S T A T E O F N E W Y O R K
________________________________________________________________________
7014
2013-2014 Regular Sessions
I N A S S E M B L Y
April 29, 2013
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Introduced by M. of A. SEPULVEDA -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the state law, in relation to apportionment of senate
and assembly districts in the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision b of section 127 of the state law, as added by
chapter 16 of the laws of 2012, is amended to read as follows:
b. It is intended that this article and the districts described there-
in completely encompass all the area within the state. It is further
intended that the apportionment and districting provided for [in this
article result in the creation of districts which are substantially
equal in population and] contain all inhabitants in this state, based on
the Federal Census of two thousand ten, as adjusted pursuant to the
provisions of part XX of chapter fifty-seven of the laws of two thousand
ten AND EACH FEDERAL CENSUS TAKEN DECENNIALLY THEREAFTER. It is also
intended that no district shall include any of the area included within
the description of any other district. DISTRICTS DESCRIBED WITHIN THIS
ARTICLE SHALL BE IN ACCORDANCE WITH SECTION TWO OF ARTICLE ONE OF THE
UNITED STATES CONSTITUTION, SECTIONS FOUR AND FIVE OF ARTICLE THREE OF
THE STATE CONSTITUTION AND IN A MANNER THAT ENSURES THE FAIR AND EFFEC-
TIVE REPRESENTATION FOR ALL RESIDENTS OF THE STATE, INCLUDING RACIAL,
ETHNIC AND LANGUAGE MINORITY GROUPS, AND ADHERE TO ALL STANDARDS AND
PRACTICES SET FORTH IN THE FEDERAL VOTING RIGHTS ACT (42 U.S.C. SS1971
ET. SEQ.) AND OTHER RELEVANT FEDERAL REGULATIONS. THE STATE LEGISLATIVE
DISTRICTS SHALL:
(1) BE DRAWN TO KEEP INTACT WITHIN A SINGLE DISTRICT THOSE NEIGHBOR-
HOODS AND COMMUNITIES WITH ESTABLISHED TIES OF COMMON INTEREST AND ASSO-
CIATION, WHETHER HISTORICAL, RACIAL, ECONOMIC, ETHNIC, RELIGIOUS OR
OTHER;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02623-01-3
A. 7014 2
(2) BE OF SUBSTANTIAL EQUALITY OF POPULATION WITH OTHER CONGRESSIONAL,
SENATE AND ASSEMBLY DISTRICTS, PROVIDED THAT, FOR SENATE AND ASSEMBLY
DISTRICTS, NO SUCH DEVIATION SHALL EXCEED ONE PERCENT OF THE AVERAGE
POPULATION OF ALL SENATE OR ASSEMBLY DISTRICTS;
(3) BE COMPOSED OF COMPACT AND CONTIGUOUS TERRITORY, PROVIDED THAT
LAND AREAS SEPARATED BY A WATERWAY SHALL NOT BE INCLUDED WITHIN THE SAME
DISTRICT UNLESS SUCH WATERWAY IS TRAVERSED BY A HIGHWAY BRIDGE OR TUNNEL
WHICH BEGINS AND TERMINATES WITHIN THE SAME SUCH DISTRICT, EXCEPT THAT,
POPULATION PERMITTING, ISLANDS NOT CONNECTED TO THE MAINLAND OR ANOTHER
ISLAND BY A HIGHWAY BRIDGE OR TUNNEL SHALL BE IN THE SAME DISTRICT AS
THE NEAREST LAND AREA WITHIN THE SAME POLITICAL SUBDIVISION;
(4) BE DRAWN SUCH THAT THE NUMBER OF COUNTIES WHOSE TERRITORY IS
DIVIDED AMONG MORE THAN ONE DISTRICT SHALL BE AS SMALL AS POSSIBLE AND,
WITHIN COUNTIES SO DIVIDED, THE NUMBER OF TOWNS AND CITIES DIVIDED AMONG
MORE THAN ONE DISTRICT SHALL BE AS SMALL AS POSSIBLE;
(5) 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;
(6) TO THE EXTENT PRACTICABLE, COINCIDE WITH CITY, TOWN AND COUNTY
BOUNDARIES;
(7) TO THE EXTENT PRACTICABLE, EACH ASSEMBLY DISTRICT SHALL BE ENTIRE-
LY WITHIN A SINGLE SENATE DISTRICT, AND TO THE EXTENT CONSISTENT WITH
THE PROVISIONS OF PARAGRAPH FOUR OF THIS SUBDIVISION, NO ASSEMBLY
DISTRICT SHALL BE WITHIN MORE THAN TWO SENATE DISTRICTS; AND
(8) TO THE EXTENT CONSISTENT WITH THE PROVISIONS OF PARAGRAPH FOUR OF
THIS SUBDIVISION, NO SENATE DISTRICT SHALL INCLUDE MORE THAN THREE
ASSEMBLY DISTRICTS.
S 2. This act shall take effect immediately.