S T A T E   O F   N E W   Y O R K
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                                  6336

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2013
                               ___________

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.
                                                           LBD08111-01-3
              

A. 6336                             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. 6336                             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.