S. 3253--A 2
speaker of the assembly and one each by the minority leader of the
senate and the minority leader of the assembly. The appointments shall
be of members of the respective houses of the legislature, except that
one member appointed by the temporary president of the senate and one
member appointed by the speaker of the assembly shall not be members of
the legislature. A member of the senate appointed to the task force by
the temporary president of the senate and a member of the assembly
appointed to the task force by the speaker of the assembly shall be
designated by each to serve as the co-chairmen of the task force. Each
member of the task force who is not a member of the legislature shall be
entitled to receive actual and necessary expenses incurred in the
discharge of his duties and shall be entitled to compensation as deter-
mined by the co-chairmen within the appropriations available therefor,
except that such member, who is serving in such capacity in a transient,
occasional and incidental manner, shall not be entitled to receive more
than the actual and necessary expenses incurred in the discharge of his
duties.
3. The task force shall engage in such research studies and other
activities as its co-chairmen may deem necessary or appropriate in the
preparation and formulation of a reapportionment plan for the next ensu-
ing reapportionment of senate and assembly districts and congressional
districts of the state and in the utilization of census and other demo-
graphic and statistical data for policy analysis, program development
and program evaluation purposes for the legislature.
4. The co-chairmen of the task force may employ such personnel,
experts and consultants as may be necessary for the performance of its
work and shall fix their compensation within the amounts appropriated
therefor.
5. The primary function of the task force shall be to compile and
analyze data, conduct research for and make reports and recommendations
to the legislature, legislative commissions and other legislative task
forces.
6. The task force, with the approval of its co-chairmen and subject to
guidelines submitted by the co-chairmen and approved by the temporary
president of the senate and speaker of the assembly, may sell surveys,
data, copies of tabulations and other special statistical compilations
and materials to departments, agencies and other entities of federal,
state or local government, of foreign countries, and to public benefit
corporations, or other public, not-for-profit and private persons and
agencies, upon payment of fees at least sufficient to pay the actual or
estimated cost of such projects. In furtherance of such sale, the task
force, with the approval of its co-chairmen, may execute contracts for
such purpose. Any contract executed heretofore by the task force or the
advisory task force on reapportionment, without express statutory
authorization, of a nature similar in import as the contract for sale
herein authorized is hereby validated, ratified and confirmed as an
exercise of the inherent power of such task force or such advisory task
force to execute such contract. The co-chairmen shall take such action
as shall be necessary to assure that any survey, data, tabulation,
special statistical compilation or material made available for sale
shall not identify the name of any corporation, company, association,
firm, partnership, proprietorship, society, joint stock company, indi-
vidual, or other organization or entity.
7. Moneys heretofore or hereafter received by or on behalf of the
legislative task force on demographic research and reapportionment from
the sale of surveys, data, copies of tabulations and other special
S. 3253--A 3
statistical compilations and materials available to such task force
shall be deposited to the credit of the legislative computer services
fund established by section ninety-seven-uu of the state finance law.
The moneys hereby credited to such fund may be made available for the
legislative task force on demographic research and reapportionment and
shall, when made available, be payable out of the state treasury on the
audit and warrant of the comptroller in the manner provided by section
ninety-seven-uu of the state finance law.
8. The co-chairmen of the task force are hereby authorized and
empowered to make and sign any agreements in the name and on behalf of
the task force and to do and perform any acts that may be necessary,
desirable or proper to carry out the powers, purposes and objectives of
the task force and the provisions thereof.
9. The task force, with the approval of its co-chairmen, may complete
any contract executed and conduct any business undertaken or commenced
by the legislature or the advisory task force on reapportionment
pertaining to or connected with the reapportionment and readjustment or
alteration of senate and assembly and congressional districts prior to
the enactment of these provisions into law, and the same shall be
completed and conducted in the same manner and under the same terms and
conditions and with the same effect as if completed and conducted by the
legislature or such advisory task force.
10. The task force may hold public and private hearings and otherwise
have all of the powers of a legislative committee under this chapter.
11. The co-chairmen of the task force may request and receive from
any court, department, division, board, bureau, commission or agency of
the state or any political subdivision thereof such assistance and data
as will enable the task force to properly carry out its powers and
duties hereunder.
12. Employees of the task force shall be considered to be employees
of the legislature for all purposes.
13. (a) The task force shall specify the form in which the department
of corrections and community supervision shall provide such information
required to be reported to the task force pursuant to subdivision eight
of section seventy-one of the correction law.
(b) Upon receipt of such information for each incarcerated person
subject to the jurisdiction of the department of corrections and commu-
nity supervision, the task force shall determine the census block corre-
sponding to the street address of each such person's residential address
prior to incarceration (if any), and the census block corresponding to
the street address of the correctional facility in which such person was
held subject to the jurisdiction of such department. Until such time as
the United States bureau of the census shall implement a policy of
reporting each such incarcerated person at such person's residential
address prior to incarceration, the task force shall use such data to
develop a database in which all incarcerated persons shall be, where
possible, allocated for redistricting purposes, such that each geograph-
ic unit reflects incarcerated populations at their respective residen-
tial addresses prior to incarceration rather than at the addresses of
such correctional facilities. For all incarcerated persons whose resi-
dential address prior to incarceration was outside of the state, or for
whom the task force cannot identify their prior residential address, and
for all persons confined in a federal correctional facility on census
day, the task force shall consider those persons to have been counted at
an address unknown and persons at such unknown address shall not be
included in such data set created pursuant to this paragraph. The task
S. 3253--A 4
force shall develop and maintain such amended population data set and
shall make such amended data set available to local governments, as
defined in subdivision eight of section two of the municipal home rule
law, and for the drawing of assembly and senate districts. The assembly
and senate districts shall be drawn using such amended population data
set.
(c) Notwithstanding any other provision of law, the information
required to be provided pursuant to subdivision eight of section seven-
ty-one of the correction law shall be treated as confidential and shall
not be disclosed by the task force except as aggregated by census block
for purpose specified in this subdivision.]
2. ESTABLISHMENT AND ALTERATION OF SENATE, ASSEMBLY AND CONGRESSIONAL
DISTRICTS. (A) THERE SHALL BE A LEGISLATIVE ADVISORY COMMISSION ON
REDISTRICTING AND DEMOGRAPHIC RESEARCH (THE "COMMISSION") TO DRAW
SENATE, ASSEMBLY AND CONGRESSIONAL DISTRICTS, SO THAT ALL THE PEOPLE OF
NEW YORK MAY BE FAIRLY REPRESENTED. THE TEMPORARY PRESIDENT OF THE
SENATE, MINORITY LEADER OF THE SENATE, SPEAKER OF THE ASSEMBLY, AND
MINORITY LEADER OF THE ASSEMBLY SHALL EACH APPOINT TWO LEGISLATOR
MEMBERS FROM THEIR PARTY CONFERENCE, WITH ONE APPOINTEE FROM EACH MAJOR-
ITY DESIGNATED AS CO-CHAIR. THE EIGHT LEGISLATOR MEMBERS SHALL SELECT
AND APPOINT FOUR PUBLIC MEMBERS BY A VOTE OF AT LEAST SIX OF THE EIGHT
LEGISLATOR MEMBERS. A MAJORITY VOTE, IF THE LEGISLATORS DIVIDE ALONG
PARTY LINES, WOULD THEN REQUIRE AGREEMENT OF AT LEAST THREE OF THE FOUR
NON-LEGISLATOR MEMBERS. NO PERSON SHALL BE A NON-LEGISLATOR MEMBER OF
THE COMMISSION WHO IS NOT A REGISTERED VOTER IN THE STATE OF NEW YORK,
AND WHO HAS NOT BEEN, AT THE TIME OF APPOINTMENT, A RESIDENT OF THE
STATE OF NEW YORK FOR FIVE YEARS. NO MEMBER OF THE SENATE OR ASSEMBLY,
NO MEMBER OF CONGRESS, AND NO PERSON HOLDING JUDICIAL OFFICE, SHALL BE A
NON-LEGISLATOR MEMBER OF THE COMMISSION. VACANCIES SHALL BE FILLED BY
THE ORIGINAL APPOINTING LEGISLATIVE AUTHORITY.
(B) THE SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS SHALL BE DEVEL-
OPED BY A VOTE OF AT LEAST SEVEN MEMBERS OF THE COMMISSION. THE PLANS OF
SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS DEVELOPED BY THE COMMIS-
SION SHALL BE SUBMITTED TO THE LEGISLATURE FOR ENACTMENT. THE COMMISSION
SHALL ESTABLISH THE SENATE AND ASSEMBLY DISTRICTS NO LATER THAN THE LAST
DAY OF JANUARY OF THE SECOND YEAR FOLLOWING THE YEAR IN WHICH THE FEDER-
AL DECENNIAL CENSUS IS TAKEN. THE COMMISSION SHALL ISSUE A REPORT
EXPLAINING HOW THE DISTRICTS COMPLY WITH THE REQUIREMENTS OF SUBDIVISION
THREE OF THIS SECTION. CONGRESSIONAL DISTRICTS SHALL BE ENACTED INTO
LAW NO LATER THAN THE LAST DAY OF MARCH OF THE SECOND YEAR FOLLOWING THE
YEAR IN WHICH THE FEDERAL DECENNIAL CENSUS IS TAKEN. THE COMMISSION
SHALL ISSUE A REPORT EXPLAINING HOW THE DISTRICTS COMPLY WITH THE
REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION. MEMBERS OF THE
COMMISSION SHALL PROVIDE THE LEGISLATURE WITH REPORTS ON MULTIPLE PLANS
IF THE COMMISSION FAILS TO ACHIEVE A MAJORITY VOTE ON EITHER THE SENATE
AND ASSEMBLY PLAN OR THE CONGRESSIONAL PLAN. THE COMMISSION SHALL MEET
TO MAKE ADJUSTMENTS TO PLANS FOR CONGRESSIONAL, ASSEMBLY AND SENATE
DISTRICTS SHOULD THE LEGISLATURE FAIL TO ADOPT THE COMMISSION'S PLAN AND
RETURN SUCH RECOMMENDATIONS TO THE LEGISLATURE. THE COMMISSION'S REVISED
PLANS SHALL BE SUBMITTED TO THE LEGISLATURE FOR CONSIDERATION. DISTRICT-
ING PLANS ENACTED INTO LAW SHALL BECOME EFFECTIVE FOR THE NEXT ENSUING
GENERAL ELECTION OF SENATORS, ASSEMBLY MEMBERS, AND MEMBERS OF CONGRESS.
THE SENATE, ASSEMBLY AND CONGRESSIONAL DISTRICTS SHALL REMAIN UNALTERED
UNTIL AFTER THE SUBSEQUENT FEDERAL DECENNIAL CENSUS, EXCEPT THAT, IF AN
ALTERATION OF SUCH DISTRICTS SHALL BE ORDERED BY A COURT OF COMPETENT
JURISDICTION, OR IF SUCH DISTRICTS SHALL BE PREVENTED FROM TAKING EFFECT
S. 3253--A 5
PURSUANT TO THIS SECTION OR TO ANY PROVISION OF THE CONSTITUTION AND
LAWS OF THE UNITED STATES, THE COMMISSION SHALL MEET TO RECOMMEND ALTER-
ATIONS NECESSARY TO THE LEGISLATURE TO PROVIDE A REMEDY. ALL VOTES OF
THE COMMISSION SHALL BE TAKEN AT PUBLIC MEETINGS, AND THE COMMISSION
SHALL CAUSE TRANSCRIPTS OF ALL MEETINGS AND HEARINGS, INCLUDING ALL
TESTIMONY SUBMITTED IN WRITING, TO BE MADE PUBLICLY AVAILABLE. THE
COMMISSION SHALL PROMOTE INFORMED PUBLIC UNDERSTANDING OF, AND PARTIC-
IPATION IN, THE PROCESS OF REDISTRICTING, BY SUCH MEANS AS PROVIDING
INFORMATION TO THE PUBLIC, HOLDING HEARINGS AND ADEQUATE PUBLIC COMMENT
PERIODS BEFORE AND AFTER PLANS ARE FINALIZED, AND ENCOURAGING SUBMISSION
OF PROPOSALS.
(C) THE LEGISLATURE SHALL MAKE NECESSARY APPROPRIATIONS FOR THE
EXPENSES OF THE COMMISSION, PROVIDE FOR COMPENSATION AND REIMBURSEMENT
OF EXPENSES FOR THE MEMBERS AND STAFF OF THE COMMISSION, ASSIGN TO THE
COMMISSION ANY ADDITIONAL DUTIES THAT THE LEGISLATURE MAY DEEM NECESSARY
TO THE PERFORMANCE OF THE DUTIES STIPULATED IN THIS SECTION, AND REQUIRE
OTHER AGENCIES AND OFFICIALS OF THE STATE OF NEW YORK AND ITS POLITICAL
SUBDIVISIONS TO PROVIDE SUCH INFORMATION AND ASSISTANCE AS THE COMMIS-
SION MAY REQUIRE TO PERFORM ITS DUTIES.
(D) SUBJECT TO SUCH REASONABLE REGULATIONS AS THE LEGISLATURE SHALL
ENACT, THE COMMISSION SHALL, WITH THE APPROVAL OF THE TEMPORARY PRESI-
DENT OF THE SENATE, MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AS MAY BE NECESSARY TO
PERFORM ITS DUTIES, HIRE STAFF, ENTER INTO CONTRACTS, CONDUCT RESEARCH,
HOLD HEARINGS, AND COMMUNICATE WITH THE PUBLIC; SHALL ASSEMBLE AND MAIN-
TAIN SUCH GEOGRAPHIC, DEMOGRAPHIC, ELECTION, AND VOTER REGISTRATION DATA
AS MAY BE NECESSARY FOR THE ANALYSIS AND EVALUATION OF PROPOSED AND
ESTABLISHED PLANS OF SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS,
INCLUDING, BUT NOT LIMITED TO, THE COMPLIANCE OF SUCH PLANS WITH THE
PROVISIONS OF THIS SECTION AND WITH THE CONSTITUTION AND LAWS OF THE
UNITED STATES; AND SHALL CAUSE ALL SUCH DATA, AND ALL EXPERT REPORTS,
RESULTS OF ANY OTHER RESEARCH CONDUCTED UNDER A CONTRACT ENTERED INTO BY
THE COMMISSION, AND PROPOSALS FOR DISTRICTS SUBMITTED BY THE PUBLIC, TO
BE MADE PUBLICLY AVAILABLE.
(E) EACH MEMBER OF THE COMMISSION WHO IS NOT A MEMBER OF THE LEGISLA-
TURE SHALL BE ENTITLED TO RECEIVE ACTUAL AND NECESSARY EXPENSES INCURRED
IN THE DISCHARGE OF HIS OR HER DUTIES AND SHALL BE ENTITLED TO COMPEN-
SATION AS DETERMINED BY THE CO-CHAIRS WITHIN THE APPROPRIATIONS AVAIL-
ABLE THEREFOR, EXCEPT THAT SUCH MEMBER, WHO IS SERVING IN SUCH CAPACITY
IN A TRANSIENT, OCCASIONAL AND INCIDENTAL MANNER, SHALL NOT BE ENTITLED
TO RECEIVE MORE THAN THE ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
DISCHARGE OF HIS OR HER DUTIES.
(F) THE COMMISSION, WITH THE APPROVAL OF ITS CO-CHAIRS AND SUBJECT TO
GUIDELINES SUBMITTED BY THE CO-CHAIRS AND APPROVED BY THE TEMPORARY
PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, MAY SELL SURVEYS,
DATA, COPIES OF TABULATIONS AND OTHER SPECIAL STATISTICAL COMPILATIONS
AND MATERIALS TO DEPARTMENTS, AGENCIES AND OTHER ENTITIES OF FEDERAL,
STATE OR LOCAL GOVERNMENT, OF FOREIGN COUNTRIES, AND TO PUBLIC BENEFIT
CORPORATIONS, OR OTHER PUBLIC, NOT-FOR-PROFIT AND PRIVATE PERSONS AND
AGENCIES, UPON PAYMENT OF FEES AT LEAST SUFFICIENT TO PAY THE ACTUAL OR
ESTIMATED COST OF SUCH PROJECTS. IN FURTHERANCE OF SUCH SALE, THE
COMMISSION, WITH THE APPROVAL OF ITS CO-CHAIRS, MAY EXECUTE CONTRACTS
FOR SUCH PURPOSE. ANY CONTRACT EXECUTED HERETOFORE BY THE COMMISSION,
WITHOUT EXPRESS STATUTORY AUTHORIZATION, OF A NATURE SIMILAR IN IMPORT
AS THE CONTRACT FOR SALE HEREIN AUTHORIZED IS HEREBY VALIDATED, RATIFIED
AND CONFIRMED AS AN EXERCISE OF THE INHERENT POWER OF SUCH COMMISSION TO
S. 3253--A 6
EXECUTE SUCH CONTRACT. THE CO-CHAIRS SHALL TAKE SUCH ACTION AS SHALL BE
NECESSARY TO ASSURE THAT ANY SURVEY, DATA, TABULATION, SPECIAL STATIS-
TICAL COMPILATION OR MATERIAL MADE AVAILABLE FOR SALE SHALL NOT IDENTIFY
THE NAME OF ANY CORPORATION, COMPANY, ASSOCIATION, FIRM, PARTNERSHIP,
PROPRIETORSHIP, SOCIETY, JOINT STOCK COMPANY, INDIVIDUAL, OR OTHER
ORGANIZATION OR ENTITY.
(G) THE COMMISSION SHALL ENGAGE IN SUCH RESEARCH STUDIES AND OTHER
ACTIVITIES AS ITS CO-CHAIRS MAY DEEM NECESSARY OR APPROPRIATE IN THE
PREPARATION AND FORMULATION OF A REDISTRICTING PLAN FOR THE NEXT ENSUING
REDISTRICTING OF SENATE AND ASSEMBLY DISTRICTS AND CONGRESSIONAL
DISTRICTS OF THE STATE AND IN THE UTILIZATION OF CENSUS AND OTHER DEMO-
GRAPHIC AND STATISTICAL DATA FOR POLICY ANALYSIS, PROGRAM DEVELOPMENT
AND PROGRAM EVALUATION PURPOSES FOR THE LEGISLATURE.
(H) MONEYS HERETOFORE OR HEREAFTER RECEIVED BY OR ON BEHALF OF THE
COMMISSION FROM THE SALE OF SURVEYS, DATA, COPIES OF TABULATIONS AND
OTHER SPECIAL STATISTICAL COMPILATIONS AND MATERIALS AVAILABLE TO SUCH
COMMISSION SHALL BE DEPOSITED TO THE CREDIT OF THE LEGISLATIVE COMPUTER
SERVICES FUND ESTABLISHED BY SECTION NINETY-SEVEN-UU OF THE STATE
FINANCE LAW. THE MONEYS HEREBY CREDITED TO SUCH FUND MAY BE MADE AVAIL-
ABLE FOR THE COMMISSION AND SHALL, WHEN MADE AVAILABLE, BE PAYABLE OUT
OF THE STATE TREASURY ON THE AUDIT AND WARRANT OF THE COMPTROLLER IN THE
MANNER PROVIDED BY SECTION NINETY-SEVEN-UU OF THE STATE FINANCE LAW.
(I) THE CO-CHAIRS OF THE COMMISSION ARE HEREBY AUTHORIZED AND
EMPOWERED TO MAKE AND SIGN ANY AGREEMENTS IN THE NAME AND ON BEHALF OF
THE COMMISSION AND TO DO AND PERFORM ANY ACTS THAT MAY BE NECESSARY,
DESIRABLE OR PROPER TO CARRY OUT THE POWERS, PURPOSES AND OBJECTIVES OF
THE COMMISSION AND THE PROVISIONS THEREOF.
(J) THE COMMISSION, WITH THE APPROVAL OF ITS CO-CHAIRS, MAY COMPLETE
ANY CONTRACT EXECUTED AND CONDUCT ANY BUSINESS UNDERTAKEN OR COMMENCED
BY THE COMMISSION PERTAINING TO OR CONNECTED WITH THE REDISTRICTING AND
READJUSTMENT OR ALTERATION OF SENATE AND ASSEMBLY AND CONGRESSIONAL
DISTRICTS PRIOR TO THE ENACTMENT OF THESE PROVISIONS INTO LAW, AND THE
SAME SHALL BE COMPLETED AND CONDUCTED IN THE SAME MANNER AND UNDER THE
SAME TERMS AND CONDITIONS AND WITH THE SAME EFFECT AS IF COMPLETED AND
CONDUCTED BY THE LEGISLATURE OR SUCH COMMISSION.
(K) THE COMMISSION MAY HOLD PUBLIC AND PRIVATE HEARINGS AND OTHERWISE
HAVE ALL OF THE POWERS OF A LEGISLATIVE COMMITTEE UNDER THIS CHAPTER.
(L) THE CO-CHAIRS OF THE COMMISSION MAY REQUEST AND RECEIVE FROM ANY
COURT, DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR AGENCY OF THE
STATE OR ANY POLITICAL SUBDIVISION THEREOF SUCH ASSISTANCE AND DATA AS
WILL ENABLE THE COMMISSION TO PROPERLY CARRY OUT ITS POWERS AND DUTIES
HEREUNDER.
(M) EMPLOYEES OF THE COMMISSION SHALL BE CONSIDERED TO BE EMPLOYEES OF
THE LEGISLATURE FOR ALL PURPOSES.
3. CRITERIA TO BE FOLLOWED. (A) ALL DISTRICTS OF A HOUSE OF THE
LEGISLATURE SHALL BE AS NEARLY EQUAL IN POPULATION AS IS PRACTICAL,
EXCEPT AS NECESSARY TO SATISFY THE REQUIREMENTS OF PARAGRAPHS (C), (E)
AND (F) OF THIS SUBDIVISION, BUT THE DIFFERENCE IN POPULATION BETWEEN
THE MOST AND LEAST POPULOUS SENATE DISTRICTS SHALL NOT EXCEED TEN
PERCENT OF THE MEAN POPULATION OF ALL SENATE DISTRICTS, AND THE DIFFER-
ENCE IN POPULATION BETWEEN THE MOST AND LEAST POPULOUS ASSEMBLY
DISTRICTS SHALL NOT EXCEED TEN PERCENT OF THE MEAN POPULATION OF ALL
ASSEMBLY DISTRICTS. FOR ANY CONTIGUOUS GROUP OF SENATE OR ASSEMBLY
DISTRICTS, THE PERCENTAGE OF THE TOTAL NUMBER OF SUCH DISTRICTS
CONTAINED WITHIN SUCH GROUP, AND THE PERCENTAGE OF THE TOTAL POPULATION
OF THE STATE CONTAINED WITHIN SUCH GROUP, BOTH EXPRESSED AS TWO-DIGIT
S. 3253--A 7
NUMBERS FOLLOWED BY TWO-DIGIT DECIMALS, SHALL NOT DIFFER BY AN AMOUNT
GREATER THAN 0.50. THE POPULATIONS OF ANY TWO SENATE OR ASSEMBLY
DISTRICTS ADJOINING WITHIN A COUNTY SUBDIVISION, OR, IN NEW YORK CITY,
WITHIN A COUNTY, SHALL NOT DIFFER BY AN AMOUNT GREATER THAN TWO PERCENT
OF THE MEAN POPULATION OF SUCH TWO DISTRICTS.
(B) ALL CONGRESSIONAL DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION
AS IS PRACTICABLE.
(C) EACH DISTRICT SHALL CONSIST OF CONTIGUOUS TERRITORY; NO DISTRICT
SHALL CONSIST OF PARTS ENTIRELY SEPARATED BY THE TERRITORY OF ANOTHER
DISTRICT OF THE SAME BODY, WHETHER SUCH TERRITORY BE LAND OR WATER,
POPULATED OR UNPOPULATED. A POPULATED CENSUS BLOCK SHALL NOT BE DIVIDED
BY A DISTRICT BOUNDARY, UNLESS IT CAN BE DETERMINED THAT THE POPULATED
PART OF SUCH BLOCK IS WITHIN A SINGLE DISTRICT.
(D) THE WHOLE NUMBER OF PERSONS REPORTED IN THE FEDERAL DECENNIAL
CENSUS SHALL BE THE BASIS FOR DETERMINING POPULATIONS FOR THE PURPOSES
OF THIS ACT, EXCEPT THAT, FOR THE PURPOSE OF DETERMINING THE POPULATIONS
OF SENATE AND ASSEMBLY DISTRICTS, NO PERSON SHALL BE DEEMED TO HAVE
GAINED OR LOST A RESIDENCE BY REASON OF CONVICTION AND INCARCERATION IN
A FEDERAL OR STATE CORRECTIONAL FACILITY.
(E) SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICTS SHALL NOT BE ESTAB-
LISHED THAT RESULT IN A DENIAL TO MEMBERS OF RACIAL AND LINGUISTIC
MINORITY GROUPS OF AN EQUAL OPPORTUNITY WITH OTHER CITIZENS TO PARTIC-
IPATE IN THE POLITICAL PROCESS AND TO ELECT THE REPRESENTATIVES OF THEIR
CHOICE. THE PRINCIPLES STATED IN PARAGRAPH (F) OF THIS SUBDIVISION SHALL
BE USED TO CREATE DISTRICTS THAT WILL AFFORD FAIR REPRESENTATION TO THE
MEMBERS OF THOSE RACIAL AND LINGUISTIC MINORITY GROUPS WHO ARE SUFFI-
CIENTLY NUMEROUS AND WHOSE RESIDENTIAL PATTERNS AFFORD THE OPPORTUNITY
OF CREATING DISTRICTS IN WHICH THEY WILL BE ABLE TO ELECT REPRESEN-
TATIVES OF THEIR CHOICE.
(F) SUBJECT AND SUBSIDIARY TO THE REQUIREMENTS OF PARAGRAPHS (A), (B),
(C), (D) AND (E) OF THIS SUBDIVISION, THE FOLLOWING PRINCIPLES SHALL BE
FOLLOWED IN THE CREATION OF SENATE, ASSEMBLY, AND CONGRESSIONAL
DISTRICTS. A PRINCIPLE WITH A LOWER NUMBER SHALL HAVE PRECEDENCE OVER A
PRINCIPLE WITH A HIGHER NUMBER.
I. TO THE EXTENT POSSIBLE, COUNTIES SHALL NOT BE DIVIDED IN THE FORMA-
TION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUNTY
PURSUANT TO STATE LAW.
II. WHERE POSSIBLE, COUNTY SUBDIVISIONS SHALL NOT BE DIVIDED IN THE
FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUN-
TY SUBDIVISION. FOR THE PURPOSES OF THIS SECTION, A COUNTY SUBDIVISION
SHALL BE A CITY (EXCEPT FOR A CITY WITH A POPULATION OF ONE MILLION OR
MORE), A TOWN, OR AN INDIAN RESERVATION WHOSE TERRITORY IS EXCLUSIVE OF
THE TERRITORY OF ANY CITY OR TOWN. TO THE EXTENT POSSIBLE, COUNTY SUBDI-
VISIONS WITH LARGER POPULATIONS SHALL BE DIVIDED IN PREFERENCE TO DIVI-
SION OF THOSE WITH SMALLER POPULATIONS.
III. IF A TOWN MUST BE DIVIDED, WHERE POSSIBLE, INCORPORATED VILLAGES
SHALL NOT BE DIVIDED.
IV. SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS SHALL BE AS COMPACT
IN FORM AS IS POSSIBLE. PLANS OF SENATE, ASSEMBLY, OR CONGRESSIONAL
DISTRICTS SHALL BE COMPARED, USING AVERAGE NUMERICAL MEASURES, FOR EACH
SUCH PLAN, OF: (A) GEOGRAPHIC DISPERSION, THE DEGREE TO WHICH THE TERRI-
TORY OF DISTRICTS IS EITHER TIGHTLY PACKED OR WIDELY SPREAD OUT; (B) THE
RELATION OF THE PERIMETER LENGTHS TO THE AREAS OF DISTRICTS; AND (C) THE
DISPERSION OF THE POPULATIONS OF DISTRICTS; BUT NO MEASURE SHALL BE
EMPLOYED THAT IS SCALE-SENSITIVE, ACCORDING DIFFERENT WEIGHT TO THE
COMPACTNESS OF DISTRICTS IN RURAL, AS COMPARED WITH URBAN AREAS, OR
S. 3253--A 8
YIELDING DIFFERENT MEASURES FOR IDENTICALLY SHAPED DISTRICTS THAT DIFFER
ONLY IN ABSOLUTE SIZE.
V. TO THE EXTENT POSSIBLE, A SENATE, ASSEMBLY, OR CONGRESSIONAL
DISTRICT SHALL UNITE COMMUNITIES DEFINED BY ACTUAL SHARED INTERESTS,
TAKING ACCOUNT OF GEOGRAPHIC, SOCIAL, ECONOMIC, AND OTHER FACTORS THAT
INDICATE COMMONALITY OF INTEREST, AND DISTRICTS SHALL BE FORMED SO AS TO
PROMOTE THE ORDERLY AND EFFICIENT ADMINISTRATION OF ELECTIONS.
VI. TO THE EXTENT POSSIBLE, THE RESIDENCES OF TWO OR MORE INCUMBENT
MEMBERS OF THE SAME BODY SHALL NOT BE PLACED IN THE SAME DISTRICT OF
SUCH BODY, AND THE RESIDENCES OF INCUMBENT LEGISLATORS AND MEMBERS OF
CONGRESS SHALL BE INCLUDED IN THE DISTRICT WITH THE LARGEST NUMBER OF
THEIR EXISTING CONSTITUENTS, BUT THE REQUIREMENTS OF PARAGRAPHS (A),
(B), (C), (D) AND (E) OF THIS SUBDIVISION, AND OF SUBPARAGRAPHS I, II,
III, IV AND V OF THIS PARAGRAPH, SHALL ALWAYS TAKE PRECEDENCE OVER, AND
SHALL NEVER BE SUBORDINATED TO, THE REQUIREMENTS OF THIS SUBPARAGRAPH OR
THE PRESERVATION OF THE CORES OF EXISTING DISTRICTS.
S 2. This act shall take effect immediately; provided, however, that
the amendments to section 83-m of the legislative law made by section
one of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
