senate Bill S6240

2009-2010 Legislative Session

Relates to redistricting the senate, assembly and congressional districts of NYS

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 02, 2010 opinion referred to judiciary
Jan 12, 2010 to attorney-general for opinion
Jan 06, 2010 referred to judiciary
Nov 24, 2009 opinion referred to judiciary
Nov 05, 2009 to attorney-general for opinion
Oct 23, 2009 referred to rules

S6240 - Bill Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Rpld Art 3 §§3, 4, 5 & 5-a, add §§3, 4, 4-a & 5, Constn
Versions Introduced in 2009-2010 Legislative Session:
A6776

S6240 - Bill Texts

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Relates to redistricting the senate, assembly and congressional districts of NYS.

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BILL NUMBER: S6240

TITLE OF BILL :
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments
to the constitution, in relation to the establishment of state
legislative and congressional districts and repealing sections 3, 4, 5
and 5-a of article 3 of the constitution relating thereto


PURPOSE OF BILL :
To ensure that legislative districts are determined without political
motivation.

SUMMARY OF SPECIFIC PROVISIONS :
The bill creates a non partisan commission to draw legislative
districts based on population equality, continuity, unity of counties
and cities, and. compactness. The commission will submit its proposal
to the legislature which will either accept or reject the proposal but
may make no substantive changes. If rejected the legislature must
explain why and then the commission will resubmit a new plan for
reapportionment. If a fourth proposal is required, only then will the
plan be subject to amendment in the same manner as other bills.

JUSTIFICATION :
New York State needs comprehensive reform that will take the politics
out of the redistricting process once and for all. This bill is based
upon the Iowa process enacted in 1980, the nonpartisan Legislative
Services Bureau develops up to three plans that can be either accepted
or rejected by the legislature. The Iowa Legislature has been
generally quick to enact the Bureau's plans. The four criteria used,
in descending ordering of importance, are population equality,
contiguity, unity of counties and cities, and compactness. Iowa state
law specifically forbids the use of political affiliation, previous
election results, the addresses of incumbents, or any demographic
information other than population in creating the redistricting
proposals. This bill is based on the Iowa process's proven
effectiveness.

PRIOR LEGISLATIVE HISTORY :
None.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
First legislative session convening after the next succeeding general
election of members of the assembly.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6240

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            October 23, 2009
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing amendments to the constitution, in relation to the  establish-
  ment  of  state  legislative and congressional districts and repealing
  sections 3, 4, 5 and 5-a of article 3  of  the  constitution  relating
  thereto

  Section  1.  Resolved  (if the Assembly concur), That sections 3, 4, 5
and 5-a of article 3 of  the  constitution  be  REPEALED  and  four  new
sections 3, 4, 4-a and 5 are added to read as follows:
  S 3. A. THERE SHALL BE A DISTRICTING COMMISSION TO DRAW SENATE, ASSEM-
BLY  AND CONGRESSIONAL DISTRICTS, SO THAT ALL THE PEOPLE OF NEW YORK MAY
BE FAIRLY REPRESENTED. THE DISTRICTING COMMISSION SHALL CONSIST OF  FIVE
MEMBERS. EACH MEMBER OF THE DISTRICTING COMMISSION SHALL BE A REGISTERED
VOTER  IN  THE STATE OF NEW YORK, AND, AT THE TIME OF APPOINTMENT, SHALL
HAVE BEEN A RESIDENT OF THE STATE OF NEW YORK FOR FIVE YEARS.  NO MEMBER
OF THE DISTRICTING COMMISSION SHALL BE, OR SHALL HAVE BEEN  (1)  IN  THE
TWO  YEARS  PRIOR  TO APPOINTMENT, A MEMBER OR EMPLOYEE OF CONGRESS, THE
SENATE OR ASSEMBLY OR A POLITICAL PARTY CHAIR; (2) A HOLDER OF  PARTISAN
PUBLIC  OFFICE  OR POLITICAL PUBLIC OFFICE; (3) A RELATIVE OF ANY PERSON
SET FORTH IN CLAUSE (1) OR (2) TO THE THIRD DEGREE OF CONSANGUINITY;  OR
(4)  A  SPOUSE  OF  ANY  PERSON SET FORTH IN CLAUSE (1), (2) OR (3).  NO
MEMBER OF THE DISTRICTING COMMISSION SHALL BE A LOBBYIST AT THE TIME  OF
HIS  OR  HER  MEMBERSHIP.    THE  TEMPORARY PRESIDENT OF THE SENATE, THE
MINORITY LEADER OF THE SENATE, THE SPEAKER  OF  THE  ASSEMBLY,  AND  THE
MINORITY  LEADER  OF  THE  ASSEMBLY SHALL EACH APPOINT ONE MEMBER OF THE
DISTRICTING COMMISSION  AND  THE  FOUR  NEWLY  APPOINTED  MEMBERS  SHALL
APPOINT  A  FIFTH  MEMBER TO BE THE CHAIRMAN OF THE COMMISSION, AND MUST
HAVE THE USE OF THREE OUT OF FOUR MEMBERS.  IF A SEAT ON THE  COMMISSION
SHALL FALL VACANT, A REPLACEMENT SHALL BE SELECTED IN THE SAME MANNER BY
WHICH  THE MEMBER WHO PREVIOUSLY FILLED THE SEAT WAS SELECTED.  APPOINT-
ING AUTHORITIES SHALL GIVE DUE CONSIDERATION TO REFLECTING THE GEOGRAPH-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89074-05-9

S. 6240                             2

IC, ETHNIC, AND RACIAL DIVERSITY OF THE STATE  IN  APPOINTMENTS  TO  THE
COMMISSION. INITIAL APPOINTMENTS TO THE COMMISSION SHALL BE MADE AS SOON
AS  PRACTICABLE  FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION.  EACH
MEMBER  OF THE COMMISSION SHALL HAVE A TERM OF TEN YEARS EXCEPT THAT THE
TERMS OF ALL MEMBERS SHALL TERMINATE ON THE FIRST DAY OF  APRIL  OF  THE
YEAR  PRECEDING THE YEAR IN WHICH THE FEDERAL DECENNIAL CENSUS IS TAKEN.
THE MEMBERS SHALL  BE  REMOVABLE  ONLY  FOR  CAUSE,  INCLUDING  CRIMINAL
CONVICTION  OR SERIOUS MISCONDUCT RELATED TO HIS OR HER OFFICIAL DUTIES,
IN AN ACTION BROUGHT BY THE ATTORNEY GENERAL, OVER WHICH  THE  COURT  OF
APPEALS SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION.
  B.  SENATE AND ASSEMBLY DISTRICTS SHALL BE ESTABLISHED ON THE BASIS OF
POPULATION.   SENATE AND ASSEMBLY DISTRICTS,  RESPECTIVELY,  SHALL  EACH
HAVE A POPULATION AS NEARLY EQUAL AS PRACTICABLE TO THE IDEAL POPULATION
FOR SUCH DISTRICTS, DETERMINED BY DIVIDING THE NUMBER OF DISTRICTS TO BE
ESTABLISHED  INTO  THE  POPULATION  OF THE STATE REPORTED IN THE FEDERAL
DECENNIAL CENSUS. SENATE DISTRICTS AND ASSEMBLY DISTRICTS SHALL NOT VARY
IN POPULATION FROM THE RESPECTIVE IDEAL DISTRICT POPULATIONS  EXCEPT  AS
NECESSARY  TO  COMPLY WITH ONE OF THE OTHER STANDARDS ENUMERATED IN THIS
SECTION. IN NO CASE SHALL THE QUOTIENT, OBTAINED BY DIVIDING  THE  TOTAL
OF  THE  ABSOLUTE  VALUES  OF THE DEVIATIONS OF ALL DISTRICT POPULATIONS
FROM THE APPLICABLE IDEAL DISTRICT POPULATION BY THE NUMBER OF DISTRICTS
ESTABLISHED, EXCEED ONE PERCENT OF THE APPLICABLE IDEAL  DISTRICT  POPU-
LATION. NO SENATE DISTRICT SHALL HAVE A POPULATION WHICH EXCEEDS THAT OF
ANY  OTHER  SENATE  DISTRICT  BY MORE THAN FIVE PERCENT, AND NO ASSEMBLY
DISTRICT SHALL HAVE A POPULATION WHICH EXCEEDS THAT OF ANY OTHER  ASSEM-
BLY DISTRICT BY MORE THAN FIVE PERCENT.
  C.  TO  THE  EXTENT  CONSISTENT  WITH  SUBDIVISION  B OF THIS SECTION,
DISTRICT BOUNDARIES SHALL COINCIDE  WITH  THE  BOUNDARIES  OF  POLITICAL
SUBDIVISIONS  OF  THE STATE.   THE NUMBER OF COUNTIES AND CITIES DIVIDED
AMONG MORE THAN ONE DISTRICT SHALL BE AS SMALL AS POSSIBLE.  WHEN  THERE
IS  A  CHOICE  BETWEEN  DIVIDING  LOCAL POLITICAL SUBDIVISIONS, THE MORE
POPULOUS SUBDIVISIONS SHALL BE DIVIDED BEFORE  THE  LESS  POPULOUS,  BUT
THIS  STATEMENT DOES NOT APPLY TO A SENATE OR ASSEMBLY DISTRICT BOUNDARY
DRAWN ALONG A COUNTY LINE WHICH PASSES THROUGH A CITY THAT LIES IN  MORE
THAN ONE COUNTY.
  D.  DISTRICTS  SHALL  BE  COMPOSED OF CONVENIENT CONTIGUOUS TERRITORY.
AREAS WHICH MEET ONLY AT THE POINTS OF ADJOINING CORNERS ARE NOT CONTIG-
UOUS.
  E. DISTRICTS SHALL BE  REASONABLY  COMPACT  IN  FORM,  TO  THE  EXTENT
CONSISTENT WITH THE STANDARDS ESTABLISHED BY SUBDIVISIONS B, C, AND D OF
THIS  SECTION.  IN GENERAL, REASONABLY COMPACT DISTRICTS ARE THOSE WHICH
ARE SQUARE, RECTANGULAR, OR HEXAGONAL  IN  SHAPE,  AND  NOT  IRREGULARLY
SHAPED,  TO  THE EXTENT PERMITTED BY NATURAL OR POLITICAL BOUNDARIES. IF
IT IS NECESSARY TO COMPARE THE  RELATIVE  COMPACTNESS  OF  TWO  OR  MORE
DISTRICTS,  OR  OF  TWO OR MORE ALTERNATIVE DISTRICTING PLANS, THE TESTS
PRESCRIBED BY THIS SUBDIVISION AND SECTION FIVE OF THIS ARTICLE SHALL BE
USED.
  1. LENGTH-WIDTH COMPACTNESS. THE COMPACTNESS OF A DISTRICT IS GREATEST
WHEN THE LENGTH OF THE DISTRICT AND THE WIDTH OF THE DISTRICT ARE EQUAL.
THE MEASURE OF A DISTRICT'S COMPACTNESS IS THE  ABSOLUTE  VALUE  OF  THE
DIFFERENCE BETWEEN THE LENGTH AND THE WIDTH OF THE DISTRICT. IN GENERAL,
THE  LENGTH-WIDTH  COMPACTNESS  OF A DISTRICT IS CALCULATED BY MEASURING
THE DISTANCE FROM THE NORTHERNMOST POINT OR PORTION OF THE BOUNDARY OF A
DISTRICT TO THE SOUTHERNMOST POINT OR PORTION OF  THE  BOUNDARY  OF  THE
SAME  DISTRICT AND THE DISTANCE FROM THE WESTERNMOST POINT OR PORTION OF
THE BOUNDARY OF THE DISTRICT TO THE EASTERNMOST POINT OR PORTION OF  THE

S. 6240                             3

BOUNDARY OF THE SAME DISTRICT. THE ABSOLUTE VALUES COMPUTED FOR INDIVID-
UAL DISTRICTS UNDER THIS PARAGRAPH MAY BE CUMULATED FOR ALL DISTRICTS IN
A PLAN IN ORDER TO COMPARE THE OVERALL COMPACTNESS OF TWO OR MORE ALTER-
NATIVE DISTRICTING PLANS FOR THE STATE, OR FOR A PORTION OF THE STATE.
  2.  PERIMETER  COMPACTNESS.  THE COMPACTNESS OF A DISTRICT IS GREATEST
WHEN THE DISTANCE  NEEDED  TO  TRAVERSE  THE  PERIMETER  BOUNDARY  OF  A
DISTRICT  IS AS SHORT AS POSSIBLE. THE TOTAL PERIMETER DISTANCE COMPUTED
FOR INDIVIDUAL DISTRICTS UNDER THIS PARAGRAPH MAY BE CUMULATED  FOR  ALL
DISTRICTS  IN  A PLAN IN ORDER TO COMPARE THE OVERALL COMPACTNESS OF TWO
OR MORE ALTERNATIVE DISTRICTING PLANS FOR THE STATE, OR FOR A PORTION OF
THE STATE.
  F. NO DISTRICT SHALL BE DRAWN FOR THE PURPOSE OF FAVORING A  POLITICAL
PARTY,  INCUMBENT  LEGISLATOR  OR MEMBER OF CONGRESS, OR OTHER PERSON OR
GROUP, OR FOR THE PURPOSE OF AUGMENTING OR DILUTING THE VOTING  STRENGTH
OF  A  LANGUAGE  OR RACIAL MINORITY GROUP. IN ESTABLISHING DISTRICTS, NO
USE SHALL BE MADE OF ANY OF THE FOLLOWING DATA:
  1. ADDRESSES OF INCUMBENT LEGISLATORS OR MEMBERS OF CONGRESS.
  2. POLITICAL AFFILIATIONS OF REGISTERED VOTERS.
  3. PREVIOUS ELECTION RESULTS.
  4. DEMOGRAPHIC INFORMATION, OTHER THAN POPULATION HEAD COUNTS,  EXCEPT
AS REQUIRED BY THE CONSTITUTION AND THE LAWS OF THE UNITED STATES.
  G. IN ORDER TO MINIMIZE ELECTORAL CONFUSION AND TO FACILITATE COMMUNI-
CATION WITHIN STATE SENATE AND ASSEMBLY DISTRICTS, EACH PLAN DRAWN UNDER
THIS  SECTION  SHALL  PROVIDE  THAT  EACH  ASSEMBLY  DISTRICT  IS WHOLLY
INCLUDED WITHIN A SINGLE SENATE DISTRICT AND THAT, SO FAR  AS  POSSIBLE,
EACH ASSEMBLY AND EACH SENATE DISTRICT SHALL BE INCLUDED WITHIN A SINGLE
CONGRESSIONAL  DISTRICT.  HOWEVER, THE STANDARDS ESTABLISHED BY SUBDIVI-
SIONS B THROUGH F OF THIS SECTION SHALL TAKE PRECEDENCE WHERE A CONFLICT
ARISES BETWEEN THESE STANDARDS AND THE REQUIREMENT, SO FAR AS  POSSIBLE,
OF INCLUDING A SENATE OR ASSEMBLY DISTRICT WITHIN A SINGLE CONGRESSIONAL
DISTRICT.
  H.  EACH  BILL EMBODYING A PLAN DRAWN UNDER THIS SECTION SHALL PROVIDE
THAT ANY VACANCY IN THE SENATE OR ASSEMBLY WHICH  TAKES  OFFICE  IN  THE
YEAR ENDING IN ONE, OCCURRING AT A TIME WHICH MAKES IT NECESSARY TO FILL
THE  VACANCY  AT  A  SPECIAL  ELECTION,  SHALL  BE  FILLED FROM THE SAME
DISTRICT WHICH ELECTED THE SENATOR OR MEMBER OF ASSEMBLY WHOSE  SEAT  IS
VACANT.
  S  4.  THE  SENATE, ASSEMBLY AND CONGRESSIONAL DISTRICTS SHALL, AT THE
SUIT OF ANY CITIZEN, BE SUBJECT TO REVIEW BY THE COURT OF APPEALS, WHICH
SHALL HAVE ORIGINAL AND EXCLUSIVE JURISDICTION OVER ANY SUCH  SUIT;  AND
SAID  COURT  SHALL  GIVE  PRECEDENCE  THERETO  OVER ALL OTHER CAUSES AND
PROCEEDINGS, AND IF SAID COURT  BE  NOT  IN  SESSION  IT  SHALL  CONVENE
PROMPTLY  FOR  THE  DISPOSITION  OF THE SAME. THE COURT OF APPEALS SHALL
HAVE AUTHORITY TO APPOINT REFEREES, TO ENGAGE THE ASSISTANCE OF EXPERTS,
AND TO COMPEL THE ASSISTANCE  OF  THE  DISTRICTING  COMMISSION  AND  ITS
STAFF,  AS  IT  MAY  DEEM NECESSARY TO THE DISPOSITION OF A SUIT BROUGHT
UNDER THIS SECTION. IF THE DISTRICTING COMMISSION SHALL FAIL  TO  ESTAB-
LISH  SENATE,  ASSEMBLY  OR  CONGRESSIONAL  DISTRICTS BY THE LAST DAY OF
JANUARY OF THE SECOND YEAR FOLLOWING  THE  YEAR  IN  WHICH  THE  FEDERAL
DECENNIAL  CENSUS  IS TAKEN, OR IF THE COURT OF APPEALS FINDS THE ESTAB-
LISHMENT OR ALTERATION OF ANY SUCH DISTRICTS TO VIOLATE ANY PROVISION OF
THIS ARTICLE, OR OF THE CONSTITUTION AND LAWS OF THE UNITED STATES,  THE
COURT  SHALL  ORDER  THE  COMMISSION TO ESTABLISH SUCH DISTRICTS OR MAKE
SUCH ALTERATIONS AS NECESSARY TO PROVIDE A REMEDY, WITHIN SUCH  TIME  AS
THE  COURT MAY REQUIRE, OR SHALL ITSELF ESTABLISH SUCH DISTRICTS OR MAKE
SUCH ALTERATIONS AS THE COURT DEEMS NECESSARY.

S. 6240                             4

  S 4-A. A. (1) NOT LATER THAN APRIL FIRST OF EACH YEAR ENDING  IN  ONE,
THE LEGISLATIVE SERVICES AGENCY SHALL DELIVER TO THE TEMPORARY PRESIDENT
OF  THE SENATE AND THE SPEAKER OF THE ASSEMBLY IDENTICAL BILLS EMBODYING
A PLAN OF SENATE AND ASSEMBLY AND CONGRESSIONAL DISTRICTING PREPARED  IN
ACCORDANCE WITH SECTION THREE OF THIS ARTICLE.  IT IS THE INTENT OF THIS
SECTION  THAT  THE  LEGISLATURE SHALL BRING THE BILL TO A VOTE IN EITHER
THE SENATE OR THE ASSEMBLY EXPEDITIOUSLY, BUT NOT LESS THAN  THREE  DAYS
AFTER  THE  REPORT  OF  THE COMMISSION REQUIRED BY SECTION THREE OF THIS
ARTICLE IS RECEIVED AND MADE AVAILABLE TO THE MEMBERS OF THE SENATE  AND
ASSEMBLY,  UNDER  A  PROCEDURE  OR  RULE PERMITTING NO AMENDMENTS EXCEPT
THOSE OF A PURELY CORRECTIVE NATURE. IT IS FURTHER THE  INTENT  OF  THIS
SECTION  THAT  IF THE BILL IS APPROVED BY THE FIRST HOUSE IN WHICH IT IS
CONSIDERED, IT SHALL EXPEDITIOUSLY BE BROUGHT TO A VOTE  IN  THE  SECOND
HOUSE  UNDER A SIMILAR PROCEDURE OR RULE. IF THE BILL EMBODYING THE PLAN
SUBMITTED BY THE NEW YORK STATE LEGISLATIVE TASK  FORCE  ON  DEMOGRAPHIC
RESEARCH  AND REAPPORTIONMENT UNDER THIS SECTION FAILS TO BE APPROVED BY
A CONSTITUTIONAL MAJORITY IN EITHER THE  SENATE  OR  THE  ASSEMBLY,  THE
TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY, AS THE
CASE  MAY BE, SHALL AT ONCE, BUT IN NO EVENT LATER THAN SEVEN DAYS AFTER
THE DATE THE BILL FAILED TO BE APPROVED, TRANSMIT TO THE NEW YORK  STATE
TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT INFORMATION WHICH
THE  SENATE  OR  ASSEMBLY MAY DIRECT BY RESOLUTION REGARDING REASONS WHY
THE PLAN WAS NOT APPROVED.
  (2) HOWEVER, IF THE POPULATION DATA FOR LEGISLATIVE DISTRICTING  WHICH
THE  UNITED STATES CENSUS BUREAU IS REQUIRED TO PROVIDE THIS STATE UNDER
PUB. L. NO. 94-171 AND, IF USED BY THE NEW YORK STATE  LEGISLATIVE  TASK
FORCE  ON  DEMOGRAPHIC  RESEARCH  AND REAPPORTIONMENT, THE CORRESPONDING
TOPOLOGICALLY INTEGRATED GEOGRAPHIC ENCODING AND REFERENCING  DATA  FILE
FOR  THAT POPULATION DATA ARE NOT AVAILABLE TO THE NEW YORK STATE LEGIS-
LATIVE TASK FORCE ON DEMOGRAPHIC  RESEARCH  AND  REAPPORTIONMENT  ON  OR
BEFORE FEBRUARY FIFTEENTH OF THE YEAR ENDING IN ONE, THE DATES SET FORTH
IN  THIS  SECTION  SHALL  BE  EXTENDED  BY A NUMBER OF DAYS EQUAL TO THE
NUMBER OF DAYS AFTER FEBRUARY FIFTEENTH OF THE YEAR ENDING IN  ONE  THAT
THE  FEDERAL  CENSUS  POPULATION  DATA  AND THE TOPOLOGICALLY INTEGRATED
GEOGRAPHIC ENCODING AND REFERENCING DATA FILE FOR LEGISLATIVE  DISTRICT-
ING BECOME AVAILABLE.
  B.  IF  THE  BILL  EMBODYING  THE PLAN SUBMITTED BY THE NEW YORK STATE
LEGISLATIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT UNDER
PARAGRAPH ONE OF SUBDIVISION A OF THIS SECTION FAILS TO BE ENACTED,  THE
NEW  YORK STATE LEGISLATIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAP-
PORTIONMENT SHALL PREPARE A BILL EMBODYING  A  SECOND  PLAN  OF  SENATE,
ASSEMBLY  AND  CONGRESSIONAL  DISTRICTING. THE BILL SHALL BE PREPARED IN
ACCORDANCE WITH SECTION THREE OF THIS ARTICLE, AND,  INSOFAR  AS  IT  IS
POSSIBLE  TO  DO  SO WITHIN THE REQUIREMENTS OF SUCH SECTION THREE, WITH
THE REASONS CITED BY THE SENATE OR ASSEMBLY BY RESOLUTION, OR THE GOVER-
NOR BY VETO MESSAGE, FOR THE FAILURE TO APPROVE THE PLAN.  IF  A  SECOND
PLAN  IS REQUIRED UNDER THIS SUBDIVISION, THE BILL EMBODYING IT SHALL BE
DELIVERED TO THE TEMPORARY PRESIDENT OF THE SENATE AND  THE  SPEAKER  OF
THE  ASSEMBLY NOT LATER THAN THIRTY-FIVE DAYS AFTER THE DATE OF THE VOTE
BY WHICH THE SENATE OR THE ASSEMBLY FAILS TO APPROVE THE BILL  SUBMITTED
UNDER  SUBDIVISION A OF THIS SECTION, OR THE DATE THE GOVERNOR VETOES OR
FAILS TO APPROVE THE BILL. IF IT IS NECESSARY TO  SUBMIT  A  BILL  UNDER
THIS  SUBDIVISION,  THE  BILL  SHALL  BE BROUGHT TO A VOTE NOT LESS THAN
SEVEN DAYS AFTER THE BILL IS SUBMITTED AND MADE AVAILABLE TO THE MEMBERS
OF THE SENATE AND ASSEMBLY, UNDER A  PROCEDURE  OR  RULE  PERMITTING  NO
AMENDMENTS EXCEPT THOSE OF A PURELY CORRECTIVE NATURE. IT IS FURTHER THE

S. 6240                             5

INTENT  OF  THIS SECTION THAT IF THE BILL IS APPROVED BY THE FIRST HOUSE
IN WHICH IT IS CONSIDERED, IT SHALL EXPEDITIOUSLY BE BROUGHT TO  A  VOTE
IN  THE  SECOND  HOUSE  UNDER  A  SIMILAR PROCEDURE OR RULE. IF THE BILL
EMBODYING  THE  PLAN  SUBMITTED  BY  THE NEW YORK STATE LEGISLATIVE TASK
FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT UNDER THIS SUBDIVISION
FAILS TO BE APPROVED BY A CONSTITUTIONAL MAJORITY IN EITHER  THE  SENATE
OR THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE OR SPEAKER OF THE
ASSEMBLY,  AS  THE  CASE  MAY  BE,  SHALL TRANSMIT TO THE NEW YORK STATE
LEGISLATIVE TASK  FORCE  ON  DEMOGRAPHIC  RESEARCH  AND  REAPPORTIONMENT
INFORMATION  WHICH  THE  SENATE  OR  ASSEMBLY  MAY  DIRECT BY RESOLUTION
REGARDING REASONS WHY THE PLAN WAS NOT APPROVED IN THE  SAME  MANNER  AS
DESCRIBED IN SUBDIVISION A OF THIS SECTION.
  C.  IF  THE  BILL  EMBODYING  THE PLAN SUBMITTED BY THE NEW YORK STATE
LEGISLATIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT UNDER
SUBDIVISION B OF THIS SECTION FAILS TO BE ENACTED, THE SAME PROCEDURE AS
PRESCRIBED BY SUBDIVISION B OF THIS SECTION  SHALL  BE  FOLLOWED.  IF  A
THIRD  PLAN  IS  REQUIRED  UNDER THIS SUBDIVISION, THE BILL EMBODYING IT
SHALL BE DELIVERED TO THE TEMPORARY PRESIDENT  OF  THE  SENATE  AND  THE
SPEAKER  OF  THE ASSEMBLY NOT LATER THAN THIRTY-FIVE DAYS AFTER THE DATE
OF THE VOTE BY WHICH THE SENATE OR ASSEMBLY FAILS TO  APPROVE  THE  BILL
SUBMITTED  UNDER SUBDIVISION B OF THIS SECTION, OR THE DATE THE GOVERNOR
VETOES OR FAILS TO APPROVE THE BILL. THE NEW YORK STATE LEGISLATIVE TASK
FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT SHALL  SUBMIT  A  BILL
UNDER THIS SUBDIVISION SUFFICIENTLY IN ADVANCE OF SEPTEMBER FIRST OF THE
YEAR  ENDING  IN  ONE  TO PERMIT THE SENATE AND ASSEMBLY TO CONSIDER THE
PLAN PRIOR TO THAT DATE. IF IT IS NECESSARY TO SUBMIT A BILL UNDER  THIS
SUBDIVISION,  THE  BILL  SHALL BE BROUGHT TO A VOTE WITHIN THE SAME TIME
PERIOD AFTER ITS DELIVERY TO THE TEMPORARY PRESIDENT OF THE  SENATE  AND
THE  SPEAKER  OF  THE  ASSEMBLY  AS IS PRESCRIBED FOR THE BILL SUBMITTED
UNDER SUBDIVISION B OF THIS SECTION BUT SHALL BE SUBJECT TO AMENDMENT IN
THE SAME MANNER AS OTHER BILLS.
  S 5. CONGRESSIONAL DISTRICTS SHALL BE  ESTABLISHED  ON  THE  BASIS  OF
POPULATION.  A.  ALL CONGRESSIONAL DISTRICTS SHALL BE AS NEARLY EQUAL IN
POPULATION AS IS PRACTICABLE TO THE IDEAL DISTRICT  POPULATION,  DERIVED
IN SUBDIVISION B OF SECTION THREE OF THIS ARTICLE.
  B.  NO  CONGRESSIONAL DISTRICT SHALL HAVE A POPULATION WHICH VARIES BY
MORE THAN ONE PERCENT FROM THE APPLICABLE IDEAL DISTRICT POPULATION.
  S 2. Resolved (if the Assembly concur), That the foregoing  amendments
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.

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