Bill Text: NY A10858 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to the apportionment of senate and assembly districts in the state; requires the population equality of such districts to be within one percent standard deviation.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2010-06-24 - held for consideration in governmental operations [A10858 Detail]
Download: New_York-2009-A10858-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10858 I N A S S E M B L Y April 26, 2010 ___________ Introduced by M. of A. ESPAILLAT -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state law, in relation to apportionment of senate and assembly districts in the state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision b of section 127 of the state law, as added by 2 chapter 35 of the laws of 2002, is amended to read as follows: 3 b. It is intended that this article and the districts described herein 4 completely encompass all the area within the state. It is also intended 5 that such districts apportioned on the basis of THE FEDERAL CENSUS TAKEN 6 IN THE YEAR two thousand [population] TEN AND EACH FEDERAL CENSUS TAKEN 7 DECENNIALLY THEREAFTER, contain all the inhabitants in this state. It is 8 further intended that [the apportionment and districting provided for in 9 this article result in the creation of districts which are substantially 10 equal in population. It is also intended that] no district shall 11 include any of the area included within the description of any other 12 district. DISTRICTS DESCRIBED WITHIN THIS ARTICLE SHALL BE IN ACCORD- 13 ANCE WITH SECTION TWO OF ARTICLE ONE OF THE UNITED STATES CONSTITUTION, 14 SECTIONS FOUR AND FIVE OF ARTICLE THREE OF THE STATE CONSTITUTION AND IN 15 A MANNER THAT ENSURES THE FAIR AND EFFECTIVE REPRESENTATION FOR ALL 16 RESIDENTS OF THE STATE, INCLUDING RACIAL, ETHNIC AND LANGUAGE MINORITY 17 GROUPS, AND ADHERE TO ALL STANDARDS AND PRACTICES SET FORTH IN THE 18 FEDERAL VOTING RIGHTS ACT (42 U.S.C. SS1971 ET. SEQ.) AND OTHER RELEVANT 19 FEDERAL REGULATIONS. THE STATE LEGISLATIVE DISTRICTS SHALL: 20 (1) BE DRAWN TO KEEP INTACT WITHIN A SINGLE DISTRICT THOSE NEIGHBOR- 21 HOODS AND COMMUNITIES WITH ESTABLISHED TIES OF COMMON INTEREST AND ASSO- 22 CIATION, WHETHER HISTORICAL, RACIAL, ECONOMIC, ETHNIC, RELIGIOUS OR 23 OTHER; 24 (2) BE OF SUBSTANTIAL EQUALITY OF POPULATION WITH OTHER CONGRESSIONAL, 25 SENATE AND ASSEMBLY DISTRICTS, PROVIDED THAT, FOR SENATE AND ASSEMBLY 26 DISTRICTS, NO SUCH DEVIATION SHALL EXCEED ONE PERCENT OF THE AVERAGE 27 POPULATION OF ALL SENATE OR ASSEMBLY DISTRICTS; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16725-02-0 A. 10858 2 1 (3) BE COMPOSED OF COMPACT AND CONTIGUOUS TERRITORY, PROVIDED THAT 2 LAND AREAS SEPARATED BY A WATERWAY SHALL NOT BE INCLUDED WITHIN THE SAME 3 DISTRICT UNLESS SUCH WATERWAY IS TRAVERSED BY A HIGHWAY BRIDGE OR TUNNEL 4 WHICH BEGINS AND TERMINATES WITHIN THE SAME SUCH DISTRICT, EXCEPT THAT, 5 POPULATION PERMITTING, ISLANDS NOT CONNECTED TO THE MAINLAND OR ANOTHER 6 ISLAND BY A HIGHWAY BRIDGE OR TUNNEL SHALL BE IN THE SAME DISTRICT AS 7 THE NEAREST LAND AREA WITHIN THE SAME POLITICAL SUBDIVISION; 8 (4) BE DRAWN SUCH THAT THE NUMBER OF COUNTIES WHOSE TERRITORY IS 9 DIVIDED AMONG MORE THAN ONE DISTRICT SHALL BE AS SMALL AS POSSIBLE AND, 10 WITHIN COUNTIES SO DIVIDED, THE NUMBER OF TOWNS AND CITIES DIVIDED AMONG 11 MORE THAN ONE DISTRICT SHALL BE AS SMALL AS POSSIBLE; 12 (5) NOT BE DRAWN WITH AN INTENT TO FAVOR OR OPPOSE ANY POLITICAL 13 PARTY, ANY INCUMBENT FEDERAL OR STATE LEGISLATOR, OR ANY PREVIOUS OR 14 PRESUMED CANDIDATE FOR OFFICE; 15 (6) TO THE EXTENT PRACTICABLE, COINCIDE WITH CITY, TOWN AND COUNTY 16 BOUNDARIES; 17 (7) TO THE EXTENT PRACTICABLE, EACH ASSEMBLY DISTRICT SHALL BE ENTIRE- 18 LY WITHIN A SINGLE SENATE DISTRICT, AND TO THE EXTENT CONSISTENT WITH 19 THE PROVISIONS OF PARAGRAPH FOUR OF THIS SUBDIVISION, NO ASSEMBLY 20 DISTRICT SHALL BE WITHIN MORE THAN TWO SENATE DISTRICTS; AND 21 (8) TO THE EXTENT CONSISTENT WITH THE PROVISIONS OF PARAGRAPH FOUR OF 22 THIS SUBDIVISION, NO SENATE DISTRICT SHALL INCLUDE MORE THAN THREE 23 ASSEMBLY DISTRICTS. 24 S 2. This act shall take effect immediately.