Bill Text: NY S03254 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes a legislative advisory commission on redistricting and demographic research to draw senate, assembly and congressional districts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - PRINT NUMBER 3254A [S03254 Detail]
Download: New_York-2011-S03254-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3254
2011-2012 Regular Sessions
I N S E N A T E
February 14, 2011
___________
Introduced by Sen. DILAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the legislative law, in relation to establishing the
legislative advisory commission on redistricting and demographic
research
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 83-m of the legislative law, as added by chapter
2 141 of the laws of 1994, subdivision 13 as added by section 2 of part XX
3 of chapter 57 of the laws of 2010, is amended to read as follows:
4 S 83-m. Legislative [task force on demographic research and reappor-
5 tionment] ADVISORY COMMISSION ON REDISTRICTING AND DEMOGRAPHIC RESEARCH.
6 1. The legislature hereby finds and declares that: (a) there is a need
7 for intensive and thorough legislative study, research and inquiry into
8 the techniques and methodology to be used by the bureau of the census of
9 the United States commerce department in carrying out the decennial
10 federal census; (b) a technical plan will be needed to meet the require-
11 ments of a legislative timetable for a [reapportionment] REDISTRICTING
12 of the senate and assembly districts and the congressional districts of
13 the state based on such census; and (c) the [task force] COMMISSION
14 herein continued is necessary to assist the legislature in the perform-
15 ance of its responsibilities and in the conduct of legislative research
16 projects relating thereto.
17 [2. The legislative task force on demographic research and reappor-
18 tionment is hereby continued, consisting of six members of whom two
19 shall be appointed by the temporary president of the senate, two by the
20 speaker of the assembly and one each by the minority leader of the
21 senate and the minority leader of the assembly. The appointments shall
22 be of members of the respective houses of the legislature, except that
23 one member appointed by the temporary president of the senate and one
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08779-01-1
S. 3254 2
1 member appointed by the speaker of the assembly shall not be members of
2 the legislature. A member of the senate appointed to the task force by
3 the temporary president of the senate and a member of the assembly
4 appointed to the task force by the speaker of the assembly shall be
5 designated by each to serve as the co-chairmen of the task force. Each
6 member of the task force who is not a member of the legislature shall be
7 entitled to receive actual and necessary expenses incurred in the
8 discharge of his duties and shall be entitled to compensation as deter-
9 mined by the co-chairmen within the appropriations available therefor,
10 except that such member, who is serving in such capacity in a transient,
11 occasional and incidental manner, shall not be entitled to receive more
12 than the actual and necessary expenses incurred in the discharge of his
13 duties.
14 3. The task force shall engage in such research studies and other
15 activities as its co-chairmen may deem necessary or appropriate in the
16 preparation and formulation of a reapportionment plan for the next ensu-
17 ing reapportionment of senate and assembly districts and congressional
18 districts of the state and in the utilization of census and other demo-
19 graphic and statistical data for policy analysis, program development
20 and program evaluation purposes for the legislature.
21 4. The co-chairmen of the task force may employ such personnel,
22 experts and consultants as may be necessary for the performance of its
23 work and shall fix their compensation within the amounts appropriated
24 therefor.
25 5. The primary function of the task force shall be to compile and
26 analyze data, conduct research for and make reports and recommendations
27 to the legislature, legislative commissions and other legislative task
28 forces.
29 6. The task force, with the approval of its co-chairmen and subject
30 to guidelines submitted by the co-chairmen and approved by the temporary
31 president of the senate and speaker of the assembly, may sell surveys,
32 data, copies of tabulations and other special statistical compilations
33 and materials to departments, agencies and other entities of federal,
34 state or local government, of foreign countries, and to public benefit
35 corporations, or other public, not-for-profit and private persons and
36 agencies, upon payment of fees at least sufficient to pay the actual or
37 estimated cost of such projects. In furtherance of such sale, the task
38 force, with the approval of its co-chairmen, may execute contracts for
39 such purpose. Any contract executed heretofore by the task force or the
40 advisory task force on reapportionment, without express statutory
41 authorization, of a nature similar in import as the contract for sale
42 herein authorized is hereby validated, ratified and confirmed as an
43 exercise of the inherent power of such task force or such advisory task
44 force to execute such contract. The co-chairmen shall take such action
45 as shall be necessary to assure that any survey, data, tabulation,
46 special statistical compilation or material made available for sale
47 shall not identify the name of any corporation, company, association,
48 firm, partnership, proprietorship, society, joint stock company, indi-
49 vidual, or other organization or entity.
50 7. Moneys heretofore or hereafter received by or on behalf of the
51 legislative task force on demographic research and reapportionment from
52 the sale of surveys, data, copies of tabulations and other special
53 statistical compilations and materials available to such task force
54 shall be deposited to the credit of the legislative computer services
55 fund established by section ninety-seven-uu of the state finance law.
56 The moneys hereby credited to such fund may be made available for the
S. 3254 3
1 legislative task force on demographic research and reapportionment and
2 shall, when made available, be payable out of the state treasury on the
3 audit and warrant of the comptroller in the manner provided by section
4 ninety-seven-uu of the state finance law.
5 8. The co-chairmen of the task force are hereby authorized and
6 empowered to make and sign any agreements in the name and on behalf of
7 the task force and to do and perform any acts that may be necessary,
8 desirable or proper to carry out the powers, purposes and objectives of
9 the task force and the provisions thereof.
10 9. The task force, with the approval of its co-chairmen, may complete
11 any contract executed and conduct any business undertaken or commenced
12 by the legislature or the advisory task force on reapportionment
13 pertaining to or connected with the reapportionment and readjustment or
14 alteration of senate and assembly and congressional districts prior to
15 the enactment of these provisions into law, and the same shall be
16 completed and conducted in the same manner and under the same terms and
17 conditions and with the same effect as if completed and conducted by the
18 legislature or such advisory task force.
19 10. The task force may hold public and private hearings and otherwise
20 have all of the powers of a legislative committee under this chapter.
21 11. The co-chairmen of the task force may request and receive from
22 any court, department, division, board, bureau, commission or agency of
23 the state or any political subdivision thereof such assistance and data
24 as will enable the task force to properly carry out its powers and
25 duties hereunder.
26 12. Employees of the task force shall be considered to be employees
27 of the legislature for all purposes.
28 13. (a) The task force shall specify the form in which the department
29 of correctional services shall provide such information required to be
30 reported to the task force pursuant to subdivision eight of section
31 seventy-one of the correction law.
32 (b) Upon receipt of such information for each incarcerated person
33 subject to the jurisdiction of the department of correctional services,
34 the task force shall determine the census block corresponding to the
35 street address of each such person's residential address prior to incar-
36 ceration (if any), and the census block corresponding to the street
37 address of the correctional facility in which such person was held
38 subject to the jurisdiction of such department. Until such time as the
39 United States bureau of the census shall implement a policy of reporting
40 each such incarcerated person at such person's residential address prior
41 to incarceration, the task force shall use such data to develop a data-
42 base in which all incarcerated persons shall be, where possible, allo-
43 cated for redistricting purposes, such that each geographic unit
44 reflects incarcerated populations at their respective residential
45 addresses prior to incarceration rather than at the addresses of such
46 correctional facilities. For all incarcerated persons whose residential
47 address prior to incarceration was outside of the state, or for whom the
48 task force cannot identify their prior residential address, and for all
49 persons confined in a federal correctional facility on census day, the
50 task force shall consider those persons to have been counted at an
51 address unknown and persons at such unknown address shall not be
52 included in such data set created pursuant to this paragraph. The task
53 force shall develop and maintain such amended population data set and
54 shall make such amended data set available to local governments, as
55 defined in subdivision eight of section two of the municipal home rule
56 law, and for the drawing of assembly and senate districts. The assembly
S. 3254 4
1 and senate districts shall be drawn using such amended population data
2 set.
3 (c) Notwithstanding any other provision of law, the information
4 required to be provided pursuant to subdivision eight of section seven-
5 ty-one of the correction law shall be treated as confidential and shall
6 not be disclosed by the task force except as aggregated by census block
7 for purpose specified in this subdivision.]
8 2. LEGISLATIVE ADVISORY COMMISSION ON REDISTRICTING AND DEMOGRAPHIC
9 RESEARCH. (A) THERE SHALL BE A LEGISLATIVE ADVISORY COMMISSION ON
10 REDISTRICTING AND DEMOGRAPHIC RESEARCH (THE "COMMISSION") TO DRAW
11 SENATE, ASSEMBLY AND CONGRESSIONAL DISTRICTS, SO THAT ALL THE PEOPLE OF
12 NEW YORK MAY BE FAIRLY REPRESENTED. THE COMMISSION SHALL CONSIST OF NINE
13 MEMBERS. NO PERSON SHALL BE A MEMBER OF THE COMMISSION WHO IS NOT A
14 REGISTERED VOTER IN THE STATE OF NEW YORK, AND WHO HAS NOT BEEN, AT THE
15 TIME OF APPOINTMENT, A RESIDENT OF THE STATE OF NEW YORK FOR FIVE YEARS.
16 NO MEMBER OF THE SENATE OR ASSEMBLY, NO MEMBER OF CONGRESS, AND NO
17 PERSON HOLDING JUDICIAL OFFICE, SHALL BE A MEMBER OF THE DISTRICTING
18 COMMISSION. THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER
19 OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF
20 THE ASSEMBLY SHALL EACH APPOINT TWO MEMBERS FOR A TERM OF TEN YEARS
21 COMMENCING ON THE FIRST DAY OF APRIL OF THE YEAR PRECEDING THE YEAR IN
22 WHICH THE FEDERAL DECENNIAL CENSUS IS TAKEN, EXCEPT THAT, IF THIS
23 SECTION SHALL BECOME EFFECTIVE AFTER SUCH DATE, THE TERMS OF THE MEMBERS
24 SHALL COMMENCE AS SOON AS POSSIBLE. IF A SEAT ON THE COMMISSION SHALL
25 FALL VACANT, THE OFFICER OF THE LEGISLATURE WHO APPOINTED THE ORIGINAL
26 MEMBER SHALL APPOINT A MEMBER TO COMPLETE THE UNEXPIRED TERM; EXCEPT
27 THAT, IF MORE THAN TWO MEMBERS APPOINTED BY THE OFFICERS OF EITHER HOUSE
28 WOULD THEN HAVE BEEN APPOINTED BY AN OFFICER OF THE SAME PARTY, THEN THE
29 OTHER OFFICER OF THE SAME HOUSE SHALL APPOINT A MEMBER TO FILL THE
30 VACANCY. THE NINTH MEMBER, WHO SHALL BE THE CHAIR OF THE COMMISSION,
31 SHALL BE APPOINTED BY A VOTE OF AT LEAST SIX OF THE OTHER EIGHT MEMBERS,
32 INCLUDING AT LEAST ONE APPOINTED BY EACH APPOINTING AUTHORITY, TO A TERM
33 THAT SHALL EXPIRE AT THE SAME TIME AS THE TERMS OF THE OTHER MEMBERS.
34 (B) THE SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS SHALL BE DEVEL-
35 OPED BY A VOTE OF AT LEAST FIVE MEMBERS OF THE COMMISSION, INCLUDING THE
36 AFFIRMATIVE VOTE OF THE CHAIR OF THE COMMISSION. THE PLANS OF SENATE,
37 ASSEMBLY, AND CONGRESSIONAL DISTRICTS DEVELOPED BY THE COMMISSION SHALL
38 BE SUBMITTED TO THE LEGISLATURE FOR ENACTMENT. THE SENATE AND ASSEMBLY
39 DISTRICTS SHALL BE ENACTED INTO LAW NO LATER THAN THE LAST DAY OF JANU-
40 ARY OF THE SECOND YEAR FOLLOWING THE YEAR IN WHICH THE FEDERAL DECENNIAL
41 CENSUS IS TAKEN. THE COMMISSION SHALL ISSUE A REPORT EXPLAINING HOW THE
42 DISTRICTS COMPLY WITH THE REQUIREMENTS OF SUBDIVISION THREE OF THIS
43 SECTION. CONGRESSIONAL DISTRICTS SHALL BE ENACTED INTO LAW NO LATER
44 THAN THE LAST DAY OF MARCH OF THE SECOND YEAR FOLLOWING THE YEAR IN
45 WHICH THE FEDERAL DECENNIAL CENSUS IS TAKEN. THE COMMISSION SHALL AT
46 THAT TIME ISSUE A REPORT EXPLAINING HOW THE DISTRICTS COMPLY WITH THE
47 REQUIREMENTS OF SUBDIVISION THREE OF THIS ACT. THE COMMISSION SHALL MEET
48 AND MAKE REMEDIAL ADJUSTMENTS TO PLANS FOR CONGRESSIONAL, ASSEMBLY AND
49 SENATE DISTRICTS SHOULD THE LEGISLATURE FAIL TO ADOPT THE COMMISSION'S
50 PLAN. ANY SUCH REVISED PLANS SHALL BE SUBMITTED TO THE LEGISLATURE FOR
51 PROPER CONSIDERATION. SUCH DISTRICTS SHALL BECOME EFFECTIVE FOR THE NEXT
52 ENSUING GENERAL ELECTION OF SENATORS, ASSEMBLY MEMBERS, AND MEMBERS OF
53 CONGRESS. THE SENATE, ASSEMBLY AND CONGRESSIONAL DISTRICTS SHALL REMAIN
54 UNALTERED UNTIL AFTER THE SUBSEQUENT FEDERAL DECENNIAL CENSUS, EXCEPT
55 THAT, IF AN ALTERATION OF SUCH DISTRICTS SHALL BE ORDERED BY A COURT OF
56 COMPETENT JURISDICTION, OR IF SUCH DISTRICTS SHALL BE PREVENTED FROM
S. 3254 5
1 TAKING EFFECT PURSUANT TO THIS SECTION OR TO ANY PROVISION OF THE
2 CONSTITUTION AND LAWS OF THE UNITED STATES, THE COMMISSION SHALL RECOM-
3 MEND NECESSARY ALTERATIONS TO THE LEGISLATURE TO PROVIDE A REMEDY. ALL
4 VOTES OF THE COMMISSION SHALL BE TAKEN AT PUBLIC MEETINGS, AND THE
5 COMMISSION SHALL CAUSE TRANSCRIPTS OF ALL MEETINGS AND HEARINGS, INCLUD-
6 ING ALL TESTIMONY SUBMITTED IN WRITING, TO BE MADE PUBLICLY AVAILABLE.
7 THE COMMISSION SHALL PROMOTE INFORMED PUBLIC UNDERSTANDING OF, AND
8 PARTICIPATION IN, THE PROCESS OF REDISTRICTING, BY SUCH MEANS AS PROVID-
9 ING INFORMATION TO THE PUBLIC, HOLDING HEARINGS AND ADEQUATE PUBLIC
10 COMMENT BEFORE AND AFTER EACH PLAN IS DEVELOPED, AND ENCOURAGING
11 SUBMISSION OF PROPOSALS.
12 (C) THE LEGISLATURE SHALL MAKE NECESSARY APPROPRIATIONS FOR THE
13 EXPENSES OF THE COMMISSION, PROVIDE FOR COMPENSATION AND REIMBURSEMENT
14 OF EXPENSES FOR THE MEMBERS AND STAFF OF THE COMMISSION, ASSIGN TO THE
15 COMMISSION ANY ADDITIONAL DUTIES THAT THE LEGISLATURE MAY DEEM NECESSARY
16 TO THE PERFORMANCE OF THE DUTIES STIPULATED IN THIS SECTION, AND REQUIRE
17 OTHER AGENCIES AND OFFICIALS OF THE STATE OF NEW YORK AND ITS POLITICAL
18 SUBDIVISIONS TO PROVIDE SUCH INFORMATION AND ASSISTANCE AS THE COMMIS-
19 SION MAY REQUIRE TO PERFORM ITS DUTIES.
20 (D) SUBJECT TO SUCH REASONABLE REGULATIONS AS THE LEGISLATURE SHALL
21 PROMULGATE, THE COMMISSION SHALL, WITH THE APPROVAL OF THE TEMPORARY
22 PRESIDENT OF THE SENATE, MINORITY LEADER OF THE SENATE, THE SPEAKER OF
23 THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AS MAY BE NECESSARY
24 TO PERFORM ITS DUTIES, HIRE STAFF, ENTER INTO CONTRACTS, CONDUCT
25 RESEARCH, HOLD HEARINGS, AND COMMUNICATE WITH THE PUBLIC; SHALL ASSEMBLE
26 AND MAINTAIN SUCH GEOGRAPHIC, DEMOGRAPHIC, ELECTION AND VOTER REGISTRA-
27 TION DATA AS MAY BE NECESSARY FOR THE ANALYSIS AND EVALUATION OF
28 PROPOSED AND ESTABLISHED PLANS OF SENATE, ASSEMBLY, AND CONGRESSIONAL
29 DISTRICTS, INCLUDING, BUT NOT LIMITED TO, THE COMPLIANCE OF SUCH PLANS
30 WITH THE PROVISIONS OF THIS SECTION AND WITH THE CONSTITUTION AND LAWS
31 OF THE UNITED STATES; AND SHALL CAUSE ALL SUCH DATA, AND ALL EXPERT
32 REPORTS, RESULTS OF ANY OTHER RESEARCH CONDUCTED UNDER A CONTRACT
33 ENTERED INTO BY THE COMMISSION, AND PROPOSALS FOR DISTRICTS SUBMITTED BY
34 THE PUBLIC, TO BE MADE PUBLICLY AVAILABLE.
35 (E) EACH MEMBER OF THE COMMISSION SHALL BE ENTITLED TO RECEIVE ACTUAL
36 AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF HIS OR HER DUTIES
37 AND SHALL BE ENTITLED TO COMPENSATION AS DETERMINED BY THE CHAIR WITHIN
38 THE APPROPRIATIONS AVAILABLE THEREFOR.
39 (F) THE COMMISSION, WITH THE APPROVAL OF ITS CHAIR AND SUBJECT TO
40 GUIDELINES SUBMITTED BY THE CHAIR AND APPROVED BY THE TEMPORARY PRESI-
41 DENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, MAY SELL SURVEYS, DATA,
42 COPIES OF TABULATIONS AND OTHER SPECIAL STATISTICAL COMPILATIONS AND
43 MATERIALS TO DEPARTMENTS, AGENCIES AND OTHER ENTITIES OF FEDERAL, STATE
44 OR LOCAL GOVERNMENT, OF FOREIGN COUNTRIES, AND TO PUBLIC BENEFIT CORPO-
45 RATIONS, OR OTHER PUBLIC, NOT-FOR-PROFIT AND PRIVATE PERSONS AND AGEN-
46 CIES, UPON PAYMENT OF FEES AT LEAST SUFFICIENT TO PAY THE ACTUAL OR
47 ESTIMATED COST OF SUCH PROJECTS. IN FURTHERANCE OF SUCH SALE, THE
48 COMMISSION, WITH THE APPROVAL OF ITS CHAIR, MAY EXECUTE CONTRACTS FOR
49 SUCH PURPOSE. ANY CONTRACT EXECUTED HERETOFORE BY THE COMMISSION, WITH-
50 OUT EXPRESS STATUTORY AUTHORIZATION, OF A NATURE SIMILAR IN IMPORT AS
51 THE CONTRACT FOR SALE HEREIN AUTHORIZED IS HEREBY VALIDATED, RATIFIED
52 AND CONFIRMED AS AN EXERCISE OF THE INHERENT POWER OF SUCH COMMISSION TO
53 EXECUTE SUCH CONTRACT. THE CHAIR SHALL TAKE SUCH ACTION AS SHALL BE
54 NECESSARY TO ASSURE THAT ANY SURVEY, DATA, TABULATION, SPECIAL STATIS-
55 TICAL COMPILATION OR MATERIAL MADE AVAILABLE FOR SALE SHALL NOT IDENTIFY
56 THE NAME OF ANY CORPORATION, COMPANY, ASSOCIATION, FIRM, PARTNERSHIP,
S. 3254 6
1 PROPRIETORSHIP, SOCIETY, JOINT STOCK COMPANY, INDIVIDUAL, OR OTHER
2 ORGANIZATION OR ENTITY.
3 (G) MONEYS HERETOFORE OR HEREAFTER RECEIVED BY OR ON BEHALF OF THE
4 COMMISSION FROM THE SALE OF SURVEYS, DATA, COPIES OF TABULATIONS AND
5 OTHER SPECIAL STATISTICAL COMPILATIONS AND MATERIALS AVAILABLE TO SUCH
6 COMMISSION SHALL BE DEPOSITED TO THE CREDIT OF THE LEGISLATIVE COMPUTER
7 SERVICES FUND ESTABLISHED BY SECTION NINETY-SEVEN-UU OF THE STATE
8 FINANCE LAW. THE MONEYS HEREBY CREDITED TO SUCH FUND MAY BE MADE AVAIL-
9 ABLE FOR THE COMMISSION AND SHALL, WHEN MADE AVAILABLE, BE PAYABLE OUT
10 OF THE STATE TREASURY ON THE AUDIT AND WARRANT OF THE COMPTROLLER IN THE
11 MANNER PROVIDED BY SECTION NINETY-SEVEN-UU OF THE STATE FINANCE LAW.
12 (H) THE CHAIR OF THE COMMISSION IS HEREBY AUTHORIZED AND EMPOWERED TO
13 MAKE AND SIGN ANY AGREEMENTS IN THE NAME AND ON BEHALF OF THE COMMISSION
14 AND TO DO AND PERFORM ANY ACTS THAT MAY BE NECESSARY, DESIRABLE OR PROP-
15 ER TO CARRY OUT THE POWERS, PURPOSES AND OBJECTIVES OF THE COMMISSION
16 AND THE PROVISIONS THEREOF.
17 (I) THE COMMISSION, WITH THE APPROVAL OF ITS CHAIR, MAY COMPLETE ANY
18 CONTRACT EXECUTED AND CONDUCT ANY BUSINESS UNDERTAKEN OR COMMENCED BY
19 THE COMMISSION PERTAINING TO OR CONNECTED WITH THE REDISTRICTING AND
20 READJUSTMENT OR ALTERATION OF SENATE AND ASSEMBLY AND CONGRESSIONAL
21 DISTRICTS PRIOR TO THE ENACTMENT OF THESE PROVISIONS INTO LAW, AND THE
22 SAME SHALL BE COMPLETED AND CONDUCTED IN THE SAME MANNER AND UNDER THE
23 SAME TERMS AND CONDITIONS AND WITH THE SAME EFFECT AS IF COMPLETED AND
24 CONDUCTED BY THE LEGISLATURE OR SUCH COMMISSION.
25 (J) THE COMMISSION MAY HOLD PUBLIC AND PRIVATE HEARINGS AND OTHERWISE
26 HAVE ALL OF THE POWERS OF A LEGISLATIVE COMMITTEE UNDER THIS CHAPTER.
27 (K) THE CHAIR OF THE COMMISSION MAY REQUEST AND RECEIVE FROM ANY
28 COURT, DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR AGENCY OF THE
29 STATE OR ANY POLITICAL SUBDIVISION THEREOF SUCH ASSISTANCE AND DATA AS
30 WILL ENABLE THE COMMISSION TO PROPERLY CARRY OUT ITS POWERS AND DUTIES
31 HEREUNDER.
32 (L) EMPLOYEES OF THE COMMISSION SHALL BE CONSIDERED TO BE EMPLOYEES OF
33 THE LEGISLATURE FOR ALL PURPOSES.
34 3. CRITERIA TO BE FOLLOWED. (A) ALL DISTRICTS OF A HOUSE OF THE LEGIS-
35 LATURE SHALL BE AS NEARLY EQUAL IN POPULATION AS IS PRACTICAL, EXCEPT AS
36 NECESSARY TO SATISFY THE REQUIREMENTS OF PARAGRAPHS (C), (E), AND (F) OF
37 THIS SUBDIVISION, BUT THE DIFFERENCE IN POPULATION BETWEEN THE MOST AND
38 LEAST POPULOUS SENATE DISTRICTS SHALL NOT EXCEED TEN PERCENT OF THE MEAN
39 POPULATION OF ALL SENATE DISTRICTS, AND THE DIFFERENCE IN POPULATION
40 BETWEEN THE MOST AND LEAST POPULOUS ASSEMBLY DISTRICTS SHALL NOT EXCEED
41 TEN PERCENT OF THE MEAN POPULATION OF ALL ASSEMBLY DISTRICTS. FOR ANY
42 CONTIGUOUS GROUP OF SENATE OR ASSEMBLY DISTRICTS, THE PERCENTAGE OF THE
43 TOTAL NUMBER OF SUCH DISTRICTS CONTAINED WITHIN SUCH GROUP, AND THE
44 PERCENTAGE OF THE TOTAL POPULATION OF THE STATE CONTAINED WITHIN SUCH
45 GROUP, BOTH EXPRESSED AS TWO-DIGIT NUMBERS FOLLOWED BY TWO-DIGIT DECI-
46 MALS, SHALL NOT DIFFER BY AN AMOUNT GREATER THAN 0.50. THE POPULATIONS
47 OF ANY TWO SENATE OR ASSEMBLY DISTRICTS ADJOINING WITHIN A COUNTY SUBDI-
48 VISION, OR, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, WITHIN A
49 COUNTY, SHALL NOT DIFFER BY AN AMOUNT GREATER THAN TWO PERCENT OF THE
50 MEAN POPULATION OF SUCH TWO DISTRICTS.
51 (B) ALL CONGRESSIONAL DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION
52 AS IS PRACTICABLE.
53 (C) EACH DISTRICT SHALL CONSIST OF CONTIGUOUS TERRITORY; NO DISTRICT
54 SHALL CONSIST OF PARTS ENTIRELY SEPARATED BY THE TERRITORY OF ANOTHER
55 DISTRICT OF THE SAME BODY, WHETHER SUCH TERRITORY BE LAND OR WATER,
56 POPULATED OR UNPOPULATED. A POPULATED CENSUS BLOCK SHALL NOT BE DIVIDED
S. 3254 7
1 BY A DISTRICT BOUNDARY, UNLESS IT CAN BE DETERMINED THAT THE POPULATED
2 PART OF SUCH BLOCK IS WITHIN A SINGLE DISTRICT.
3 (D) THE WHOLE NUMBER OF PERSONS REPORTED IN THE FEDERAL DECENNIAL
4 CENSUS SHALL BE THE BASIS FOR DETERMINING POPULATIONS FOR THE PURPOSES
5 OF THIS SECTION, EXCEPT THAT, FOR THE PURPOSE OF DETERMINING THE POPU-
6 LATIONS OF SENATE AND ASSEMBLY DISTRICTS, NO PERSON SHALL BE DEEMED TO
7 HAVE GAINED OR LOST A RESIDENCE BY REASON OF CONVICTION AND INCARCERA-
8 TION IN A FEDERAL OR STATE CORRECTIONAL FACILITY.
9 (E) SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICTS SHALL NOT BE ESTAB-
10 LISHED THAT RESULT IN A DENIAL TO MEMBERS OF RACIAL AND LINGUISTIC
11 MINORITY GROUPS OF AN EQUAL OPPORTUNITY WITH OTHER CITIZENS TO PARTIC-
12 IPATE IN THE POLITICAL PROCESS AND TO ELECT THE REPRESENTATIVES OF THEIR
13 CHOICE. THE PRINCIPLES STATED IN PARAGRAPH (F) OF THIS SUBDIVISION SHALL
14 BE USED TO CREATE DISTRICTS THAT WILL AFFORD FAIR REPRESENTATION TO THE
15 MEMBERS OF THOSE RACIAL AND LINGUISTIC MINORITY GROUPS WHO ARE SUFFI-
16 CIENTLY NUMEROUS AND WHOSE RESIDENTIAL PATTERNS AFFORD THE OPPORTUNITY
17 OF CREATING DISTRICTS IN WHICH THEY WILL BE ABLE TO ELECT REPRESEN-
18 TATIVES OF THEIR CHOICE.
19 (F) SUBJECT AND SUBSIDIARY TO THE REQUIREMENTS OF PARAGRAPHS (A), (B),
20 (C), (D), AND (E) OF THIS SUBDIVISION, THE FOLLOWING PRINCIPLES SHALL BE
21 FOLLOWED IN THE CREATION OF SENATE, ASSEMBLY, AND CONGRESSIONAL
22 DISTRICTS. A PRINCIPLE WITH A LOWER NUMBER SHALL HAVE PRECEDENCE OVER A
23 PRINCIPLE WITH A HIGHER NUMBER.
24 (I) TO THE EXTENT POSSIBLE, COUNTIES SHALL NOT BE DIVIDED IN THE
25 FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUN-
26 TY PURSUANT TO STATE LAW.
27 (II) WHERE POSSIBLE, COUNTY SUBDIVISIONS SHALL NOT BE DIVIDED IN THE
28 FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUN-
29 TY SUBDIVISION. FOR THE PURPOSES OF THIS SECTION, A COUNTY SUBDIVISION
30 SHALL BE A CITY (EXCEPT FOR A CITY WITH A POPULATION OF ONE MILLION OR
31 MORE), A TOWN, OR AN INDIAN RESERVATION WHOSE TERRITORY IS EXCLUSIVE OF
32 THE TERRITORY OF ANY CITY OR TOWN. TO THE EXTENT POSSIBLE, COUNTY SUBDI-
33 VISIONS WITH LARGER POPULATIONS SHALL BE DIVIDED IN PREFERENCE TO DIVI-
34 SION OF THOSE WITH SMALLER POPULATIONS.
35 (III) IF A TOWN MUST BE DIVIDED, WHERE POSSIBLE, INCORPORATED VILLAGES
36 SHALL NOT BE DIVIDED.
37 (IV) SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS SHALL BE AS COMPACT
38 IN FORM AS IS POSSIBLE. PLANS OF SENATE, ASSEMBLY, OR CONGRESSIONAL
39 DISTRICTS SHALL BE COMPARED, USING AVERAGE NUMERICAL MEASURES, FOR EACH
40 SUCH PLAN, OF: (1) GEOGRAPHIC DISPERSION, THE DEGREE TO WHICH THE TERRI-
41 TORY OF DISTRICTS IS EITHER TIGHTLY PACKED OR WIDELY SPREAD OUT, (2) THE
42 RELATION OF THE PERIMETER LENGTHS TO THE AREAS OF DISTRICTS, AND (3) THE
43 DISPERSION OF THE POPULATIONS OF DISTRICTS; BUT NO MEASURE SHALL BE
44 EMPLOYED THAT IS SCALE-SENSITIVE, ACCORDING DIFFERENT WEIGHT TO THE
45 COMPACTNESS OF DISTRICTS IN RURAL, AS COMPARED WITH URBAN AREAS, OR
46 YIELDING DIFFERENT MEASURES FOR IDENTICALLY SHAPED DISTRICTS THAT DIFFER
47 ONLY IN ABSOLUTE SIZE.
48 (V) TO THE EXTENT POSSIBLE, A SENATE, ASSEMBLY, OR CONGRESSIONAL
49 DISTRICT SHALL UNITE COMMUNITIES DEFINED BY ACTUAL SHARED INTERESTS,
50 TAKING ACCOUNT OF GEOGRAPHIC, SOCIAL, ECONOMIC, AND OTHER FACTORS THAT
51 INDICATE COMMONALITY OF INTEREST, AND DISTRICTS SHALL BE FORMED SO AS TO
52 PROMOTE THE ORDERLY AND EFFICIENT ADMINISTRATION OF ELECTIONS.
53 (VI) TO THE EXTENT POSSIBLE, THE RESIDENCES OF TWO OR MORE INCUMBENT
54 MEMBERS OF THE SAME BODY SHALL NOT BE PLACED IN THE SAME DISTRICT OF
55 SUCH BODY, AND THE RESIDENCES OF INCUMBENT LEGISLATORS AND MEMBERS OF
56 CONGRESS SHALL BE INCLUDED IN THE DISTRICT WITH THE LARGEST NUMBER OF
S. 3254 8
1 THEIR EXISTING CONSTITUENTS, BUT THE REQUIREMENTS OF PARAGRAPHS (A),
2 (B), (C), (D), AND (E) OF THIS SUBDIVISION, AND OF SUBPARAGRAPHS (I),
3 (II), (III), (IV), AND (V) OF THIS PARAGRAPH, SHALL ALWAYS TAKE PRECED-
4 ENCE OVER, AND SHALL NEVER BE SUBORDINATED TO, THE REQUIREMENTS OF THIS
5 SUBPARAGRAPH OR THE PRESERVATION OF THE CORES OF EXISTING DISTRICTS.
6 S 2. This act shall take effect immediately; provided, however, that
7 the amendments to section 83-m of the legislative law made by section
8 one of this act shall not affect the repeal of such section and shall be
9 deemed repealed therewith.
