S T A T E O F N E W Y O R K
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4771
2011-2012 Regular Sessions
I N A S S E M B L Y
February 7, 2011
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Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state law, in relation to the composition of the
legislature
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state law is amended by adding a new article 9 to read
as follows:
ARTICLE 9
COMMISSION FOR REAPPORTIONMENT
SECTION 140. COMMISSION FOR REAPPORTIONMENT.
S 140. COMMISSION FOR REAPPORTIONMENT. 1. FOLLOWING THE TWO THOUSAND
TEN CENSUS THE SENATE SHALL CONSIST OF SIXTY-TWO MEMBERS. SUCH MEMBERS
SHALL BE ELECTED FOR TWO YEAR TERMS. THE ASSEMBLY SHALL CONSIST OF ONE
HUNDRED FIFTY MEMBERS. SUCH MEMBERS SHALL SERVE FOR TWO YEAR TERMS.
2. FOLLOWING EACH DECENNIAL FEDERAL CENSUS OR WHENEVER THERE IS REASON
TO REAPPORTION THE LEGISLATURE OR TO PROVIDE FOR NEW CONGRESSIONAL
DISTRICT BOUNDARIES IN THE STATE, OR BOTH, BECAUSE OF A NEW FEDERAL
CENSUS OR BECAUSE OF A DECISION OF A COURT OF COMPETENT JURISDICTION, OR
DETERMINATION OF A FEDERAL AGENCY OR DEPARTMENT, A COMMISSION FOR REAP-
PORTIONMENT SHALL BE FORMED ON ORDER OF THE SECRETARY OF STATE. THE
COMMISSION SHALL CONSIST OF NINETEEN MEMBERS TO BE APPOINTED AS FOLLOWS:
THREE MEMBERS OF THE COMMISSION SHALL BE APPOINTED BY THE GOVERNOR, ONE
BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE BY THE MINORITY LEADER OF
THE SENATE, ONE BY THE SPEAKER OF THE ASSEMBLY AND ONE BY THE MINORITY
LEADER OF THE ASSEMBLY. THE TWELVE REMAINING MEMBERS SHALL REPRESENT
EACH OF THE STATE'S JUDICIAL DISTRICTS AND SHALL BE SELECTED BASED ON
ELECTIONS HELD IN EACH OF THE STATE'S JUDICIAL DISTRICTS IN THE ELECTION
IMMEDIATELY PRECEDING THE TAKING OF THE FEDERAL CENSUS. NO MEMBER SHALL
BE ELIGIBLE TO SERVE AS AN ELECTED REPRESENTATIVE OF A JUDICIAL DISTRICT
WHO IS CURRENTLY A MEMBER OF THE STATE SENATE OR ASSEMBLY. IN THE EVENT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07223-01-1
A. 4771 2
OF A VACANCY THE RESPECTIVE APPOINTING AUTHORITY SHALL HAVE THE AUTHORI-
TY TO APPOINT NEW MEMBERS; IN THE CASE OF A VACANCY CREATED IN A JUDI-
CIAL DISTRICT THE GOVERNOR SHALL HAVE THE AUTHORITY TO APPOINT REPLACE-
MENTS.
3. USING THE LATEST DATA FROM THE MOST RECENT FEDERAL CENSUS THE
COMMISSION FOR REAPPORTIONMENT SHALL HAVE THE RESPONSIBILITY FOR SUBMIT-
TING A PLAN FOR CONGRESSIONAL AND LEGISLATIVE REDISTRICTING CONSISTENT
WITH THE PROVISIONS OF THIS ARTICLE. IN ACCORDANCE WITH THE FOLLOWING
CRITERIA:
A. EQUAL INHABITANTS: DISTRICTS SHALL CONTAIN AS NEARLY AS PRACTICA-
BLE AN EQUAL NUMBER OF INHABITANTS AND IN NO EVENT SHALL THERE BE MORE
THAN A FIVE PERCENT DEVIATION BETWEEN THE MOST POPULOUS AND LEAST POPU-
LOUS DISTRICTS IN THE STATE.
B. COMMUNITIES OF INTEREST: DISTRICTS SHALL BE BASED ON CONSIDERATION
OF THE VARIED FACTORS THAT CAN BE CREATED OR CONTRIBUTE TO COMMUNITIES
OF INTEREST. THESE FACTORS MAY INCLUDE ECONOMIC FACTORS, SOCIAL FACTORS,
CULTURAL FACTORS, GEOGRAPHIC FACTORS, GOVERNMENTAL JURISDICTION AND
SERVICE DELIVERY AREAS. POLITICAL BELIEFS, VOTING TRENDS AND INCUMBENCY
CONSIDERATIONS ARE SECONDARY IN DETERMINING COMMUNITIES OF INTEREST.
C. CONTIGUITY AND COMPACTNESS: DISTRICTS SHALL AT ALL TIMES CONSIST OF
CONTIGUOUS TERRITORY, AND BE IN AS COMPACT FORM AS PRACTICABLE. NO TOWN,
EXCEPT A TOWN HAVING MORE THAN A FULL RATIO OF APPORTIONMENT, AND NO
BLOCK IN A CITY ENCLOSED BY STREETS OR PUBLIC WAYS, SHALL BE DIVIDED IN
THE FORMATION OF A DISTRICT.
D. CONFLICT OF CRITERIA: ALL OF THE FOREGOING CRITERIA SHALL BE
CONSIDERED IN THE REDISTRICTING PROCESS, BUT POPULATION EQUALITY AMONG
DISTRICTS SHALL BE GIVEN FIRST PRIORITY AND PRESERVATION OF COMMUNITIES
OF INTEREST SHALL BE GIVEN SECOND PRIORITY IN THE EVENT OF CONFLICT
AMONG THE CRITERIA. IN DEVELOPING A PROPOSED MAP THE COMMISSION FOR
REAPPORTIONMENT SHALL HOLD MEETINGS ACROSS THE STATE TO RECEIVE INPUT
FROM INTERESTED CITIZENS. ALL MEETINGS OF THE COMMISSION FOR REAPPOR-
TIONMENT SHALL BE SUBJECT TO THE PROVISIONS OF THE OPEN MEETINGS LAW.
ALL PLANS APPROVED BY THE COMMISSION FOR REAPPORTIONMENT SHALL BE BASED
ON THE APPROVAL OF A MAJORITY OF ITS MEMBERS AS REFLECTED IN A VOTE OF
THE COMMISSION FOR REAPPORTIONMENT AS A REGULARLY SCHEDULED MEETING.
4. CONSISTENT WITH THE CRITERIA LISTED IN THIS SECTION THE COMMISSION
FOR REAPPORTIONMENT SHALL BE RESPONSIBLE FOR SUBMITTING FOR LEGISLATIVE
APPROVAL A PROPOSED MAP FOR THE REDISTRICTING OF CONGRESSIONAL AND
LEGISLATIVE DISTRICT BOUNDARIES NO LATER THAN NINETY DAYS FOLLOWING THE
DATE IN WHICH IT IS CONVENED. THE LEGISLATURE SHALL HAVE THIRTY DAYS
FROM THE DATE THE PLAN IS SUBMITTED TO APPROVE OR DISAPPROVE THE PLAN.
IF THE LEGISLATURE VOTES TO DISAPPROVE THE PLAN OR DOES NOT APPROVE THE
PLAN WITHIN THIRTY DAYS OF ITS SUBMISSION THE COMMISSION FOR REAPPOR-
TIONMENT WILL RECONSIDER ITS PLAN MAKING APPROPRIATE AMENDMENTS WHEN
NECESSARY. IF THE LEGISLATURE REJECTS THIS RESUBMITTED PLAN A COURT OF
COMPETENT JURISDICTION WILL HAVE THE RIGHT TO DEVISE A PLAN THAT
COMPLIES WITH STATE AND FEDERAL LAWS AND REGULATIONS. THE COMMISSION FOR
REAPPORTIONMENT SHALL HAVE STANDING TO BRING SUCH AN ACTION. NOTHING IN
THIS ARTICLE SHALL PROHIBIT THE COMMISSION FOR REAPPORTIONMENT FROM
SUBMITTING ADDITIONAL PLANS WHEN THE LEGISLATURE HAS NOT VOTED TO
APPROVE ITS PREVIOUS SUBMISSION. IN NO EVENT SHALL A PLAN FOR REDIS-
TRICTING CONGRESSIONAL OR LEGISLATIVE DISTRICTS BE ENACTED BY THE LEGIS-
LATURE UNLESS SUCH PLAN HAS FIRST BEEN APPROVED BY THE COMMISSION FOR
REAPPORTIONMENT OR COURT OF COMPETENT JURISDICTION. ALL PLANS CREATED
PURSUANT TO THIS ARTICLE SHALL BE THE PLAN SUBMITTED FOR APPROVAL TO THE
FEDERAL GOVERNMENT AS REQUIRED UNDER THE FEDERAL VOTING RIGHTS ACT. ALL
A. 4771 3
DATA, INCLUDING ALL DEMOGRAPHIC AND OTHER STATISTICAL INFORMATION USED
BY THE COMMISSION IN DEVELOPING A PLAN SHALL BE MADE AVAILABLE TO THE
PUBLIC AT THE SAME TIME ANY PROPOSED PLAN IS SUBMITTED TO THE LEGISLA-
TURE.
5. ALL PLANS CREATED PURSUANT TO THE PROVISIONS OF THIS ARTICLE SHALL
BE FINALIZED IN TIME FOR PERSONS TO BE QUALIFIED AS CANDIDATES IN THE
DISTRICTS CREATED PURSUANT TO THIS ARTICLE IN THE ELECTIONS IMMEDIATELY
SUCCEEDING THE CREATING OF THE COMMISSION FOR REAPPORTIONMENT.
S 2. This act shall take effect immediately.