real or personal property.
    14    Providing for the building of bridges, except over the waters  forming
    15  a  part  of  the  boundaries  of the state, by other than a municipal or
    16  other public corporation or a public agency of the state.
    17    § [18] 17. The members of the legislature shall be empowered, upon the
    18  presentation to the temporary president of the senate [and  the  speaker
    19  of  the  assembly]  of  a petition signed by two-thirds of the [members]
    20  elected [to each house of the  legislature]  senators,  to  convene  the
    21  legislature  on extraordinary occasions to act upon the subjects enumer-
    22  ated in such petition.
    23    § [19] 18. The legislature shall neither audit nor allow  any  private
    24  claim  or  account  against  the state, but may appropriate money to pay
    25  such claims as shall have been audited and allowed according to law.
    26    No claim against the state shall be audited, allowed or paid which, as
    27  between citizens of the state, would be barred by lapse of time. But  if
    28  the  claimant shall be under legal disability the claim may be presented
    29  within two years after such disability is removed.
    30    § [20] 19. The assent of two-thirds of the members  elected  to  [each
    31  branch  of] the legislature shall be requisite to every bill appropriat-
    32  ing the public moneys or property for local or private purposes.
    33    § [21] 20. Sections [15, 16, and 17] 14, 15, and 16  of  this  article
    34  shall  not apply to any bill, or the amendments to any bill, which shall
    35  be recommended to the legislature by commissioners or any public  agency
    36  appointed  or  directed  pursuant  to  law to prepare revisions, consol-
    37  idations or compilations of statutes. But a bill  amending  an  existing
    38  law  shall  not  be excepted from the provisions of sections [15, 16 and
    39  17] 14, 15, and 16 of this  article  unless  such  amending  bill  shall
    40  itself be recommended to the legislature by such commissioners or public
    41  agency.
    42    §  [22]  21. Every law which imposes, continues or revives a tax shall
    43  distinctly state the tax and the object to which it is  to  be  applied,
    44  and it shall not be sufficient to refer to any other law to fix such tax
    45  or object.
    46    Notwithstanding the foregoing or any other provision of this constitu-
    47  tion, the legislature, in any law imposing a tax or taxes on, in respect
    48  to  or measured by income, may define the income on, in respect to or by
    49  which such tax or taxes are imposed or measured,  by  reference  to  any
    50  provision  of the laws of the United States as the same may be or become
    51  effective at any time or from time to time, and may prescribe exceptions
    52  or modifications to any such provision.
    53    § [23] 22. On the final passage[, in either house of the legislature,]
    54  of any act which imposes, continues or revives a tax, or creates a  debt
    55  or charge, or makes, continues or revives any appropriation of public or
    56  trust  money  or property, or releases, discharges or commutes any claim

        A. 9284                            12
 
     1  or demand of the state, the question shall be taken by  yeas  and  nays,
     2  which  shall  be duly entered upon the journals, and three-fifths of all
     3  the members elected to [either house] the  senate  shall,  in  all  such
     4  cases, be necessary to constitute a quorum therein.
     5    §  [24]  23. The legislature shall, by law, provide for the occupation
     6  and employment of prisoners sentenced  to  the  several  state  prisons,
     7  penitentiaries,  jails  and reformatories in the state; and no person in
     8  any such prison, penitentiary, jail or reformatory, shall be required or
     9  allowed to work, while under sentence thereto, at any trade, industry or
    10  occupation, wherein or whereby his or her work, or the product or profit
    11  of his or her work, shall be farmed out, contracted, given  or  sold  to
    12  any person, firm, association or corporation, provided that the legisla-
    13  ture may provide by law that such prisoners may voluntarily perform work
    14  for  nonprofit organizations. As used in this section, the term "nonpro-
    15  fit organization" means an organization operated exclusively  for  reli-
    16  gious,  charitable, or educational purposes, no part of the net earnings
    17  of which inures to the benefit of any private shareholder or individual.
    18  This section shall not be construed  to  prevent  the  legislature  from
    19  providing  that  convicts  may  work for, and that the products of their
    20  labor may be disposed of to, the state or any political division  there-
    21  of,  or for or to any public institution owned or managed and controlled
    22  by the state, or any political division thereof.
    23    § [25] 24. Notwithstanding any other provision of  this  constitution,
    24  the  legislature,  in  order  to  insure  continuity  of state and local
    25  governmental operations in periods of emergency caused by  enemy  attack
    26  or  by  disasters  (natural  or otherwise), shall have the power and the
    27  immediate duty (1) to provide for prompt and temporary succession to the
    28  powers and duties of public offices,  of  whatever  nature  and  whether
    29  filled  by  election  or appointment, the incumbents of which may become
    30  unavailable for carrying on the powers and duties of such  offices,  and
    31  (2)  to  adopt  such  other  measures as may be necessary and proper for
    32  insuring the continuity of governmental operations.
    33    Nothing in this article shall be construed to limit  in  any  way  the
    34  power of the state to deal with emergencies arising from any cause.
    35    §  2.  Resolved  (if  the Senate concur), That sections 3, 6, and 7 of
    36  article 4 of the constitution be amended to read as follows:
    37    § 3. The governor shall be  commander-in-chief  of  the  military  and
    38  naval  forces of the state. The governor shall have power to convene the
    39  legislature[, or  the  senate  only,]  on  extraordinary  occasions.  At
    40  extraordinary  sessions  convened  pursuant  to  the  provisions of this
    41  section no subject shall be acted upon, except such as the governor  may
    42  recommend  for  consideration. The governor shall communicate by message
    43  to the legislature at every session the  condition  of  the  state,  and
    44  recommend  such  matters  to  it as he or she shall judge expedient. The
    45  governor shall expedite all such measures as may be resolved upon by the
    46  legislature, and shall take care that the laws are faithfully  executed.
    47  The  governor  shall receive for his or her services an annual salary to
    48  be fixed by [joint] resolution of the senate [and assembly],  and  there
    49  shall  be provided for his or her use a suitable and furnished executive
    50  residence.
    51    § 6. The lieutenant-governor shall possess the same qualifications  of
    52  eligibility  for  office as the governor. [The lieutenant-governor shall
    53  be the president of the senate but shall have only a casting vote there-
    54  in.] The lieutenant-governor shall receive for his or  her  services  an
    55  annual  salary  to  be  fixed  by  [joint] resolution of the senate [and
    56  assembly].

        A. 9284                            13

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

        A. 9284                            14
 
     1  relation to bills not approved by the governor, shall apply in cases  in
     2  which he or she shall withhold approval from any item or items contained
     3  in a bill appropriating money.
     4    §  3. Resolved (if the Senate concur), That subdivision d of section 2
     5  and sections 22 and 24 of article 6 of the constitution  be  amended  to
     6  read as follows:
     7    d.  (1)  The commission on judicial nomination shall consist of twelve
     8  members of whom four shall be appointed by the  governor,  four  by  the
     9  chief judge of the court of appeals, and [one each] four by the [speaker
    10  of  the  assembly,] the temporary president of the senate[, the minority
    11  leader of the senate, and the minority leader of the assembly].  Of  the
    12  four  members  appointed  by  the  governor,  no  more than two shall be
    13  enrolled in the same political party, two shall be members of the bar of
    14  the state, and two shall not be members of the bar of the state. Of  the
    15  four  members  appointed  by the chief judge of the court of appeals, no
    16  more than two shall be enrolled in the same political party,  two  shall
    17  be  members of the bar of the state, and two shall not be members of the
    18  bar of the state. No member of the commission shall hold  or  have  held
    19  any  judicial  office  or hold any elected public office for which he or
    20  she receives compensation during his or her period  of  service,  except
    21  that  the governor and the chief judge may each appoint no more than one
    22  former judge or justice of the unified court system to such  commission.
    23  No  member  of  the  commission  shall  hold any office in any political
    24  party.  No member of the judicial nominating commission shall be  eligi-
    25  ble  for appointment to judicial office in any court of the state during
    26  the member's period of service or within one year thereafter.
    27    (2) The members first appointed by the governor shall have respective-
    28  ly one, two, three and four year terms as the governor shall  designate.
    29  The  members  first appointed by the chief judge of the court of appeals
    30  shall have respectively one, two, three and four year terms as the chief
    31  judge shall designate. The  [member]  members  first  appointed  by  the
    32  temporary  president  of  the  senate  shall have a [one-year] four-year
    33  term. [The member first appointed by the minority leader of  the  senate
    34  shall have a two-year term. The member first appointed by the speaker of
    35  the  assembly shall have a four-year term. The member first appointed by
    36  the minority leader of the assembly shall have a three-year  term.  Each
    37  subsequent appointment shall be for a term of four years.]
    38    (3)  The  commission  shall  designate one of their number to serve as
    39  chairperson.
    40    (4) The commission shall consider the qualifications of candidates for
    41  appointment to the offices of judge and chief  judge  of  the  court  of
    42  appeals and, whenever a vacancy in those offices occurs, shall prepare a
    43  written report and recommend to the governor persons who are well quali-
    44  fied for those judicial offices.
    45    §  22. a. There shall be a commission on judicial conduct. The commis-
    46  sion on judicial conduct shall receive, initiate, investigate  and  hear
    47  complaints  with  respect  to  the  conduct,  qualifications, fitness to
    48  perform or performance of official duties of any judge or justice of the
    49  unified court system, in the manner provided by law; and, in  accordance
    50  with  subdivision  d  of  this  section,  may  determine that a judge or
    51  justice be admonished,  censured  or  removed  from  office  for  cause,
    52  including,  but not limited to, misconduct in office, persistent failure
    53  to perform his or her duties, habitual intemperance, and conduct, on  or
    54  off  the  bench, prejudicial to the administration of justice, or that a
    55  judge or justice be retired for mental or physical disability preventing
    56  the proper performance of his or her  judicial  duties.  The  commission

        A. 9284                            15
 
     1  shall  transmit  [an]  any  such determination to the chief judge of the
     2  court of appeals who shall cause written notice of such determination to
     3  be given to the judge or justice involved. Such  judge  or  justice  may
     4  either  accept the commission's determination or make written request to
     5  the chief judge, within thirty days after receipt of such notice, for  a
     6  review of such determination by the court of appeals.
     7    b.  (1)  The  commission  on  judicial conduct shall consist of eleven
     8  members, of whom four shall be appointed by the governor, [one] four  by
     9  the  temporary  president  of the senate[, one by the minority leader of
    10  the senate, one by the speaker of the  assembly,  one  by  the  minority
    11  leader  of  the  assembly]  and three by the chief judge of the court of
    12  appeals. Of the members appointed by the governor one person shall be  a
    13  member of the bar of the state but not a judge or justice, two shall not
    14  be  members of the bar, justices or judges or retired justices or judges
    15  of the unified court system, and one shall be a judge or justice of  the
    16  unified  court  system.  Of the members appointed by the chief judge one
    17  person shall be a justice of the appellate division of the supreme court
    18  and two shall be judges or justices of a court or courts other than  the
    19  court  of  appeals  or  appellate  divisions.  None of the persons to be
    20  appointed by the [legislative leaders] temporary president of the senate
    21  shall be justices or judges or retired justices or judges.
    22    (2) The persons first appointed by the governor shall have respective-
    23  ly one, two, three, and four-year terms as the governor shall designate.
    24  The persons first appointed by the chief judge of the court  of  appeals
    25  shall  have respectively two, three, and four-year terms as the governor
    26  shall designate. The [person] persons first appointed by  the  temporary
    27  president  of  the  senate shall have [a one-year term. The person first
    28  appointed by the minority leader of the senate  shall  have  a  two-year
    29  term.  The  person  first appointed by the speaker of the assembly shall
    30  have a four-year term. The person first appointed by the minority leader
    31  of the assembly shall have a three-year  term]  respectively  one,  two,
    32  three  and four-year terms as he or she shall designate.  Each member of
    33  the commission shall be appointed thereafter for a term of  four  years.
    34  Commission membership of a judge or justice appointed by the governor or
    35  the  chief judge shall terminate if such member ceases to hold the judi-
    36  cial position which qualified him or her for such  appointment.  Member-
    37  ship  shall  also  terminate  if a member attains a position which would
    38  have rendered him or her ineligible  for  appointment  at  the  time  of
    39  appointment. A vacancy shall be filled by the appointing officer for the
    40  remainder of the term.
    41    c.  The  organization  and  procedure  of  the  commission on judicial
    42  conduct shall be as provided by law. The commission on judicial  conduct
    43  may  establish  its  own rules and procedures not inconsistent with law.
    44  Unless the legislature shall provide otherwise, the commission shall  be
    45  empowered  to  designate  one  of  its  members or any other person as a
    46  referee to hear and report concerning any matter before the commission.
    47    d. In reviewing a determination of the commission on judicial conduct,
    48  the court of appeals may admonish, censure, remove or  retire,  for  the
    49  reasons  set  forth  in  subdivision a of this section, any judge of the
    50  unified court system. In reviewing a determination of the commission  on
    51  judicial  conduct,  the  court  of appeals shall review the commission's
    52  findings of fact and conclusions of law on the record of the proceedings
    53  upon which the  commission's  determination  was  based.  The  court  of
    54  appeals  may  impose  a  less or more severe sanction prescribed by this
    55  section than the one determined by the commission, or  impose  no  sanc-
    56  tion.

        A. 9284                            16
 
     1    e. The court of appeals may suspend a judge or justice from exercising
     2  the  powers  of his or her office while there is pending a determination
     3  by the commission on judicial conduct for his or her removal or  retire-
     4  ment,  or  while  the  judge  or justice is charged in this state with a
     5  felony  by an indictment or an information filed pursuant to section six
     6  of article one. The suspension shall continue upon  conviction  and,  if
     7  the conviction becomes final, the judge or justice shall be removed from
     8  office.  The  suspension  shall  be  terminated  upon  reversal  of  the
     9  conviction and dismissal of the accusatory instrument. Nothing  in  this
    10  subdivision shall prevent the commission on judicial conduct from deter-
    11  mining  that  a  judge  or  justice be admonished, censured, removed, or
    12  retired pursuant to subdivision a of this section.
    13    f. Upon the recommendation of the commission on judicial conduct or on
    14  its own motion, the court of appeals may suspend a judge or justice from
    15  office when he or she is charged with a crime  punishable  as  a  felony
    16  under  the  laws  of this state, or any other crime which involves moral
    17  turpitude. The suspension shall continue upon  conviction  and,  if  the
    18  conviction  becomes  final,  the  judge or justice shall be removed from
    19  office.  The  suspension  shall  be  terminated  upon  reversal  of  the
    20  conviction  and  dismissal of the accusatory instrument. Nothing in this
    21  subdivision shall prevent the commission on judicial conduct from deter-
    22  mining that a judge or justice  be  admonished,  censured,  removed,  or
    23  retired pursuant to subdivision a of this section.
    24    g.  A  judge  or  justice who is suspended from office by the court of
    25  appeals shall receive his or her judicial salary during such  period  of
    26  suspension,  unless  the  court  directs  otherwise. If the court has so
    27  directed and such suspension is thereafter  terminated,  the  court  may
    28  direct  that  the  judge  or justice shall be paid his or her salary for
    29  such period of suspension.
    30    h. A judge or justice retired by the court of appeals shall be consid-
    31  ered to have retired voluntarily. A judge  or  justice  removed  by  the
    32  court of appeals shall be ineligible to hold other judicial office.
    33    i.  Notwithstanding  any other provision of this section, the legisla-
    34  ture may provide by law for review of determinations of  the  commission
    35  on  judicial conduct with respect to justices of town and village courts
    36  by an appellate division of the supreme court. In such event, all refer-
    37  ences in this section to the court of appeals and the chief judge there-
    38  of shall be deemed references to an appellate division and the presiding
    39  justice thereof, respectively.
    40    j. If a court on the judiciary shall have  been  convened  before  the
    41  effective date of this section and the proceeding shall not be concluded
    42  by that date, the court on the judiciary shall have continuing jurisdic-
    43  tion  beyond the effective date of this section to conclude the proceed-
    44  ing. All matters  pending  before  the  former  commission  on  judicial
    45  conduct  on  the  effective date of this section shall be disposed of in
    46  such manner as shall be provided by law.
    47    § 24. The [assembly] senate shall have the power of impeachment  by  a
    48  vote  of  a  majority of all the members elected thereto. [The court for
    49  the trial of impeachments shall be composed  of  the  president  of  the
    50  senate,  the  senators, or the major part of them, and the judges of the
    51  court of appeals, or the major part of them. On the trial of an impeach-
    52  ment against the governor or lieutenant-governor, neither  the  lieuten-
    53  ant-governor  nor  the  temporary president of the senate shall act as a
    54  member of the court.] No judicial officer  shall  exercise  his  or  her
    55  office  after articles of impeachment against him or her shall have been
    56  preferred to the senate, until he or  she  shall  have  been  acquitted.

        A. 9284                            17
 
     1  Before  the trial of an impeachment, the members of the court shall take
     2  an oath or affirmation truly and  impartially  to  try  the  impeachment
     3  according  to the evidence, and no person shall be convicted without the
     4  concurrence  of  two-thirds of the members present. Judgment in cases of
     5  impeachment shall not extend further than to  removal  from  office,  or
     6  removal  from  office  and disqualification to hold and enjoy any public
     7  office of honor, trust, or  profit  under  this  state;  but  the  party
     8  impeached shall be liable to indictment and punishment according to law.
     9    § 4. Resolved (if the Senate concur), That sections 1 and 2 of article
    10  19 of the constitution be amended to read as follows:
    11    Section  1.  Any  amendment  or amendments to this constitution may be
    12  proposed in the senate [and assembly] whereupon such amendment or amend-
    13  ments shall be referred to the attorney-general whose duty it  shall  be
    14  within  twenty  days  thereafter  to render an opinion in writing to the
    15  senate [and assembly] as to the effect of such amendment  or  amendments
    16  upon  other provisions of the constitution. Upon receiving such opinion,
    17  if the amendment or amendments as proposed or as amended shall be agreed
    18  to by a majority of the members elected [to each  of  the  two  houses],
    19  such  proposed  amendment or amendments shall be entered on [their jour-
    20  nals] its journal, and the ayes and noes taken thereon, and referred  to
    21  the  next  regular  legislative  session  convening after the succeeding
    22  general election of members of  the  [assembly]  senate,  and  shall  be
    23  published  for  three months previous to the time of making such choice;
    24  and if in such legislative session, such proposed  amendment  or  amend-
    25  ments  shall  be  agreed to by a majority of all the members elected [to
    26  each house], then it shall be the duty of the legislature to submit each
    27  proposed amendment or amendments to the  people  for  approval  in  such
    28  manner  and at such times as the legislature shall prescribe; and if the
    29  people shall approve and ratify such amendment or amendments by a major-
    30  ity of the electors voting thereon, such amendment or  amendments  shall
    31  become a part of the constitution on the first day of January next after
    32  such approval.  Neither the failure of the attorney-general to render an
    33  opinion  concerning  such a proposed amendment nor his or her failure to
    34  do so timely shall affect [th] the validity of such  proposed  amendment
    35  or legislative action thereon.
    36    §  2.  At the general election to be held in the year nineteen hundred
    37  fifty-seven, and every twentieth year thereafter, and also at such times
    38  as the legislature may by law provide, the question "Shall  there  be  a
    39  convention  to  revise  the  constitution  and amend the same?" shall be
    40  submitted to and decided by the electors of the state;  and  in  case  a
    41  majority  of  the  electors  voting  thereon  shall decide in favor of a
    42  convention for such purpose, the electors of every  senate  district  of
    43  the  state,  as  then organized, shall elect three delegates at the next
    44  ensuing general election, and the electors of the state  voting  at  the
    45  same  election  shall elect fifteen delegates-at-large. The delegates so
    46  elected shall convene at the capitol on the first Tuesday of April  next
    47  ensuing after their election, and shall continue their session until the
    48  business  of  such  convention shall have been completed. Every delegate
    49  shall receive for his or her services the  same  compensation  as  shall
    50  then  be annually payable to the members of the [assembly] senate and be
    51  reimbursed for actual traveling expenses, while  the  convention  is  in
    52  session, to the extent that a member of the [assembly] senate would then
    53  be  entitled  thereto  in  the  case  of a session of the legislature. A
    54  majority of the convention shall constitute a quorum for the transaction
    55  of business, and no amendment to the constitution shall be submitted for
    56  approval to the electors as hereinafter provided, unless by  the  assent

        A. 9284                            18
 
     1  of  a  majority of all the delegates elected to the convention, the ayes
     2  and noes being entered on the journal to be kept. The  convention  shall
     3  have  the power to appoint such officers, employees and assistants as it
     4  may  deem  necessary,  and fix their compensation and to provide for the
     5  printing of its documents, journal, proceedings and  other  expenses  of
     6  said  convention.  The  convention  shall determine the rules of its own
     7  proceedings, choose its own officers, and be the judge of the  election,
     8  returns  and  qualifications  of  its  members. In case of a vacancy, by
     9  death, resignation or other cause, of any district delegate  elected  to
    10  the  convention, such vacancy shall be filled by a vote of the remaining
    11  delegates representing the district in which  such  vacancy  occurs.  If
    12  such  vacancy  occurs in the office of a delegate-at-large, such vacancy
    13  shall be filled by a  vote  of  the  remaining  delegates-at-large.  Any
    14  proposed  constitution or constitutional amendment which shall have been
    15  adopted by such convention, shall be submitted to a vote of the electors
    16  of the state at the time and in the manner provided by such  convention,
    17  at  an  election  which  shall be held not less than six weeks after the
    18  adjournment of such convention. Upon the approval of  such  constitution
    19  or constitutional amendments, in the manner provided in the last preced-
    20  ing  section,  such  constitution  or constitutional amendment, shall go
    21  into effect on the first day of January next after such approval.
    22    § 5. Resolved (if the Senate concur), That the foregoing amendments be
    23  referred to the first regular legislative session  convening  after  the
    24  next  succeeding general election of members of the legislature, and, in
    25  conformity with  section  1  of  article  19  of  the  constitution,  be
    26  published for 3 months previous to the time of such election.
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