senate Bill S660

2011-2012 Legislative Session

Establishes apportionment commission to create apportionment plans for congressional and state legislative districts based on federal censuses; repealer

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Archive: Last Bill Status - In Committee


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

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Jan 04, 2012 referred to investigations and government operations
Jan 05, 2011 referred to investigations and government operations

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S660 - Bill Details

See Assembly Version of this Bill:
A5602
Current Committee:
Law Section:
Legislative Law
Laws Affected:
Amd §§5-a & 12, rpld §83-m, add Art 6-A §§93 - 99, Leg L
Versions Introduced in 2009-2010 Legislative Session:
S1614B, A5279B

S660 - Bill Texts

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Establishes an apportionment commission to create apportionment plans for congressional and state legislative districts based on decennial federal census, which shall be considered by and voted upon by the state legislature; eliminates the legislative task force on demographic research and reapportionment.

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BILL NUMBER:S660

TITLE OF BILL:
An act
to amend the legislative law, in relation to apportionment of
congressional, senate and assembly districts; and to repeal section 83-m
of such law relating to the legislative task force on demographic
research and reapportionment

PURPOSE OR GENERAL IDEA OF BILL:
To establish an independent reapportionment commission to propose for
approval by the state legislature district boundaries for congress,
state Senate and Assembly districts every ten years following the U.S.
Census.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would establish a citizen apportionment commission that
would draw maps for congressional and state legislative district
boundaries every ten years following the U.S. Census. The commission
would propose district boundaries that would be submitted to the
legislature for approval. AS many as three plans would be developed,
with public hearings required if the first two plans are rejected, at
which the legislature would testify to the commission regarding any
objections to the plan. The legislature would have the ability to
amend only a third plan, which would be submitted by the commission.
Thus, the legislature would have the ultimate authority in approving
a final plan, with the ability to amend a third plan should previous
plans be rejected.

The district lines for all plans would be drawn according to a set of
principles and guidelines that do not abridge or deny minority voting
rights while seeking to align districts as best as possible with
local boundaries and community character to ensure the even-handed
and nonpartisan drawing of lines. The citizen apportionment
commission would be appointed by the legislative leaders from a pool
of candidates who are vetted for conflicts of interest by a separate
nominations committee.

The specific provisions of the legislation are detailed below.

Sections 1 and 2 - Removes mention of the legislative task force on
demographic research and reapportionment (LATFOR) from sections 5-a
and 12 of the legislative law, replacing it with the civilian
apportionment commission.

Section 3 - Repeals section 83-m of the legislative law with regard to
the formation of LATFOR.

Section 4 - Amends the legislative law by adding a new article 6-a with
regard to the creation of a citizen apportionment commission and
apportionment nominations committee.

The nominations committee would be composed of eight members, with the
temporary president of the senate, speaker of the assembly, minority
leader of the senate, and minority leader of the assembly each
appointing two members. Members could not serve if they currently


hold or, in the past two years, have held elective or public office,
a position as a lobbyist, a political party position, or are a
relative or spouse of an elected or public official.

The nominations committee develops a list of 40 persons known as the
"nominations pool" who are vetted for conflicts of interest (such as
having held or holding public office, being a registered lobbyist,
among other items described above), and consist of the following
members: 15 persons enrolled as Democrats, 15 persons enrolled as
Republicans, and 10 persons not enrolled as Democrats or Republicans.
Members would also be selected to represent the geographic, racial,
ethnic, and gender diversity of the state.

The apportionment commission would be selected from the members of the
nominations pool, with each legislative leader (majority and
minority) appointing two members, for a total of eight members. The
eight members would then appoint three additional members, One of
whom would serve as Chair of the commission. No more than four
members of the apportionment commission would be enrolled in the same
political party, and members would be selected to represent the
diversity of the state as described above. The commission would be
charged with developing reapportionment plans and would make such
plans and corresponding data available to the public.

All apportionment plans would be drawn according to the following
principles:

- all congressional district shall be as nearly equal in population as
practicable;
- districts shall be contiguous;
- districts shall not be established that abridge or deny minority
voting rights;
- districts shall not be drawn to favor or oppose any political party,
incumbent, or candidates for office;
- the most and least populous senate and assembly districts shall not
exceed the mean population of districts for each house by more than
one percent;
- counties and county subdivisions shall not be divided in the
formation of districts, and where it is unavoidable, more populous
counties or subdivisions will be divided in preference to those with
smaller populations;
- villages shall not be divided;
- districts shall be as compact as possible; and
- districts shall unite communities of interest.

The commission would hold public hearings throughout the state on the
first apportionment plan submitted to the legislature. After the
public hearings, the plan would require a vote of the legislature
without amendments. If the proposal is rejected, the commission would
submit an amended proposal after hearing the reasons given by the
legislature
regarding the first plan's rejection at a public hearing. The second
plan, again, would be voted upon by the legislature without amendments.
If the second proposal is also rejected, the commission would submit a
third plan following a second public hearing at which the legislature
would testify. The third plan would be subject to the normal
amendment process.


JUSTIFICATION:
Concerned New Yorkers have indicated that the current reapportionment
process exposes the legislature to claims that the deck is stacked to
favor the re-election of incumbents and to discourage potential
challengers, as signified by the large number of unopposed elections
and the largely uncompetitive nature of most other contests.
Furthermore, it appears as if voters are selected by legislators
through the redistricting process, rather than voters selecting the
candidates of their choice. The oddly shaped districts are perceived
to be drawn to maximize the election of incumbents above all else,
creating disjointed boundaries that are not aligned to local
divisions and undermine the fabric of the community.

While most legislators are being re-elected because of their diligent
efforts to represent their constituents, the appearance that the
reapportionment process is subject to conflicts of interests should
be eliminated. An independent commission would enable the
reapportionment process to unfold in a manner that debunks any claims
that legislators are primarily concerned with apportioning districts
in order to facilitate their own re-elections.

The process proposed in this bill is similar to that used successfully
in Iowa for many years and recently implemented in California, and is
supported by all the leading good government organizations in New York.

PRIOR LEGISLATIVE HISTORY:
S.7124 in 2006
S.1155 in 2007
S.1614 in 2009

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

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

                                   660

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. VALESKY, GIANARIS, KLEIN, ADAMS, BONACIC, BRESLIN,
  DUANE, KRUEGER,  MONTGOMERY,  PERKINS,  SERRANO,  SQUADRON,  STAVISKY,
  STEWART-COUSINS,  YOUNG  --  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  apportionment  of
  congressional,  senate  and  assembly districts; and to repeal section
  83-m of such law relating to the legislative task force on demographic
  research and reapportionment

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

  Section  1.  Subdivision  3  of section 5-a of the legislative law, as
added by chapter 630 of the laws  of  1998,  the  opening  paragraph  as
amended  by  section  1 of part QQ of chapter 56 of the laws of 2010, is
amended to read as follows:
  3. Any member of the assembly serving in a special capacity in a posi-
tion set forth in the following schedule shall be paid the allowance set
forth in such schedule only for the legislative term commencing  January
first,  two  thousand  eleven and terminating December thirty-first, two
thousand twelve:

                 ASSEMBLYMEN SERVING IN SPECIAL CAPACITY

Chairman of legislative commission on public management
 systems ........................................................ 12,500
Chairman of legislative commission on science and
 technology ..................................................... 12,500
Co-chairman of the legislative commission on water
 resource needs of New York state and Long Island ......... no allowance
[Co-chairman of the legislative task force on

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03505-01-1

S. 660                              2

 demographic research and reapportionment ...................... 15,000]
Chairman of the assembly task force on farm,
 food and nutrition ............................................. 12,500
Ranking minority member of the assembly task force
 on farm, food and nutrition ..................................... 9,000
Chairman of the legislative commission on skills
 development and career education ............................... 12,500
Vice-Chairman of the legislative commission on the
 development of rural resources ................................. 12,500
  S  2.  Subdivision 5 of section 12 of the legislative law, as added by
chapter 141 of the laws of 1994, is amended to read as follows:
  5. Notwithstanding any provision of law to the contrary, services  and
expenses  of the legislative health service, legislative library, legis-
lative messenger service, legislative  ethics  committee,  [joint  oper-
ations  of  the legislative task force on demographic research and reap-
portionment] APPORTIONMENT COMMISSION, and contributions to the national
conference of state legislatures shall be payable after audit by and  on
the  warrant of the comptroller upon vouchers certified by the temporary
president of the senate or his or her designee and the  speaker  of  the
assembly or his or her designee.
  S 3. Section 83-m of the legislative law is REPEALED.
  S  4.  The  legislative  law is amended by adding a new article 6-A to
read as follows:
                                ARTICLE 6-A
                     APPORTIONMENT OF CONGRESSIONAL
                     AND STATE LEGISLATIVE DISTRICTS
SECTION 93. LEGISLATIVE INTENT.
        94. APPORTIONMENT NOMINATIONS COMMITTEE.
        95. POWERS AND DUTIES OF COMMITTEE.
        96. APPORTIONMENT COMMISSION.
        97. POWERS AND DUTIES OF COMMISSION.
        98. APPORTIONMENT.
        99. APPLICATION OF ARTICLE.
  S 93. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY  FINDS  AND  DECLARES
THAT:
  1.  THERE  IS  A  NEED  FOR INTENSIVE AND THOROUGH STUDY, RESEARCH AND
INQUIRY INTO THE TECHNIQUES AND METHODOLOGY TO BE USED BY THE BUREAU  OF
THE  CENSUS OF THE UNITED STATES COMMERCE DEPARTMENT IN CARRYING OUT THE
DECENNIAL FEDERAL CENSUS;
  2. A TECHNICAL PLAN WILL BE NEEDED  TO  MEET  THE  REQUIREMENTS  OF  A
LEGISLATIVE  TIMETABLE  FOR A REAPPORTIONMENT OF THE SENATE AND ASSEMBLY
DISTRICTS AND THE CONGRESSIONAL DISTRICTS OF THE  STATE  BASED  ON  SUCH
CENSUS; AND
  3. THE APPORTIONMENT COMMISSION IS NECESSARY TO ASSIST THE LEGISLATURE
IN  THE PERFORMANCE OF ITS RESPONSIBILITIES AND IN THE CONDUCT OF LEGIS-
LATIVE RESEARCH PROJECTS RELATING THERETO.
  S 94. APPORTIONMENT NOMINATIONS COMMITTEE. 1. ON OR BEFORE  THE  FIRST
OF DECEMBER OF EACH YEAR ENDING WITH A NINE OR AS SOON AS POSSIBLE AFTER
THE EFFECTIVE DATE OF THIS ARTICLE, THERE SHALL BE ESTABLISHED AN APPOR-
TIONMENT  NOMINATIONS  COMMITTEE  TO  SELECT  THOSE PERSONS WHO SHALL BE
ELIGIBLE TO BE APPOINTED AS  MEMBERS  OF  THE  APPORTIONMENT  COMMISSION
CREATED IN SECTION NINETY-SIX OF THIS ARTICLE. EACH SUCH COMMITTEE SHALL
REMAIN  IN EXISTENCE UNTIL ITS DUTIES PURSUANT TO SECTION NINETY-FIVE OF
THIS ARTICLE HAVE BEEN COMPLETED.
  2. THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL BE COMPOSED OF  EIGHT
MEMBERS, APPOINTED AS FOLLOWS:

S. 660                              3

  (A)  TWO  MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
  (B) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (C)  TWO  MEMBERS  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
SENATE; AND
  (D) TWO MEMBERS SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
ASSEMBLY.
  3.   THE  APPORTIONMENT  NOMINATIONS  COMMITTEE  SHALL  DESIGNATE  TWO
CO-CHAIRS FROM AMONG ITS MEMBERS  BY  A  SIMPLE  MAJORITY  VOTE  OF  ALL
MEMBERS.
  4.  THE  MEMBERS  OF  THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL BE
REGISTERED VOTERS IN THIS STATE. NO MEMBER OF SUCH COMMITTEE SHALL:
  (A) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS AN ELECTED GOVERN-
MENTAL OFFICE;
  (B) HOLD OR  HAVE  HELD  WITHIN  THE  PREVIOUS  TWO  YEARS  ANY  OTHER
APPOINTED GOVERNMENTAL OR POLITICAL PARTY POSITION;
  (C) BE EMPLOYED OR HAVE BEEN EMPLOYED WITHIN THE PREVIOUS TWO YEARS IN
ANY OTHER POSITION BY THE UNITED STATES CONGRESS, THE STATE LEGISLATURE,
THE  EXECUTIVE  CHAMBER,  THE  UNIFIED COURT SYSTEM OR THE FEDERAL COURT
SYSTEM;
  (D) BE OR HAVE BEEN WITHIN THE PREVIOUS TWO YEARS A REGISTERED  LOBBY-
IST IN THIS STATE PURSUANT TO ARTICLE ONE-A OF THIS CHAPTER;
  (E)  BE  THE  SPOUSE  OF ANY MEMBER OF THE UNITED STATES CONGRESS, THE
STATE LEGISLATURE, THE EXECUTIVE CHAMBER, THE UNIFIED  COURT  SYSTEM  OR
THE FEDERAL COURT SYSTEM; OR
  (F)  BE RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY MEMBER
OF THE UNITED STATES CONGRESS,  THE  STATE  LEGISLATURE,  THE  EXECUTIVE
CHAMBER, THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM, OR TO THE
SPOUSE OF ANY SUCH PERSON.
  5.  THE  MEMBERS  OF  THE  APPORTIONMENT  NOMINATIONS  COMMITTEE SHALL
RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE  ALLOWED  THEIR
ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE PERFORMANCE OF THEIR
DUTIES.
  6. THE MEMBERS OF THE APPORTIONMENT  NOMINATIONS  COMMITTEE  SHALL  BE
APPOINTED AND SERVE FOR THE DURATION OF SUCH COMMITTEE. ALL VACANCIES IN
THE  MEMBERSHIP OF SUCH COMMITTEE SHALL BE FILLED IN THE MANNER PROVIDED
FOR ORIGINAL APPOINTMENTS.
  S 95. POWERS AND DUTIES OF COMMITTEE. 1. THE APPORTIONMENT NOMINATIONS
COMMITTEE SHALL HAVE THE POWER AND DUTY TO, ON OR BEFORE  THE  FIRST  OF
MARCH  IN  EACH YEAR ENDING WITH A ZERO OR AS SOON AS POSSIBLE AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, ESTABLISH A LIST OF  FORTY  PERSONS  WHO
SHALL  BE  ELIGIBLE  TO  BE  APPOINTED  AS  MEMBERS OF THE APPORTIONMENT
COMMISSION. SUCH LIST SHALL HEREINAFTER BE REFERRED TO IN  THIS  ARTICLE
AS THE "NOMINATIONS POOL".
  2.  THE  MEMBERS  OF  THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL BY
MAJORITY VOTE SELECT EACH PERSON TO BE INCLUDED IN THE NOMINATIONS POOL.
UPON COMPLETION OF SUCH POOL, SUCH COMMITTEE SHALL SUBMIT A COPY OF  THE
NOMINATIONS  POOL  TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER
OF THE ASSEMBLY, THE MINORITY LEADER OF  THE  SENATE  AND  THE  MINORITY
LEADER OF THE ASSEMBLY.
  3. THE NOMINATIONS POOL SHALL INCLUDE:
  (A) FIFTEEN PERSONS WHO ARE ENROLLED AS DEMOCRATS;
  (B) FIFTEEN PERSONS WHO ARE ENROLLED AS REPUBLICANS; AND
  (C)  TEN  PERSONS WHO ARE NOT ENROLLED AS EITHER DEMOCRATS OR REPUBLI-
CANS.

S. 660                              4

  4. PERSONS SELECTED TO THE NOMINATIONS POOL SHALL BE REGISTERED VOTERS
IN THIS STATE. NO SUCH PERSON SHALL:
  (A) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS AN ELECTED GOVERN-
MENTAL OFFICE;
  (B)  HOLD  OR  HAVE  HELD  WITHIN  THE  PREVIOUS  TWO  YEARS ANY OTHER
APPOINTED GOVERNMENTAL OR POLITICAL PARTY POSITION;
  (C) BE A MEMBER OF THE APPORTIONMENT NOMINATIONS COMMITTEE CREATED  IN
SECTION NINETY-FOUR OF THIS ARTICLE;
  (D) BE EMPLOYED OR HAVE BEEN EMPLOYED WITHIN THE PREVIOUS TWO YEARS IN
ANY OTHER POSITION BY THE UNITED STATES CONGRESS, THE STATE LEGISLATURE,
THE  EXECUTIVE  CHAMBER,  THE  UNIFIED COURT SYSTEM OR THE FEDERAL COURT
SYSTEM;
  (E) BE OR HAVE BEEN WITHIN THE PREVIOUS TWO YEARS A REGISTERED  LOBBY-
IST IN THIS STATE PURSUANT TO ARTICLE ONE-A OF THIS CHAPTER;
  (F)  BE  THE  SPOUSE  OF ANY MEMBER OF THE UNITED STATES CONGRESS, THE
STATE LEGISLATURE, THE EXECUTIVE CHAMBER, THE UNIFIED  COURT  SYSTEM  OR
THE FEDERAL COURT SYSTEM; OR
  (G)  BE RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY MEMBER
OF THE UNITED STATES CONGRESS,  THE  STATE  LEGISLATURE,  THE  EXECUTIVE
CHAMBER, THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM, OR TO THE
SPOUSE OF ANY SUCH PERSON.
  5.  (A) THE NOMINATIONS POOL SHALL INCLUDE AT LEAST THREE PERSONS FROM
EACH OF THE FOLLOWING REGIONS OF THE STATE, WITH  THE  REMAINDER  TO  BE
NOMINATED  FROM  SUCH  REGIONS  IN PROPORTION TO THE DISTRIBUTION OF THE
STATE'S POPULATION IN EACH REGION:
  (I) LONG ISLAND;
  (II) NEW YORK CITY;
  (III) HUDSON VALLEY;
  (IV) NORTHERN;
  (V) CENTRAL;
  (VI) SOUTHERN TIER; AND
  (VII) WESTERN.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING REGIONS  SHALL
BE COMPOSED OF THE FOLLOWING COUNTIES;
  (I) LONG ISLAND: THE COUNTIES OF NASSAU AND SUFFOLK;
  (II) NEW YORK CITY: THE COUNTIES OF BRONX, KINGS, NEW YORK, QUEENS AND
RICHMOND;
  (III)  HUDSON  VALLEY:  THE COUNTIES OF WESTCHESTER, ROCKLAND, PUTNAM,
ORANGE, DUTCHESS, ULSTER, COLUMBIA, GREENE, RENSSELAER, ALBANY AND SCHE-
NECTADY;
  (IV) NORTHERN: THE COUNTIES OF SARATOGA,  WASHINGTON,  WARREN,  ESSEX,
CLINTON,  FRANKLIN,  ST. LAWRENCE, HAMILTON, FULTON, HERKIMER, LEWIS AND
JEFFERSON;
  (V) CENTRAL: THE COUNTIES OF SCHOHARIE, MONTGOMERY, OTSEGO,  CHENANGO,
MADISON, ONEIDA, OSWEGO, CORTLAND, ONONDAGA AND CAYUGA;
  (VI) SOUTHERN TIER: THE COUNTIES OF SULLIVAN, DELAWARE, BROOME, TIOGA,
TOMPKINS, SCHUYLER, STEUBEN, ALLEGANY, CATTARAUGUS AND CHAUTAUQUA; AND
  (VII)  WESTERN: THE COUNTIES OF SENECA, YATES, ONTARIO, WAYNE, MONROE,
LIVINGSTON, WYOMING, GENESEE, ORLEANS, NIAGARA AND ERIE.
  6. TO THE EXTENT PRACTICABLE, THE APPORTIONMENT NOMINATIONS  COMMITTEE
SHALL  ENSURE  THAT  THE  NOMINATIONS POOL REFLECTS THE DIVERSITY OF THE
RESIDENTS OF THE STATE WITH REGARD TO RACE, ETHNICITY AND GENDER.
  S 96. APPORTIONMENT COMMISSION. 1. THERE SHALL BE  CREATED  AN  APPOR-
TIONMENT  COMMISSION TO ASSIST THE LEGISLATURE IN THE REAPPORTIONMENT OF
CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS BASED ON THE ENSUING FEDER-
AL CENSUS, PURSUANT TO SECTION TWO OF ARTICLE ONE OF THE  UNITED  STATES

S. 660                              5

CONSTITUTION  AND  SECTIONS  FOUR AND FIVE OF ARTICLE THREE OF THE STATE
CONSTITUTION.
  2.  THE  APPORTIONMENT COMMISSION SHALL BE COMPOSED OF ELEVEN MEMBERS,
APPOINTED FROM THE NOMINATIONS POOL AS FOLLOWS:
  (A) TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
SENATE;
  (B) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (C)  TWO  MEMBERS  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
SENATE;
  (D) TWO MEMBERS SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
ASSEMBLY; AND
  (E)  THREE  MEMBERS SHALL BE APPOINTED, ON OR BEFORE THE THIRTIETH DAY
AFTER A VACANCY IN ANY  SUCH  POSITION  OCCURS,  BY  THE  EIGHT  MEMBERS
APPOINTED  PURSUANT TO PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION BY
A VOTE OF NOT LESS THAN SIX MEMBERS IN FAVOR OF EACH  SUCH  APPOINTMENT,
AND EACH VACANCY IN ANY POSITION FILLED PURSUANT TO THIS PARAGRAPH SHALL
BE DEEMED TO CREATE VACANCIES IN ALL THREE POSITIONS HELD BY THE MEMBERS
SO  APPOINTED; PROVIDED THAT ANY SUCH MEMBER MAY BE REAPPOINTED PURSUANT
TO THIS PARAGRAPH. IN THE EVENT THAT THREE MEMBERS ARE NOT APPOINTED  ON
OR  BEFORE THE THIRTIETH DAY AFTER A VACANCY IN ANY SUCH POSITION OCCURS
IF:
  (I) TWO PERSONS ARE APPOINTED WITH THE REQUIRED SIX VOTES AND NO OTHER
PERSON RECEIVES SIX VOTES, THE THIRD SUCH MEMBER SHALL BE  APPOINTED  BY
THE CHIEF JUDGE OF THE COURT OF APPEALS WITHIN THIRTY DAYS THEREAFTER;
  (II)  ONE  PERSON  IS APPOINTED WITH THE REQUIRED SIX VOTES AND NO TWO
OTHER PERSONS RECEIVE SIX VOTES, THE  TWO  PERSONS  RECEIVING  THE  MOST
VOTES SHALL BE APPOINTED AS MEMBERS; AND
  (III)  NO  THREE  PERSONS RECEIVE SIX VOTES, THE TWO PERSONS RECEIVING
THE MOST VOTES SHALL BE APPOINTED AS MEMBERS AND THE THIRD MEMBER  SHALL
BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS.
  (F)  THE  CHAIR  SHALL  BE  DESIGNATED,  FROM  AMONG THE THREE MEMBERS
APPOINTED PURSUANT TO PARAGRAPH (E) OF THIS  SUBDIVISION,  BY  A  SIMPLE
MAJORITY  VOTE  OF  ALL  MEMBERS OF THE COMMISSION; PROVIDED THAT IF THE
COMMISSION FAILS TO DESIGNATE A CHAIR, THE CHAIR SHALL BE DESIGNATED  BY
THE CHIEF JUDGE OF THE COURT OF APPEALS.
  3. (A) NO MORE THAN FOUR MEMBERS OF THE APPORTIONMENT COMMISSION SHALL
BE ENROLLED IN THE SAME POLITICAL PARTY.
  (B)  TO  THE  EXTENT  PRACTICABLE,  THE  MEMBERS  OF THE APPORTIONMENT
COMMISSION SHALL REFLECT THE DIVERSITY OF THE RESIDENTS  OF  THIS  STATE
WITH REGARD TO RACE, ETHNICITY, GENDER AND GEOGRAPHIC RESIDENCE.
  4.  THE  TERMS  OF  THE  MEMBERS OF THE APPORTIONMENT COMMISSION SHALL
EXPIRE UPON THE FILING OF ALL APPORTIONMENT PLANS, PURSUANT TO  SUBDIVI-
SION  FOUR, FIVE AND/OR SIX OF SECTION NINETY-EIGHT OF THIS ARTICLE, THE
EXHAUSTION OF ANY JUDICIAL REVIEW OF AN APPORTIONMENT  PLAN  AND  APPOR-
TIONMENT  STATUTE,  AND  THE IMPLEMENTATION OF AN APPORTIONMENT STATUTE.
VACANCIES IN THE MEMBERSHIP OF THE COMMISSION SHALL  BE  FILLED  IN  THE
MANNER PROVIDED FOR ORIGINAL APPOINTMENTS.
  5. THE MEMBERS OF THE APPORTIONMENT COMMISSION AND ALL EMPLOYEES THER-
EOF SHALL BE DEEMED TO BE LEGISLATIVE EMPLOYEES.
  6.  THE  MEMBERS  OF  THE  APPORTIONMENT  COMMISSION  SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR  ACTUAL  AND
NECESSARY  EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT
TO THIS ARTICLE.
  7. A MINIMUM OF EIGHT MEMBERS OF THE  APPORTIONMENT  COMMISSION  SHALL
CONSTITUTE  A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE
OF ANY POWER OF SUCH COMMISSION, PROVIDED THAT NO EXERCISE OF ANY  POWER

S. 660                              6

OF THE APPORTIONMENT COMMISSION SHALL OCCUR WITHOUT THE AFFIRMATIVE VOTE
OF SEVEN MEMBERS THEREOF.
  S  97.  POWERS  AND DUTIES OF COMMISSION. THE APPORTIONMENT COMMISSION
SHALL HAVE THE POWER AND DUTY TO:
  1. EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS IT MAY DEEM  NECES-
SARY  FOR  THE  PERFORMANCE  OF ITS FUNCTIONS AND FIX THEIR COMPENSATION
WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR;
  2. MEET WITHIN AND WITHOUT THE STATE, HOLD PUBLIC  HEARINGS  AND  HAVE
ALL THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THIS CHAPTER;
  3.  REQUEST,  RECEIVE  AND UTILIZE SUCH FACILITIES, RESOURCES AND DATA
(INCLUDING, BUT  NOT  LIMITED  TO,  HISTORICAL  VOTING  INFORMATION  AND
PATTERNS)  OF  ANY  DEPARTMENT,  DIVISION,  BOARD, BUREAU, COMMISSION OR
AGENCY OF THE STATE OR ANY  POLITICAL  SUBDIVISION  THEREOF  AS  IT  MAY
REASONABLY  REQUEST TO PROPERLY CARRY OUT ITS POWERS AND DUTIES PURSUANT
TO THIS ARTICLE;
  4. ACQUIRE AND UTILIZE ALL MATERIALS AND EQUIPMENT NECESSARY TO ESTAB-
LISH APPORTIONMENT PLANS PURSUANT TO SECTION NINETY-EIGHT OF THIS  ARTI-
CLE;
  5.  PREPARE THE NECESSARY DESCRIPTIONS FOR THE GEOGRAPHIC UNITS OF THE
STATE FOR USE BY THE FEDERAL CENSUS BUREAU IN REPORTING DECENNIAL FEDER-
AL CENSUS DATA;
  6. ENGAGE IN SUCH RESEARCH STUDIES AND OTHER ACTIVITIES  AS  NECESSARY
OR  APPROPRIATE  IN THE PREPARATION AND FORMULATION OF A REAPPORTIONMENT
PLAN FOR  THE  NEXT  ENSUING  REAPPORTIONMENT  OF  SENATE  AND  ASSEMBLY
DISTRICTS  AND  CONGRESSIONAL DISTRICTS OF THE STATE AND IN THE UTILIZA-
TION OF CENSUS AND OTHER DEMOGRAPHIC AND  STATISTICAL  DATA  FOR  POLICY
ANALYSIS,  PROGRAM  DEVELOPMENT  AND PROGRAM EVALUATION PURPOSES FOR THE
LEGISLATURE;
  7. SELL SURVEYS, DATA, COPIES OF TABULATIONS AND OTHER SPECIAL STATIS-
TICAL COMPILATIONS AND MATERIALS  TO  DEPARTMENTS,  AGENCIES  AND  OTHER
ENTITIES  OF  FEDERAL,  STATE OR LOCAL GOVERNMENT, OF FOREIGN COUNTRIES,
AND TO PUBLIC BENEFIT CORPORATIONS, OR OTHER PUBLIC, NOT-FOR-PROFIT  AND
PRIVATE  PERSONS  AND AGENCIES, UPON PAYMENT OF FEES AT LEAST SUFFICIENT
TO PAY THE ACTUAL OR ESTIMATED COST OF SUCH PROJECTS. IN FURTHERANCE  OF
SUCH  SALE,  THE APPORTIONMENT COMMISSION MAY EXECUTE CONTRACTS FOR SUCH
PURPOSE;
  8. PREPARE MAPS OF  CITIES,  TOWNS  AND  COUNTIES  OF  THE  STATE  FOR
DESCRIBING  CONGRESSIONAL,  SENATE  AND  ASSEMBLY DISTRICTS, AND PREPARE
APPORTIONMENT PLANS AND LEGISLATION; AND
  9. MAKE AVAILABLE TO THE PUBLIC IN PRINT FORM AND IN  ELECTRONIC  FORM
ON  THE INTERNET, USING THE BEST AVAILABLE TECHNOLOGY, ALL APPORTIONMENT
PLANS, RELEVANT DATA AND MAPMAKING SOFTWARE USED TO PREPARE SUCH  PLANS,
INFORMATION ON THE MEMBERS OF THE APPORTIONMENT COMMISSION AND ALL OTHER
RELEVANT INFORMATION DERIVED FROM THE OPERATION OF THIS ARTICLE.
  S  98.  APPORTIONMENT.  1.  THE  APPORTIONMENT  COMMISSION SHALL, UPON
RECEIPT OF THE FEDERAL DECENNIAL CENSUS FOR THE STATE, BEGIN  TO  ESTAB-
LISH  A PLAN FOR THE APPORTIONMENT OF CONGRESSIONAL, SENATE AND ASSEMBLY
DISTRICTS IN THE STATE.
  2. THE FOLLOWING REQUIREMENTS  AND  PRINCIPLES  SHALL  BE  APPLIED  IN
ESTABLISHING A PLAN FOR SUCH DISTRICTS:
  (A) ALL CONGRESSIONAL DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION
AS IS PRACTICABLE.
  (B)  EACH  DISTRICT SHALL CONSIST OF CONTIGUOUS TERRITORY; NO DISTRICT
SHALL CONSIST OF PARTS ENTIRELY SEPARATED BY THE  TERRITORY  OF  ANOTHER
DISTRICT  OF  THE  SAME  BODY,  WHETHER SUCH TERRITORY BE LAND OR WATER,
POPULATED OR UNPOPULATED. A POPULATED CENSUS BLOCK SHALL NOT BE  DIVIDED

S. 660                              7

BY  A  DISTRICT BOUNDARY, UNLESS IT CAN BE DETERMINED THAT THE POPULATED
PART OF SUCH BLOCK IS WITHIN A SINGLE DISTRICT.
  (C)  SENATE,  ASSEMBLY, OR CONGRESSIONAL DISTRICTS SHALL NOT BE ESTAB-
LISHED THAT ARE INTENDED TO OR RESULT IN  A  DENIAL  OR  ABRIDGEMENT  OF
MINORITY  VOTING  RIGHTS INCLUDING THE OPPORTUNITY OF MINORITY VOTERS TO
PARTICIPATE IN THE POLITICAL PROCESS, AND TO  ELECT  THE  CANDIDATES  OF
THEIR CHOICE.
  (D)  SENATE,  ASSEMBLY,  OR CONGRESSIONAL DISTRICTS SHALL NOT BE DRAWN
WITH AN INTENT TO FAVOR OR OPPOSE ANY  POLITICAL  PARTY,  ANY  INCUMBENT
FEDERAL  OR  STATE LEGISLATOR, OR ANY PREVIOUS OR PRESUMED CANDIDATE FOR
OFFICE.
  (E) SUBJECT TO THE REQUIREMENTS OF PARAGRAPHS (A), (B), (C) AND (D) OF
THIS SUBDIVISION, THE FOLLOWING PRINCIPLES  SHALL  BE  FOLLOWED  IN  THE
CREATION  OF SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS TO THE EXTENT
PRACTICABLE. A PRINCIPLE WITH A LOWER NUMBER SHALL HAVE PRECEDENCE  OVER
A PRINCIPLE WITH A HIGHER NUMBER.
  (I)  THE  MOST AND LEAST POPULOUS SENATE DISTRICTS SHALL NOT EXCEED OR
BE LOWER THAN THE MEAN POPULATION OF ALL SENATE DISTRICTS BY  MORE  THAN
ONE  PERCENT,  AND  THE MOST AND LEAST POPULOUS ASSEMBLY DISTRICTS SHALL
NOT EXCEED OR  BE  LOWER  THAN  THE  MEAN  POPULATION  OF  ALL  ASSEMBLY
DISTRICTS  BY  MORE  THAN  ONE PERCENT. IN NO EVENT SHALL THE COMMISSION
ADVANTAGE ANY REGION OF THE STATE OVER ANY OTHER  BY  CREATING  MULTIPLE
DISTRICTS  THEREIN EXCEEDING, OR LOWER THAN, THE MEAN POPULATION BY MORE
THAN ONE PERCENT.
  (II) COUNTIES SHALL NOT BE DIVIDED  IN  THE  FORMATION  OF  DISTRICTS,
EXCEPT  TO  CREATE DISTRICTS WHOLLY WITHIN A COUNTY. WHERE SUCH DIVISION
OF COUNTIES IS UNAVOIDABLE, MORE POPULOUS COUNTIES SHALL BE  DIVIDED  IN
PREFERENCE TO THE DIVISION OF LESS POPULOUS COUNTIES.
  (III)  COUNTY  SUBDIVISIONS  SHALL  NOT BE DIVIDED IN THE FORMATION OF
DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN  A  COUNTY  SUBDIVI-
SION.  FOR THE PURPOSES OF THIS ARTICLE, A COUNTY SUBDIVISION SHALL BE A
CITY, EXCEPT THE CITY OF NEW YORK, A  TOWN,  OR  AN  INDIAN  RESERVATION
WHOSE TERRITORY IS EXCLUSIVE OF THE TERRITORY OF ANY CITY OR TOWN. COUN-
TY  SUBDIVISIONS  WITH LARGER POPULATIONS SHALL BE DIVIDED IN PREFERENCE
TO THE DIVISION OF THOSE WITH SMALLER POPULATIONS.
  (IV) INCORPORATED VILLAGES SHALL NOT BE DIVIDED IN  THE  FORMATION  OF
DISTRICTS.
  (V)  THE  SENATE,  ASSEMBLY,  AND  CONGRESSIONAL DISTRICTS SHALL BE AS
COMPACT IN FORM AS POSSIBLE.
  (VI) A SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICT SHALL UNITE  COMMU-
NITIES DEFINED BY ACTUAL SHARED INTERESTS, TAKING ACCOUNT OF GEOGRAPHIC,
SOCIAL,  ECONOMIC, AND OTHER FACTORS THAT INDICATE COMMONALITY OF INTER-
EST, AND DISTRICTS SHALL BE FORMED SO AS  TO  PROMOTE  THE  ORDERLY  AND
EFFICIENT ADMINISTRATION OF ELECTIONS.
  3. DURING THE PREPARATION OF THE APPORTIONMENT PLAN, THE APPORTIONMENT
COMMISSION  SHALL  CONDUCT NOT LESS THAN ONE PUBLIC HEARING ON PROPOSALS
FOR THE APPORTIONMENT OF CONGRESSIONAL AND STATE  LEGISLATIVE  DISTRICTS
IN  EACH OF THE FOLLOWING (A) CITIES: ALBANY, BUFFALO, SYRACUSE, ROCHES-
TER, GLEN COVE, AND WHITE PLAINS; AND (B) COUNTIES:  BRONX,  KINGS,  NEW
YORK,  QUEENS  AND RICHMOND. PUBLIC NOTICE OF ALL SUCH HEARINGS SHALL BE
WIDELY PUBLISHED BY THE APPORTIONMENT COMMISSION IN ADVANCE THROUGH  ALL
AVAILABLE  MEANS.  TO  THE EXTENT PRACTICABLE, ALL SUCH HEARINGS AND THE
PROCEEDINGS OF THE APPORTIONMENT  COMMISSION  SHALL  BE  TELEVISED.  THE
APPORTIONMENT  COMMISSION SHALL REPORT THE FINDINGS OF ALL SUCH HEARINGS
TO THE LEGISLATURE UPON SUBMISSION OF THE APPORTIONMENT PLAN PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION.

S. 660                              8

  4. (A) ON OR BEFORE THE FIFTEENTH OF MAY IN EACH YEAR  ENDING  WITH  A
ONE  OR  WITHIN SIXTY DAYS OF RECEIVING THE FEDERAL DECENNIAL CENSUS FOR
THE STATE, WHICHEVER IS LATER, THE APPORTIONMENT COMMISSION SHALL SUBMIT
TO THE LEGISLATURE AND DISSEMINATE TO THE PUBLIC AN  APPORTIONMENT  PLAN
FOR  ALL  CONGRESSIONAL  AND STATE LEGISLATIVE DISTRICTS, ALONG WITH THE
LEGISLATION NECESSARY TO IMPLEMENT SUCH PLAN. UPON RECEIPT OF SUCH PLAN,
THE IMPLEMENTING LEGISLATION THEREFOR SHALL BE INTRODUCED IN BOTH HOUSES
OF THE LEGISLATURE WITHOUT ANY AMENDMENTS WITHIN FIVE DAYS.
  (B) ON OR BEFORE THE FIRST OF JUNE FOLLOWING THE DISSEMINATION OF  THE
APPORTIONMENT  PLAN  TO  THE  PUBLIC, THE APPORTIONMENT COMMISSION SHALL
CONDUCT NOT LESS THAN ONE PUBLIC HEARING ON SUCH APPORTIONMENT  PLAN  IN
EACH  OF THE CITIES AND COUNTIES DELINEATED IN PARAGRAPHS (A) AND (B) OF
SUBDIVISION THREE OF THIS SECTION, AND SHALL REPORT THE FINDINGS OF  ALL
SUCH HEARINGS TO THE LEGISLATURE.
  (C)  THE  LEGISLATION  INTRODUCED  PURSUANT  TO  PARAGRAPH (A) OF THIS
SUBDIVISION SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH SUCH  HOUSES
OF  THE LEGISLATURE WITHIN SEVEN DAYS AFTER THE APPORTIONMENT COMMISSION
REPORTS THE FINDINGS OF  ITS  PUBLIC  HEARING  TO  THE  LEGISLATURE.  IF
APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR
WITHIN FIVE DAYS.
  5. IF (A) EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION SUBMITTED
PURSUANT  TO  SUBDIVISION FOUR OF THIS SECTION WITHIN TWENTY-ONE DAYS OF
ITS SUBMISSION, OR (B) THE GOVERNOR SHALL VETO SUCH LEGISLATION AND  THE
LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO WITHIN FIFTEEN DAYS OF SUCH
VETO,  THE  APPORTIONMENT  COMMISSION  SHALL HOLD AN OPEN HEARING WITHIN
FIFTEEN DAYS OF SAID FAILURE TO PASS THE LEGISLATION AS IN PARAGRAPH (A)
OF THIS SUBDIVISION OR FAILURE TO OVERRIDE THE  GOVERNOR'S  VETO  AS  IN
PARAGRAPH  (B)  OF  THIS  SUBDIVISION  AT WHICH THE SPEAKER AND MINORITY
LEADER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT AND  MINORITY  LEADER
OF  THE  SENATE,  OR  EACH  OF  THEIR  DESIGNEES SHALL TESTIFY AS TO THE
REASONS THAT THE LEGISLATION DID NOT BECOME  LAW,  AND  MEMBERS  OF  THE
PUBLIC  WILL  ALSO  BE  INVITED  TO TESTIFY. WITHIN FIFTEEN DAYS OF SUCH
HEARING, THE APPORTIONMENT COMMISSION SHALL ESTABLISH AND SUBMIT TO  THE
LEGISLATURE  A  SECOND APPORTIONMENT PLAN AND THE NECESSARY IMPLEMENTING
LEGISLATION FOR SUCH PLAN. UPON RECEIPT OF SUCH SECOND PLAN, THE  IMPLE-
MENTING  LEGISLATION  THEREFOR SHALL BE INTRODUCED IN BOTH HOUSES OF THE
LEGISLATURE WITHOUT ANY AMENDMENTS WITHIN FIVE  DAYS.  SUCH  LEGISLATION
SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH SUCH HOUSES WITHIN TWEN-
TY-ONE  DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS INTRODUCTION. IF
APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR
WITHIN FIVE DAYS.
  6. IF (A) EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION SUBMITTED
PURSUANT TO SUBDIVISION FIVE OF THIS SECTION WITHIN TWENTY-ONE  DAYS  OF
ITS  SUBMISSION, OR (B) THE GOVERNOR SHALL VETO SUCH LEGISLATION AND THE
LEGISLATURE FAILS TO OVERRIDE SUCH  VETO  THE  APPORTIONMENT  COMMISSION
SHALL  HOLD  AN OPEN HEARING WITHIN FIFTEEN DAYS OF SAID FAILURE TO PASS
THE LEGISLATION AS IN PARAGRAPH (A) OF THIS SUBDIVISION  OR  FAILURE  TO
OVERRIDE  THE GOVERNOR'S VETO AS IN PARAGRAPH (B) OF THIS SUBDIVISION AT
WHICH THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY AND THE  TEMPORARY
PRESIDENT  AND MINORITY LEADER OF THE SENATE, OR EACH OF THEIR DESIGNEES
SHALL TESTIFY AS TO THE REASONS THAT THE LEGISLATION DID NOT BECOME LAW,
AND MEMBERS OF THE PUBLIC  WILL  ALSO  BE  INVITED  TO  TESTIFY.  WITHIN
FIFTEEN  DAYS OF SUCH HEARING, THE APPORTIONMENT COMMISSION SHALL ESTAB-
LISH AND SUBMIT TO THE LEGISLATURE A THIRD APPORTIONMENT  PLAN  AND  THE
NECESSARY  IMPLEMENTING  LEGISLATION FOR SUCH PLAN. UPON RECEIPT OF SUCH
THIRD PLAN, THE IMPLEMENTING LEGISLATION WITH ANY AMENDMENTS THE  LEGIS-

S. 660                              9

LATURE  SHALL  DEEM  NECESSARY SHALL BE INTRODUCED IN BOTH HOUSES OF THE
LEGISLATURE WITHIN FIVE DAYS. ALL SUCH AMENDMENTS SHALL COMPLY WITH  THE
PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. SUCH LEGISLATION SHALL BE
VOTED  UPON  BY  BOTH SUCH HOUSES WITHIN TWENTY-ONE DAYS, BUT NOT SOONER
THAN SEVEN DAYS, AFTER ITS INTRODUCTION. IF  APPROVED,  THE  LEGISLATURE
SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR WITHIN FIVE DAYS.
  S  99.  APPLICATION  OF  ARTICLE.  1. THE PROCESS FOR APPORTIONMENT OF
CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS ESTABLISHED BY THIS  ARTI-
CLE  SHALL  BE  THE EXCLUSIVE MEANS BY WHICH SUCH APPORTIONMENT SHALL BE
COMPLETED IN THIS STATE. EVERY APPORTIONMENT OF CONGRESSIONAL  OR  STATE
LEGISLATIVE  DISTRICTS  PERFORMED IN VIOLATION OF THE PROVISIONS OF THIS
ARTICLE SHALL BE VOID. IN ANY PROCEEDING RELATING  TO  APPORTIONMENT  OF
CONGRESSIONAL  OR STATE LEGISLATIVE DISTRICTS, THE COURT SHALL IMPLEMENT
THE PLAN THAT BEST SERVES THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION
NINETY-EIGHT OF THIS ARTICLE.
  2. AN APPORTIONMENT STATUTE SHALL REMAIN  IN  FULL  FORCE  AND  EFFECT
UNTIL  A  SUBSEQUENT  APPORTIONMENT  STATUTE,  BASED UPON THE SUCCEEDING
DECENNIAL FEDERAL CENSUS, TAKES  EFFECT,  UNLESS  MODIFIED  PURSUANT  TO
COURT ORDER.
  S 5. This act shall take effect immediately.

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