Bill Text: NY S03254 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3254--A
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 -- recommitted to the Committee on Investigations and
Government Operations in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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 amended by section 118 of
3 subpart B of part C of chapter 62 of the laws of 2011, is amended to
4 read as follows:
5 S 83-m. Legislative [task force on demographic research and reappor-
6 tionment] ADVISORY COMMISSION ON REDISTRICTING AND DEMOGRAPHIC RESEARCH.
7 1. The legislature hereby finds and declares that: (a) there is a need
8 for intensive and thorough legislative study, research and inquiry into
9 the techniques and methodology to be used by the bureau of the census of
10 the United States commerce department in carrying out the decennial
11 federal census; (b) a technical plan will be needed to meet the require-
12 ments of a legislative timetable for a [reapportionment] REDISTRICTING
13 of the senate and assembly districts and the congressional districts of
14 the state based on such census; and (c) the [task force] COMMISSION
15 herein continued is necessary to assist the legislature in the perform-
16 ance of its responsibilities and in the conduct of legislative research
17 projects relating thereto.
18 [2. The legislative task force on demographic research and reappor-
19 tionment is hereby continued, consisting of six members of whom two
20 shall be appointed by the temporary president of the senate, two by the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08779-02-2
S. 3254--A 2
1 speaker of the assembly and one each by the minority leader of the
2 senate and the minority leader of the assembly. The appointments shall
3 be of members of the respective houses of the legislature, except that
4 one member appointed by the temporary president of the senate and one
5 member appointed by the speaker of the assembly shall not be members of
6 the legislature. A member of the senate appointed to the task force by
7 the temporary president of the senate and a member of the assembly
8 appointed to the task force by the speaker of the assembly shall be
9 designated by each to serve as the co-chairmen of the task force. Each
10 member of the task force who is not a member of the legislature shall be
11 entitled to receive actual and necessary expenses incurred in the
12 discharge of his duties and shall be entitled to compensation as deter-
13 mined by the co-chairmen within the appropriations available therefor,
14 except that such member, who is serving in such capacity in a transient,
15 occasional and incidental manner, shall not be entitled to receive more
16 than the actual and necessary expenses incurred in the discharge of his
17 duties.
18 3. The task force shall engage in such research studies and other
19 activities as its co-chairmen may deem necessary or appropriate in the
20 preparation and formulation of a reapportionment plan for the next ensu-
21 ing reapportionment of senate and assembly districts and congressional
22 districts of the state and in the utilization of census and other demo-
23 graphic and statistical data for policy analysis, program development
24 and program evaluation purposes for the legislature.
25 4. The co-chairmen of the task force may employ such personnel,
26 experts and consultants as may be necessary for the performance of its
27 work and shall fix their compensation within the amounts appropriated
28 therefor.
29 5. The primary function of the task force shall be to compile and
30 analyze data, conduct research for and make reports and recommendations
31 to the legislature, legislative commissions and other legislative task
32 forces.
33 6. The task force, with the approval of its co-chairmen and subject
34 to guidelines submitted by the co-chairmen and approved by the temporary
35 president of the senate and speaker of the assembly, may sell surveys,
36 data, copies of tabulations and other special statistical compilations
37 and materials to departments, agencies and other entities of federal,
38 state or local government, of foreign countries, and to public benefit
39 corporations, or other public, not-for-profit and private persons and
40 agencies, upon payment of fees at least sufficient to pay the actual or
41 estimated cost of such projects. In furtherance of such sale, the task
42 force, with the approval of its co-chairmen, may execute contracts for
43 such purpose. Any contract executed heretofore by the task force or the
44 advisory task force on reapportionment, without express statutory
45 authorization, of a nature similar in import as the contract for sale
46 herein authorized is hereby validated, ratified and confirmed as an
47 exercise of the inherent power of such task force or such advisory task
48 force to execute such contract. The co-chairmen shall take such action
49 as shall be necessary to assure that any survey, data, tabulation,
50 special statistical compilation or material made available for sale
51 shall not identify the name of any corporation, company, association,
52 firm, partnership, proprietorship, society, joint stock company, indi-
53 vidual, or other organization or entity.
54 7. Moneys heretofore or hereafter received by or on behalf of the
55 legislative task force on demographic research and reapportionment from
56 the sale of surveys, data, copies of tabulations and other special
S. 3254--A 3
1 statistical compilations and materials available to such task force
2 shall be deposited to the credit of the legislative computer services
3 fund established by section ninety-seven-uu of the state finance law.
4 The moneys hereby credited to such fund may be made available for the
5 legislative task force on demographic research and reapportionment and
6 shall, when made available, be payable out of the state treasury on the
7 audit and warrant of the comptroller in the manner provided by section
8 ninety-seven-uu of the state finance law.
9 8. The co-chairmen of the task force are hereby authorized and
10 empowered to make and sign any agreements in the name and on behalf of
11 the task force and to do and perform any acts that may be necessary,
12 desirable or proper to carry out the powers, purposes and objectives of
13 the task force and the provisions thereof.
14 9. The task force, with the approval of its co-chairmen, may complete
15 any contract executed and conduct any business undertaken or commenced
16 by the legislature or the advisory task force on reapportionment
17 pertaining to or connected with the reapportionment and readjustment or
18 alteration of senate and assembly and congressional districts prior to
19 the enactment of these provisions into law, and the same shall be
20 completed and conducted in the same manner and under the same terms and
21 conditions and with the same effect as if completed and conducted by the
22 legislature or such advisory task force.
23 10. The task force may hold public and private hearings and otherwise
24 have all of the powers of a legislative committee under this chapter.
25 11. The co-chairmen of the task force may request and receive from
26 any court, department, division, board, bureau, commission or agency of
27 the state or any political subdivision thereof such assistance and data
28 as will enable the task force to properly carry out its powers and
29 duties hereunder.
30 12. Employees of the task force shall be considered to be employees
31 of the legislature for all purposes.
32 13. (a) The task force shall specify the form in which the department
33 of corrections and community supervision shall provide such information
34 required to be reported to the task force pursuant to subdivision eight
35 of section seventy-one of the correction law.
36 (b) Upon receipt of such information for each incarcerated person
37 subject to the jurisdiction of the department of corrections and commu-
38 nity supervision, the task force shall determine the census block corre-
39 sponding to the street address of each such person's residential address
40 prior to incarceration (if any), and the census block corresponding to
41 the street address of the correctional facility in which such person was
42 held subject to the jurisdiction of such department. Until such time as
43 the United States bureau of the census shall implement a policy of
44 reporting each such incarcerated person at such person's residential
45 address prior to incarceration, the task force shall use such data to
46 develop a database in which all incarcerated persons shall be, where
47 possible, allocated for redistricting purposes, such that each geograph-
48 ic unit reflects incarcerated populations at their respective residen-
49 tial addresses prior to incarceration rather than at the addresses of
50 such correctional facilities. For all incarcerated persons whose resi-
51 dential address prior to incarceration was outside of the state, or for
52 whom the task force cannot identify their prior residential address, and
53 for all persons confined in a federal correctional facility on census
54 day, the task force shall consider those persons to have been counted at
55 an address unknown and persons at such unknown address shall not be
56 included in such data set created pursuant to this paragraph. The task
S. 3254--A 4
1 force shall develop and maintain such amended population data set and
2 shall make such amended data set available to local governments, as
3 defined in subdivision eight of section two of the municipal home rule
4 law, and for the drawing of assembly and senate districts. The assembly
5 and senate districts shall be drawn using such amended population data
6 set.
7 (c) Notwithstanding any other provision of law, the information
8 required to be provided pursuant to subdivision eight of section seven-
9 ty-one of the correction law shall be treated as confidential and shall
10 not be disclosed by the task force except as aggregated by census block
11 for purpose specified in this subdivision.]
12 2. LEGISLATIVE ADVISORY COMMISSION ON REDISTRICTING AND DEMOGRAPHIC
13 RESEARCH. (A) THERE SHALL BE A LEGISLATIVE ADVISORY COMMISSION ON
14 REDISTRICTING AND DEMOGRAPHIC RESEARCH (THE "COMMISSION") TO DRAW
15 SENATE, ASSEMBLY AND CONGRESSIONAL DISTRICTS, SO THAT ALL THE PEOPLE OF
16 NEW YORK MAY BE FAIRLY REPRESENTED. THE COMMISSION SHALL CONSIST OF NINE
17 MEMBERS. NO PERSON SHALL BE A MEMBER OF THE COMMISSION WHO IS NOT A
18 REGISTERED VOTER IN THE STATE OF NEW YORK, AND WHO HAS NOT BEEN, AT THE
19 TIME OF APPOINTMENT, A RESIDENT OF THE STATE OF NEW YORK FOR FIVE YEARS.
20 NO MEMBER OF THE SENATE OR ASSEMBLY, NO MEMBER OF CONGRESS, AND NO
21 PERSON HOLDING JUDICIAL OFFICE, SHALL BE A MEMBER OF THE REDISTRICTING
22 COMMISSION. THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER
23 OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF
24 THE ASSEMBLY SHALL EACH APPOINT TWO MEMBERS FOR A TERM OF TEN YEARS
25 COMMENCING ON THE FIRST DAY OF APRIL OF THE YEAR PRECEDING THE YEAR IN
26 WHICH THE FEDERAL DECENNIAL CENSUS IS TAKEN, EXCEPT THAT, IF THIS
27 SECTION SHALL BECOME EFFECTIVE AFTER SUCH DATE, THE TERMS OF THE MEMBERS
28 SHALL COMMENCE AS SOON AS POSSIBLE. IF A SEAT ON THE COMMISSION SHALL
29 FALL VACANT, THE OFFICER OF THE LEGISLATURE WHO APPOINTED THE ORIGINAL
30 MEMBER SHALL APPOINT A MEMBER TO COMPLETE THE UNEXPIRED TERM; EXCEPT
31 THAT, IF MORE THAN TWO MEMBERS APPOINTED BY THE OFFICERS OF EITHER HOUSE
32 WOULD THEN HAVE BEEN APPOINTED BY AN OFFICER OF THE SAME PARTY, THEN THE
33 OTHER OFFICER OF THE SAME HOUSE SHALL APPOINT A MEMBER TO FILL THE
34 VACANCY. THE NINTH MEMBER, WHO SHALL BE THE CHAIR OF THE COMMISSION,
35 SHALL BE APPOINTED BY A VOTE OF AT LEAST SIX OF THE OTHER EIGHT MEMBERS,
36 INCLUDING AT LEAST ONE APPOINTED BY EACH APPOINTING AUTHORITY, TO A TERM
37 THAT SHALL EXPIRE AT THE SAME TIME AS THE TERMS OF THE OTHER MEMBERS.
38 (B) THE SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS SHALL BE DEVEL-
39 OPED BY A VOTE OF AT LEAST FIVE MEMBERS OF THE COMMISSION, INCLUDING THE
40 AFFIRMATIVE VOTE OF THE CHAIR OF THE COMMISSION. THE PLANS OF SENATE,
41 ASSEMBLY, AND CONGRESSIONAL DISTRICTS DEVELOPED BY THE COMMISSION SHALL
42 BE SUBMITTED TO THE LEGISLATURE FOR ENACTMENT. THE SENATE AND ASSEMBLY
43 DISTRICTS SHALL BE ENACTED INTO LAW NO LATER THAN THE LAST DAY OF JANU-
44 ARY OF THE SECOND YEAR FOLLOWING THE YEAR IN WHICH THE FEDERAL DECENNIAL
45 CENSUS IS TAKEN. THE COMMISSION SHALL ISSUE A REPORT EXPLAINING HOW THE
46 DISTRICTS COMPLY WITH THE REQUIREMENTS OF SUBDIVISION THREE OF THIS
47 SECTION. CONGRESSIONAL DISTRICTS SHALL BE ENACTED INTO LAW NO LATER
48 THAN THE LAST DAY OF MARCH OF THE SECOND YEAR FOLLOWING THE YEAR IN
49 WHICH THE FEDERAL DECENNIAL CENSUS IS TAKEN. THE COMMISSION SHALL AT
50 THAT TIME ISSUE A REPORT EXPLAINING HOW THE DISTRICTS COMPLY WITH THE
51 REQUIREMENTS OF SUBDIVISION THREE OF THIS ACT. THE COMMISSION SHALL MEET
52 AND MAKE REMEDIAL ADJUSTMENTS TO PLANS FOR CONGRESSIONAL, ASSEMBLY AND
53 SENATE DISTRICTS SHOULD THE LEGISLATURE FAIL TO ADOPT THE COMMISSION'S
54 PLAN. ANY SUCH REVISED PLANS SHALL BE SUBMITTED TO THE LEGISLATURE FOR
55 PROPER CONSIDERATION. SUCH DISTRICTS SHALL BECOME EFFECTIVE FOR THE NEXT
56 ENSUING GENERAL ELECTION OF SENATORS, ASSEMBLY MEMBERS, AND MEMBERS OF
S. 3254--A 5
1 CONGRESS. THE SENATE, ASSEMBLY AND CONGRESSIONAL DISTRICTS SHALL REMAIN
2 UNALTERED UNTIL AFTER THE SUBSEQUENT FEDERAL DECENNIAL CENSUS, EXCEPT
3 THAT, IF AN ALTERATION OF SUCH DISTRICTS SHALL BE ORDERED BY A COURT OF
4 COMPETENT JURISDICTION, OR IF SUCH DISTRICTS SHALL BE PREVENTED FROM
5 TAKING EFFECT PURSUANT TO THIS SECTION OR TO ANY PROVISION OF THE
6 CONSTITUTION AND LAWS OF THE UNITED STATES, THE COMMISSION SHALL RECOM-
7 MEND NECESSARY ALTERATIONS TO THE LEGISLATURE TO PROVIDE A REMEDY. ALL
8 VOTES OF THE COMMISSION SHALL BE TAKEN AT PUBLIC MEETINGS, AND THE
9 COMMISSION SHALL CAUSE TRANSCRIPTS OF ALL MEETINGS AND HEARINGS, INCLUD-
10 ING ALL TESTIMONY SUBMITTED IN WRITING, TO BE MADE PUBLICLY AVAILABLE.
11 THE COMMISSION SHALL PROMOTE INFORMED PUBLIC UNDERSTANDING OF, AND
12 PARTICIPATION IN, THE PROCESS OF REDISTRICTING, BY SUCH MEANS AS PROVID-
13 ING INFORMATION TO THE PUBLIC, HOLDING HEARINGS AND ADEQUATE PUBLIC
14 COMMENT BEFORE AND AFTER EACH PLAN IS DEVELOPED, AND ENCOURAGING
15 SUBMISSION OF PROPOSALS.
16 (C) THE LEGISLATURE SHALL MAKE NECESSARY APPROPRIATIONS FOR THE
17 EXPENSES OF THE COMMISSION, PROVIDE FOR COMPENSATION AND REIMBURSEMENT
18 OF EXPENSES FOR THE MEMBERS AND STAFF OF THE COMMISSION, ASSIGN TO THE
19 COMMISSION ANY ADDITIONAL DUTIES THAT THE LEGISLATURE MAY DEEM NECESSARY
20 TO THE PERFORMANCE OF THE DUTIES STIPULATED IN THIS SECTION, AND REQUIRE
21 OTHER AGENCIES AND OFFICIALS OF THE STATE OF NEW YORK AND ITS POLITICAL
22 SUBDIVISIONS TO PROVIDE SUCH INFORMATION AND ASSISTANCE AS THE COMMIS-
23 SION MAY REQUIRE TO PERFORM ITS DUTIES.
24 (D) SUBJECT TO SUCH REASONABLE REGULATIONS AS THE LEGISLATURE SHALL
25 PROMULGATE, THE COMMISSION SHALL, WITH THE APPROVAL OF THE TEMPORARY
26 PRESIDENT OF THE SENATE, MINORITY LEADER OF THE SENATE, THE SPEAKER OF
27 THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AS MAY BE NECESSARY
28 TO PERFORM ITS DUTIES, HIRE STAFF, ENTER INTO CONTRACTS, CONDUCT
29 RESEARCH, HOLD HEARINGS, AND COMMUNICATE WITH THE PUBLIC; SHALL ASSEMBLE
30 AND MAINTAIN SUCH GEOGRAPHIC, DEMOGRAPHIC, ELECTION AND VOTER REGISTRA-
31 TION DATA AS MAY BE NECESSARY FOR THE ANALYSIS AND EVALUATION OF
32 PROPOSED AND ESTABLISHED PLANS OF SENATE, ASSEMBLY, AND CONGRESSIONAL
33 DISTRICTS, INCLUDING, BUT NOT LIMITED TO, THE COMPLIANCE OF SUCH PLANS
34 WITH THE PROVISIONS OF THIS SECTION AND WITH THE CONSTITUTION AND LAWS
35 OF THE UNITED STATES; AND SHALL CAUSE ALL SUCH DATA, AND ALL EXPERT
36 REPORTS, RESULTS OF ANY OTHER RESEARCH CONDUCTED UNDER A CONTRACT
37 ENTERED INTO BY THE COMMISSION, AND PROPOSALS FOR DISTRICTS SUBMITTED BY
38 THE PUBLIC, TO BE MADE PUBLICLY AVAILABLE.
39 (E) EACH MEMBER OF THE COMMISSION SHALL BE ENTITLED TO RECEIVE ACTUAL
40 AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF HIS OR HER DUTIES
41 AND SHALL BE ENTITLED TO COMPENSATION AS DETERMINED BY THE CHAIR WITHIN
42 THE APPROPRIATIONS AVAILABLE THEREFOR.
43 (F) THE COMMISSION, WITH THE APPROVAL OF ITS CHAIR AND SUBJECT TO
44 GUIDELINES SUBMITTED BY THE CHAIR AND APPROVED BY THE TEMPORARY PRESI-
45 DENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, MAY SELL SURVEYS, DATA,
46 COPIES OF TABULATIONS AND OTHER SPECIAL STATISTICAL COMPILATIONS AND
47 MATERIALS TO DEPARTMENTS, AGENCIES AND OTHER ENTITIES OF FEDERAL, STATE
48 OR LOCAL GOVERNMENT, OF FOREIGN COUNTRIES, AND TO PUBLIC BENEFIT CORPO-
49 RATIONS, OR OTHER PUBLIC, NOT-FOR-PROFIT AND PRIVATE PERSONS AND AGEN-
50 CIES, UPON PAYMENT OF FEES AT LEAST SUFFICIENT TO PAY THE ACTUAL OR
51 ESTIMATED COST OF SUCH PROJECTS. IN FURTHERANCE OF SUCH SALE, THE
52 COMMISSION, WITH THE APPROVAL OF ITS CHAIR, MAY EXECUTE CONTRACTS FOR
53 SUCH PURPOSE. ANY CONTRACT EXECUTED HERETOFORE BY THE COMMISSION, WITH-
54 OUT EXPRESS STATUTORY AUTHORIZATION, OF A NATURE SIMILAR IN IMPORT AS
55 THE CONTRACT FOR SALE HEREIN AUTHORIZED IS HEREBY VALIDATED, RATIFIED
56 AND CONFIRMED AS AN EXERCISE OF THE INHERENT POWER OF SUCH COMMISSION TO
S. 3254--A 6
1 EXECUTE SUCH CONTRACT. THE CHAIR SHALL TAKE SUCH ACTION AS SHALL BE
2 NECESSARY TO ASSURE THAT ANY SURVEY, DATA, TABULATION, SPECIAL STATIS-
3 TICAL COMPILATION OR MATERIAL MADE AVAILABLE FOR SALE SHALL NOT IDENTIFY
4 THE NAME OF ANY CORPORATION, COMPANY, ASSOCIATION, FIRM, PARTNERSHIP,
5 PROPRIETORSHIP, SOCIETY, JOINT STOCK COMPANY, INDIVIDUAL, OR OTHER
6 ORGANIZATION OR ENTITY.
7 (G) MONEYS HERETOFORE OR HEREAFTER RECEIVED BY OR ON BEHALF OF THE
8 COMMISSION FROM THE SALE OF SURVEYS, DATA, COPIES OF TABULATIONS AND
9 OTHER SPECIAL STATISTICAL COMPILATIONS AND MATERIALS AVAILABLE TO SUCH
10 COMMISSION SHALL BE DEPOSITED TO THE CREDIT OF THE LEGISLATIVE COMPUTER
11 SERVICES FUND ESTABLISHED BY SECTION NINETY-SEVEN-UU OF THE STATE
12 FINANCE LAW. THE MONEYS HEREBY CREDITED TO SUCH FUND MAY BE MADE AVAIL-
13 ABLE FOR THE COMMISSION AND SHALL, WHEN MADE AVAILABLE, BE PAYABLE OUT
14 OF THE STATE TREASURY ON THE AUDIT AND WARRANT OF THE COMPTROLLER IN THE
15 MANNER PROVIDED BY SECTION NINETY-SEVEN-UU OF THE STATE FINANCE LAW.
16 (H) THE CHAIR OF THE COMMISSION IS HEREBY AUTHORIZED AND EMPOWERED TO
17 MAKE AND SIGN ANY AGREEMENTS IN THE NAME AND ON BEHALF OF THE COMMISSION
18 AND TO DO AND PERFORM ANY ACTS THAT MAY BE NECESSARY, DESIRABLE OR PROP-
19 ER TO CARRY OUT THE POWERS, PURPOSES AND OBJECTIVES OF THE COMMISSION
20 AND THE PROVISIONS THEREOF.
21 (I) THE COMMISSION, WITH THE APPROVAL OF ITS CHAIR, MAY COMPLETE ANY
22 CONTRACT EXECUTED AND CONDUCT ANY BUSINESS UNDERTAKEN OR COMMENCED BY
23 THE COMMISSION PERTAINING TO OR CONNECTED WITH THE REDISTRICTING AND
24 READJUSTMENT OR ALTERATION OF SENATE AND ASSEMBLY AND CONGRESSIONAL
25 DISTRICTS PRIOR TO THE ENACTMENT OF THESE PROVISIONS INTO LAW, AND THE
26 SAME SHALL BE COMPLETED AND CONDUCTED IN THE SAME MANNER AND UNDER THE
27 SAME TERMS AND CONDITIONS AND WITH THE SAME EFFECT AS IF COMPLETED AND
28 CONDUCTED BY THE LEGISLATURE OR SUCH COMMISSION.
29 (J) THE COMMISSION MAY HOLD PUBLIC AND PRIVATE HEARINGS AND OTHERWISE
30 HAVE ALL OF THE POWERS OF A LEGISLATIVE COMMITTEE UNDER THIS CHAPTER.
31 (K) THE CHAIR OF THE COMMISSION MAY REQUEST AND RECEIVE FROM ANY
32 COURT, DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR AGENCY OF THE
33 STATE OR ANY POLITICAL SUBDIVISION THEREOF SUCH ASSISTANCE AND DATA AS
34 WILL ENABLE THE COMMISSION TO PROPERLY CARRY OUT ITS POWERS AND DUTIES
35 HEREUNDER.
36 (L) EMPLOYEES OF THE COMMISSION SHALL BE CONSIDERED TO BE EMPLOYEES OF
37 THE LEGISLATURE FOR ALL PURPOSES.
38 3. CRITERIA TO BE FOLLOWED. (A) ALL DISTRICTS OF A HOUSE OF THE LEGIS-
39 LATURE SHALL BE AS NEARLY EQUAL IN POPULATION AS IS PRACTICAL, EXCEPT AS
40 NECESSARY TO SATISFY THE REQUIREMENTS OF PARAGRAPHS (C), (E), AND (F) OF
41 THIS SUBDIVISION, BUT THE DIFFERENCE IN POPULATION BETWEEN THE MOST AND
42 LEAST POPULOUS SENATE DISTRICTS SHALL NOT EXCEED TEN PERCENT OF THE MEAN
43 POPULATION OF ALL SENATE DISTRICTS, AND THE DIFFERENCE IN POPULATION
44 BETWEEN THE MOST AND LEAST POPULOUS ASSEMBLY DISTRICTS SHALL NOT EXCEED
45 TEN PERCENT OF THE MEAN POPULATION OF ALL ASSEMBLY DISTRICTS. FOR ANY
46 CONTIGUOUS GROUP OF SENATE OR ASSEMBLY DISTRICTS, THE PERCENTAGE OF THE
47 TOTAL NUMBER OF SUCH DISTRICTS CONTAINED WITHIN SUCH GROUP, AND THE
48 PERCENTAGE OF THE TOTAL POPULATION OF THE STATE CONTAINED WITHIN SUCH
49 GROUP, BOTH EXPRESSED AS TWO-DIGIT NUMBERS FOLLOWED BY TWO-DIGIT DECI-
50 MALS, SHALL NOT DIFFER BY AN AMOUNT GREATER THAN 0.50. THE POPULATIONS
51 OF ANY TWO SENATE OR ASSEMBLY DISTRICTS ADJOINING WITHIN A COUNTY SUBDI-
52 VISION, OR, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, WITHIN A
53 COUNTY, SHALL NOT DIFFER BY AN AMOUNT GREATER THAN TWO PERCENT OF THE
54 MEAN POPULATION OF SUCH TWO DISTRICTS.
55 (B) ALL CONGRESSIONAL DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION
56 AS IS PRACTICABLE.
S. 3254--A 7
1 (C) EACH DISTRICT SHALL CONSIST OF CONTIGUOUS TERRITORY; NO DISTRICT
2 SHALL CONSIST OF PARTS ENTIRELY SEPARATED BY THE TERRITORY OF ANOTHER
3 DISTRICT OF THE SAME BODY, WHETHER SUCH TERRITORY BE LAND OR WATER,
4 POPULATED OR UNPOPULATED. A POPULATED CENSUS BLOCK SHALL NOT BE DIVIDED
5 BY A DISTRICT BOUNDARY, UNLESS IT CAN BE DETERMINED THAT THE POPULATED
6 PART OF SUCH BLOCK IS WITHIN A SINGLE DISTRICT.
7 (D) THE WHOLE NUMBER OF PERSONS REPORTED IN THE FEDERAL DECENNIAL
8 CENSUS SHALL BE THE BASIS FOR DETERMINING POPULATIONS FOR THE PURPOSES
9 OF THIS SECTION, EXCEPT THAT, FOR THE PURPOSE OF DETERMINING THE POPU-
10 LATIONS OF SENATE AND ASSEMBLY DISTRICTS, NO PERSON SHALL BE DEEMED TO
11 HAVE GAINED OR LOST A RESIDENCE BY REASON OF CONVICTION AND INCARCERA-
12 TION IN A FEDERAL OR STATE CORRECTIONAL FACILITY.
13 (E) SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICTS SHALL NOT BE ESTAB-
14 LISHED THAT RESULT IN A DENIAL TO MEMBERS OF RACIAL AND LINGUISTIC
15 MINORITY GROUPS OF AN EQUAL OPPORTUNITY WITH OTHER CITIZENS TO PARTIC-
16 IPATE IN THE POLITICAL PROCESS AND TO ELECT THE REPRESENTATIVES OF THEIR
17 CHOICE. THE PRINCIPLES STATED IN PARAGRAPH (F) OF THIS SUBDIVISION SHALL
18 BE USED TO CREATE DISTRICTS THAT WILL AFFORD FAIR REPRESENTATION TO THE
19 MEMBERS OF THOSE RACIAL AND LINGUISTIC MINORITY GROUPS WHO ARE SUFFI-
20 CIENTLY NUMEROUS AND WHOSE RESIDENTIAL PATTERNS AFFORD THE OPPORTUNITY
21 OF CREATING DISTRICTS IN WHICH THEY WILL BE ABLE TO ELECT REPRESEN-
22 TATIVES OF THEIR CHOICE.
23 (F) SUBJECT AND SUBSIDIARY TO THE REQUIREMENTS OF PARAGRAPHS (A), (B),
24 (C), (D), AND (E) OF THIS SUBDIVISION, THE FOLLOWING PRINCIPLES SHALL BE
25 FOLLOWED IN THE CREATION OF SENATE, ASSEMBLY, AND CONGRESSIONAL
26 DISTRICTS. A PRINCIPLE WITH A LOWER NUMBER SHALL HAVE PRECEDENCE OVER A
27 PRINCIPLE WITH A HIGHER NUMBER.
28 (I) TO THE EXTENT POSSIBLE, COUNTIES SHALL NOT BE DIVIDED IN THE
29 FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUN-
30 TY PURSUANT TO STATE LAW.
31 (II) WHERE POSSIBLE, COUNTY SUBDIVISIONS SHALL NOT BE DIVIDED IN THE
32 FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUN-
33 TY SUBDIVISION. FOR THE PURPOSES OF THIS SECTION, A COUNTY SUBDIVISION
34 SHALL BE A CITY (EXCEPT FOR A CITY WITH A POPULATION OF ONE MILLION OR
35 MORE), A TOWN, OR AN INDIAN RESERVATION WHOSE TERRITORY IS EXCLUSIVE OF
36 THE TERRITORY OF ANY CITY OR TOWN. TO THE EXTENT POSSIBLE, COUNTY SUBDI-
37 VISIONS WITH LARGER POPULATIONS SHALL BE DIVIDED IN PREFERENCE TO DIVI-
38 SION OF THOSE WITH SMALLER POPULATIONS.
39 (III) IF A TOWN MUST BE DIVIDED, WHERE POSSIBLE, INCORPORATED VILLAGES
40 SHALL NOT BE DIVIDED.
41 (IV) SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS SHALL BE AS COMPACT
42 IN FORM AS IS POSSIBLE. PLANS OF SENATE, ASSEMBLY, OR CONGRESSIONAL
43 DISTRICTS SHALL BE COMPARED, USING AVERAGE NUMERICAL MEASURES, FOR EACH
44 SUCH PLAN, OF: (1) GEOGRAPHIC DISPERSION, THE DEGREE TO WHICH THE TERRI-
45 TORY OF DISTRICTS IS EITHER TIGHTLY PACKED OR WIDELY SPREAD OUT, (2) THE
46 RELATION OF THE PERIMETER LENGTHS TO THE AREAS OF DISTRICTS, AND (3) THE
47 DISPERSION OF THE POPULATIONS OF DISTRICTS; BUT NO MEASURE SHALL BE
48 EMPLOYED THAT IS SCALE-SENSITIVE, ACCORDING DIFFERENT WEIGHT TO THE
49 COMPACTNESS OF DISTRICTS IN RURAL, AS COMPARED WITH URBAN AREAS, OR
50 YIELDING DIFFERENT MEASURES FOR IDENTICALLY SHAPED DISTRICTS THAT DIFFER
51 ONLY IN ABSOLUTE SIZE.
52 (V) TO THE EXTENT POSSIBLE, A SENATE, ASSEMBLY, OR CONGRESSIONAL
53 DISTRICT SHALL UNITE COMMUNITIES DEFINED BY ACTUAL SHARED INTERESTS,
54 TAKING ACCOUNT OF GEOGRAPHIC, SOCIAL, ECONOMIC, AND OTHER FACTORS THAT
55 INDICATE COMMONALITY OF INTEREST, AND DISTRICTS SHALL BE FORMED SO AS TO
56 PROMOTE THE ORDERLY AND EFFICIENT ADMINISTRATION OF ELECTIONS.
S. 3254--A 8
1 (VI) TO THE EXTENT POSSIBLE, THE RESIDENCES OF TWO OR MORE INCUMBENT
2 MEMBERS OF THE SAME BODY SHALL NOT BE PLACED IN THE SAME DISTRICT OF
3 SUCH BODY, AND THE RESIDENCES OF INCUMBENT LEGISLATORS AND MEMBERS OF
4 CONGRESS SHALL BE INCLUDED IN THE DISTRICT WITH THE LARGEST NUMBER OF
5 THEIR EXISTING CONSTITUENTS, BUT THE REQUIREMENTS OF PARAGRAPHS (A),
6 (B), (C), (D), AND (E) OF THIS SUBDIVISION, AND OF SUBPARAGRAPHS (I),
7 (II), (III), (IV), AND (V) OF THIS PARAGRAPH, SHALL ALWAYS TAKE PRECED-
8 ENCE OVER, AND SHALL NEVER BE SUBORDINATED TO, THE REQUIREMENTS OF THIS
9 SUBPARAGRAPH OR THE PRESERVATION OF THE CORES OF EXISTING DISTRICTS.
10 S 2. This act shall take effect immediately; provided, however, that
11 the amendments to section 83-m of the legislative law made by section
12 one of this act shall not affect the repeal of such section and shall be
13 deemed repealed therewith.
