S T A T E O F N E W Y O R K
________________________________________________________________________
5279--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
___________
Introduced by M. of A. GIANARIS, JOHN, ESPAILLAT, BING, GALEF, FIELDS,
RAMOS, HOYT, HEVESI, SCHROEDER, CAMARA, KAVANAGH, GORDON, KELLNER --
Multi-Sponsored by -- M. of A. ALESSI, BOYLAND, BRENNAN, CAHILL,
CHRISTENSEN, CLARK, DelMONTE, DINOWITZ, GUNTHER, JEFFRIES, KOON, LANC-
MAN, LATIMER, LAVINE, LUPARDO, MILLMAN, PAULIN, PHEFFER, POWELL, REIL-
LY, ROSENTHAL, SCHIMMINGER -- read once and referred to the Committee
on Governmental Operations -- recommitted to the Committee on Govern-
mental Operations in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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 Z of chapter 56 of the laws of 2008, 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 nine and terminating December thirty-first, two
thousand ten:
ASSEMBLYMEN SERVING IN SPECIAL CAPACITY
Chairman of legislative commission on public management
systems ........................................................ 12,500
Chairman of legislative commission on science and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05858-03-0
A. 5279--A 2
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
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
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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) ONE MEMBER SHALL BE APPOINTED BY THE PRESIDING JUDGE OF THE COURT
OF APPEALS;
(B) ONE MEMBER SHALL BE APPOINTED BY THE ATTORNEY GENERAL;
(C) ONE MEMBER SHALL BE APPOINTED BY THE STATE COMPTROLLER;
(D) ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR;
(E) ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
(F) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
(G) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE; AND
(H) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY.
3. THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL DESIGNATE ITS CHAIR
FROM AMONG ITS MEMBERS BY A SIMPLE MAJORITY VOTE OF ALL MEMBERS,
PROVIDED THAT IN THE EVENT OF A TIE VOTE, THE PRESIDING JUDGE OF THE
COURT OF APPEALS SHALL DESIGNATE THE CHAIR OF SUCH COMMITTEE FROM AMONG
ITS MEMBERS.
4. THE MEMBERS OF THE APPORTIONMENT NOMINATING 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".
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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 PRESIDING JUDGE OF THE COURT OF APPEALS, THE
ATTORNEY GENERAL, THE STATE COMPTROLLER, THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER 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;
(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. (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;
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(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) 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 PRESIDING JUDGE OF THE COURT OF APPEALS WITHIN THIRTY DAYS THEREAFT-
ER;
(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 PRESIDING 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 PRESIDING 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-
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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:
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.
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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
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.
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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
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 MAJORITY AND MINORITY LEADERS 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 APPOR-
TIONMENT 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 IMPLEMENTING LEGIS-
LATION THEREFORE 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 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
A. 5279--A 9
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 MAJORITY
AND MINORITY LEADERS 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 THIRD APPORTIONMENT 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 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 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.