senate Bill S3253A

2011-2012 Legislative Session

Establishes a legislative advisory commission on redistricting and demographic research

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

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Senate Actions - UPPERCASE
Feb 01, 2012 print number 3253a
amend and recommit to investigations and government operations
Jan 04, 2012 referred to investigations and government operations
Feb 14, 2011 referred to investigations and government operations

Bill Amendments

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A (Active)
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S3253 - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Legislative Law
Laws Affected:
Amd §83-m, Leg L
Versions Introduced in 2009-2010 Legislative Session:
S7881A

S3253 - Bill Texts

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Establishes a legislative advisory commission on redistricting and legislative research to draw senate, assembly and congressional districts.

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BILL NUMBER:S3253

TITLE OF BILL:
An act
to amend the legislative law, in relation to establishing the
legislative advisory commission on redistricting and legislative
research

PURPOSE:
New York's present redistricting system has permitted the legislature
to redraw legislative districts disregarding the public's need for
fair representation and responsive government. This legislation
provides for a practical and realistic framework for redistricting
reform by the legislature by amending current law and expanding the
role of the Legislative Advisory Task Force on Reapportionment and
Demographic Research into a Legislative Advisory Commission on
Redistricting and Demographic Research by creating new legislator and
non-legislator memberships. The legislation also requires that the
commission use objective and strict criteria that both follows state
constitutional mandates and minimizes opportunities for so-called
partisan gerrymandering. The legislation also requires outreach
efforts for broad public participation and input.

A timetable provides for plan enactments in time to meet election
calendars for 2012 elections and for adequate review time for
required federal voting Rights Act approval.

While modeled after recommendations made by the New York city Bar
Association for an independent commission by constitutional
amendment, this legislation keeps state constitutional
responsibilities for redistricting within the legislature while
expanding the role of non-legislator members. Strict criteria will
help insure that the legislature follow rules limiting partisan gain
by developing district lines better representing New York's
communities in a fair manner.

SUMMARY OF PROVISIONS:
Section 1 subparagraph 1 creates an advisory task force commission on
redistricting to draw senate, assembly and congressional districts.
The commission would have twelve members, with each of the four
legislative leaders appointing two legislators from their conference
with one appointee from each majority designated as co-chair. The
eight legislator members shall select four public members by a vote
of at least six out of eight members. If legislators divide along
party lines, a majority vote would require at least three of the
non-legislator members.

Subparagraph 2 - The districts shall be developed by a vote of at
least seven members and submitted to the legislature for a vote. The
commission must establish senate and assembly districts by January
31, 2012 and congressional districts must be established by March 31,

2012. The
commission must issue a report on how the plan complies with the
criteria set out in the bill and must issue multiple reports if a
majority cannot be reached on the plans. If the legislature fails to
adopt the plan, the commission shall revise the plan and return all
recommendations to the legislature. All votes shall be taken at
public meetings/hearings. Commission shall promote public
participation, and hold public hearings and allow adequate time for
public comment/submission of proposals.

Subsection (c) Allows for the appropriations of expenses necessary for
such commission.

Subsection (d) Describes the duties of the commission and allows the
commission to conduct research and to maintain specific demographic
and geographic data. All expert reports and data collected from the
public shall be made available to the public.

Subsection (e) provides for expenses of actual and necessary expenses
of Members.

Subsection (f) provides that surveys, data and other tabulations may
be sold to both public and non-public entities.

Subsection (g) authorizes research studies

Subsection (h) provides that any monies received by the commission for
sales authorized in subsection (f) be properly credited according to
the state finance laws.

Subsection (i) and (j) authorize the chair to complete and execute
contracts and to carry out other responsibilities.

Subsection (k) authorizes the commission to hold hearings and to have
all powers of a legislative committee.

Subsection (l) authorizes the chair of the commission to request
certain data to enable the commission to carry out its powers and
duties.

Subsection (m) provides that employees of the commission to be
considered as state legislative employees.

Subparagraph 3: Criteria to be followed

(a) legislative districts shall be as nearly equal in population as
practicable and shall have a deviation that does not exceed ten
percent of the mean population of all districts

(b) Congressional districts shall be as nearly equal in population as
practicable

(c) districts shall contain contiguous territory

(d) no person shall be deemed to gain or lose a residence by reason of
conviction/incarceration

(e) must give equal representation to racial and language minority
groups

(f) criteria hierarchy to be followed:

(i) to the extent possible, counties shall not be divided in the
formation of districts

(ii) to the extent possible, county subdivisions shall not be divided
in the formation of districts except to create districts wholly
within a subdivision

(iii) if a town must be divided, where possible, incorporated villages
shall not be divided

(iv) districts shall be as compact in form as possible

(v) unite communities of interest

(vi) two or more incumbent members shall not be placed in the same
district

EXISTING LAW:
Section 83(m) of the legislative law is amended to replace the current
advisory task force on reapportionment, currently comprised of four
legislators and two non-legislators.

JUSTIFICATION:
This legislation is designed to make New York's redistricting process
more fair, transparent, and objective. The last state senate
redistricting resulted in a greater number of grossly under populated
districts in upstate regions of the state and fewer districts through
overpopulation in downstate areas. Districts were created neglecting
common sense standards of contiguity and compactness. Communities of
interest and common purpose were often ignored, tearing neighborhoods
apart. Traditional redistricting criteria was simply ignored.

Fewer opportunities were available for Hispanics, African Americans
and Caribbean American communities to elect their candidates of choice.

This legislation address the core issues of how districts should be
created and who should create them. While keeping the responsibility
within the legislature as required by the state constitution, the
legislation expands on the role of the Legislative Advisory
Commission on Demographic Research and Reapportionment by adding
additional legislators and non-legislator members. This expanded
eight member commission can develop and recommend one or more plans

for the senate, assembly and congress to the legislature for
enactment. The commission would also deal with making changes to
plans to be considered by the legislature.

Timely deadlines are provided for plan enactments permitting adequate
time for either US Justice Department or DC federal court approval
(for Bronx, New York and Kings counties) and the orderly election
administration.

The commission would be required to work with strict criteria limiting
partisan advantages and abuses common to recent redistricting efforts.

Districts would have to be drawn adhering to minimal population
deviations, thereby preventing regional favoritism and partisan
advantage while at the same time providing enough flexibility to
comply with federal Voting Rights Act Sections 5 and Section 2
requirements.

Other major criteria limit contiguity problems by requiring that
districts remain accessible within 'districts and minimizing
connections by water.. Communities of interest are defined to enable
proper identification of New Yorkers when creating districts.

Districts would be required to be compactly drawn, measured against
standards used by the courts when reviewing redistricting plans.
Partisan favoritism would be heavily eliminated by unnecessarily
pairing legislators into the same district, a technique often
employed by the majority party against the minority party.

The legislation also addresses a long standing civil rights issue
regarding the counting of prisoners for redistricting purposes.
Prisoners incarcerated in state institutions would be counted at
their "home of record" for senate and assembly redistricting.

Thirty years ago, New York was at the forefront of redistricting
reform by creating LATFOR as a mechanism to redraw districts in a new
and fairer way than the 1960s and 1970s post Baker v. Carr decision
rounds permitted.

This new legislation will move New York even further into a more open,
fair and transparent process with strong criteria and greater public
involvement, through additional non-legislator members and public
participation.

LEGISLATIVE HISTORY:
S.7881A of 2010

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

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

                                  3253

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 14, 2011
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

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, subdivision 13 as added by section 2 of part XX
of chapter 57 of the laws of 2010, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08780-01-1

S. 3253                             2

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
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

S. 3253                             3

legislative  task  force on demographic research and reapportionment 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
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.
  13. (a) The task force shall specify the form in which the  department
of  correctional  services shall provide such information required to be
reported to the task force pursuant  to  subdivision  eight  of  section
seventy-one of the correction law.
  (b)  Upon  receipt  of  such  information for each incarcerated person
subject to the jurisdiction of the department of correctional  services,
the  task  force  shall  determine the census block corresponding to the
street address of each such person's residential address prior to incar-
ceration (if any), and the census  block  corresponding  to  the  street
address  of  the  correctional  facility  in  which such person was held
subject to the jurisdiction of such department. Until such time  as  the
United States bureau of the census shall implement a policy of reporting
each such incarcerated person at such person's residential address prior
to  incarceration, the task force shall use such data to develop a data-
base in which all incarcerated persons shall be, where  possible,  allo-
cated  for  redistricting  purposes,  such  that  each  geographic  unit
reflects  incarcerated  populations  at  their  respective   residential
addresses  prior  to  incarceration rather than at the addresses of such
correctional facilities. For all incarcerated persons whose  residential
address prior to incarceration was outside of the state, or for whom the
task  force cannot identify their prior residential address, and for all
persons confined in a federal correctional facility on census  day,  the
task  force  shall  consider  those  persons  to have been counted at an
address unknown and  persons  at  such  unknown  address  shall  not  be
included  in  such data set created pursuant to this paragraph. The task
force shall develop and maintain such amended population  data  set  and
shall  make  such  amended  data  set available to local governments, as
defined in subdivision eight of section two of the municipal  home  rule
law,  and for the drawing of assembly and senate districts. The assembly

S. 3253                             4

and senate districts shall be drawn using such amended  population  data
set.
  (c)  Notwithstanding  any  other  provision  of  law,  the information
required to be provided pursuant to subdivision eight of section  seven-
ty-one  of the correction law shall be treated as confidential and shall
not be disclosed by the task force except as aggregated by census  block
for purpose specified in this subdivision.]
  2.  ESTABLISHMENT AND ALTERATION OF SENATE, ASSEMBLY AND CONGRESSIONAL
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 SUBDIVISION
THREE OF THIS SECTION.  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  OF  SUBDIVISION  THREE  OF  THIS  SECTION.  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 LEGISLATURE FAIL TO ADOPT THE COMMISSION'S PLAN AND
RETURN SUCH RECOMMENDATIONS TO THE LEGISLATURE. THE COMMISSION'S REVISED
PLANS SHALL BE SUBMITTED TO THE LEGISLATURE FOR CONSIDERATION. DISTRICT-
ING 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 SECTION OR TO ANY PROVISION  OF  THE  CONSTITUTION  AND
LAWS OF THE UNITED STATES, THE COMMISSION SHALL MEET TO RECOMMEND ALTER-
ATIONS  NECESSARY  TO  THE LEGISLATURE TO PROVIDE A REMEDY. ALL VOTES OF
THE COMMISSION SHALL BE TAKEN AT PUBLIC  MEETINGS,  AND  THE  COMMISSION

S. 3253                             5

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 PARTIC-
IPATION  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 SECTION, 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 SECTION 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.
  (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,

S. 3253                             6

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  NINETY-SEVEN-UU  OF  THE  STATE
FINANCE LAW.  THE MONEYS HEREBY CREDITED TO SUCH FUND MAY BE MADE AVAIL-
ABLE  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 NINETY-SEVEN-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.
  (M) EMPLOYEES OF THE COMMISSION SHALL BE CONSIDERED TO BE EMPLOYEES OF
THE LEGISLATURE FOR ALL PURPOSES.
  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 PARAGRAPHS  (C),  (E)
AND  (F)  OF  THIS SUBDIVISION, 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 DIFFER-
ENCE  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 DECIMALS, SHALL NOT DIFFER  BY  AN  AMOUNT
GREATER  THAN  0.50.  THE  POPULATIONS  OF  ANY  TWO  SENATE OR ASSEMBLY
DISTRICTS ADJOINING WITHIN A COUNTY SUBDIVISION, OR, IN NEW  YORK  CITY,

S. 3253                             7

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 PARAGRAPH (F) OF THIS SUBDIVISION 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 PARAGRAPHS (A), (B),
(C),  (D) AND (E) OF THIS SUBDIVISION, THE FOLLOWING PRINCIPLES SHALL BE
FOLLOWED  IN  THE  CREATION  OF  SENATE,  ASSEMBLY,  AND   CONGRESSIONAL
DISTRICTS.  A PRINCIPLE 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 SECTION, 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 TERRITORY OF ANY CITY OR TOWN. TO THE EXTENT POSSIBLE, COUNTY SUBDI-
VISIONS  WITH LARGER POPULATIONS SHALL BE DIVIDED IN PREFERENCE TO DIVI-
SION 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.

S. 3253                             8

  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 PARAGRAPHS (A),
(B), (C), (D) AND (E) OF THIS SUBDIVISION, AND OF SUBPARAGRAPHS  I,  II,
III,  IV AND V OF THIS PARAGRAPH, SHALL ALWAYS TAKE PRECEDENCE OVER, AND
SHALL NEVER BE SUBORDINATED TO, THE REQUIREMENTS OF THIS SUBPARAGRAPH OR
THE PRESERVATION OF THE CORES OF EXISTING DISTRICTS.
  S 2. 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 repeal of such section and shall be
deemed repealed therewith.

S3253A (ACTIVE) - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Legislative Law
Laws Affected:
Amd §83-m, Leg L
Versions Introduced in 2009-2010 Legislative Session:
S7881A

S3253A (ACTIVE) - Bill Texts

view summary

Establishes a legislative advisory commission on redistricting and legislative research to draw senate, assembly and congressional districts.

view sponsor memo
BILL NUMBER:S3253A

TITLE OF BILL:
An act
to amend the legislative law, in relation to establishing the
legislative advisory commission on redistricting and legislative
research

PURPOSE:
New York's present redistricting system has permitted the legislature
to redraw legislative districts disregarding the public's need for
fair representation and responsive government. This legislation
provides for a practical and realistic framework for redistricting
reform by the legislature by amending current law and expanding the
role of the Legislative Advisory Task Force on Reapportionment and
Demographic Research into a Legislative Advisory Commission on
Redistricting and Demographic Research by creating new legislator and
non-legislator memberships. The legislation also requires that the
commission use objective and strict criteria that both follows state
constitutional mandates and minimizes opportunities for so-called
partisan gerrymandering. The legislation also requires outreach
efforts for broad public participation and input.

A timetable provides for plan enactments in time to meet election
calendars for 2012 elections and for adequate review time for
required federal voting Rights Act approval.

While modeled after recommendations made by the New York city Bar
Association for an independent commission by constitutional
amendment, this legislation keeps state constitutional
responsibilities for redistricting within the legislature while
expanding the role of non-legislator members. Strict criteria will
help insure that the legislature follow rules limiting partisan gain
by developing district lines better representing New York's
communities in a fair manner.

SUMMARY OF PROVISIONS:
Section 1 subparagraph 1 creates an advisory task force commission on
redistricting to draw senate, assembly and congressional districts.
The commission would have twelve members, with each of the four
legislative leaders appointing two legislators from their conference
with one appointee from each majority designated as co-chair. The
eight legislator members shall select four public members by a vote
of at least six out of eight members. If legislators divide along
party lines, a majority vote would require at least three of the
non-legislator members.

Subparagraph 2 - The districts shall be developed by a vote of at
least seven members and submitted to the legislature for a vote. The
commission must establish senate and assembly districts by January
31, 2012 and congressional districts must be established by March 31,

2012. The
commission must issue a report on how the plan complies with the
criteria set out in the bill and must issue multiple reports if a
majority cannot be reached on the plans. If the legislature fails to
adopt the plan, the commission shall revise the plan and return all
recommendations to the legislature. All votes shall be taken at
public meetings/hearings. Commission shall promote public
participation, and hold public hearings and allow adequate time for
public comment/submission of proposals.

Subsection (c) Allows for the appropriations of expenses necessary for
such commission.

Subsection (d) Describes the duties of the commission and allows the
commission to conduct research and to maintain specific demographic
and geographic data. All expert reports and data collected from the
public shall be made available to the public.

Subsection (e) provides for expenses of actual and necessary expenses
of Members.

Subsection (f) provides that surveys, data and other tabulations may
be sold to both public and non-public entities.

Subsection (g) authorizes research studies

Subsection (h) provides that any monies received by the commission for
sales authorized in subsection (f) be properly credited according to
the state finance laws.

Subsection (i) and (j) authorize the chair to complete and execute
contracts and to carry out other responsibilities.

Subsection (k) authorizes the commission to hold hearings and to have
all powers of a legislative committee.

Subsection (l) authorizes the chair of the commission to request
certain data to enable the commission to carry out its powers and
duties.

Subsection (m) provides that employees of the commission to be
considered as state legislative employees.

Subparagraph 3: Criteria to be followed

(a) legislative districts shall be as nearly equal in population as
practicable and shall have a deviation that does not exceed ten
percent of the mean population of all districts

(b) Congressional districts shall be as nearly equal in population as
practicable

(c) districts shall contain contiguous territory

(d) no person shall be deemed to gain or lose a residence by reason of
conviction/incarceration

(e) must give equal representation to racial and language minority
groups

(f) criteria hierarchy to be followed:

(i) to the extent possible, counties shall not be divided in the
formation of districts

(ii) to the extent possible, county subdivisions shall not be divided
in the formation of districts except to create districts wholly
within a subdivision

(iii) if a town must be divided, where possible, incorporated villages
shall not be divided

(iv) districts shall be as compact in form as possible

(v) unite communities of interest

(vi) two or more incumbent members shall not be placed in the same
district

EXISTING LAW:
Section 83(m) of the legislative law is amended to replace the current
advisory task force on reapportionment, currently comprised of four
legislators and two non-legislators.

JUSTIFICATION:
This legislation is designed to make New York's redistricting process
more fair, transparent, and objective. The last state senate
redistricting resulted in a greater number of grossly under populated
districts in upstate regions of the state and fewer districts through
overpopulation in downstate areas. Districts were created neglecting
common sense standards of contiguity and compactness. Communities of
interest and common purpose were often ignored, tearing neighborhoods
apart. Traditional redistricting criteria was simply ignored.

Fewer opportunities were available for Hispanics, African Americans
and Caribbean American communities to elect their candidates of choice.

This legislation addresses the core issues of how districts should be
created and who should create them. While keeping the responsibility
within the legislature as required by the state constitution, the
legislation expands on the role of the Legislative Advisory
Commission on Demographic Research and Reapportionment by adding
additional legislators and non-legislator members. This expanded
eight member commission can develop and recommend one or more plans

for the senate, assembly and congress to the legislature for
enactment. The commission would also deal with making changes to
plans to be considered by the legislature.

Timely deadlines are provided for plan enactments permitting adequate
time for either US Justice Department or DC federal court approval
(for Bronx, New York and Kings counties) and the orderly election
administration.

The commission would be required to work with strict criteria limiting
partisan advantages and abuses common to recent redistricting efforts.

Districts would have to be drawn adhering to minimal population
deviations, thereby preventing regional favoritism and partisan
advantage while at the same time providing enough flexibility to
comply with federal Voting Rights Act Sections 5 and Section 2
requirements.

Other major criteria limit contiguity problems by requiring that
districts remain accessible within 'districts and minimizing
connections by water.. Communities of interest are defined to enable
proper identification of New Yorkers when creating districts.

Districts would be required to be compactly drawn, measured against
standards used by the courts when reviewing redistricting plans.
Partisan favoritism would be heavily eliminated by unnecessarily
pairing legislators into the same district, a technique often
employed by the majority party against the minority party.

The legislation also addresses a long standing civil rights issue
regarding the counting of prisoners for redistricting purposes.
Prisoners incarcerated in state institutions would be counted at
their "home of record" for senate and assembly redistricting.

Thirty years ago, New York was at the forefront of redistricting
reform by creating LATFOR as a mechanism to redraw districts in a new
and fairer way than the 1960s and 1970s post Baker v. Carr decision
rounds permitted.

This new legislation will move New York even further into a more open,
fair and transparent process with strong criteria and greater public
involvement, through additional non-legislator members and public
participation.

LEGISLATIVE HISTORY:
S.7881A of 2010

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

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

                                 3253--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 14, 2011
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  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, subdivision 13 as amended by section 118 of
subpart B of part C of chapter 62 of the laws of  2011,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08780-02-2

S. 3253--A                          2

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
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

S. 3253--A                          3

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
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.
  13. (a) The task force shall specify the form in which the  department
of  corrections and community supervision shall provide such information
required to be reported to the task force pursuant to subdivision  eight
of section seventy-one of the correction law.
  (b)  Upon  receipt  of  such  information for each incarcerated person
subject to the jurisdiction of the department of corrections and  commu-
nity supervision, the task force shall determine the census block corre-
sponding to the street address of each such person's residential address
prior  to  incarceration (if any), and the census block corresponding to
the street address of the correctional facility in which such person was
held subject to the jurisdiction of such department. Until such time  as
the  United  States  bureau  of  the  census shall implement a policy of
reporting each such incarcerated person  at  such  person's  residential
address  prior  to  incarceration, the task force shall use such data to
develop a database in which all incarcerated  persons  shall  be,  where
possible, allocated for redistricting purposes, such that each geograph-
ic  unit  reflects incarcerated populations at their respective residen-
tial addresses prior to incarceration rather than at  the  addresses  of
such  correctional  facilities. For all incarcerated persons whose resi-
dential address prior to incarceration was outside of the state, or  for
whom the task force cannot identify their prior residential address, and
for  all  persons  confined in a federal correctional facility on census
day, the task force shall consider those persons to have been counted at
an address unknown and persons at such  unknown  address  shall  not  be
included  in  such data set created pursuant to this paragraph. The task

S. 3253--A                          4

force shall develop and maintain such amended population  data  set  and
shall  make  such  amended  data  set available to local governments, as
defined in subdivision eight of section two of the municipal  home  rule
law,  and for the drawing of assembly and senate districts. The assembly
and senate districts shall be drawn using such amended  population  data
set.
  (c)  Notwithstanding  any  other  provision  of  law,  the information
required to be provided pursuant to subdivision eight of section  seven-
ty-one  of the correction law shall be treated as confidential and shall
not be disclosed by the task force except as aggregated by census  block
for purpose specified in this subdivision.]
  2.  ESTABLISHMENT AND ALTERATION OF SENATE, ASSEMBLY AND CONGRESSIONAL
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 SUBDIVISION
THREE OF THIS SECTION.  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  OF  SUBDIVISION  THREE  OF  THIS  SECTION.  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 LEGISLATURE FAIL TO ADOPT THE COMMISSION'S PLAN AND
RETURN SUCH RECOMMENDATIONS TO THE LEGISLATURE. THE COMMISSION'S REVISED
PLANS SHALL BE SUBMITTED TO THE LEGISLATURE FOR CONSIDERATION. DISTRICT-
ING 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

S. 3253--A                          5

PURSUANT TO THIS SECTION OR TO ANY PROVISION  OF  THE  CONSTITUTION  AND
LAWS OF THE UNITED STATES, THE COMMISSION SHALL MEET TO RECOMMEND ALTER-
ATIONS  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  PARTIC-
IPATION  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 SECTION, 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 SECTION 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.
  (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

S. 3253--A                          6

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  NINETY-SEVEN-UU  OF  THE  STATE
FINANCE LAW.  THE MONEYS HEREBY CREDITED TO SUCH FUND MAY BE MADE AVAIL-
ABLE  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 NINETY-SEVEN-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.
  (M) EMPLOYEES OF THE COMMISSION SHALL BE CONSIDERED TO BE EMPLOYEES OF
THE LEGISLATURE FOR ALL PURPOSES.
  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 PARAGRAPHS  (C),  (E)
AND  (F)  OF  THIS SUBDIVISION, 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 DIFFER-
ENCE  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

S. 3253--A                          7

NUMBERS FOLLOWED BY TWO-DIGIT DECIMALS, SHALL NOT DIFFER  BY  AN  AMOUNT
GREATER  THAN  0.50.  THE  POPULATIONS  OF  ANY  TWO  SENATE OR ASSEMBLY
DISTRICTS ADJOINING WITHIN A COUNTY SUBDIVISION, 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 PARAGRAPH (F) OF THIS SUBDIVISION 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 PARAGRAPHS (A), (B),
(C), (D) AND (E) OF THIS SUBDIVISION, THE FOLLOWING PRINCIPLES SHALL  BE
FOLLOWED   IN  THE  CREATION  OF  SENATE,  ASSEMBLY,  AND  CONGRESSIONAL
DISTRICTS. A PRINCIPLE 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 SECTION, 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 TERRITORY OF ANY CITY OR TOWN. TO THE EXTENT POSSIBLE, COUNTY SUBDI-
VISIONS WITH LARGER POPULATIONS SHALL BE DIVIDED IN PREFERENCE TO  DIVI-
SION 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

S. 3253--A                          8

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  PARAGRAPHS  (A),
(B),  (C),  (D) AND (E) OF THIS SUBDIVISION, AND OF SUBPARAGRAPHS I, II,
III, IV AND V OF THIS PARAGRAPH, SHALL ALWAYS TAKE PRECEDENCE OVER,  AND
SHALL NEVER BE SUBORDINATED TO, THE REQUIREMENTS OF THIS SUBPARAGRAPH OR
THE PRESERVATION OF THE CORES OF EXISTING DISTRICTS.
  S  2.  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 repeal of such section and shall be
deemed repealed therewith.

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