Senate Bill S7881

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

                                 7881--A

                            I N  S E N A T E

                              May 19, 2010
                               ___________

Introduced  by  Sens.  DILAN, SAMPSON -- read twice and ordered printed,
  and when printed to be  committed  to  the  Committee  on  Finance  --
  committee  discharged  and  said  bill  committed  to the Committee on
  Elections -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the legislative law, in relation to establishing the
  legislative advisory commission  on    redistricting  and  legislative
  research

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

  Section 1. Section 83-m of the legislative law, as  added  by  chapter
141 of the laws of 1994, is amended to read as follows:
  S 83-m. Legislative  [task  force on demographic research and reappor-
tionment] ADVISORY COMMISSION ON REDISTRICTING AND LEGISLATIVE RESEARCH.
[1.] The legislature hereby finds and declares that: (a) there is a need
for intensive and thorough legislative 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; (b) a technical plan will be needed to meet the require-
ments of a legislative timetable for a  [reapportionment]  REDISTRICTING
of  the senate and assembly districts and the congressional districts of
the state based on such census; and  (c)  the  [task  force]  COMMISSION
herein  continued is necessary to assist the legislature in the perform-
ance of its responsibilities and in the conduct of legislative  research
projects relating thereto.
  [2.  The  legislative  task force on demographic research and reappor-
tionment is hereby continued, consisting of  six  members  of  whom  two
shall  be appointed by the temporary president of the senate, two by the
speaker of the assembly and one each  by  the  minority  leader  of  the
senate  and  the minority leader of the assembly. The appointments shall
be of members of the respective houses of the legislature,  except  that
one  member  appointed  by the temporary president of the senate and one
member appointed by the speaker of the assembly shall not be members  of
the  legislature.  A member of the senate appointed to the task force by

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

                                                           LBD17441-06-0

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the temporary president of the senate  and  a  member  of  the  assembly
appointed  to  the  task  force  by the speaker of the assembly shall be
designated by each to serve as the co-chairmen of the task  force.  Each
member of the task force who is not a member of the legislature shall be
entitled  to  receive  actual  and  necessary  expenses  incurred in the
discharge of his duties and shall be entitled to compensation as  deter-
mined  by  the co-chairmen within the appropriations available therefor,
except that such member, who is serving in such capacity in a transient,
occasional and incidental manner, shall not be entitled to receive  more
than  the actual and necessary expenses incurred in the discharge of his
duties.
  3. The task force shall engage in  such  research  studies  and  other
activities  as  its co-chairmen may deem necessary or appropriate in the
preparation and formulation of a reapportionment plan for the next ensu-
ing reapportionment of senate and assembly districts  and  congressional
districts  of the state and in the utilization of census and other demo-
graphic and statistical data for policy  analysis,  program  development
and program evaluation purposes for the legislature.
  4.  The  co-chairmen  of  the  task  force  may employ such personnel,
experts and consultants as may be necessary for the performance  of  its
work  and  shall  fix their compensation within the amounts appropriated
therefor.
  5. The primary function of the task force  shall  be  to  compile  and
analyze  data, conduct research for and make reports and recommendations
to the legislature, legislative commissions and other  legislative  task
forces.
  6. The task force, with the approval of its co-chairmen and subject to
guidelines  submitted  by  the co-chairmen and approved by the temporary
president of the senate and speaker of the assembly, may  sell  surveys,
data,  copies  of tabulations and other special statistical 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  task
force,  with  the approval of its co-chairmen, may execute contracts for
such purpose. Any contract executed heretofore by the task force or  the
advisory  task  force  on  reapportionment,  without  express  statutory
authorization, of a nature similar in import as the  contract  for  sale
herein  authorized  is  hereby  validated,  ratified and confirmed as an
exercise of the inherent power of such task force or such advisory  task
force  to  execute such contract. The co-chairmen shall take such action
as shall be necessary to  assure  that  any  survey,  data,  tabulation,
special  statistical  compilation  or  material  made available for sale
shall not identify the name of any  corporation,  company,  association,
firm,  partnership,  proprietorship, society, joint stock company, indi-
vidual, or other organization or entity.
  7.  Moneys heretofore or hereafter received by or  on  behalf  of  the
legislative  task force on demographic research and reapportionment from
the sale of surveys, data,  copies  of  tabulations  and  other  special
statistical  compilations  and  materials  available  to such task force
shall be deposited to the credit of the  legislative  computer  services
fund  established  by  section ninety-seven-uu of the state finance law.
The moneys hereby credited to such fund may be made  available  for  the
legislative  task  force on demographic research and reapportionment and
shall, when made available, be payable out of the state treasury on  the

S. 7881--A                          3

audit  and  warrant of the comptroller in the manner provided by section
ninety-seven-uu of the state finance law.
  8.    The  co-chairmen  of  the  task  force are hereby authorized and
empowered to make and sign any agreements in the name and on  behalf  of
the  task  force  and  to do and perform any acts that may be necessary,
desirable or proper to carry out the powers, purposes and objectives  of
the task force and the provisions thereof.
  9.  The task force, with the approval of its co-chairmen, may complete
any  contract  executed and conduct any business undertaken or commenced
by the  legislature  or  the  advisory  task  force  on  reapportionment
pertaining  to or connected with the reapportionment and readjustment or
alteration of senate and assembly and congressional districts  prior  to
the  enactment  of  these  provisions  into  law,  and the same shall be
completed and conducted in the same manner and under the same terms  and
conditions and with the same effect as if completed and conducted by the
legislature or such advisory task force.
  10.  The task force may hold public and private hearings and otherwise
have all of the powers of a legislative committee under this chapter.
  11.    The  co-chairmen of the task force may request and receive from
any court, department, division, board, bureau, commission or agency  of
the  state or any political subdivision thereof such assistance and data
as will enable the task force to  properly  carry  out  its  powers  and
duties hereunder.
  12.    Employees of the task force shall be considered to be employees
of the legislature for all purposes.]
  S 2. Establishment and alteration of senate, assembly and congression-
al districts.  a. There shall be a legislative  advisory  commission  on
redistricting  and  demographic  research  (the  "commission")  to  draw
senate, assembly and congressional districts, so that all the people  of
New  York  may  be  fairly  represented.  The temporary president of the
senate, minority leader of the senate,  speaker  of  the  assembly,  and
minority  leader  of  the  assembly  shall  each  appoint two legislator
members from their party conference, with one appointee from each major-
ity designated as co-chair. The eight legislator  members  shall  select
and  appoint  four public members by a vote of at least six of the eight
legislator members. A majority vote, if  the  legislators  divide  along
party  lines, would then require agreement of at least three of the four
non-legislator members. No person shall be a  non-legislator  member  of
the  commission  who is not a registered voter in the state of New York,
and who has not been, at the time of  appointment,  a  resident  of  the
state  of  New York for five years. No member of the senate or assembly,
no member of congress, and no person holding judicial office, shall be a
non-legislator member of the commission. Vacancies shall  be  filled  by
the original appointing legislative authority.
  b.  The  senate, assembly, and congressional districts shall be devel-
oped by a vote of at least seven members of the commission. The plans of
senate, assembly, and congressional districts developed by  the  commis-
sion shall be submitted to the legislature for enactment. The commission
shall establish the senate and assembly districts no later than the last
day of January of the second year following the year in which the feder-
al  decennial  census  is  taken.  The  commission  shall issue a report
explaining how the districts comply with  the  requirements  of  section
three of this act.  Congressional districts shall be enacted into law no
later  than  the last day of March of the second year following the year
in which the federal decennial census is taken.   The  commission  shall
issue a report explaining how the districts comply with the requirements

S. 7881--A                          4

of  section  three  of this act. Members of the commission shall provide
the legislature with reports on multiple plans if the  commission  fails
to achieve a majority vote on either the senate and assembly plan or the
congressional  plan.  The  commission  shall meet to make adjustments to
plans for congressional, assembly and senate districts should the legis-
lature fail to adopt the commission's plan and return  such  recommenda-
tions  to  the  legislature.  The  commission's  revised  plans shall be
submitted  to  the  legislature  for  consideration.  Districting  plans
enacted  into  law  shall  become effective for the next ensuing general
election of senators, assembly members, and  members  of  congress.  The
senate,  assembly  and  congressional  districts  shall remain unaltered
until after the subsequent federal decennial census, except that, if  an
alteration  of  such  districts shall be ordered by a court of competent
jurisdiction, or if such districts shall be prevented from taking effect
pursuant to this act or to any provision of the constitution and laws of
the United States, the commission shall meet  to  recommend  alterations
necessary  to  the  legislature  to  provide  a remedy. All votes of the
commission shall be taken at public meetings, and the  commission  shall
cause  transcripts of all meetings and hearings, including all testimony
submitted in writing, to be  made  publicly  available.  The  commission
shall  promote  informed  public understanding of, and participation in,
the process of redistricting, by such means as providing information  to
the  public, holding hearings and adequate public comment periods before
and after plans are finalized, and encouraging submission of proposals.
  c.  The  legislature  shall  make  necessary  appropriations  for  the
expenses  of  the commission, provide for compensation and reimbursement
of expenses for the members and staff of the commission, assign  to  the
commission any additional duties that the legislature may deem necessary
to  the  performance  of  the duties stipulated in this act, and require
other agencies and officials of the state of New York and its  political
subdivisions  to  provide such information and assistance as the commis-
sion may require to perform its duties.
  d. Subject to such reasonable regulations  as  the  legislature  shall
enact,  the  commission shall, with the approval of the temporary presi-
dent of the senate, minority leader of the senate, the  speaker  of  the
assembly  and the minority leader of the assembly as may be necessary to
perform its duties, hire staff, enter into contracts, conduct  research,
hold hearings, and communicate with the public; shall assemble and main-
tain such geographic, demographic, election, and voter registration data
as  may  be  necessary  for  the analysis and evaluation of proposed and
established plans of  senate,  assembly,  and  congressional  districts,
including,  but  not  limited  to, the compliance of such plans with the
provisions of this act and with the constitution and laws of the  United
States;  and  shall cause all such data, and all expert reports, results
of any other research conducted under a contract  entered  into  by  the
commission,  and  proposals for districts submitted by the public, to be
made publicly available.
  e. Each member of the commission who is not a member of  the  legisla-
ture shall be entitled to receive actual and necessary expenses incurred
in  the  discharge of his or her duties and shall be entitled to compen-
sation as determined by the co-chairs within the  appropriations  avail-
able  therefor, except that such member, who is serving in such capacity
in a transient, occasional and incidental manner, shall not be  entitled
to  receive  more than the actual and necessary expenses incurred in the
discharge of his or her duties.

S. 7881--A                          5

  f. The commission, with the approval of its co-chairs and  subject  to
guidelines  submitted  by  the  co-chairs  and approved by the temporary
president of the senate and speaker of the assembly, may  sell  surveys,
data,  copies  of tabulations and other special statistical 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
commission, with the approval of its co-chairs,  may  execute  contracts
for  such  purpose.  Any contract executed heretofore by the commission,
without express statutory authorization, of a nature similar  in  import
as the contract for sale herein authorized is hereby validated, ratified
and confirmed as an exercise of the inherent power of such commission to
execute  such contract. The co-chairs shall take such action as shall be
necessary to assure that any survey, data, tabulation,  special  statis-
tical compilation or material made available for sale shall not identify
the  name  of  any corporation, company, association, firm, partnership,
proprietorship, society,  joint  stock  company,  individual,  or  other
organization or entity.
  g.  The  commission  shall  engage  in such research studies and other
activities as its co-chairs may deem 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 census and other  demo-
graphic  and  statistical  data for policy analysis, program development
and program evaluation purposes for the legislature.
  h. Moneys heretofore or hereafter received by  or  on  behalf  of  the
commission  from  the  sale  of surveys, data, copies of tabulations and
other special statistical compilations and materials available  to  such
commission  shall be deposited to the credit of the legislative computer
services fund established by section 97-uu of  the  state  finance  law.
The  moneys  hereby  credited to such fund may be made available for the
commission and shall, when made available, be payable out of  the  state
treasury  on  the  audit  and  warrant  of the comptroller in the manner
provided by section 97-uu of the state finance law.
  i.   The  co-chairs  of  the  commission  are  hereby  authorized  and
empowered  to  make and sign any agreements in the name and on behalf of
the commission and to do and perform any acts  that  may  be  necessary,
desirable  or proper to carry out the powers, purposes and objectives of
the commission and the provisions thereof.
  j.  The commission, with the approval of its co-chairs,  may  complete
any  contract  executed and conduct any business undertaken or commenced
by the commission pertaining to or connected with the redistricting  and
readjustment  or  alteration  of  senate  and assembly and congressional
districts prior to the enactment of these provisions into law,  and  the
same  shall  be completed and conducted in the same manner and under the
same terms and conditions and with the same effect as if  completed  and
conducted by the legislature or such commission.
  k.   The commission may hold public and private hearings and otherwise
have all of the powers of a legislative committee under this chapter.
  l.  The co-chairs of the commission may request and receive  from  any
court,  department, division, board, bureau, commission or agency of the
state or any political subdivision thereof such assistance and  data  as
will  enable  the commission to properly carry out its powers and duties
hereunder.

S. 7881--A                          6

  m.  Employees of the commission shall be considered to be employees of
the legislature for all purposes.
  S  3.  Criteria  to  be followed.   a. All districts of a house of the
legislature shall be as nearly equal  in  population  as  is  practical,
except as necessary to satisfy the requirements of subdivisions c, e and
f of this section, but the difference in population between the most and
least populous senate districts shall not exceed ten percent of the mean
population  of  all  senate  districts, and the difference in population
between the most and least populous assembly districts shall not  exceed
ten  percent  of  the mean population of all assembly districts. For any
contiguous group of senate or assembly districts, the percentage of  the
total  number  of  such  districts  contained within such group, and the
percentage of the total population of the state  contained  within  such
group,  both  expressed as two-digit numbers followed by two-digit deci-
mals, shall not differ by an amount greater than 0.50.  The  populations
of any two senate or assembly districts adjoining within a county subdi-
vision,  or,  in  New York city, within a county, shall not differ by an
amount greater than two percent of  the  mean  population  of  such  two
districts.
  b.  All congressional districts shall be as nearly equal in population
as is practicable.
  c. 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.
  d.  The  whole  number  of  persons  reported in the federal decennial
census shall be the basis for determining populations for  the  purposes
of this act, except that, for the purpose of determining the populations
of  senate  and  assembly  districts,  no person shall be deemed to have
gained or lost a residence by reason of conviction and incarceration  in
a federal or state correctional facility.
  e.  Senate,  assembly,  or congressional districts shall not be estab-
lished that result in a denial  to  members  of  racial  and  linguistic
minority  groups  of an equal opportunity with other citizens to partic-
ipate in the political process and to elect the representatives of their
choice. The principles stated in subdivision f of this section shall  be
used  to  create  districts  that will afford fair representation to the
members of those racial and linguistic minority groups  who  are  suffi-
ciently  numerous  and whose residential patterns afford the opportunity
of creating districts in which they will  be  able  to  elect  represen-
tatives of their choice.
  f. Subject and subsidiary to the requirements of subdivisions a, b, c,
d  and  e of this section, the following principles shall be followed in
the creation of senate, assembly, and congressional districts. A princi-
ple with a lower number shall have precedence over a  principle  with  a
higher number.
  i. To the extent possible, counties shall not be divided in the forma-
tion  of  districts,  except  to create districts wholly within a county
pursuant to state law.
  ii. Where possible, county subdivisions shall not be  divided  in  the
formation of districts, except to create districts wholly within a coun-
ty subdivision. For the purposes of this act, a county subdivision shall
be  a city (except for a city with a population of one million or more),
a town, or an Indian reservation whose territory  is  exclusive  of  the

S. 7881--A                          7

territory  of  any city or town. To the extent possible, county subdivi-
sions with larger populations shall be divided in preference to division
of those with smaller populations.
  iii.  If a town must be divided, where possible, incorporated villages
shall not be divided.
  iv. Senate, assembly, and congressional districts shall be as  compact
in  form  as  is  possible.  Plans of senate, assembly, or congressional
districts shall be compared, using average numerical measures, for  each
such plan, of: (A) geographic dispersion, the degree to which the terri-
tory of districts is either tightly packed or widely spread out; (B) the
relation of the perimeter lengths to the areas of districts; and (C) the
dispersion  of  the  populations  of  districts; but no measure shall be
employed that is scale-sensitive,  according  different  weight  to  the
compactness  of  districts  in  rural,  as compared with urban areas, or
yielding different measures for identically shaped districts that differ
only in absolute size.
  v. 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.
  vi.  To  the  extent possible, the residences of two or more incumbent
members of the same body shall not be placed in  the  same  district  of
such  body,  and  the residences of incumbent legislators and members of
congress shall be included in the district with the  largest  number  of
their  existing constituents, but the requirements of subdivisions a, b,
c, d and e of this section, and of paragraphs i, ii, iii, iv  and  v  of
this  subdivision, shall always take precedence over, and shall never be
subordinated to, the requirements of this paragraph or the  preservation
of the cores of existing districts.
  S  4.  This act shall take effect immediately; provided, however, that
the amendments to section 83-m of the legislative law  made  by  section
one  of  this  act  shall  not  affect the expiration and repeal of such
section and shall expire and be deemed repealed therewith.