S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3788
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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
 
   Section 1. Resolved (if the Senate concur), That section 7 of  article
 3 of the constitution be amended to read as follows:
   §  7.  No person shall serve as a member of the legislature unless [he
 or she] SUCH PERSON is a citizen of the United States  and  has  been  a
 resident of the state of New York for five years, and, except as herein-
 after  otherwise  prescribed, of the assembly or senate district for the
 twelve months immediately preceding [his  or  her]  THEIR  election;  if
 elected a senator or member of assembly at the first election next ensu-
 ing  after  a  readjustment  or  alteration  of  the  senate or assembly
 districts becomes effective, a person, to be eligible to serve as  such,
 must  have been a resident of the county in which the senate or assembly
 district is contained for the twelve months immediately  preceding  [his
 or  her]  THEIR election. No member of the legislature shall, during the
 time for which [he or she] SUCH MEMBER was elected,  receive  any  civil
 appointment from the governor, the governor and the senate, the legisla-
 ture  or  from  any  city government, to an office which shall have been
 created, or the emoluments whereof shall have been increased during such
 time. If a  member  of  the  legislature  be  elected  to  congress,  or
 appointed  to any office, civil or military, under the government of the
 United States, the state of New  York,  or  under  any  city  government
 except  as a member of the national guard or naval militia of the state,
 or of the reserve forces of  the  United  States,  [his  or  her]  THEIR
 acceptance  thereof shall vacate [his or her] THEIR seat in the legisla-
 ture, providing, however, that  a  member  of  the  legislature  may  be
 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
 
 SUCH MEMBER shall receive no compensation. IF A MEMBER OF  THE  LEGISLA-
 TURE  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.
   § 2. Resolved (if the Senate concur), That the foregoing amendments be
 referred  to  the  first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for 3 months previous to the time of such election.