senate Bill S3254A

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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Feb 01, 2012 print number 3254a
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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S3254 - 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:
S7882A

S3254 - Bill Texts

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

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BILL NUMBER:S3254

TITLE OF BILL:
An act
to amend the legislative law, in relation to establishing the
legislative advisory commission on
redistricting and demographic 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 amending current law and changing the role of the
Legislative Advisory Task Force on Reapportionment and Demographic
Research into a Legislative Advisory Commission on Redistricting and
Demographic Research comprised of nonlegislators selected by
legislative leadership and a chair to be selected by the other
members (consistent with the State Constitution's requirement that
the legislature enact districting legislation). 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.

The legislation includes a timetable so that New York can have new
legislative districts in place for 2012 elections without disruption
and with adequate review time for federal approval required by the
Voting Rights Act.

Modeled after recommendations made by the New York City Bar
Association for a constitutional amendment creating a similar
commission by constitutional amendment and using the same basic
criteria, this legislation creates an independent commission while
also reserving all plan approval with the Legislature, as required by
the State Constitution.

SUMMARY OF PROVISIONS:
Section 1 subparagraph 2 creates an advisory commission on
redistricting to draw senate, assembly and congressional districts.
The commission would have nine members, with each of the four
legislative leaders appointing two members for a term of ten years
beginning April 1 of the year before the census is taken. The ninth
member and chair shall be selected by a vote of at least six of the
other eight members, including one from each appointing authority.

Subsection (b) The districts shall be developed by a vote of at least
five members and submitted to the legislature for a vote. The
commission must establish senate and assembly districts by January 3
1, 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) Provides that staff can be hired and contracts entered
as well as other requirements relating to data collection and
hearings. All expert authorized by this section 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) provides that any monies received by the commission for
sales authorized in subsection (f) be properly credited according to
the state finance laws.

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

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

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

Subsection (1) 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 changing
the name and membership. Eight new non-legislator commission members
would be appointed by the four legislative leaders (two each by the
Speaker, Senate President Pro Tempore and senate and assembly
minority leaders.
The eight appointees would select another non-legislator to serve as

chair. The commission would develop and recommend plans for senate,
assembly, and congressional districts to the legislature for
enactment based on a majority vote. . The commission would also
address changes to plans rejected by the legislature for resubmission
to 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 LA TFOR 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.7882A 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
________________________________________________________________________

                                  3254

                       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  demographic
  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 DEMOGRAPHIC 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.
                                                           LBD08779-01-1

S. 3254                             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. 3254                             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. 3254                             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.  LEGISLATIVE  ADVISORY  COMMISSION ON REDISTRICTING AND DEMOGRAPHIC
RESEARCH.   (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 COMMISSION SHALL CONSIST OF NINE
MEMBERS.  NO  PERSON  SHALL  BE  A 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  MEMBER  OF  THE  DISTRICTING
COMMISSION.  THE  TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY  LEADER  OF
THE  ASSEMBLY  SHALL  EACH  APPOINT  TWO MEMBERS FOR A TERM OF TEN YEARS
COMMENCING ON THE FIRST DAY OF APRIL OF THE YEAR PRECEDING THE  YEAR  IN
WHICH  THE  FEDERAL  DECENNIAL  CENSUS  IS  TAKEN,  EXCEPT THAT, IF THIS
SECTION SHALL BECOME EFFECTIVE AFTER SUCH DATE, THE TERMS OF THE MEMBERS
SHALL COMMENCE AS SOON AS POSSIBLE. IF A SEAT ON  THE  COMMISSION  SHALL
FALL  VACANT,  THE OFFICER OF THE LEGISLATURE WHO APPOINTED THE ORIGINAL
MEMBER SHALL APPOINT A MEMBER TO COMPLETE  THE  UNEXPIRED  TERM;  EXCEPT
THAT, IF MORE THAN TWO MEMBERS APPOINTED BY THE OFFICERS OF EITHER HOUSE
WOULD THEN HAVE BEEN APPOINTED BY AN OFFICER OF THE SAME PARTY, THEN THE
OTHER  OFFICER  OF  THE  SAME  HOUSE  SHALL APPOINT A MEMBER TO FILL THE
VACANCY. THE NINTH MEMBER, WHO SHALL BE THE  CHAIR  OF  THE  COMMISSION,
SHALL BE APPOINTED BY A VOTE OF AT LEAST SIX OF THE OTHER EIGHT MEMBERS,
INCLUDING AT LEAST ONE APPOINTED BY EACH APPOINTING AUTHORITY, TO A TERM
THAT SHALL EXPIRE AT THE SAME TIME AS THE TERMS OF THE OTHER MEMBERS.
  (B)  THE SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS SHALL BE DEVEL-
OPED BY A VOTE OF AT LEAST FIVE MEMBERS OF THE COMMISSION, INCLUDING THE
AFFIRMATIVE VOTE OF THE CHAIR OF THE COMMISSION. THE  PLANS  OF  SENATE,
ASSEMBLY,  AND CONGRESSIONAL DISTRICTS DEVELOPED BY THE COMMISSION SHALL
BE SUBMITTED TO THE LEGISLATURE FOR ENACTMENT. THE SENATE  AND  ASSEMBLY
DISTRICTS  SHALL BE ENACTED INTO LAW NO LATER THAN THE LAST DAY OF JANU-
ARY 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.  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  AT
THAT  TIME  ISSUE  A REPORT EXPLAINING HOW THE DISTRICTS COMPLY WITH THE
REQUIREMENTS OF SUBDIVISION THREE OF THIS ACT. THE COMMISSION SHALL MEET
AND MAKE REMEDIAL ADJUSTMENTS TO PLANS FOR CONGRESSIONAL,  ASSEMBLY  AND
SENATE  DISTRICTS  SHOULD THE LEGISLATURE FAIL TO ADOPT THE COMMISSION'S
PLAN. ANY SUCH REVISED PLANS SHALL BE SUBMITTED TO THE  LEGISLATURE  FOR
PROPER CONSIDERATION. SUCH DISTRICTS 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

S. 3254                             5

TAKING EFFECT PURSUANT TO THIS  SECTION  OR  TO  ANY  PROVISION  OF  THE
CONSTITUTION  AND LAWS OF THE UNITED STATES, THE COMMISSION SHALL RECOM-
MEND NECESSARY ALTERATIONS 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, INCLUD-
ING 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 PROVID-
ING INFORMATION TO THE PUBLIC,  HOLDING  HEARINGS  AND  ADEQUATE  PUBLIC
COMMENT  BEFORE  AND  AFTER  EACH  PLAN  IS  DEVELOPED,  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
PROMULGATE, THE COMMISSION SHALL, WITH THE  APPROVAL  OF  THE  TEMPORARY
PRESIDENT  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  MAINTAIN SUCH GEOGRAPHIC, DEMOGRAPHIC, ELECTION AND VOTER REGISTRA-
TION 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 SHALL BE ENTITLED TO RECEIVE  ACTUAL
AND  NECESSARY  EXPENSES  INCURRED IN THE DISCHARGE OF HIS OR HER DUTIES
AND SHALL BE ENTITLED TO COMPENSATION AS DETERMINED BY THE CHAIR  WITHIN
THE APPROPRIATIONS AVAILABLE THEREFOR.
  (F)  THE  COMMISSION,  WITH  THE  APPROVAL OF ITS CHAIR AND SUBJECT TO
GUIDELINES SUBMITTED BY THE CHAIR AND APPROVED BY THE  TEMPORARY  PRESI-
DENT  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  CORPO-
RATIONS,  OR  OTHER PUBLIC, NOT-FOR-PROFIT AND PRIVATE PERSONS AND AGEN-
CIES, 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 CHAIR, MAY  EXECUTE  CONTRACTS  FOR
SUCH  PURPOSE. ANY CONTRACT EXECUTED HERETOFORE BY THE COMMISSION, WITH-
OUT 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 CHAIR 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. 3254                             6

PROPRIETORSHIP,  SOCIETY,  JOINT  STOCK  COMPANY,  INDIVIDUAL,  OR OTHER
ORGANIZATION OR ENTITY.
  (G)  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.
  (H)  THE CHAIR OF THE COMMISSION IS 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 PROP-
ER TO CARRY OUT THE POWERS, PURPOSES AND OBJECTIVES  OF  THE  COMMISSION
AND THE PROVISIONS THEREOF.
  (I)  THE  COMMISSION, WITH THE APPROVAL OF ITS CHAIR, 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.
  (J) THE COMMISSION MAY HOLD PUBLIC AND PRIVATE HEARINGS AND  OTHERWISE
HAVE ALL OF THE POWERS OF A LEGISLATIVE COMMITTEE UNDER THIS CHAPTER.
  (K)  THE  CHAIR  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.
  (L) 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 LEGIS-
LATURE 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  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 A CITY WITH A POPULATION OF ONE MILLION OR MORE, 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

S. 3254                             7

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  SECTION, EXCEPT THAT, FOR THE PURPOSE OF DETERMINING THE POPU-
LATIONS OF SENATE AND ASSEMBLY DISTRICTS, NO PERSON SHALL BE  DEEMED  TO
HAVE  GAINED  OR LOST A RESIDENCE BY REASON OF CONVICTION AND INCARCERA-
TION 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
FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUN-
TY 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: (1) GEOGRAPHIC DISPERSION, THE DEGREE TO WHICH THE TERRI-
TORY OF DISTRICTS IS EITHER TIGHTLY PACKED OR WIDELY SPREAD OUT, (2) THE
RELATION OF THE PERIMETER LENGTHS TO THE AREAS OF DISTRICTS, AND (3) 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

S. 3254                             8

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 PRECED-
ENCE  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.

S3254A (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:
S7882A

S3254A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S3254A

TITLE OF BILL:
An act
to amend the legislative law, in relation to establishing the
legislative advisory commission on
redistricting and demographic 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 amending current law and changing the role of the
Legislative Advisory Task Force on Reapportionment and Demographic
Research into a Legislative Advisory Commission on Redistricting and
Demographic Research comprised of nonlegislators selected by
legislative leadership and a chair to be selected by the other
members (consistent with the State Constitution's requirement that
the legislature enact districting legislation). 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.

The legislation includes a timetable so that New York can have new
legislative districts in place for 2012 elections without disruption
and with adequate review time for federal approval required by the
Voting Rights Act.

Modeled after recommendations made by the New York City Bar
Association for a constitutional amendment creating a similar
commission by constitutional amendment and using the same basic
criteria, this legislation creates an independent commission while
also reserving all plan approval with the Legislature, as required by
the State Constitution.

SUMMARY OF PROVISIONS:
Section 1 subparagraph 2 creates an advisory commission on
redistricting to draw senate, assembly and congressional districts.
The commission would have nine members, with each of the four
legislative leaders appointing two members for a term of ten years
beginning April 1 of the year before the census is taken. The ninth
member and chair shall be selected by a vote of at least six of the
other eight members, including one from each appointing authority.

Subsection (b) The districts shall be developed by a vote of at least
five members and submitted to the legislature for a vote. The
commission must establish senate and assembly districts by January 3
1, 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) Provides that staff can be hired and contracts entered
as well as other requirements relating to data collection and
hearings. All expert authorized by this section 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) provides that any monies received by the commission for
sales authorized in subsection (f) be properly credited according to
the state finance laws.

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

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

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

Subsection (l) 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 changing
the name and membership. Eight new non-legislator commission members
would be appointed by the four legislative leaders (two each by the
Speaker, Senate President Pro Tempore and senate and assembly
minority leaders.
The eight appointees would select another non-legislator to serve as

chair. The commission would develop and recommend plans for senate,
assembly, and congressional districts to the legislature for
enactment based on a majority vote. . The commission would also
address changes to plans rejected by the legislature for resubmission
to 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.7882A 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
________________________________________________________________________

                                 3254--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  demographic
  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 DEMOGRAPHIC 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.
                                                           LBD08779-02-2

S. 3254--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. 3254--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. 3254--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.  LEGISLATIVE  ADVISORY  COMMISSION ON REDISTRICTING AND DEMOGRAPHIC
RESEARCH.   (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 COMMISSION SHALL CONSIST OF NINE
MEMBERS.  NO  PERSON  SHALL  BE  A 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 MEMBER OF  THE  REDISTRICTING
COMMISSION.  THE  TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY  LEADER  OF
THE  ASSEMBLY  SHALL  EACH  APPOINT  TWO MEMBERS FOR A TERM OF TEN YEARS
COMMENCING ON THE FIRST DAY OF APRIL OF THE YEAR PRECEDING THE  YEAR  IN
WHICH  THE  FEDERAL  DECENNIAL  CENSUS  IS  TAKEN,  EXCEPT THAT, IF THIS
SECTION SHALL BECOME EFFECTIVE AFTER SUCH DATE, THE TERMS OF THE MEMBERS
SHALL COMMENCE AS SOON AS POSSIBLE. IF A SEAT ON  THE  COMMISSION  SHALL
FALL  VACANT,  THE OFFICER OF THE LEGISLATURE WHO APPOINTED THE ORIGINAL
MEMBER SHALL APPOINT A MEMBER TO COMPLETE  THE  UNEXPIRED  TERM;  EXCEPT
THAT, IF MORE THAN TWO MEMBERS APPOINTED BY THE OFFICERS OF EITHER HOUSE
WOULD THEN HAVE BEEN APPOINTED BY AN OFFICER OF THE SAME PARTY, THEN THE
OTHER  OFFICER  OF  THE  SAME  HOUSE  SHALL APPOINT A MEMBER TO FILL THE
VACANCY. THE NINTH MEMBER, WHO SHALL BE THE  CHAIR  OF  THE  COMMISSION,
SHALL BE APPOINTED BY A VOTE OF AT LEAST SIX OF THE OTHER EIGHT MEMBERS,
INCLUDING AT LEAST ONE APPOINTED BY EACH APPOINTING AUTHORITY, TO A TERM
THAT SHALL EXPIRE AT THE SAME TIME AS THE TERMS OF THE OTHER MEMBERS.
  (B)  THE SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS SHALL BE DEVEL-
OPED BY A VOTE OF AT LEAST FIVE MEMBERS OF THE COMMISSION, INCLUDING THE
AFFIRMATIVE VOTE OF THE CHAIR OF THE COMMISSION. THE  PLANS  OF  SENATE,
ASSEMBLY,  AND CONGRESSIONAL DISTRICTS DEVELOPED BY THE COMMISSION SHALL
BE SUBMITTED TO THE LEGISLATURE FOR ENACTMENT. THE SENATE  AND  ASSEMBLY
DISTRICTS  SHALL BE ENACTED INTO LAW NO LATER THAN THE LAST DAY OF JANU-
ARY 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.  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  AT
THAT  TIME  ISSUE  A REPORT EXPLAINING HOW THE DISTRICTS COMPLY WITH THE
REQUIREMENTS OF SUBDIVISION THREE OF THIS ACT. THE COMMISSION SHALL MEET
AND MAKE REMEDIAL ADJUSTMENTS TO PLANS FOR CONGRESSIONAL,  ASSEMBLY  AND
SENATE  DISTRICTS  SHOULD THE LEGISLATURE FAIL TO ADOPT THE COMMISSION'S
PLAN. ANY SUCH REVISED PLANS SHALL BE SUBMITTED TO THE  LEGISLATURE  FOR
PROPER CONSIDERATION. SUCH DISTRICTS SHALL BECOME EFFECTIVE FOR THE NEXT
ENSUING  GENERAL  ELECTION OF SENATORS, ASSEMBLY MEMBERS, AND MEMBERS OF

S. 3254--A                          5

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 RECOM-
MEND NECESSARY ALTERATIONS 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, INCLUD-
ING 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 PROVID-
ING INFORMATION TO THE PUBLIC,  HOLDING  HEARINGS  AND  ADEQUATE  PUBLIC
COMMENT  BEFORE  AND  AFTER  EACH  PLAN  IS  DEVELOPED,  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
PROMULGATE, THE COMMISSION SHALL, WITH THE  APPROVAL  OF  THE  TEMPORARY
PRESIDENT  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  MAINTAIN SUCH GEOGRAPHIC, DEMOGRAPHIC, ELECTION AND VOTER REGISTRA-
TION 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 SHALL BE ENTITLED TO RECEIVE  ACTUAL
AND  NECESSARY  EXPENSES  INCURRED IN THE DISCHARGE OF HIS OR HER DUTIES
AND SHALL BE ENTITLED TO COMPENSATION AS DETERMINED BY THE CHAIR  WITHIN
THE APPROPRIATIONS AVAILABLE THEREFOR.
  (F)  THE  COMMISSION,  WITH  THE  APPROVAL OF ITS CHAIR AND SUBJECT TO
GUIDELINES SUBMITTED BY THE CHAIR AND APPROVED BY THE  TEMPORARY  PRESI-
DENT  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  CORPO-
RATIONS,  OR  OTHER PUBLIC, NOT-FOR-PROFIT AND PRIVATE PERSONS AND AGEN-
CIES, 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 CHAIR, MAY  EXECUTE  CONTRACTS  FOR
SUCH  PURPOSE. ANY CONTRACT EXECUTED HERETOFORE BY THE COMMISSION, WITH-
OUT 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. 3254--A                          6

EXECUTE SUCH CONTRACT. THE CHAIR 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)  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.
  (H)  THE CHAIR OF THE COMMISSION IS 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 PROP-
ER TO CARRY OUT THE POWERS, PURPOSES AND OBJECTIVES  OF  THE  COMMISSION
AND THE PROVISIONS THEREOF.
  (I)  THE  COMMISSION, WITH THE APPROVAL OF ITS CHAIR, 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.
  (J) THE COMMISSION MAY HOLD PUBLIC AND PRIVATE HEARINGS AND  OTHERWISE
HAVE ALL OF THE POWERS OF A LEGISLATIVE COMMITTEE UNDER THIS CHAPTER.
  (K)  THE  CHAIR  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.
  (L) 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 LEGIS-
LATURE 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  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 A CITY WITH A POPULATION OF ONE MILLION OR MORE, 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.

S. 3254--A                          7

  (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 SECTION, EXCEPT THAT, FOR THE PURPOSE OF DETERMINING  THE  POPU-
LATIONS  OF  SENATE AND ASSEMBLY DISTRICTS, NO PERSON SHALL BE DEEMED TO
HAVE GAINED OR LOST A RESIDENCE BY REASON OF CONVICTION  AND  INCARCERA-
TION 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
FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUN-
TY 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: (1) GEOGRAPHIC DISPERSION, THE DEGREE TO WHICH THE TERRI-
TORY OF DISTRICTS IS EITHER TIGHTLY PACKED OR WIDELY SPREAD OUT, (2) THE
RELATION OF THE PERIMETER LENGTHS TO THE AREAS OF DISTRICTS, AND (3) 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.

S. 3254--A                          8

  (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 PRECED-
ENCE 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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