Bill Text: NY A03788 | 2025-2026 | General Assembly | Introduced

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Bill Title: Requires that if a member of the legislature shall move their residence out of the senate or assembly district they were elected to serve during the time for which such member was elected they shall immediately vacate their seat in the legislature.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced) 2025-01-31 - to attorney-general for opinion [A03788 Detail]

Download: New_York-2025-A03788-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3788

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 30, 2025
                                       ___________

        Introduced  by  M.  of A. DINOWITZ, RIVERA, TAPIA, SEAWRIGHT, DeSTEFANO,
          MORINELLO -- read once and referred to the Committee  on  Governmental
          Operations

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing an amendment to section 7 of article 3 of the constitution, in
          relation  to resignation of members of the legislature who move out of
          their district during their term

     1    Section 1. Resolved (if the Senate concur), That section 7 of  article
     2  3 of the constitution be amended to read as follows:
     3    §  7.  No person shall serve as a member of the legislature unless [he
     4  or she] such person is a citizen of the United States  and  has  been  a
     5  resident of the state of New York for five years, and, except as herein-
     6  after  otherwise  prescribed, of the assembly or senate district for the
     7  twelve months immediately preceding [his  or  her]  their  election;  if
     8  elected a senator or member of assembly at the first election next ensu-
     9  ing  after  a  readjustment  or  alteration  of  the  senate or assembly
    10  districts becomes effective, a person, to be eligible to serve as  such,
    11  must  have been a resident of the county in which the senate or assembly
    12  district is contained for the twelve months immediately  preceding  [his
    13  or  her]  their election. No member of the legislature shall, during the
    14  time for which [he or she] such member was elected,  receive  any  civil
    15  appointment from the governor, the governor and the senate, the legisla-
    16  ture  or  from  any  city government, to an office which shall have been
    17  created, or the emoluments whereof shall have been increased during such
    18  time. If a  member  of  the  legislature  be  elected  to  congress,  or
    19  appointed  to any office, civil or military, under the government of the
    20  United States, the state of New  York,  or  under  any  city  government
    21  except  as a member of the national guard or naval militia of the state,
    22  or of the reserve forces of  the  United  States,  [his  or  her]  their
    23  acceptance  thereof shall vacate [his or her] their seat in the legisla-
    24  ture, providing, however, that  a  member  of  the  legislature  may  be
    25  appointed  commissioner  of  deeds or to any office in which [he or she]

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89081-01-5
        A. 3788                             2

     1  such member shall receive no compensation. If a member of  the  legisla-
     2  ture  shall  move their residence out of the senate or assembly district
     3  they were elected to serve during the time for  which  such  member  was
     4  elected they shall immediately vacate their seat in the legislature.
     5    § 2. Resolved (if the Senate concur), That the foregoing amendments be
     6  referred  to  the  first regular legislative session convening after the
     7  next succeeding general election of members of  the  assembly,  and,  in
     8  conformity  with  section  1  of  article  19  of  the  constitution, be
     9  published for 3 months previous to the time of such election.