senate Bill S3419

Enacts the Redistricting Reform Act of 2011; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Feb / 2011
    • REFERRED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Enacts the Restricting Reform Act of 2011. Establishes an independent redistricting commission to create redistricting plans for congressional and state legislative districts based on decennial federal census, which shall be considered by and voted upon by the state legislature; eliminates the legislative task force on demographic research and reapportionment.

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Bill Details

See Assembly Version of this Bill:
A5388
Versions:
S3419
Legislative Cycle:
2011-2012
Current Committee:
Senate Investigations And Government Operations
Law Section:
Legislative Law
Laws Affected:
Amd §§5-a & 12, rpld §83-m, add Art 6-A §§93 -99, Leg L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A5388
2007-2008: A5891

Sponsor Memo

BILL NUMBER:S3419

TITLE OF BILL:

An act
to amend the legislative law, in relation to redistricting 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

PURPOSE:

This bill, titled the "Redistricting Reform Act of 2011," would
establish an independent redistricting commission that would draw
maps for congressional and state legislative district lines every ten
years following the U.S. Census.

SUMMARY OF PROVISIONS:

Section 1 of the bill would set forth its title as the "Redistricting
Reform Act of 2011."

Sections 2 of the bill would amend Legislative Law § 5-a to remove a
reference to the Legislative Task Force on Demographic Research and
Reapportionment (LATFOR).

Section 3 of the bill would amend Legislative Law § 12 to replace a
reference to LATFOR with the Independent Redistricting Commission
(Commission).

Section 4 of the bill would repeal Legislative Law § 93-m, which
concerns the formation of LATFOR.

Section 5 of the bill would amend the Legislative Law by adding a new
article 6-a, which would create an Independent Redistricting
Commission and Independent Redistricting Nominations Committee
(Nominations Committee). The Nominations Committee would be composed
of eight members, with the temporary president of the senate, speaker
of the assembly, minority leader of the senate, and minority leader of
the assembly each appointing one member, and the governor appointing
four members (two of whom would be registered Republicans, and two
Democrats). Members could not serve if they currently are or, in the
past four years, have been members of the Legislature or Congress,
were registered lobbyists, or held a political party position, or a
position as an employee of the Executive Chamber, Congress, or the
Legislature.

The Nominations Committee would develop a list of 40 persons known as
the "nominations pool" who would be vetted for conflicts of interest
(such as those conditions that would bar an individual from serving
on the Nominations Committee), and would consist of the following
individuals: 15 persons enrolled as Democrats, 15 persons enrolled as
Republicans, and 10 persons not enrolled as Democrats or Republicans.
The pool must also reflect the geographic, racial, ethnic, and gender
diversity of the State. The Nominations Committee would be required
to consult with organizations devoted to protecting the rights of


minority and other voters to participate in the political process
concerning potential candidates for nomination to the nominations pool.

The Independent Redistricting Commission would be selected from the
members of the nominations pool, with each legislative leader
(majority and minority) appointing two members, for a total of eight
members. The eight members would then appoint three additional
members, two of whom would serve as co-chairs of the Commission. No
more than four of the eight members appointed by the legislative
leaders would be enrolled in the same political party, and members
would be selected to represent the diversity of the State as
described above. The legislative leaders would be required to consult
with organizations devoted to the protection of minority and other
voters' rights concerning potential appointments to the Commission.

The Commission would be charged with developing redistricting plans
for Congress and the Legislature and would make such plans available
to the public both before and in the context of extensive public
hearings. The Commission would be required to hold numerous public
hearings throughout the State and, prior to its first hearing, would
post on its website extensive information concerning the plans under
development and the data involved in order to facilitate public
review, assessment, and critique of those plans, and the development
of alternative plans.
In particular, the Commission would be required to post its own
assessment of its draft plan's compliance with and service of the
requirements and principles set forth below, including the plan's
protection of minority voting rights.

All redistricting plans would be drawn according to the following
requirements, subject to the requirements of state and federal law:

- all congressional districts shall be as nearly equal in population as
practicable;

- districts shall be contiguous;

- districts shall not be established that are intended to or result in a
denial or abridgement of minority voting rights including the
opportunity of minority voters to participate in the political
process, and to elect the candidates of their choice, including but
not limited to minority populations with the opportunity to elect the
candidates of their choice without comprising a majority of the
district; and

- districts shall not be drawn with an intent to favor or oppose any
political party, any incumbent, or any previous or presumed candidate
for office;

Subject to the requirements above and those of state and federal law,
all redistricting plans would be drawn according to the following
principles:

- to the extent practicable, the most and least populous senate and
assembly districts shall not exceed the mean population of districts
for each house by more than one percent;


- districts shall unite communities of interest;

- to the extent practicable, counties and county subdivisions shall not
be divided in the formation of districts; and

- to the extent practicable, villages shall not be divided in the
formation of districts.

After the public hearings, the Legislature would approve or disapprove
the Commission's plans without amendments. If the proposal is
rejected, the Commission would submit an amended proposal after
hearing the reasons given by the Legislature regarding the first
plan's rejection at a public hearing. The second plan would be voted
upon by the Legislature again without amendments. If the second
proposal is also rejected, the Commission would submit a third plan
following further hearings. The third plan would be subject to
amendments, except that such amendments must comply with the
substantive criteria set forth above and could not affect more than
two percent of the population of any district.

Section 5 provides the immediate effective date of this bill.

EXISTING LAW:

The existing redistricting process is committed to the Legislature
with the assistance of LATFOR, as set forth in section 83-m and
other provisions of the Legislative Law.

STATEMENT IN SUPPORT:

The current process for drawing district lines in New York State has
been widely criticized as lacking independence from the Legislature,
serving partisan interests, and protecting incumbent office-holders
rather than the public interest. To restore public faith in our
state government, meaningful reform of the redistricting process is
necessary and such reform must create a new and permanent process
whose hallmarks are independence, transparency, and fair
representation.

BUDGET IMPLICATIONS:

This legislation is not expected to have a significant impact on the
budget.

EFFECTIVE DATE:

This bill would take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3419

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 18, 2011
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules

AN ACT to amend the legislative law, in  relation  to  redistricting  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.  This  act  shall be known and may be cited as the "Redis-
tricting Reform Act of 2011."
  S 2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12004-09-1

S. 3419                             2

 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
 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  3.  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] INDEPENDENT REDISTRICTING 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 4. Section 83-m of the legislative law is REPEALED.
  S 5. The legislative law is amended by adding a  new  article  6-A  to
read as follows:
                                ARTICLE 6-A
                     REDISTRICTING OF CONGRESSIONAL
                     AND STATE LEGISLATIVE DISTRICTS
SECTION 93. LEGISLATIVE FINDINGS AND INTENT.
        94. INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE.
        95. POWERS AND DUTIES OF COMMITTEE.
        96. INDEPENDENT REDISTRICTING COMMISSION.
        97. POWERS AND DUTIES OF COMMISSION.
        98. REDISTRICTING.
        99. APPLICATION OF ARTICLE.
  S  93.  LEGISLATIVE FINDINGS AND 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 REDISTRICTING OF  THE  SENATE  AND  ASSEMBLY
DISTRICTS  AND  THE  CONGRESSIONAL  DISTRICTS OF THE STATE BASED ON SUCH
CENSUS;
  3. AN INDEPENDENT REDISTRICTING COMMISSION IS NECESSARY TO ASSIST  THE
LEGISLATURE  IN  THE  PERFORMANCE  OF  ITS  RESPONSIBILITIES  AND IN THE
CONDUCT OF LEGISLATIVE RESEARCH PROJECTS RELATING THERETO; AND
  4. SUCH A COMMISSION IS NECESSARY TO PROTECT THE PUBLIC'S INTEREST  IN
FAIR  AND  PROPER  ELECTIONS,  INCLUDING BUT NOT LIMITED TO THE OPPORTU-
NITIES FOR MINORITY VOTERS TO PARTICIPATE IN THE POLITICAL  PROCESS  AND
TO ELECT REPRESENTATIVES OF THEIR CHOICE.
  S 94. INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE. 1. ON OR BEFORE
THE  FIRST  OF DECEMBER OF EACH YEAR ENDING WITH A NINE, EXCEPT THAT FOR
THE DEVELOPMENT OF THE REDISTRICTING PLAN  EFFECTIVE  FOR  TWO  THOUSAND
TWELVE,  THIS DATE SHALL BE NO MORE THAN THIRTY DAYS AFTER THE EFFECTIVE
DATE OF THIS ARTICLE, THERE SHALL BE ESTABLISHED AN  INDEPENDENT  REDIS-
TRICTING  NOMINATIONS  COMMITTEE  TO  SELECT  THOSE PERSONS WHO SHALL BE

S. 3419                             3

ELIGIBLE TO BE APPOINTED AS MEMBERS  OF  THE  INDEPENDENT  REDISTRICTING
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  INDEPENDENT  REDISTRICTING  NOMINATIONS  COMMITTEE  SHALL  BE
COMPOSED OF EIGHT MEMBERS, APPOINTED AS FOLLOWS:
  (A) ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY  PRESIDENT  OF  THE
SENATE;
  (B) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (C)  ONE  MEMBER  SHALL  BE  APPOINTED  BY  THE MINORITY LEADER OF THE
SENATE;
  (D) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY; AND
  (E) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, TWO OF WHOM SHALL
BE REGISTERED MEMBERS OF THE POLITICAL PARTY WITH THE LARGEST NUMBER  OF
ENROLLED  VOTERS  IN  NEW YORK STATE AND TWO OF WHOM SHALL BE REGISTERED
MEMBERS OF THE  POLITICAL  PARTY  WITH  THE  SECOND  LARGEST  NUMBER  OF
ENROLLED VOTERS IN NEW YORK STATE.
  3. THE INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE SHALL DESIGNATE
TWO  CO-CHAIRS  FROM  AMONG ITS MEMBERS BY A SIMPLE MAJORITY VOTE OF ALL
MEMBERS.
  4. THE MEMBERS OF THE INDEPENDENT REDISTRICTING NOMINATIONS  COMMITTEE
SHALL  BE  REGISTERED  VOTERS IN THIS STATE. NO MEMBER OF SUCH COMMITTEE
SHALL:
  (A) HAVE BEEN WITHIN THE PREVIOUS FOUR YEARS A MEMBER OF THE  LEGISLA-
TURE OR THE UNITED STATES CONGRESS;
  (B)  HOLD  OR  HAVE  HELD WITHIN THE PREVIOUS FOUR YEARS ANY POLITICAL
PARTY POSITION;
  (C) BE EMPLOYED OR HAVE BEEN EMPLOYED WITHIN THE PREVIOUS  FOUR  YEARS
IN  ANY OTHER POSITION BY THE UNITED STATES CONGRESS, THE STATE LEGISLA-
TURE, OR THE EXECUTIVE CHAMBER;
  (D) BE OR HAVE BEEN WITHIN THE PREVIOUS FOUR 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, OR THE EXECUTIVE CHAMBER;
  (F)  BE RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY MEMBER
OF THE UNITED STATES CONGRESS, THE STATE LEGISLATURE, OR  THE  EXECUTIVE
CHAMBER.
  5.  THE MEMBERS OF THE INDEPENDENT REDISTRICTING 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 INDEPENDENT REDISTRICTING 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 INDEPENDENT REDISTRICTING
NOMINATIONS COMMITTEE SHALL HAVE THE POWER AND DUTY TO, ON OR BEFORE THE
FIRST OF MARCH IN EACH YEAR ENDING WITH  A  ZERO  EXCEPT  THAT  FOR  THE
DEVELOPMENT OF THE REDISTRICTING PLAN EFFECTIVE FOR TWO THOUSAND TWELVE,
THIS  DATE  SHALL BE NO MORE THAT SIXTY DAYS AFTER THE EFFECTIVE DATE OF
THIS ARTICLE, ESTABLISH A LIST OF FORTY PERSONS WHO SHALL BE ELIGIBLE TO
BE APPOINTED AS MEMBERS OF  THE  INDEPENDENT  REDISTRICTING  COMMISSION.
SUCH LIST SHALL HEREINAFTER BE REFERRED TO IN THIS ARTICLE AS THE "NOMI-
NATIONS POOL".

S. 3419                             4

  2.  THE MEMBERS OF THE INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE
SHALL BY MAJORITY VOTE SELECT EACH PERSON TO BE INCLUDED  IN  THE  NOMI-
NATIONS 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)  HAVE BEEN WITHIN THE PREVIOUS FOUR YEARS A MEMBER OF THE LEGISLA-
TURE;
  (B) HOLD OR HAVE HELD WITHIN THE PREVIOUS  FOUR  YEARS  ANY  POLITICAL
PARTY POSITION;
  (C) BE A MEMBER OF THE INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE
CREATED IN SECTION NINETY-FOUR OF THIS ARTICLE;
  (D)  BE  EMPLOYED OR HAVE BEEN EMPLOYED WITHIN THE PREVIOUS FOUR YEARS
IN ANY OTHER POSITION BY THE UNITED STATES CONGRESS, THE STATE  LEGISLA-
TURE, OR THE EXECUTIVE CHAMBER;
  (E) BE OR HAVE BEEN WITHIN THE PREVIOUS FOUR 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, OR THE EXECUTIVE CHAMBER; OR
  (G) BE RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY  MEMBER
OF  THE  UNITED STATES CONGRESS, THE STATE LEGISLATURE, OR THE EXECUTIVE
CHAMBER.
  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

S. 3419                             5

  (VII) WESTERN: THE COUNTIES OF SENECA, YATES, ONTARIO, WAYNE,  MONROE,
LIVINGSTON, WYOMING, GENESEE, ORLEANS, NIAGARA AND ERIE.
  6.  TO  THE  EXTENT  PRACTICABLE,  THE INDEPENDENT REDISTRICTING NOMI-
NATIONS COMMITTEE SHALL ENSURE THAT THE NOMINATIONS  POOL  REFLECTS  THE
DIVERSITY  OF  THE RESIDENTS OF THE STATE WITH REGARD TO RACE, ETHNICITY
AND GENDER AND SHALL CONSULT WITH ORGANIZATIONS  DEVOTED  TO  PROTECTING
THE  VOTING  RIGHTS  OF  MINORITY  AND OTHER VOTERS CONCERNING POTENTIAL
MEMBERS OF THE NOMINATIONS POOL.
  S 96. INDEPENDENT REDISTRICTING COMMISSION. 1. THERE SHALL BE  CREATED
AN INDEPENDENT REDISTRICTING COMMISSION TO ASSIST THE LEGISLATURE IN THE
REDISTRICTING  OF  CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS BASED ON
THE ENSUING FEDERAL 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 INDEPENDENT REDISTRICTING COMMISSION SHALL BE COMPOSED OF ELEV-
EN MEMBERS, APPOINTED FROM THE NOMINATIONS POOL NO LATER  THAN  FOURTEEN
CALENDAR DAYS AFTER THE NOMINATION POOL HAS BEEN SELECTED, 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;
  (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  WITHIN  THIRTY  DAYS  OF  THE
APPOINTMENT  OF  THE LAST OF THE EIGHT LEGISLATIVE APPOINTEES, AND SHALL
BE APPOINTED 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.  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,  THE  FOLLOWING  SELECTION  PROCESS
SHALL GOVERN THE FILLING OF THOSE VACANCIES:
  (I)  IF  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) IF 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) IF 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 EIGHT MEMBERS APPOINTED PURSU-
ANT TO PARAGRAPHS (A) THROUGH (D) OF SUBDIVISION  TWO  OF  THIS  SECTION
SHALL BE ENROLLED IN THE SAME POLITICAL PARTY.
  (B)  TO  THE EXTENT PRACTICABLE, THE MEMBERS OF THE INDEPENDENT REDIS-
TRICTING COMMISSION SHALL REFLECT THE DIVERSITY OF THE RESIDENTS OF THIS
STATE WITH REGARD TO RACE, ETHNICITY, GENDER  AND  GEOGRAPHIC  RESIDENCE

S. 3419                             6

AND THE APPOINTING AUTHORITIES SHALL CONSULT WITH  ORGANIZATIONS DEVOTED
TO  PROTECTING THE VOTING RIGHTS OF MINORITY AND OTHER VOTERS CONCERNING
POTENTIAL APPOINTEES TO THE COMMISSION.
  4.  THE  TERMS OF THE MEMBERS OF THE INDEPENDENT REDISTRICTING COMMIS-
SION SHALL EXPIRE UPON THE FILING OF ALL REDISTRICTING  PLANS,  PURSUANT
TO  SUBDIVISION  FOUR,  FIVE  AND/OR SIX OF SECTION NINETY-EIGHT OF THIS
ARTICLE, THE EXHAUSTION OF ANY JUDICIAL REVIEW OF A  REDISTRICTING  PLAN
AND  APPORTIONMENT  STATUTE,  AND  THE IMPLEMENTATION OF A REDISTRICTING
STATUTE.  VACANCIES IN THE MEMBERSHIP OF THE COMMISSION SHALL BE  FILLED
WITHIN THIRTY DAYS IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS.
  5.   THE EMPLOYEES OF THE FORMER LEGISLATIVE TASK FORCE ON DEMOGRAPHIC
RESEARCH   AND   REAPPORTIONMENT   ESTABLISHED   PURSUANT   TO   SECTION
EIGHTY-THREE-M  OF THE LEGISLATIVE LAW SHALL BE TRANSFERRED TO THE INDE-
PENDENT REDISTRICTING COMMISSION AS EMPLOYEES OF THE STATE OF NEW  YORK,
SUBJECT  TO  THE  APPROVAL  OF THE DIRECTOR OF THE BUDGET. SUCH TRANSFER
SHALL NOT IN ANY WAY AFFECT THE CIVIL SERVICE  OR  PROFESSIONAL  STATUS,
CONTINUITY  OF  SERVICE,  RETIREMENT PLAN STATUS, COLLECTIVE NEGOTIATING
REPRESENTATION, RIGHT TO COMPENSATION, GRADE OR  COMPENSATION  OR  OTHER
RIGHTS  AND  PRIVILEGES  OF ANY EMPLOYEE SO TRANSFERRED. FOR PURPOSES OF
SECTIONS SEVENTY-THREE, SEVENTY-THREE-A AND SEVENTY-FOUR OF  THE  PUBLIC
OFFICERS LAW AND SECTION NINETY-FOUR OF THE EXECUTIVE LAW, THE INDEPEND-
ENT REDISTRICTING COMMISSION IS A STATE AGENCY, ITS MEMBER AND EMPLOYEES
OF WHICH ARE SUBJECT TO THE PROVISIONS THEREOF.
  6.  THE  MEMBERS  OF  THE  INDEPENDENT  REDISTRICTING 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 INDEPENDENT REDISTRICTING COMMIS-
SION 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 INDEPENDENT  REDISTRICTING  COMMISSION  SHALL  OCCUR
WITHOUT THE AFFIRMATIVE VOTE OF SEVEN MEMBERS THEREOF.
  S  97.  POWERS AND DUTIES OF COMMISSION. THE INDEPENDENT REDISTRICTING
COMMISSION SHALL HAVE THE POWER AND DUTY TO:
  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 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  REDISTRICTING 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  REDISTRICTING
PLAN FOR THE NEXT ENSUING REDISTRICTING OF SENATE AND ASSEMBLY DISTRICTS
AND  CONGRESSIONAL  DISTRICTS  OF  THE  STATE  AND IN THE UTILIZATION OF

S. 3419                             7

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  INDEPENDENT  REDISTRICTING  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
REDISTRICTING 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  REDISTRICTING
PLANS,  RELEVANT DATA AND MAPMAKING SOFTWARE USED TO PREPARE SUCH PLANS,
INFORMATION ON THE MEMBERS OF THE INDEPENDENT  REDISTRICTING  COMMISSION
AND  ALL  OTHER  RELEVANT INFORMATION DERIVED FROM THE OPERATION OF THIS
ARTICLE.
  S 98. REDISTRICTING.  1.  THE  INDEPENDENT  REDISTRICTING  COMMISSION,
SHALL  UPON RECEIPT OF THE FEDERAL DECENNIAL CENSUS FOR THE STATE, BEGIN
TO ESTABLISH A PLAN FOR THE REDISTRICTING OF CONGRESSIONAL,  SENATE  AND
ASSEMBLY DISTRICTS IN THE STATE.
  2. SUBJECT TO THE REQUIREMENTS OF STATE AND FEDERAL LAW, 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
MINORITY  VOTING  RIGHTS INCLUDING THE OPPORTUNITY OF MINORITY VOTERS TO
PARTICIPATE IN THE POLITICAL PROCESS, AND TO  ELECT  THE  CANDIDATES  OF
THEIR CHOICE, INCLUDING BUT NOT LIMITED TO MINORITY POPULATIONS WITH THE
OPPORTUNITY TO ELECT THE CANDIDATES OF THEIR CHOICE WITHOUT COMPRISING A
MAJORITY OF THE DISTRICT.
  (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 IN THE REDISTRICTING PLAN DEVELOPED BY THE COMMISSION.
  (E) SUBJECT TO THE REQUIREMENTS OF PARAGRAPHS (A), (B), (C) AND (D) OF
THIS SUBDIVISION AND THE REQUIREMENTS OF  STATE  AND  FEDERAL  LAW,  THE
FOLLOWING PRINCIPLES SHALL BE FOLLOWED IN THE CREATION OF SENATE, ASSEM-
BLY,  AND CONGRESSIONAL DISTRICTS. A PRINCIPLE WITH A LOWER NUMBER SHALL
HAVE PRECEDENCE OVER A PRINCIPLE WITH A HIGHER NUMBER.
  (I) TO THE EXTENT PRACTICABLE, 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  POPU-
LOUS ASSEMBLY DISTRICTS SHALL NOT EXCEED OR BE LOWER THAN THE MEAN POPU-
LATION  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

S. 3419                             8

CREATING MULTIPLE DISTRICTS THEREIN EXCEEDING, OR LOWER THAN,  THE  MEAN
POPULATION BY MORE THAN ONE PERCENT EXCEPT AS MAY BE MANDATED BY THE NEW
YORK CONSTITUTION OR FEDERAL LAW.
  (II)  TO  THE  EXTENT  POSSIBLE,  A SENATE, ASSEMBLY, OR CONGRESSIONAL
DISTRICT SHALL UNITE COMMUNITIES DEFINED  BY  ACTUAL  SHARED  INTERESTS,
TAKING  ACCOUNT  OF GEOGRAPHIC, SOCIAL, ECONOMIC, AND OTHER FACTORS THAT
INDICATE COMMONALITY OF INTEREST, AND DISTRICTS SHALL BE FORMED SO AS TO
PROMOTE THE ORDERLY AND EFFICIENT ADMINISTRATION OF ELECTIONS.
  (III) TO THE EXTENT PRACTICABLE, COUNTIES SHALL NOT BE DIVIDED IN  THE
FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUN-
TY.  TO  THE  EXTENT PRACTICABLE, IF ANY ASSEMBLY DISTRICT OR ANY SENATE
DISTRICT INCLUDES THE TERRITORY OF TWO COUNTIES, THEN NO OTHER  ASSEMBLY
DISTRICT  OR SENATE DISTRICT SHALL INCLUDE TERRITORY OF BOTH OF THE SAME
TWO COUNTIES.
  (IV) TO THE EXTENT  PRACTICABLE,  COUNTY  SUBDIVISIONS  SHALL  NOT  BE
DIVIDED IN THE FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY
WITHIN  A COUNTY SUBDIVISION. 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. COUNTY  SUBDIVISIONS  WITH  LARGER  POPULATIONS  SHALL  BE
DIVIDED IN PREFERENCE TO THE DIVISION OF THOSE WITH SMALLER POPULATIONS.
  (V)  TO  THE  EXTENT  PRACTICABLE,  INCORPORATED VILLAGES SHALL NOT BE
DIVIDED IN THE FORMATION OF DISTRICTS.
  3. (A) DURING THE PREPARATION OF THE REDISTRICTING PLAN, THE INDEPEND-
ENT REDISTRICTING COMMISSION SHALL CONDUCT  NOT  LESS  THAN  ONE  PUBLIC
HEARING  ON  PROPOSALS  FOR THE REDISTRICTING OF CONGRESSIONAL AND STATE
LEGISLATIVE DISTRICTS IN EACH  OF  THE  FOLLOWING  (I)  CITIES:  ALBANY,
BUFFALO,  SYRACUSE,  ROCHESTER,  AND  WHITE  PLAINS;  AND (II) COUNTIES:
BRONX, KINGS, NEW YORK, QUEENS AND RICHMOND. PUBLIC NOTICE OF  ALL  SUCH
HEARINGS  SHALL  BE  WIDELY  PUBLISHED  IN AVAILABLE MEDIA INCLUDING THE
INTERNET BY THE INDEPENDENT REDISTRICTING COMMISSION IN ADVANCE  IN  ANY
EVENT,  NO LESS THAN THIRTY DAYS BEFORE EVERY HEARING THROUGH ALL AVAIL-
ABLE MEANS. TO  THE  EXTENT  PRACTICABLE,  ALL  SUCH  HEARINGS  AND  THE
PROCEEDINGS  OF  THE INDEPENDENT REDISTRICTING COMMISSION SHALL BE TELE-
VISED OR WEBCAST. THE INDEPENDENT REDISTRICTING COMMISSION SHALL  REPORT
THE  FINDINGS OF ALL SUCH HEARINGS TO THE LEGISLATURE UPON SUBMISSION OF
THE REDISTRICTING PLAN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR  OF
THIS SECTION.
  (B)  AT LEAST THIRTY DAYS PRIOR TO THE FIRST PUBLIC HEARING AND IN ANY
EVENT NO LATER THAN MARCH FIFTEENTH OF  THE  YEAR  ENDING  WITH  A  ONE,
EXCEPT THAT FOR THE DEVELOPMENT OF THE REDISTRICTING PLANS EFFECTIVE FOR
TWO  THOUSAND  TWELVE  THIS  DATE  SHALL  BE  NO  LATER  THAN  SEPTEMBER
FIFTEENTH, TWO THOUSAND ELEVEN, THE INDEPENDENT REDISTRICTING COMMISSION
SHALL POST ON ITS WEBSITE (I) ITS DRAFT REDISTRICTING  PLANS;  (II)  ALL
DATA  AND  OTHER INFORMATION IN SUCH FORM AS TO ALLOW AND FACILITATE THE
USE OF SUCH DATA AND INFORMATION BY THE PUBLIC TO REVIEW,  ANALYZE,  AND
COMMENT  UPON SUCH PLANS, AND TO DEVELOP ALTERNATIVE REDISTRICTING PLANS
OR SPECIFIC CHANGES TO THE COMMISSION'S PLANS FOR  PRESENTATION  TO  THE
COMMISSION  AT  THE  PUBLIC  HEARING; AND (III) A STANDARDIZED SCORECARD
INDICATING COMPLIANCE WITH EACH OF THE REQUIREMENTS, AND  SETTING  FORTH
EACH  REDISTRICTING PLAN'S SCORE ON EACH OF THE PRINCIPLES, SET FORTH IN
SUBDIVISION TWO OF THIS SECTION,  INCLUDING  THE  PLAN'S  PROTECTION  OF
MINORITY  VOTERS'  RIGHTS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO
ELECT CANDIDATES OF THEIR CHOICE AND ANY FURTHER DISCUSSION NECESSARY TO
EXPLAIN THE PLAN'S FEATURES AND COMPLIANCE WITH THESE  REQUIREMENTS  AND
PRINCIPLES.

S. 3419                             9

  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 INDEPENDENT REDISTRICTING COMMISSION
SHALL SUBMIT TO THE LEGISLATURE AND DISSEMINATE TO THE PUBLIC  A  REDIS-
TRICTING  PLAN  FOR  ALL  CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS,
ALONG WITH THE LEGISLATION NECESSARY TO IMPLEMENT SUCH PLAN EXCEPT  THAT
FOR  THE REDISTRICTING PLANS EFFECTIVE FOR TWO THOUSAND TWELVE SUCH PLAN
SHALL BE SUBMITTED AND DISSEMINATED NO LATER THAN OCTOBER FIFTEENTH, TWO
THOUSAND ELEVEN. 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)  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 INDEPENDENT REDISTRICTING
COMMISSION  REPORTS  THE  FINDINGS OF ITS PUBLIC HEARING TO THE LEGISLA-
TURE. 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 INDEPENDENT REDISTRICTING COMMISSION SHALL HOLD AN OPEN  HEAR-
ING  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 ANY OBJECTIONS  SUCH
LEGISLATIVE  LEADERS  MAY  HAVE  TO SUCH LEGISLATION, AND MEMBERS OF THE
PUBLIC WILL ALSO BE INVITED TO TESTIFY.  WITHIN  FIFTEEN  DAYS  OF  SUCH
HEARING,  THE  INDEPENDENT  REDISTRICTING COMMISSION SHALL ESTABLISH AND
SUBMIT TO THE LEGISLATURE A SECOND REDISTRICTING PLAN AND THE  NECESSARY
IMPLEMENTING  LEGISLATION  FOR  SUCH  PLAN.  UPON RECEIPT OF SUCH SECOND
PLAN, THE IMPLEMENTING 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 TWENTY-ONE DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS INTRO-
DUCTION.  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  INDEPENDENT  REDISTRICTING
COMMISSION  SHALL HOLD AN OPEN HEARING WITHIN FIFTEEN DAYS OF SAID FAIL-
URE 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 ANY OBJECTIONS SUCH LEGISLATIVE LEADERS MAY HAVE TO SUCH
LEGISLATION, AND MEMBERS OF THE PUBLIC WILL ALSO BE INVITED TO  TESTIFY.
WITHIN  FIFTEEN  DAYS  OF  SUCH  HEARING,  THE INDEPENDENT REDISTRICTING
COMMISSION SHALL ESTABLISH AND SUBMIT TO THE LEGISLATURE A THIRD  REDIS-
TRICTING  PLAN AND THE NECESSARY IMPLEMENTING LEGISLATION FOR SUCH PLAN.
UPON RECEIPT OF SUCH THIRD PLAN, THE IMPLEMENTING LEGISLATION  WITH  ANY
AMENDMENTS  THE  LEGISLATURE SHALL DEEM NECESSARY SHALL BE INTRODUCED IN

S. 3419                            10

BOTH HOUSES OF THE LEGISLATURE WITHIN FIVE  DAYS.  ALL  SUCH  AMENDMENTS
SHALL  COMPLY WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION AND
SHALL NOT AFFECT  MORE  THAN  TWO  PERCENT  OF  THE  POPULATION  OF  ANY
DISTRICT.    SUCH  LEGISLATION  SHALL  BE VOTED UPON BY BOTH SUCH HOUSES
WITHIN TWENTY-ONE DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS INTRO-
DUCTION. IF APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION  TO
THE GOVERNOR WITHIN FIVE DAYS.
  S  99.  APPLICATION  OF  ARTICLE.  1. THE PROCESS FOR REDISTRICTING OF
CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS ESTABLISHED BY THIS  ARTI-
CLE  SHALL  BE  THE EXCLUSIVE MEANS BY WHICH SUCH REDISTRICTING SHALL BE
COMPLETED IN THIS STATE EXCEPT TO THE EXTENT THAT A COURT IS REQUIRED TO
ORDER THE ADOPTION OF, OR CHANGES TO, A REDISTRICTING PLAN AS  A  REMEDY
FOR  A  VIOLATION OF LAW.  EVERY REDISTRICTING OF CONGRESSIONAL OR STATE
LEGISLATIVE DISTRICTS PERFORMED IN VIOLATION OF THE PROVISIONS  OF  THIS
ARTICLE  SHALL  BE  VOID. IN ANY PROCEEDING RELATING TO REDISTRICTING OF
CONGRESSIONAL OR STATE LEGISLATIVE DISTRICTS, THE COURT SHALL  IMPLEMENT
THE PLAN THAT MOST FAITHFULLY SERVES THE REQUIREMENTS OF SUBDIVISION TWO
OF SECTION NINETY-EIGHT OF THIS ARTICLE.
  2. A REDISTRICTING STATUTE SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL
A  SUBSEQUENT REDISTRICTING STATUTE, BASED UPON THE SUCCEEDING DECENNIAL
FEDERAL CENSUS, TAKES EFFECT, UNLESS MODIFIED PURSUANT TO COURT ORDER.
  S 6. Terms occurring in laws, contracts and other documents. Except as
otherwise provided in this act, whenever the legislative task  force  on
demographic research and reapportionment is referred to or designated in
any  law,  contract,  or  other  document, such reference or designation
shall be deemed to refer to  the  independent  redistricting  commission
created by this act.
  S 7. This act shall take effect immediately.

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