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