S T A T E   O F   N E W   Y O R K
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                                  5602

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to  amend  the legislative law, in relation to apportionment of
  congressional, senate and assembly districts; and  to  repeal  section
  83-m of such law relating to the legislative task force on demographic
  research and reapportionment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 5-a of  the  legislative  law,  as
added  by  chapter  630  of  the  laws of 1998, the opening paragraph as
amended by section 1 of part QQ of chapter 56 of the laws  of  2010,  is
amended to read as follows:
  3. Any member of the assembly serving in a special capacity in a posi-
tion set forth in the following schedule shall be paid the allowance set
forth  in such schedule only for the legislative term commencing January
first, two thousand eleven and terminating  December  thirty-first,  two
thousand twelve:

                 ASSEMBLYMEN SERVING IN SPECIAL CAPACITY

Chairman of legislative commission on public management
 systems ........................................................ 12,500
Chairman of legislative commission on science and
 technology ..................................................... 12,500
Co-chairman of the legislative commission on water
 resource needs of New York state and Long Island ......... no allowance
[Co-chairman of the legislative task force on
 demographic research and reapportionment ...................... 15,000]
Chairman of the assembly task force on farm,
 food and nutrition ............................................. 12,500
Ranking minority member of the assembly task force

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03505-01-1
              

A. 5602                             2

 on farm, food and nutrition ..................................... 9,000
Chairman of the legislative commission on skills
 development and career education ............................... 12,500
Vice-Chairman of the legislative commission on the
 development of rural resources ................................. 12,500
  S  2.  Subdivision 5 of section 12 of the legislative law, as added by
chapter 141 of the laws of 1994, is amended to read as follows:
  5. Notwithstanding any provision of law to the contrary, services  and
expenses  of the legislative health service, legislative library, legis-
lative messenger service, legislative  ethics  committee,  [joint  oper-
ations  of  the legislative task force on demographic research and reap-
portionment] APPORTIONMENT COMMISSION, and contributions to the national
conference of state legislatures shall be payable after audit by and  on
the  warrant of the comptroller upon vouchers certified by the temporary
president of the senate or his or her designee and the  speaker  of  the
assembly or his or her designee.
  S 3. Section 83-m of the legislative law is REPEALED.
  S  4.  The  legislative  law is amended by adding a new article 6-A to
read as follows:
                                ARTICLE 6-A
                     APPORTIONMENT OF CONGRESSIONAL
                     AND STATE LEGISLATIVE DISTRICTS
SECTION 93. LEGISLATIVE INTENT.
        94. APPORTIONMENT NOMINATIONS COMMITTEE.
        95. POWERS AND DUTIES OF COMMITTEE.
        96. APPORTIONMENT COMMISSION.
        97. POWERS AND DUTIES OF COMMISSION.
        98. APPORTIONMENT.
        99. APPLICATION OF ARTICLE.
  S 93. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY  FINDS  AND  DECLARES
THAT:
  1.  THERE  IS  A  NEED  FOR INTENSIVE AND THOROUGH STUDY, RESEARCH AND
INQUIRY INTO THE TECHNIQUES AND METHODOLOGY TO BE USED BY THE BUREAU  OF
THE  CENSUS OF THE UNITED STATES COMMERCE DEPARTMENT IN CARRYING OUT THE
DECENNIAL FEDERAL CENSUS;
  2. A TECHNICAL PLAN WILL BE NEEDED  TO  MEET  THE  REQUIREMENTS  OF  A
LEGISLATIVE  TIMETABLE  FOR A REAPPORTIONMENT OF THE SENATE AND ASSEMBLY
DISTRICTS AND THE CONGRESSIONAL DISTRICTS OF THE  STATE  BASED  ON  SUCH
CENSUS; AND
  3. THE APPORTIONMENT COMMISSION IS NECESSARY TO ASSIST THE LEGISLATURE
IN  THE PERFORMANCE OF ITS RESPONSIBILITIES AND IN THE CONDUCT OF LEGIS-
LATIVE RESEARCH PROJECTS RELATING THERETO.
  S 94. APPORTIONMENT NOMINATIONS COMMITTEE. 1. ON OR BEFORE  THE  FIRST
OF DECEMBER OF EACH YEAR ENDING WITH A NINE OR AS SOON AS POSSIBLE AFTER
THE EFFECTIVE DATE OF THIS ARTICLE, THERE SHALL BE ESTABLISHED AN APPOR-
TIONMENT  NOMINATIONS  COMMITTEE  TO  SELECT  THOSE PERSONS WHO SHALL BE
ELIGIBLE TO BE APPOINTED AS  MEMBERS  OF  THE  APPORTIONMENT  COMMISSION
CREATED IN SECTION NINETY-SIX OF THIS ARTICLE. EACH SUCH COMMITTEE SHALL
REMAIN  IN EXISTENCE UNTIL ITS DUTIES PURSUANT TO SECTION NINETY-FIVE OF
THIS ARTICLE HAVE BEEN COMPLETED.
  2. THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL BE COMPOSED OF  EIGHT
MEMBERS, APPOINTED AS FOLLOWS:
  (A)  TWO  MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
  (B) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;

A. 5602                             3

  (C) TWO MEMBERS SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
SENATE; AND
  (D)  TWO  MEMBERS  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
ASSEMBLY.
  3.  THE  APPORTIONMENT  NOMINATIONS  COMMITTEE  SHALL  DESIGNATE   TWO
CO-CHAIRS  FROM  AMONG  ITS  MEMBERS  BY  A  SIMPLE MAJORITY VOTE OF ALL
MEMBERS.
  4. THE MEMBERS OF THE APPORTIONMENT  NOMINATIONS  COMMITTEE  SHALL  BE
REGISTERED VOTERS IN THIS STATE. NO MEMBER OF SUCH COMMITTEE SHALL:
  (A) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS AN ELECTED GOVERN-
MENTAL OFFICE;
  (B)  HOLD  OR  HAVE  HELD  WITHIN  THE  PREVIOUS  TWO  YEARS ANY OTHER
APPOINTED GOVERNMENTAL OR POLITICAL PARTY POSITION;
  (C) BE EMPLOYED OR HAVE BEEN EMPLOYED WITHIN THE PREVIOUS TWO YEARS IN
ANY OTHER POSITION BY THE UNITED STATES CONGRESS, THE STATE LEGISLATURE,
THE EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM  OR  THE  FEDERAL  COURT
SYSTEM;
  (D)  BE OR HAVE BEEN WITHIN THE PREVIOUS TWO YEARS A REGISTERED LOBBY-
IST IN THIS STATE PURSUANT TO ARTICLE ONE-A OF THIS CHAPTER;
  (E) BE THE SPOUSE OF ANY MEMBER OF THE  UNITED  STATES  CONGRESS,  THE
STATE  LEGISLATURE,  THE  EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM OR
THE FEDERAL COURT SYSTEM; OR
  (F) BE RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY  MEMBER
OF  THE  UNITED  STATES  CONGRESS,  THE STATE LEGISLATURE, THE EXECUTIVE
CHAMBER, THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM, OR TO THE
SPOUSE OF ANY SUCH PERSON.
  5. THE  MEMBERS  OF  THE  APPORTIONMENT  NOMINATIONS  COMMITTEE  SHALL
RECEIVE  NO  COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR
ACTUAL AND NECESSARY EXPENSES  INCURRED  IN  THE  PERFORMANCE  OF  THEIR
DUTIES.
  6.  THE  MEMBERS  OF  THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL BE
APPOINTED AND SERVE FOR THE DURATION OF SUCH COMMITTEE. ALL VACANCIES IN
THE MEMBERSHIP OF SUCH COMMITTEE SHALL BE FILLED IN THE MANNER  PROVIDED
FOR ORIGINAL APPOINTMENTS.
  S 95. POWERS AND DUTIES OF COMMITTEE. 1. THE APPORTIONMENT NOMINATIONS
COMMITTEE  SHALL  HAVE  THE POWER AND DUTY TO, ON OR BEFORE THE FIRST OF
MARCH IN EACH YEAR ENDING WITH A ZERO OR AS SOON AS POSSIBLE  AFTER  THE
EFFECTIVE  DATE  OF  THIS ARTICLE, ESTABLISH A LIST OF FORTY PERSONS WHO
SHALL BE ELIGIBLE TO  BE  APPOINTED  AS  MEMBERS  OF  THE  APPORTIONMENT
COMMISSION.  SUCH  LIST SHALL HEREINAFTER BE REFERRED TO IN THIS ARTICLE
AS THE "NOMINATIONS POOL".
  2. THE MEMBERS OF THE APPORTIONMENT  NOMINATIONS  COMMITTEE  SHALL  BY
MAJORITY VOTE SELECT EACH PERSON TO BE INCLUDED IN THE NOMINATIONS POOL.
UPON  COMPLETION OF SUCH POOL, SUCH COMMITTEE SHALL SUBMIT A COPY OF THE
NOMINATIONS POOL TO THE TEMPORARY PRESIDENT OF THE SENATE,  THE  SPEAKER
OF  THE  ASSEMBLY,  THE  MINORITY  LEADER OF THE SENATE AND THE MINORITY
LEADER OF THE ASSEMBLY.
  3. THE NOMINATIONS POOL SHALL INCLUDE:
  (A) FIFTEEN PERSONS WHO ARE ENROLLED AS DEMOCRATS;
  (B) FIFTEEN PERSONS WHO ARE ENROLLED AS REPUBLICANS; AND
  (C) TEN PERSONS WHO ARE NOT ENROLLED AS EITHER DEMOCRATS  OR  REPUBLI-
CANS.
  4. PERSONS SELECTED TO THE NOMINATIONS POOL SHALL BE REGISTERED VOTERS
IN THIS STATE. NO SUCH PERSON SHALL:
  (A) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS AN ELECTED GOVERN-
MENTAL OFFICE;

A. 5602                             4

  (B)  HOLD  OR  HAVE  HELD  WITHIN  THE  PREVIOUS  TWO  YEARS ANY OTHER
APPOINTED GOVERNMENTAL OR POLITICAL PARTY POSITION;
  (C)  BE A MEMBER OF THE APPORTIONMENT NOMINATIONS COMMITTEE CREATED IN
SECTION NINETY-FOUR OF THIS ARTICLE;
  (D) BE EMPLOYED OR HAVE BEEN EMPLOYED WITHIN THE PREVIOUS TWO YEARS IN
ANY OTHER POSITION BY THE UNITED STATES CONGRESS, THE STATE LEGISLATURE,
THE EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM  OR  THE  FEDERAL  COURT
SYSTEM;
  (E)  BE OR HAVE BEEN WITHIN THE PREVIOUS TWO YEARS A REGISTERED LOBBY-
IST IN THIS STATE PURSUANT TO ARTICLE ONE-A OF THIS CHAPTER;
  (F) BE THE SPOUSE OF ANY MEMBER OF THE  UNITED  STATES  CONGRESS,  THE
STATE  LEGISLATURE,  THE  EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM OR
THE FEDERAL COURT SYSTEM; OR
  (G) BE RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY  MEMBER
OF  THE  UNITED  STATES  CONGRESS,  THE STATE LEGISLATURE, THE EXECUTIVE
CHAMBER, THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM, OR TO THE
SPOUSE OF ANY SUCH PERSON.
  5. (A) THE NOMINATIONS POOL SHALL INCLUDE AT LEAST THREE PERSONS  FROM
EACH  OF  THE  FOLLOWING  REGIONS OF THE STATE, WITH THE REMAINDER TO BE
NOMINATED FROM SUCH REGIONS IN PROPORTION TO  THE  DISTRIBUTION  OF  THE
STATE'S POPULATION IN EACH REGION:
  (I) LONG ISLAND;
  (II) NEW YORK CITY;
  (III) HUDSON VALLEY;
  (IV) NORTHERN;
  (V) CENTRAL;
  (VI) SOUTHERN TIER; AND
  (VII) WESTERN.
  (B)  FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING REGIONS SHALL
BE COMPOSED OF THE FOLLOWING COUNTIES;
  (I) LONG ISLAND: THE COUNTIES OF NASSAU AND SUFFOLK;
  (II) NEW YORK CITY: THE COUNTIES OF BRONX, KINGS, NEW YORK, QUEENS AND
RICHMOND;
  (III) HUDSON VALLEY: THE COUNTIES OF  WESTCHESTER,  ROCKLAND,  PUTNAM,
ORANGE, DUTCHESS, ULSTER, COLUMBIA, GREENE, RENSSELAER, ALBANY AND SCHE-
NECTADY;
  (IV)  NORTHERN:  THE  COUNTIES OF SARATOGA, WASHINGTON, WARREN, ESSEX,
CLINTON, FRANKLIN, ST. LAWRENCE, HAMILTON, FULTON, HERKIMER,  LEWIS  AND
JEFFERSON;
  (V)  CENTRAL: THE COUNTIES OF SCHOHARIE, MONTGOMERY, OTSEGO, CHENANGO,
MADISON, ONEIDA, OSWEGO, CORTLAND, ONONDAGA AND CAYUGA;
  (VI) SOUTHERN TIER: THE COUNTIES OF SULLIVAN, DELAWARE, BROOME, TIOGA,
TOMPKINS, SCHUYLER, STEUBEN, ALLEGANY, CATTARAUGUS AND CHAUTAUQUA; AND
  (VII) WESTERN: THE COUNTIES OF SENECA, YATES, ONTARIO, WAYNE,  MONROE,
LIVINGSTON, WYOMING, GENESEE, ORLEANS, NIAGARA AND ERIE.
  6.  TO THE EXTENT PRACTICABLE, THE APPORTIONMENT NOMINATIONS COMMITTEE
SHALL ENSURE THAT THE NOMINATIONS POOL REFLECTS  THE  DIVERSITY  OF  THE
RESIDENTS OF THE STATE WITH REGARD TO RACE, ETHNICITY AND GENDER.
  S  96.  APPORTIONMENT  COMMISSION. 1. THERE SHALL BE CREATED AN APPOR-
TIONMENT COMMISSION TO ASSIST THE LEGISLATURE IN THE REAPPORTIONMENT  OF
CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS BASED ON THE ENSUING FEDER-
AL  CENSUS,  PURSUANT TO SECTION TWO OF ARTICLE ONE OF THE UNITED STATES
CONSTITUTION AND SECTIONS FOUR AND FIVE OF ARTICLE THREE  OF  THE  STATE
CONSTITUTION.
  2.  THE  APPORTIONMENT COMMISSION SHALL BE COMPOSED OF ELEVEN MEMBERS,
APPOINTED FROM THE NOMINATIONS POOL AS FOLLOWS:

A. 5602                             5

  (A) TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
SENATE;
  (B) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (C)  TWO  MEMBERS  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
SENATE;
  (D) TWO MEMBERS SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
ASSEMBLY; AND
  (E)  THREE  MEMBERS SHALL BE APPOINTED, ON OR BEFORE THE THIRTIETH DAY
AFTER A VACANCY IN ANY  SUCH  POSITION  OCCURS,  BY  THE  EIGHT  MEMBERS
APPOINTED  PURSUANT TO PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION BY
A VOTE OF NOT LESS THAN SIX MEMBERS IN FAVOR OF EACH  SUCH  APPOINTMENT,
AND EACH VACANCY IN ANY POSITION FILLED PURSUANT TO THIS PARAGRAPH SHALL
BE DEEMED TO CREATE VACANCIES IN ALL THREE POSITIONS HELD BY THE MEMBERS
SO  APPOINTED; PROVIDED THAT ANY SUCH MEMBER MAY BE REAPPOINTED PURSUANT
TO THIS PARAGRAPH. IN THE EVENT THAT THREE MEMBERS ARE NOT APPOINTED  ON
OR  BEFORE THE THIRTIETH DAY AFTER A VACANCY IN ANY SUCH POSITION OCCURS
IF:
  (I) TWO PERSONS ARE APPOINTED WITH THE REQUIRED SIX VOTES AND NO OTHER
PERSON RECEIVES SIX VOTES, THE THIRD SUCH MEMBER SHALL BE  APPOINTED  BY
THE CHIEF JUDGE OF THE COURT OF APPEALS WITHIN THIRTY DAYS THEREAFTER;
  (II)  ONE  PERSON  IS APPOINTED WITH THE REQUIRED SIX VOTES AND NO TWO
OTHER PERSONS RECEIVE SIX VOTES, THE  TWO  PERSONS  RECEIVING  THE  MOST
VOTES SHALL BE APPOINTED AS MEMBERS; AND
  (III)  NO  THREE  PERSONS RECEIVE SIX VOTES, THE TWO PERSONS RECEIVING
THE MOST VOTES SHALL BE APPOINTED AS MEMBERS AND THE THIRD MEMBER  SHALL
BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS.
  (F)  THE  CHAIR  SHALL  BE  DESIGNATED,  FROM  AMONG THE THREE MEMBERS
APPOINTED PURSUANT TO PARAGRAPH (E) OF THIS  SUBDIVISION,  BY  A  SIMPLE
MAJORITY  VOTE  OF  ALL  MEMBERS OF THE COMMISSION; PROVIDED THAT IF THE
COMMISSION FAILS TO DESIGNATE A CHAIR, THE CHAIR SHALL BE DESIGNATED  BY
THE CHIEF JUDGE OF THE COURT OF APPEALS.
  3. (A) NO MORE THAN FOUR MEMBERS OF THE APPORTIONMENT COMMISSION SHALL
BE ENROLLED IN THE SAME POLITICAL PARTY.
  (B)  TO  THE  EXTENT  PRACTICABLE,  THE  MEMBERS  OF THE APPORTIONMENT
COMMISSION SHALL REFLECT THE DIVERSITY OF THE RESIDENTS  OF  THIS  STATE
WITH REGARD TO RACE, ETHNICITY, GENDER AND GEOGRAPHIC RESIDENCE.
  4.  THE  TERMS  OF  THE  MEMBERS OF THE APPORTIONMENT COMMISSION SHALL
EXPIRE UPON THE FILING OF ALL APPORTIONMENT PLANS, PURSUANT TO  SUBDIVI-
SION  FOUR, FIVE AND/OR SIX OF SECTION NINETY-EIGHT OF THIS ARTICLE, THE
EXHAUSTION OF ANY JUDICIAL REVIEW OF AN APPORTIONMENT  PLAN  AND  APPOR-
TIONMENT  STATUTE,  AND  THE IMPLEMENTATION OF AN APPORTIONMENT STATUTE.
VACANCIES IN THE MEMBERSHIP OF THE COMMISSION SHALL  BE  FILLED  IN  THE
MANNER PROVIDED FOR ORIGINAL APPOINTMENTS.
  5. THE MEMBERS OF THE APPORTIONMENT COMMISSION AND ALL EMPLOYEES THER-
EOF SHALL BE DEEMED TO BE LEGISLATIVE EMPLOYEES.
  6.  THE  MEMBERS  OF  THE  APPORTIONMENT  COMMISSION  SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR  ACTUAL  AND
NECESSARY  EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT
TO THIS ARTICLE.
  7. A MINIMUM OF EIGHT MEMBERS OF THE  APPORTIONMENT  COMMISSION  SHALL
CONSTITUTE  A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE
OF ANY POWER OF SUCH COMMISSION, PROVIDED THAT NO EXERCISE OF ANY  POWER
OF THE APPORTIONMENT COMMISSION SHALL OCCUR WITHOUT THE AFFIRMATIVE VOTE
OF SEVEN MEMBERS THEREOF.
  S  97.  POWERS  AND DUTIES OF COMMISSION. THE APPORTIONMENT COMMISSION
SHALL HAVE THE POWER AND DUTY TO:

A. 5602                             6

  1. EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS IT MAY DEEM  NECES-
SARY  FOR  THE  PERFORMANCE  OF ITS FUNCTIONS AND FIX THEIR COMPENSATION
WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR;
  2.  MEET  WITHIN  AND WITHOUT THE STATE, HOLD PUBLIC HEARINGS AND HAVE
ALL THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THIS CHAPTER;
  3. REQUEST, RECEIVE AND UTILIZE SUCH FACILITIES,  RESOURCES  AND  DATA
(INCLUDING,  BUT  NOT  LIMITED  TO,  HISTORICAL  VOTING  INFORMATION AND
PATTERNS) OF ANY DEPARTMENT,  DIVISION,  BOARD,  BUREAU,  COMMISSION  OR
AGENCY  OF  THE  STATE  OR  ANY  POLITICAL SUBDIVISION THEREOF AS IT MAY
REASONABLY REQUEST TO PROPERLY CARRY OUT ITS POWERS AND DUTIES  PURSUANT
TO THIS ARTICLE;
  4. ACQUIRE AND UTILIZE ALL MATERIALS AND EQUIPMENT NECESSARY TO ESTAB-
LISH  APPORTIONMENT PLANS PURSUANT TO SECTION NINETY-EIGHT OF THIS ARTI-
CLE;
  5. PREPARE THE NECESSARY DESCRIPTIONS FOR THE GEOGRAPHIC UNITS OF  THE
STATE FOR USE BY THE FEDERAL CENSUS BUREAU IN REPORTING DECENNIAL FEDER-
AL CENSUS DATA;
  6.  ENGAGE  IN SUCH RESEARCH STUDIES AND OTHER ACTIVITIES AS NECESSARY
OR APPROPRIATE IN THE PREPARATION AND FORMULATION OF  A  REAPPORTIONMENT
PLAN  FOR  THE  NEXT  ENSUING  REAPPORTIONMENT  OF  SENATE  AND ASSEMBLY
DISTRICTS AND CONGRESSIONAL DISTRICTS OF THE STATE AND IN  THE  UTILIZA-
TION  OF  CENSUS  AND  OTHER DEMOGRAPHIC AND STATISTICAL DATA FOR POLICY
ANALYSIS, PROGRAM DEVELOPMENT AND PROGRAM EVALUATION  PURPOSES  FOR  THE
LEGISLATURE;
  7. SELL SURVEYS, DATA, COPIES OF TABULATIONS AND OTHER SPECIAL STATIS-
TICAL  COMPILATIONS  AND  MATERIALS  TO  DEPARTMENTS, AGENCIES AND OTHER
ENTITIES OF FEDERAL, STATE OR LOCAL GOVERNMENT,  OF  FOREIGN  COUNTRIES,
AND  TO PUBLIC BENEFIT CORPORATIONS, OR OTHER PUBLIC, NOT-FOR-PROFIT AND
PRIVATE PERSONS AND AGENCIES, UPON PAYMENT OF FEES AT  LEAST  SUFFICIENT
TO  PAY THE ACTUAL OR ESTIMATED COST OF SUCH PROJECTS. IN FURTHERANCE OF
SUCH SALE, THE APPORTIONMENT COMMISSION MAY EXECUTE CONTRACTS  FOR  SUCH
PURPOSE;
  8.  PREPARE  MAPS  OF  CITIES,  TOWNS  AND  COUNTIES  OF THE STATE FOR
DESCRIBING CONGRESSIONAL, SENATE AND  ASSEMBLY  DISTRICTS,  AND  PREPARE
APPORTIONMENT PLANS AND LEGISLATION; AND
  9.  MAKE  AVAILABLE TO THE PUBLIC IN PRINT FORM AND IN ELECTRONIC FORM
ON THE INTERNET, USING THE BEST AVAILABLE TECHNOLOGY, ALL  APPORTIONMENT
PLANS,  RELEVANT DATA AND MAPMAKING SOFTWARE USED TO PREPARE SUCH PLANS,
INFORMATION ON THE MEMBERS OF THE APPORTIONMENT COMMISSION AND ALL OTHER
RELEVANT INFORMATION DERIVED FROM THE OPERATION OF THIS ARTICLE.
  S 98. APPORTIONMENT.  1.  THE  APPORTIONMENT  COMMISSION  SHALL,  UPON
RECEIPT  OF  THE FEDERAL DECENNIAL CENSUS FOR THE STATE, BEGIN TO ESTAB-
LISH A PLAN FOR THE APPORTIONMENT OF CONGRESSIONAL, SENATE AND  ASSEMBLY
DISTRICTS IN THE STATE.
  2.  THE  FOLLOWING  REQUIREMENTS  AND  PRINCIPLES  SHALL BE APPLIED IN
ESTABLISHING A PLAN FOR SUCH DISTRICTS:
  (A) ALL CONGRESSIONAL DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION
AS IS PRACTICABLE.
  (B) EACH DISTRICT SHALL CONSIST OF CONTIGUOUS TERRITORY;  NO  DISTRICT
SHALL  CONSIST  OF  PARTS ENTIRELY SEPARATED BY THE TERRITORY OF ANOTHER
DISTRICT OF THE SAME BODY, WHETHER SUCH  TERRITORY  BE  LAND  OR  WATER,
POPULATED  OR UNPOPULATED. A POPULATED CENSUS BLOCK SHALL NOT BE DIVIDED
BY A DISTRICT BOUNDARY, UNLESS IT CAN BE DETERMINED THAT  THE  POPULATED
PART OF SUCH BLOCK IS WITHIN A SINGLE DISTRICT.
  (C)  SENATE,  ASSEMBLY, OR CONGRESSIONAL DISTRICTS SHALL NOT BE ESTAB-
LISHED THAT ARE INTENDED TO OR RESULT IN  A  DENIAL  OR  ABRIDGEMENT  OF

A. 5602                             7

MINORITY  VOTING  RIGHTS INCLUDING THE OPPORTUNITY OF MINORITY VOTERS TO
PARTICIPATE IN THE POLITICAL PROCESS, AND TO  ELECT  THE  CANDIDATES  OF
THEIR CHOICE.
  (D)  SENATE,  ASSEMBLY,  OR CONGRESSIONAL DISTRICTS SHALL NOT BE DRAWN
WITH AN INTENT TO FAVOR OR OPPOSE ANY  POLITICAL  PARTY,  ANY  INCUMBENT
FEDERAL  OR  STATE LEGISLATOR, OR ANY PREVIOUS OR PRESUMED CANDIDATE FOR
OFFICE.
  (E) SUBJECT TO THE REQUIREMENTS OF PARAGRAPHS (A), (B), (C) AND (D) OF
THIS SUBDIVISION, THE FOLLOWING PRINCIPLES  SHALL  BE  FOLLOWED  IN  THE
CREATION  OF SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS TO THE EXTENT
PRACTICABLE. A PRINCIPLE WITH A LOWER NUMBER SHALL HAVE PRECEDENCE  OVER
A PRINCIPLE WITH A HIGHER NUMBER.
  (I)  THE  MOST AND LEAST POPULOUS SENATE DISTRICTS SHALL NOT EXCEED OR
BE LOWER THAN THE MEAN POPULATION OF ALL SENATE DISTRICTS BY  MORE  THAN
ONE  PERCENT,  AND  THE MOST AND LEAST POPULOUS ASSEMBLY DISTRICTS SHALL
NOT EXCEED OR  BE  LOWER  THAN  THE  MEAN  POPULATION  OF  ALL  ASSEMBLY
DISTRICTS  BY  MORE  THAN  ONE PERCENT. IN NO EVENT SHALL THE COMMISSION
ADVANTAGE ANY REGION OF THE STATE OVER ANY OTHER  BY  CREATING  MULTIPLE
DISTRICTS  THEREIN EXCEEDING, OR LOWER THAN, THE MEAN POPULATION BY MORE
THAN ONE PERCENT.
  (II) COUNTIES SHALL NOT BE DIVIDED  IN  THE  FORMATION  OF  DISTRICTS,
EXCEPT  TO  CREATE DISTRICTS WHOLLY WITHIN A COUNTY. WHERE SUCH DIVISION
OF COUNTIES IS UNAVOIDABLE, MORE POPULOUS COUNTIES SHALL BE  DIVIDED  IN
PREFERENCE TO THE DIVISION OF LESS POPULOUS COUNTIES.
  (III)  COUNTY  SUBDIVISIONS  SHALL  NOT BE DIVIDED IN THE FORMATION OF
DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN  A  COUNTY  SUBDIVI-
SION.  FOR THE PURPOSES OF THIS ARTICLE, A COUNTY SUBDIVISION SHALL BE A
CITY, EXCEPT THE CITY OF NEW YORK, A  TOWN,  OR  AN  INDIAN  RESERVATION
WHOSE TERRITORY IS EXCLUSIVE OF THE TERRITORY OF ANY CITY OR TOWN. COUN-
TY  SUBDIVISIONS  WITH LARGER POPULATIONS SHALL BE DIVIDED IN PREFERENCE
TO THE DIVISION OF THOSE WITH SMALLER POPULATIONS.
  (IV) INCORPORATED VILLAGES SHALL NOT BE DIVIDED IN  THE  FORMATION  OF
DISTRICTS.
  (V)  THE  SENATE,  ASSEMBLY,  AND  CONGRESSIONAL DISTRICTS SHALL BE AS
COMPACT IN FORM AS POSSIBLE.
  (VI) A SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICT SHALL UNITE  COMMU-
NITIES DEFINED BY ACTUAL SHARED INTERESTS, TAKING ACCOUNT OF GEOGRAPHIC,
SOCIAL,  ECONOMIC, AND OTHER FACTORS THAT INDICATE COMMONALITY OF INTER-
EST, AND DISTRICTS SHALL BE FORMED SO AS  TO  PROMOTE  THE  ORDERLY  AND
EFFICIENT ADMINISTRATION OF ELECTIONS.
  3. DURING THE PREPARATION OF THE APPORTIONMENT PLAN, THE APPORTIONMENT
COMMISSION  SHALL  CONDUCT NOT LESS THAN ONE PUBLIC HEARING ON PROPOSALS
FOR THE APPORTIONMENT OF CONGRESSIONAL AND STATE  LEGISLATIVE  DISTRICTS
IN  EACH OF THE FOLLOWING (A) CITIES: ALBANY, BUFFALO, SYRACUSE, ROCHES-
TER, GLEN COVE, AND WHITE PLAINS; AND (B) COUNTIES:  BRONX,  KINGS,  NEW
YORK,  QUEENS  AND RICHMOND. PUBLIC NOTICE OF ALL SUCH HEARINGS SHALL BE
WIDELY PUBLISHED BY THE APPORTIONMENT COMMISSION IN ADVANCE THROUGH  ALL
AVAILABLE  MEANS.  TO  THE EXTENT PRACTICABLE, ALL SUCH HEARINGS AND THE
PROCEEDINGS OF THE APPORTIONMENT  COMMISSION  SHALL  BE  TELEVISED.  THE
APPORTIONMENT  COMMISSION SHALL REPORT THE FINDINGS OF ALL SUCH HEARINGS
TO THE LEGISLATURE UPON SUBMISSION OF THE APPORTIONMENT PLAN PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION.
  4. (A) ON OR BEFORE THE FIFTEENTH OF MAY IN EACH YEAR  ENDING  WITH  A
ONE  OR  WITHIN SIXTY DAYS OF RECEIVING THE FEDERAL DECENNIAL CENSUS FOR
THE STATE, WHICHEVER IS LATER, THE APPORTIONMENT COMMISSION SHALL SUBMIT
TO THE LEGISLATURE AND DISSEMINATE TO THE PUBLIC AN  APPORTIONMENT  PLAN

A. 5602                             8

FOR  ALL  CONGRESSIONAL  AND STATE LEGISLATIVE DISTRICTS, ALONG WITH THE
LEGISLATION NECESSARY TO IMPLEMENT SUCH PLAN. UPON RECEIPT OF SUCH PLAN,
THE IMPLEMENTING LEGISLATION THEREFOR SHALL BE INTRODUCED IN BOTH HOUSES
OF THE LEGISLATURE WITHOUT ANY AMENDMENTS WITHIN FIVE DAYS.
  (B)  ON OR BEFORE THE FIRST OF JUNE FOLLOWING THE DISSEMINATION OF THE
APPORTIONMENT PLAN TO THE PUBLIC,  THE  APPORTIONMENT  COMMISSION  SHALL
CONDUCT  NOT  LESS THAN ONE PUBLIC HEARING ON SUCH APPORTIONMENT PLAN IN
EACH OF THE CITIES AND COUNTIES DELINEATED IN PARAGRAPHS (A) AND (B)  OF
SUBDIVISION  THREE OF THIS SECTION, AND SHALL REPORT THE FINDINGS OF ALL
SUCH HEARINGS TO THE LEGISLATURE.
  (C) THE LEGISLATION INTRODUCED  PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
SUBDIVISION  SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH SUCH HOUSES
OF THE LEGISLATURE WITHIN SEVEN DAYS AFTER THE APPORTIONMENT  COMMISSION
REPORTS  THE  FINDINGS  OF  ITS  PUBLIC  HEARING  TO THE LEGISLATURE. IF
APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR
WITHIN FIVE DAYS.
  5. IF (A) EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION SUBMITTED
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION WITHIN TWENTY-ONE  DAYS  OF
ITS  SUBMISSION, OR (B) THE GOVERNOR SHALL VETO SUCH LEGISLATION AND THE
LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO WITHIN FIFTEEN DAYS OF SUCH
VETO, THE APPORTIONMENT COMMISSION SHALL HOLD  AN  OPEN  HEARING  WITHIN
FIFTEEN DAYS OF SAID FAILURE TO PASS THE LEGISLATION AS IN PARAGRAPH (A)
OF  THIS  SUBDIVISION  OR  FAILURE TO OVERRIDE THE GOVERNOR'S VETO AS IN
PARAGRAPH (B) OF THIS SUBDIVISION AT  WHICH  THE  SPEAKER  AND  MINORITY
LEADER  OF  THE ASSEMBLY AND THE TEMPORARY PRESIDENT AND MINORITY LEADER
OF THE SENATE, OR EACH OF  THEIR  DESIGNEES  SHALL  TESTIFY  AS  TO  THE
REASONS  THAT  THE  LEGISLATION  DID  NOT BECOME LAW, AND MEMBERS OF THE
PUBLIC WILL ALSO BE INVITED TO TESTIFY.  WITHIN  FIFTEEN  DAYS  OF  SUCH
HEARING,  THE APPORTIONMENT COMMISSION SHALL ESTABLISH AND SUBMIT TO THE
LEGISLATURE A SECOND APPORTIONMENT PLAN AND THE  NECESSARY  IMPLEMENTING
LEGISLATION  FOR SUCH PLAN. UPON RECEIPT OF SUCH SECOND PLAN, THE IMPLE-
MENTING LEGISLATION THEREFOR SHALL BE INTRODUCED IN BOTH HOUSES  OF  THE
LEGISLATURE  WITHOUT  ANY  AMENDMENTS WITHIN FIVE DAYS. SUCH LEGISLATION
SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH SUCH HOUSES WITHIN TWEN-
TY-ONE DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS INTRODUCTION.  IF
APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR
WITHIN FIVE DAYS.
  6. IF (A) EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION SUBMITTED
PURSUANT  TO  SUBDIVISION FIVE OF THIS SECTION WITHIN TWENTY-ONE DAYS OF
ITS SUBMISSION, OR (B) THE GOVERNOR SHALL VETO SUCH LEGISLATION AND  THE
LEGISLATURE  FAILS  TO  OVERRIDE  SUCH VETO THE APPORTIONMENT COMMISSION
SHALL HOLD AN OPEN HEARING WITHIN FIFTEEN DAYS OF SAID FAILURE  TO  PASS
THE  LEGISLATION  AS  IN PARAGRAPH (A) OF THIS SUBDIVISION OR FAILURE TO
OVERRIDE THE GOVERNOR'S VETO AS IN PARAGRAPH (B) OF THIS SUBDIVISION  AT
WHICH  THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT AND MINORITY LEADER OF THE SENATE, OR EACH OF THEIR  DESIGNEES
SHALL TESTIFY AS TO THE REASONS THAT THE LEGISLATION DID NOT BECOME LAW,
AND  MEMBERS  OF  THE  PUBLIC  WILL  ALSO  BE INVITED TO TESTIFY. WITHIN
FIFTEEN DAYS OF SUCH HEARING, THE APPORTIONMENT COMMISSION SHALL  ESTAB-
LISH  AND  SUBMIT  TO THE LEGISLATURE A THIRD APPORTIONMENT PLAN AND THE
NECESSARY IMPLEMENTING LEGISLATION FOR SUCH PLAN. UPON RECEIPT  OF  SUCH
THIRD  PLAN, THE IMPLEMENTING LEGISLATION WITH ANY AMENDMENTS THE LEGIS-
LATURE SHALL DEEM NECESSARY SHALL BE INTRODUCED IN BOTH  HOUSES  OF  THE
LEGISLATURE  WITHIN FIVE DAYS. ALL SUCH AMENDMENTS SHALL COMPLY WITH THE
PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. SUCH LEGISLATION SHALL BE
VOTED UPON BY BOTH SUCH HOUSES WITHIN TWENTY-ONE DAYS,  BUT  NOT  SOONER

A. 5602                             9

THAN  SEVEN  DAYS,  AFTER ITS INTRODUCTION. IF APPROVED, THE LEGISLATURE
SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR WITHIN FIVE DAYS.
  S  99.  APPLICATION  OF  ARTICLE.  1. THE PROCESS FOR APPORTIONMENT OF
CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS ESTABLISHED BY THIS  ARTI-
CLE  SHALL  BE  THE EXCLUSIVE MEANS BY WHICH SUCH APPORTIONMENT SHALL BE
COMPLETED IN THIS STATE. EVERY APPORTIONMENT OF CONGRESSIONAL  OR  STATE
LEGISLATIVE  DISTRICTS  PERFORMED IN VIOLATION OF THE PROVISIONS OF THIS
ARTICLE SHALL BE VOID. IN ANY PROCEEDING RELATING  TO  APPORTIONMENT  OF
CONGRESSIONAL  OR STATE LEGISLATIVE DISTRICTS, THE COURT SHALL IMPLEMENT
THE PLAN THAT BEST SERVES THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION
NINETY-EIGHT OF THIS ARTICLE.
  2. AN APPORTIONMENT STATUTE SHALL REMAIN  IN  FULL  FORCE  AND  EFFECT
UNTIL  A  SUBSEQUENT  APPORTIONMENT  STATUTE,  BASED UPON THE SUCCEEDING
DECENNIAL FEDERAL CENSUS, TAKES  EFFECT,  UNLESS  MODIFIED  PURSUANT  TO
COURT ORDER.
  S 5. This act shall take effect immediately.