New York Redistricting Reform Bill A6287
Introduced by M. of A. GIANARIS, JOHN, ESPAILLAT, BING, GALEF, A.
COHEN, STRINGER -- Multi-Sponsored by -- M. of A. BOYLAND,
BRADLEY, BRENNAN, CAHILL, CHRISTENSEN, CLARK, DINOWITZ,
GRANNIS, MILLMAN, O`DONNELL, PAULIN, POWELL, SCHIMMINGER --
read once and referred to the Committee on Governmental
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 ASSEMBLY, DO ENACT AS FOLLOWS:
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
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 LEGISLATIVE RESEARCH PROJECTS RELATING THERETO.
S 94. APPORTIONMENT NOMINATIONS COMMITTEE. 1. ON OR BEFORE THE FIRST OF DECEMBER OF EACH YEAR, THERE SHALL BE ESTABLISHED AN APPORTIONMENT 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:
(A) ONE MEMBER SHALL BE APPOINTED BY THE PRESIDING JUDGE OF THE COURT OF APPEALS;
(B) ONE MEMBER SHALL BE APPOINTED BY THE ATTORNEY GENERAL;
(C) ONE MEMBER SHALL BE APPOINTED BY THE STATE COMPTROLLER;
(D) ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR;
(E) ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
(F) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
(G) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND
(H) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
3. THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL DESIGNATE ITS CHAIR FROM AMONG ITS MEMBERS BY A SIMPLE MAJORITY VOTE OF ALL MEMBERS, PROVIDED THAT IN THE EVENT OF A TIE VOTE, THE PRESIDING JUDGE OF THE COURT OF APPEALS SHALL DESIGNATE THE CHAIR OF SUCH COMMITTEE FROM AMONG ITS MEMBERS.
4. THE MEMBERS OF THE APPORTIONMENT NOMINATING 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 GOVERNMENTAL OFFICE;
(B) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS ANY OTHER PARTISAN 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 OR THE EXECUTIVE CHAMBER;
(D) BE OR HAVE BEEN WITHIN THE PREVIOUS TWO YEARS A REGISTERED LOBBYIST 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 OR THE EXECUTIVE CHAMBER; OR
(F) BE RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY MEMBER OF THE UNITED STATES CONGRESS, THE STATE LEGISLATURE OR THE EXECUTIVE CHAMBER, 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 ANNUALLY, ON OR BEFORE THE FIRST OF MARCH, 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 PRESIDING JUDGE OF THE COURT OF APPEALS, THE ATTORNEY GENERAL, THE STATE COMPTROLLER, THE GOVERNOR, 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 REPUBLICANS.
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 GOVERNMENTAL OFFICE;
(B) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS ANY OTHER PARTISAN 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 OR THE EXECUTIVE CHAMBER;
(D) BE OR HAVE BEEN WITHIN THE PREVIOUS TWO YEARS A REGISTERED LOBBYIST 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 OR THE EXECUTIVE CHAMBER; OR
(F) BE RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY MEMBER OF THE UNITED STATES CONGRESS, THE STATE LEGISLATURE OR THE EXECUTIVE CHAMBER, OR TO THE SPOUSE OF ANY SUCH PERSON.
5. (A) THE NOMINATIONS POOL SHALL INCLUDE PERSONS FROM EACH OF THE FOLLOWING REGIONS OF THE STATE:
(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 SCHENECTADY;
(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 APPORTIONMENT COMMISSION TO ASSIST THE LEGISLATURE IN THE REAPPORTIONMENT OF CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS BASED ON THE ENSUING FEDERAL CENSUS, PURSUANT TO SECTION TWO OF ARTICLE ONE OF THE UNITED STATES 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 PRESIDING 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 PRESIDING 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 PRESIDING 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 MEMBERS OF THE APPORTIONMENT COMMISSION SHALL SERVE AT THE PLEASURE OF THE OFFICIAL WHO APPOINTED THEM, PURSUANT TO SUBDIVISION TWO OF THIS SECTION. 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 THEREOF 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 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 NECESSARY 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 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 ESTABLISH APPORTIONMENT PLANS PURSUANT TO SECTION NINETY-EIGHT OF THIS ARTICLE;
5. PREPARE THE NECESSARY DESCRIPTIONS FOR THE GEOGRAPHIC UNITS OF THE STATE FOR USE BY THE FEDERAL CENSUS BUREAU IN REPORTING DECENNIAL FEDERAL 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 UTILIZATION 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 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 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;
9. PROMULGATE AND MAKE AVAILABLE TO THE PUBLIC, IN PRINT FORM AND IN ELECTRONIC FORM ON THE INTERNET, ALL RULES AND REGULATIONS ESTABLISHING THE PROCEDURES AND STANDARDS FOR DETERMINING THE COMPETITIVENESS OF PROPOSED DISTRICTS; AND
10. MAKE AVAILABLE TO THE PUBLIC IN PRINT FORM AND IN ELECTRONIC FORM ON THE INTERNET ALL APPORTIONMENT 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 ESTABLISH A PLAN FOR THE APPORTIONMENT OF CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS IN THE STATE.
2. THE APPORTIONMENT COMMISSION SHALL PREPARE APPORTIONMENT PLANS 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 EFFECTIVE REPRESENTATION OF RACIAL AND LANGUAGE MINORITY GROUPS COVERED BY THE FEDERAL VOTING RIGHTS ACT OF 1965. THE CONGRESSIONAL DISTRICTS AND STATE LEGISLATIVE DISTRICTS SHALL:
(A) 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;
(B) 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;
(C) 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;
(D) TO THE EXTENT PRACTICABLE, COINCIDE WITH CITY, TOWN AND COUNTY BOUNDARIES;
(E) TO THE EXTENT PRACTICABLE, EACH ASSEMBLY DISTRICT SHALL BE ENTIRELY WITHIN A SINGLE SENATE DISTRICT, AND TO THE EXTENT CONSISTENT WITH THE PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION, NO ASSEMBLY DISTRICT SHALL BE WITHIN MORE THAN TWO SENATE DISTRICTS;
(F) TO THE EXTENT CONSISTENT WITH THE PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION, NO SENATE DISTRICT SHALL INCLUDE MORE THAN THREE ASSEMBLY DISTRICTS;
(G) NOT BE DRAWN WITH AN INTENT TO FAVOR OR OPPOSE ANY POLITICAL PARTY, OR ANY INCUMBENT FEDERAL OR STATE LEGISLATOR;
(H) TO THE EXTENT PRACTICABLE WITHOUT SIGNIFICANTLY UNDERMINING THE PROVISIONS OF PARAGRAPHS (A) THROUGH (G) OF THIS SUBDIVISION, BE DRAWN TO KEEP INTACT WITHIN A SINGLE DISTRICT THOSE NEIGHBORHOODS AND COMMUNITIES WITH ESTABLISHED TIES OF COMMON INTEREST AND ASSOCIATION, WHETHER HISTORICAL, RACIAL, ECONOMIC, ETHNIC, RELIGIOUS OR OTHER; AND
(I) TO THE EXTENT PRACTICABLE WITHOUT SIGNIFICANTLY UNDERMINING THE PROVISIONS OF PARAGRAPHS (A) THROUGH (G) OF THIS SUBDIVISION, BE DRAWN TO ENCOURAGE COMPETITIVE DISTRICTS, AS DEFINED IN THE REGULATIONS OF THE APPORTIONMENT COMMISSION.
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, ROCHESTER, 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.
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.
(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.
5. IF EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION SUBMITTED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, OR IF THE GOVERNOR SHALL VETO SUCH LEGISLATION AND THE LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO, THE LEGISLATURE SHALL IMMEDIATELY TRANSMIT TO THE APPORTIONMENT COMMISSION A LIST OF REASONS THAT SUCH LEGISLATION DID NOT BECOME LAW. WITHIN TWENTY-ONE DAYS OF THE DISAPPROVAL OF SUCH LEGISLATION, 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 IMPLEMENTING LEGISLATION THEREFOR SHALL BE INTRODUCED IN BOTH HOUSES OF THE LEGISLATURE WITHOUT ANY AMENDMENTS. SUCH LEGISLATION SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH SUCH HOUSES WITHIN TWENTY-ONE DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS INTRODUCTION.
6. IF EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION SUBMITTED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, OR IF THE GOVERNOR SHALL VETO SUCH LEGISLATION AND THE LEGISLATURE FAILS TO OVERRIDE SUCH VETO, THE LEGISLATURE SHALL IMMEDIATELY TRANSMIT TO THE APPORTIONMENT COMMISSION A LIST OF THE REASONS THAT SUCH LEGISLATION DID NOT BECOME LAW. WITHIN TWENTY-ONE DAYS OF THE DISAPPROVAL OF SUCH LEGISLATION, THE APPORTIONMENT COMMISSION SHALL ESTABLISH 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 LEGISLATURE SHALL DEEM NECESSARY SHALL BE INTRODUCED IN BOTH HOUSES OF THE LEGISLATURE. 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.
7. UPON THE FAILURE OF EITHER HOUSE OF THE LEGISLATURE TO APPROVE SUCH LEGISLATION, OR UPON THE VETO OF SUCH LEGISLATION BY THE GOVERNOR, THE COURT OF APPEALS SHALL IMMEDIATELY REVIEW ALL LEGISLATION SUBMITTED PURSUANT TO THIS SECTION TO DETERMINE WHICH APPORTIONMENT PLAN SHOULD BE ENACTED INTO LAW.
S 99. APPLICATION OF ARTICLE. THE PROCESS FOR APPORTIONMENT OF CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS ESTABLISHED BY THIS ARTICLE 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.
S 5. This act shall take effect immediately.