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S02107 Summary:

BILL NO    S02107 

SAME AS    SAME AS A02086

SPONSOR    SKELOS

COSPNSR    KLEIN

MLTSPNSR   

Amd Art 3 SS4 & 5, add S5-b, Constn

Creates the independent redistricting commission to establish senate, assembly
and congressional districts.
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S02107 Actions:

BILL NO    S02107 

01/10/2013 REFERRED TO RULES
01/11/2013 TO ATTORNEY-GENERAL FOR OPINION
01/14/2013 ORDERED TO THIRD READING CAL.2
01/22/2013 TO ATTORNEY-GENERAL FOR OPINION
01/23/2013 SUBSTITUTED BY A2086
           A02086  AMEND=  Silver (MS)
           01/09/2013 referred to governmental operations
           01/10/2013 to attorney-general for opinion
           01/14/2013 reported referred to judiciary
           01/14/2013 reported referred to rules
           01/14/2013 reported 
           01/14/2013 rules report cal.2
           01/14/2013 ordered to third reading rules cal.2
           01/14/2013 passed assembly
           01/14/2013 delivered to senate
           01/14/2013 REFERRED TO RULES
           01/23/2013 SUBSTITUTED FOR S2107
           01/23/2013 3RD READING CAL.2
           01/23/2013 PASSED SENATE
           01/23/2013 RETURNED TO ASSEMBLY
           02/19/2013 delivered to secretary of state
           02/15/2013 OPINION REFERRED TO JUDICIARY
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S02107 Votes:

There are no votes for this bill in this legislative session.
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S02107 Memo:

Memo not available
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S02107 Text:

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

                                         2107

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   January 10, 2013
                                      ___________

       Introduced by Sens. SKELOS, KLEIN -- read twice and ordered printed, and
         when printed to be committed to the Committee on Rules

                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

       proposing  an amendment to article 3 of the constitution, in relation to
         the establishment of the independent redistricting commission

    1    Section 1. Resolved (if the Assembly concur), That sections 4 and 5 of
    2  article 3 of the constitution be amended, and a new section 5-b be added
    3  to read as follows:
    4    S 4. (A) Except as herein otherwise provided, the federal census taken
    5  in the year nineteen hundred thirty and each federal census taken decen-
    6  nially thereafter shall be controlling as to the number  of  inhabitants
    7  in  the  state or any part thereof for the purposes of the apportionment
    8  of members of assembly and readjustment  or  alteration  of  senate  and
    9  assembly  districts  next  occurring,  in  so far as such census and the
   10  tabulation thereof purport to give the information  necessary  therefor.
   11  The  legislature, by law, shall provide for the making and tabulation by
   12  state authorities of an enumeration of the  inhabitants  of  the  entire
   13  state  to be used for such purposes, instead of a federal census, if the
   14  taking of a federal census in any tenth  year  from  the  year  nineteen
   15  hundred  thirty  be  omitted  or if the federal census fails to show the
   16  number of aliens or Indians not  taxed.  If  a  federal  census,  though
   17  giving the requisite information as to the state at large, fails to give
   18  the  information  as  to  any  civil  or  territorial divisions which is
   19  required to be known for such purposes, the legislature, by  law,  shall
   20  provide  for such an enumeration of the inhabitants of such parts of the
   21  state only as may be necessary, which shall supersede in part the feder-
   22  al census and be used in connection therewith for such  purposes.    The
   23  legislature, by law, may provide in its discretion for an enumeration by
   24  state  authorities  of the inhabitants of the state, to be used for such
   25  purposes, in place of a federal census, when the return of  a  decennial
   26  federal  census  is delayed so that it is not available at the beginning
   27  of the regular session of the legislature in the second year  after  the

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89085-01-3
       S. 2107                             2

    1  year nineteen hundred thirty or after any tenth year therefrom, or if an
    2  apportionment  of  members of assembly and readjustment or alteration of
    3  senate districts is not made at or before such a session. At the regular
    4  session  in the year nineteen hundred thirty-two, and at the first regu-
    5  lar session after the year nineteen hundred forty and after  each  tenth
    6  year  therefrom the senate districts shall be readjusted or altered, but
    7  if, in any decade, counting from and including that  which  begins  with
    8  the  year nineteen hundred thirty-one, such a readjustment or alteration
    9  is not made at the time above prescribed, it shall be made at  a  subse-
   10  quent  session  occurring  not later than the sixth year of such decade,
   11  meaning not later than nineteen  hundred  thirty-six,  nineteen  hundred
   12  forty-six,  nineteen  hundred  fifty-six,  and so on; provided, however,
   13  that if such districts shall have been readjusted or altered by  law  in
   14  either  of the years nineteen hundred thirty or nineteen hundred thirty-
   15  one, they shall remain unaltered until the first regular  session  after
   16  the  year nineteen hundred forty. [Such districts shall be so readjusted
   17  or altered that each senate district shall contain as nearly as  may  be
   18  an  equal  number of inhabitants, excluding aliens, and be in as compact
   19  form as practicable, and shall remain unaltered until the first year  of
   20  the  next  decade  as  above  defined, and shall at all times consist of
   21  contiguous territory, and no county shall be divided in the formation of
   22  a senate district except to make two or more senate districts wholly  in
   23  such  county.]  No  town, except a town having more than a full ratio of
   24  apportionment, and no block in a city  inclosed  by  streets  or  public
   25  ways,  shall be divided in the formation of senate districts[; nor shall
   26  any]. IN THE REAPPORTIONMENT OF  SENATE  DISTRICTS,  NO  district  SHALL
   27  contain a greater excess in population over an adjoining district in the
   28  same  county,  than  the population of a town or block therein adjoining
   29  such district. Counties, towns or blocks which, from their location, may
   30  be included in either of two districts, shall be so placed  as  to  make
   31  said  districts  most  nearly  equal in number of inhabitants, excluding
   32  aliens.
   33    No county shall have four or more senators unless it shall have a full
   34  ratio for each senator. No county shall have more than one-third of  all
   35  the senators; and no two counties or the territory thereof as now organ-
   36  ized,  which  are  adjoining  counties,  or  which are separated only by
   37  public waters, shall have more than one-half of all the senators.
   38    (B) THE INDEPENDENT REDISTRICTING COMMISSION ESTABLISHED  PURSUANT  TO
   39  SECTION  FIVE-B  OF  THIS  ARTICLE SHALL PREPARE A REDISTRICTING PLAN TO
   40  ESTABLISH SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS EVERY TEN  YEARS
   41  COMMENCING  IN TWO THOUSAND TWENTY-ONE, AND SHALL SUBMIT TO THE LEGISLA-
   42  TURE SUCH PLAN AND THE IMPLEMENTING LEGISLATION THEREFOR  ON  OR  BEFORE
   43  JANUARY  FIRST  OR  AS  SOON AS PRACTICABLE THEREAFTER BUT NO LATER THAN
   44  JANUARY FIFTEENTH IN THE YEAR ENDING IN TWO BEGINNING  IN  TWO  THOUSAND
   45  TWENTY-TWO.    THE  REDISTRICTING  PLANS FOR THE ASSEMBLY AND THE SENATE
   46  SHALL BE CONTAINED IN AND VOTED UPON BY  THE  LEGISLATURE  IN  A  SINGLE
   47  BILL,  AND  THE  CONGRESSIONAL DISTRICT PLAN MAY BE INCLUDED IN THE SAME
   48  BILL IF THE LEGISLATURE CHOOSES TO DO SO.  THE IMPLEMENTING  LEGISLATION
   49  SHALL  BE  VOTED  UPON, WITHOUT AMENDMENT, BY THE SENATE OR THE ASSEMBLY
   50  AND IF APPROVED BY THE FIRST HOUSE  VOTING  UPON  IT,  SUCH  LEGISLATION
   51  SHALL BE DELIVERED TO THE OTHER HOUSE IMMEDIATELY TO BE VOTED UPON WITH-
   52  OUT  AMENDMENT.    IF APPROVED BY BOTH HOUSES, SUCH LEGISLATION SHALL BE
   53  PRESENTED TO THE GOVERNOR FOR ACTION.
   54    IF EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION IMPLEMENTING THE
   55  FIRST REDISTRICTING PLAN, OR THE GOVERNOR SHALL  VETO  SUCH  LEGISLATION
   56  AND  THE LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO, EACH HOUSE OR THE
       S. 2107                             3

    1  GOVERNOR IF HE OR SHE VETOES IT, SHALL NOTIFY THE COMMISSION  THAT  SUCH
    2  LEGISLATION HAS BEEN DISAPPROVED.  WITHIN FIFTEEN DAYS OF SUCH NOTIFICA-
    3  TION AND IN NO CASE LATER THAN FEBRUARY TWENTY-EIGHTH, THE REDISTRICTING
    4  COMMISSION  SHALL  PREPARE AND SUBMIT TO THE LEGISLATURE A SECOND REDIS-
    5  TRICTING PLAN AND THE NECESSARY IMPLEMENTING LEGISLATION FOR SUCH  PLAN.
    6  SUCH  LEGISLATION  SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY THE SENATE
    7  OR THE ASSEMBLY AND, IF APPROVED BY THE FIRST HOUSE VOTING UPON IT, SUCH
    8  LEGISLATION SHALL BE DELIVERED TO THE  OTHER  HOUSE  IMMEDIATELY  TO  BE
    9  VOTED  UPON  WITHOUT AMENDMENT.  IF APPROVED BY BOTH HOUSES, SUCH LEGIS-
   10  LATION SHALL BE PRESENTED TO THE GOVERNOR FOR ACTION.
   11    IF EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION IMPLEMENTING THE
   12  SECOND REDISTRICTING PLAN, OR THE GOVERNOR SHALL VETO  SUCH  LEGISLATION
   13  AND  THE  LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO, EACH HOUSE SHALL
   14  INTRODUCE SUCH IMPLEMENTING LEGISLATION WITH ANY AMENDMENTS  EACH  HOUSE
   15  OF  THE  LEGISLATURE DEEMS NECESSARY.   ALL SUCH AMENDMENTS SHALL COMPLY
   16  WITH THE PROVISIONS OF THIS ARTICLE.  IF APPROVED BY BOTH  HOUSES,  SUCH
   17  LEGISLATION SHALL BE PRESENTED TO THE GOVERNOR FOR ACTION.
   18    ALL  VOTES  BY THE SENATE OR ASSEMBLY ON ANY REDISTRICTING PLAN LEGIS-
   19  LATION PURSUANT TO THIS ARTICLE SHALL BE CONDUCTED  IN  ACCORDANCE  WITH
   20  THE FOLLOWING RULES:
   21    (1)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
   22  PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL  PARTIES,
   23  APPROVAL  OF  LEGISLATION  SUBMITTED  BY  THE  INDEPENDENT REDISTRICTING
   24  COMMISSION PURSUANT TO SUBDIVISION (F) OF SECTION FIVE-B OF THIS ARTICLE
   25  SHALL REQUIRE THE VOTE IN SUPPORT OF ITS PASSAGE BY AT LEAST A  MAJORITY
   26  OF THE MEMBERS ELECTED TO EACH HOUSE.
   27    (2)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
   28  PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL  PARTIES,
   29  APPROVAL  OF  LEGISLATION  SUBMITTED  BY  THE  INDEPENDENT REDISTRICTING
   30  COMMISSION PURSUANT TO SUBDIVISION (G) OF SECTION FIVE-B OF THIS ARTICLE
   31  SHALL REQUIRE THE VOTE IN SUPPORT OF  ITS  PASSAGE  BY  AT  LEAST  SIXTY
   32  PERCENT OF THE MEMBERS ELECTED TO EACH HOUSE.
   33    (3)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
   34  PRESIDENT OF THE  SENATE  ARE  MEMBERS  OF  THE  SAME  POLITICAL  PARTY,
   35  APPROVAL  OF  LEGISLATION  SUBMITTED  BY  THE  INDEPENDENT REDISTRICTING
   36  COMMISSION PURSUANT TO SUBDIVISION (F) OR (G) OF SECTION FIVE-B OF  THIS
   37  ARTICLE  SHALL  REQUIRE  THE  VOTE IN SUPPORT OF ITS PASSAGE BY AT LEAST
   38  TWO-THIRDS OF THE MEMBERS ELECTED TO EACH HOUSE.
   39    (C) SUBJECT TO THE REQUIREMENTS OF THE FEDERAL CONSTITUTION AND  STAT-
   40  UTES  AND  IN  COMPLIANCE  WITH  STATE  CONSTITUTIONAL REQUIREMENTS, THE
   41  FOLLOWING PRINCIPLES SHALL BE USED IN THE CREATION OF STATE  SENATE  AND
   42  STATE ASSEMBLY DISTRICTS AND CONGRESSIONAL DISTRICTS:
   43    (1) WHEN DRAWING DISTRICT LINES, THE COMMISSION SHALL CONSIDER WHETHER
   44  SUCH  LINES  WOULD  RESULT  IN  THE  DENIAL  OR ABRIDGEMENT OF RACIAL OR
   45  LANGUAGE MINORITY VOTING RIGHTS, AND DISTRICTS SHALL  NOT  BE  DRAWN  TO
   46  HAVE THE PURPOSE OF, NOR SHALL THEY RESULT IN, THE DENIAL OR ABRIDGEMENT
   47  OF  SUCH RIGHTS. DISTRICTS SHALL BE DRAWN SO THAT, BASED ON THE TOTALITY
   48  OF THE CIRCUMSTANCES, RACIAL OR MINORITY LANGUAGE  GROUPS  DO  NOT  HAVE
   49  LESS  OPPORTUNITY  TO  PARTICIPATE  IN  THE POLITICAL PROCESS THAN OTHER
   50  MEMBERS OF THE ELECTORATE AND TO ELECT REPRESENTATIVES OF THEIR CHOICE.
   51    (2) TO THE EXTENT PRACTICABLE, DISTRICTS SHALL CONTAIN  AS  NEARLY  AS
   52  MAY  BE AN EQUAL NUMBER OF INHABITANTS.  FOR EACH DISTRICT THAT DEVIATES
   53  FROM THIS REQUIREMENT, THE COMMISSION SHALL PROVIDE  A  SPECIFIC  PUBLIC
   54  EXPLANATION AS TO WHY SUCH DEVIATION EXISTS.
   55    (3) EACH DISTRICT SHALL CONSIST OF CONTIGUOUS TERRITORY.
   56    (4) EACH DISTRICT SHALL BE AS COMPACT IN FORM AS PRACTICABLE.
       S. 2107                             4

    1    (5)  DISTRICTS SHALL NOT BE DRAWN TO DISCOURAGE COMPETITION OR FOR THE
    2  PURPOSE OF FAVORING OR DISFAVORING INCUMBENTS OR OTHER PARTICULAR CANDI-
    3  DATES OR POLITICAL PARTIES. THE COMMISSION SHALL  CONSIDER  THE  MAINTE-
    4  NANCE OF CORES OF EXISTING DISTRICTS, OF PRE-EXISTING POLITICAL SUBDIVI-
    5  SIONS,  INCLUDING  COUNTIES,  CITIES,  AND  TOWNS, AND OF COMMUNITIES OF
    6  INTEREST.
    7    (6) IN DRAWING SENATE DISTRICTS, TOWNS OR  BLOCKS  WHICH,  FROM  THEIR
    8  LOCATION  MAY BE INCLUDED IN EITHER OF TWO DISTRICTS, SHALL BE SO PLACED
    9  AS TO MAKE SAID DISTRICTS MOST NEARLY EQUAL IN  NUMBER  OF  INHABITANTS.
   10  THE  REQUIREMENTS THAT SENATE DISTRICTS NOT DIVIDE COUNTIES OR TOWNS, AS
   11  WELL AS THE 'BLOCK-ON-BORDER' AND 'TOWN-ON-BORDER' RULES,  SHALL  REMAIN
   12  IN EFFECT.
   13    DURING  THE  PREPARATION  OF  THE  REDISTRICTING PLAN, THE INDEPENDENT
   14  REDISTRICTING COMMISSION SHALL CONDUCT NOT LESS THAN ONE PUBLIC  HEARING
   15  ON  PROPOSALS  FOR THE REDISTRICTING OF CONGRESSIONAL AND STATE LEGISLA-
   16  TIVE DISTRICTS IN EACH OF THE FOLLOWING  (I)  CITIES:  ALBANY,  BUFFALO,
   17  SYRACUSE,  ROCHESTER, AND WHITE PLAINS; AND (II) COUNTIES: BRONX, KINGS,
   18  NEW YORK, QUEENS, RICHMOND, NASSAU, AND  SUFFOLK.  NOTICE  OF  ALL  SUCH
   19  HEARINGS  SHALL  BE  WIDELY PUBLISHED USING THE BEST AVAILABLE MEANS AND
   20  MEDIA A REASONABLE TIME BEFORE EVERY HEARING. AT LEAST THIRTY DAYS PRIOR
   21  TO THE FIRST PUBLIC HEARING AND IN ANY EVENT  NO  LATER  THAN  SEPTEMBER
   22  FIFTEENTH  OF THE YEAR ENDING IN ONE OR AS SOON AS PRACTICABLE THEREAFT-
   23  ER, THE INDEPENDENT REDISTRICTING COMMISSION SHALL MAKE WIDELY AVAILABLE
   24  TO THE PUBLIC, IN PRINT FORM AND USING THE  BEST  AVAILABLE  TECHNOLOGY,
   25  ITS  DRAFT  REDISTRICTING PLANS, RELEVANT DATA, AND RELATED INFORMATION.
   26  SUCH PLANS, DATA, AND INFORMATION SHALL BE IN A  FORM  THAT  ALLOWS  AND
   27  FACILITATES THEIR USE BY THE PUBLIC TO REVIEW, ANALYZE, AND COMMENT UPON
   28  SUCH  PLANS AND TO DEVELOP ALTERNATIVE REDISTRICTING PLANS FOR PRESENTA-
   29  TION TO THE COMMISSION AT THE PUBLIC HEARINGS.  THE  INDEPENDENT  REDIS-
   30  TRICTING  COMMISSION  SHALL  REPORT THE FINDINGS OF ALL SUCH HEARINGS TO
   31  THE LEGISLATURE UPON SUBMISSION OF A REDISTRICTING PLAN.
   32    (D) The ratio for apportioning senators shall always  be  obtained  by
   33  dividing  the number of inhabitants, excluding aliens, by fifty, and the
   34  senate shall always be composed of fifty members,  except  that  if  any
   35  county  having  three  or more senators at the time of any apportionment
   36  shall be entitled on such ratio to an additional  senator  or  senators,
   37  such  additional  senator  or  senators shall be given to such county in
   38  addition to the fifty senators, and the whole number of  senators  shall
   39  be increased to that extent.
   40    The  senate  districts,  including the present ones, as existing imme-
   41  diately before the enactment of a law readjusting or altering the senate
   42  districts, shall continue to be the senate districts of the state  until
   43  the  expirations of the terms of the senators then in office, except for
   44  the purpose of an election of senators for full terms beginning at  such
   45  expirations, and for the formation of assembly districts.
   46    (E)  THE PROCESS FOR REDISTRICTING CONGRESSIONAL AND STATE LEGISLATIVE
   47  DISTRICTS ESTABLISHED BY THIS SECTION AND SECTIONS FIVE  AND  FIVE-B  OF
   48  THIS  ARTICLE  SHALL  GOVERN  REDISTRICTING  IN THIS STATE EXCEPT TO THE
   49  EXTENT THAT A COURT IS REQUIRED TO ORDER THE ADOPTION OF, OR CHANGES TO,
   50  A REDISTRICTING PLAN AS A REMEDY FOR A VIOLATION OF LAW.
   51    A REAPPORTIONMENT PLAN AND THE DISTRICTS CONTAINED IN SUCH PLAN  SHALL
   52  BE IN FORCE UNTIL THE EFFECTIVE DATE OF A PLAN BASED UPON THE SUBSEQUENT
   53  FEDERAL  DECENNIAL CENSUS TAKEN IN A YEAR ENDING IN ZERO UNLESS MODIFIED
   54  PURSUANT TO COURT ORDER.
   55    S 5. The members of the assembly shall be chosen by  single  districts
   56  and  shall  be apportioned [by the legislature] PURSUANT TO THIS SECTION
       S. 2107                             5

    1  AND SECTIONS FOUR AND FIVE-B OF THIS ARTICLE at each regular session  at
    2  which  the  senate  districts are readjusted or altered, and by the same
    3  law, among the several counties of  the  state,  as  nearly  as  may  be
    4  according  to  the  number  of  their  respective inhabitants, excluding
    5  aliens. Every county heretofore established  and  separately  organized,
    6  except the county of Hamilton, shall always be entitled to one member of
    7  assembly, and no county shall hereafter be erected unless its population
    8  shall  entitle  it  to a member. The county of Hamilton shall elect with
    9  the county of Fulton, until the population of  the  county  of  Hamilton
   10  shall,  according to the ratio, entitle it to a member. But the legisla-
   11  ture may abolish the said county of Hamilton  and  annex  the  territory
   12  thereof to some other county or counties.
   13    The  quotient  obtained by dividing the whole number of inhabitants of
   14  the state, excluding aliens, by the number of members of assembly, shall
   15  be the ratio for apportionment, which shall  be  made  as  follows:  One
   16  member  of  assembly  shall  be  apportioned  to every county, including
   17  Fulton and Hamilton as one county, containing less than  the  ratio  and
   18  one-half  over.  Two members shall be apportioned to every other county.
   19  The remaining members of assembly shall be apportioned to  the  counties
   20  having  more  than  two  ratios  according to the number of inhabitants,
   21  excluding aliens. Members apportioned on remainders shall be apportioned
   22  to the counties having the  highest  remainders  in  the  order  thereof
   23  respectively. No county shall have more members of assembly than a coun-
   24  ty having a greater number of inhabitants, excluding aliens.
   25    The  assembly districts, including the present ones, as existing imme-
   26  diately before the enactment of a law making an apportionment of members
   27  of assembly among the  counties,  shall  continue  to  be  the  assembly
   28  districts of the state until the expiration of the terms of members then
   29  in  office, except for the purpose of an election of members of assembly
   30  for full terms beginning at such expirations.
   31    In any county entitled to more than one member, the board of  supervi-
   32  sors,  and in any city embracing an entire county and having no board of
   33  supervisors, the common council, or if there be none, the body  exercis-
   34  ing  the powers of a common council, shall assemble at such times as the
   35  legislature making an apportionment shall  prescribe,  and  divide  such
   36  counties  into  assembly districts as nearly equal in number of inhabit-
   37  ants, excluding aliens, as may be, of convenient and contiguous territo-
   38  ry in as compact form as practicable, each  of  which  shall  be  wholly
   39  within  a  senate district formed under the same apportionment, equal to
   40  the number of members of assembly to which such county  shall  be  enti-
   41  tled,  and  shall  cause  to  be filed in the office of the secretary of
   42  state and of the clerk of such county, a description of such  districts,
   43  specifying  the  number of each district and of the inhabitants thereof,
   44  excluding aliens, according to the census or  enumeration  used  as  the
   45  population  basis  for  the formation of such districts; and such appor-
   46  tionment and districts shall remain unaltered until after the next reap-
   47  portionment of members of assembly, except that the board of supervisors
   48  of any county containing a town having more than a ratio  of  apportion-
   49  ment  and  one-half  over  may  alter the assembly districts in a senate
   50  district containing such town at any time  on  or  before  March  first,
   51  nineteen  hundred  forty-six.  In  counties  having more than one senate
   52  district, the same number of assembly districts shall  be  put  in  each
   53  senate  district, unless the assembly districts cannot be evenly divided
   54  among the senate districts of any county, in which case one more  assem-
   55  bly  district  shall be put in the senate district in such county having
   56  the largest, or one less assembly district shall be put  in  the  senate
       S. 2107                             6

    1  district  in  such  county  having  the  smallest number of inhabitants,
    2  excluding aliens, as the case may  require.  [No  town,  except  a  town
    3  having  more  than  a  ratio  of apportionment and one-half over, and no
    4  block  in a city inclosed by streets or public ways, shall be divided in
    5  the formation of assembly districts, nor shall any districts  contain  a
    6  greater  excess  in  population  over  an adjoining district in the same
    7  senate district, than the population of a town or block therein  adjoin-
    8  ing  such  assembly district. Towns or blocks which, from their location
    9  may be included in either of two districts, shall be  so  placed  as  to
   10  make  said districts most nearly equal in number of inhabitants, exclud-
   11  ing aliens.] Nothing in this section shall prevent the division, at  any
   12  time,  of counties and towns and the erection of new towns by the legis-
   13  lature.
   14    An apportionment by the legislature, or other body, shall  be  subject
   15  to  review  by the supreme court, at the suit of any citizen, under such
   16  reasonable regulations as the legislature may prescribe; and  any  court
   17  before  which  a  cause may be pending involving an apportionment, shall
   18  give precedence thereto over all other causes and  proceedings,  and  if
   19  said  court be not in session it shall convene promptly for the disposi-
   20  tion of the same.  THE COURT SHALL RENDER ITS DECISION WITHIN SIXTY DAYS
   21  AFTER A PETITION IS FILED. IN ANY JUDICIAL PROCEEDING RELATING TO REDIS-
   22  TRICTING OF CONGRESSIONAL OR STATE LEGISLATIVE DISTRICTS, ANY LAW ESTAB-
   23  LISHING CONGRESSIONAL OR STATE LEGISLATIVE DISTRICTS  FOUND  TO  VIOLATE
   24  THE  PROVISIONS OF THIS ARTICLE SHALL BE INVALID IN WHOLE OR IN PART. IN
   25  THE EVENT THAT A COURT FINDS SUCH A  VIOLATION,  THE  LEGISLATURE  SHALL
   26  HAVE  A  FULL  AND  REASONABLE  OPPORTUNITY  TO  CORRECT THE LAW'S LEGAL
   27  INFIRMITIES.
   28    S 5-B. (A) ON OR BEFORE FEBRUARY FIRST OF EACH YEAR ENDING WITH A ZERO
   29  AND AT ANY OTHER TIME A COURT ORDERS THAT CONGRESSIONAL OR STATE  LEGIS-
   30  LATIVE  DISTRICTS  BE  AMENDED,  AN INDEPENDENT REDISTRICTING COMMISSION
   31  SHALL BE ESTABLISHED TO DETERMINE THE DISTRICT LINES  FOR  CONGRESSIONAL
   32  AND  STATE LEGISLATIVE OFFICES. THE INDEPENDENT REDISTRICTING COMMISSION
   33  SHALL BE COMPOSED OF TEN MEMBERS, APPOINTED AS FOLLOWS:
   34    (1) TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
   35  SENATE;
   36    (2) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   37    (3)  TWO  MEMBERS  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
   38  SENATE;
   39    (4) TWO MEMBERS SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
   40  ASSEMBLY;
   41    (5)  TWO  MEMBERS  SHALL  BE  APPOINTED BY THE EIGHT MEMBERS APPOINTED
   42  PURSUANT TO PARAGRAPHS (1) THROUGH (4) OF THIS SUBDIVISION BY A VOTE  OF
   43  NOT  LESS  THAN FIVE MEMBERS IN FAVOR OF SUCH APPOINTMENT, AND THESE TWO
   44  MEMBERS SHALL NOT HAVE BEEN ENROLLED IN  THE  PRECEDING  FIVE  YEARS  IN
   45  EITHER  OF  THE TWO POLITICAL PARTIES THAT CONTAIN THE LARGEST OR SECOND
   46  LARGEST NUMBER OF ENROLLED VOTERS WITHIN THE STATE;
   47    (6) ONE MEMBER SHALL BE DESIGNATED CHAIR OF THE COMMISSION BY A MAJOR-
   48  ITY OF THE MEMBERS APPOINTED PURSUANT TO PARAGRAPHS (1) THROUGH  (5)  OF
   49  THIS SUBDIVISION TO CONVENE AND PRESIDE OVER EACH MEETING OF THE COMMIS-
   50  SION.
   51    (B)  THE  MEMBERS OF THE INDEPENDENT REDISTRICTING COMMISSION SHALL BE
   52  REGISTERED VOTERS IN THIS STATE. NO MEMBER SHALL WITHIN THE  LAST  THREE
   53  YEARS:
   54    (1)  BE  OR  HAVE  BEEN  A MEMBER OF THE NEW YORK STATE LEGISLATURE OR
   55  UNITED STATES CONGRESS OR A STATEWIDE ELECTED OFFICIAL;
       S. 2107                             7

    1    (2) BE OR HAVE BEEN A STATE OFFICER OR EMPLOYEE OR LEGISLATIVE EMPLOY-
    2  EE AS DEFINED IN SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW;
    3    (3) BE OR HAVE BEEN A REGISTERED LOBBYIST IN NEW YORK STATE;
    4    (4)  BE  OR  HAVE BEEN A POLITICAL PARTY CHAIRMAN, AS DEFINED IN PARA-
    5  GRAPH (K) OF SUBDIVISION ONE OF  SECTION  SEVENTY-THREE  OF  THE  PUBLIC
    6  OFFICERS LAW;
    7    (5)  BE THE SPOUSE OF A STATEWIDE ELECTED OFFICIAL OR OF ANY MEMBER OF
    8  THE UNITED STATES CONGRESS, OR OF THE STATE LEGISLATURE.
    9    (C) TO THE EXTENT PRACTICABLE, THE MEMBERS OF THE  INDEPENDENT  REDIS-
   10  TRICTING COMMISSION SHALL REFLECT THE DIVERSITY OF THE RESIDENTS OF THIS
   11  STATE  WITH  REGARD TO RACE, ETHNICITY, GENDER, LANGUAGE, AND GEOGRAPHIC
   12  RESIDENCE AND TO THE EXTENT PRACTICABLE THE APPOINTING AUTHORITIES SHALL
   13  CONSULT WITH ORGANIZATIONS DEVOTED TO PROTECTING THE  VOTING  RIGHTS  OF
   14  MINORITY AND OTHER VOTERS CONCERNING POTENTIAL APPOINTEES TO THE COMMIS-
   15  SION.
   16    (D)  VACANCIES  IN  THE  MEMBERSHIP  OF THE COMMISSION SHALL BE FILLED
   17  WITHIN THIRTY DAYS IN THE MANNER PROVIDED FOR IN THE  ORIGINAL  APPOINT-
   18  MENTS.
   19    (E)  THE  LEGISLATURE SHALL PROVIDE BY LAW FOR THE COMPENSATION OF THE
   20  MEMBERS OF THE INDEPENDENT REDISTRICTING COMMISSION,  INCLUDING  COMPEN-
   21  SATION  FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF
   22  THEIR DUTIES.
   23    (F) A MINIMUM OF FIVE MEMBERS OF THE INDEPENDENT REDISTRICTING COMMIS-
   24  SION SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF  ANY  BUSINESS  OR
   25  THE EXERCISE OF ANY POWER OF SUCH COMMISSION PRIOR TO THE APPOINTMENT OF
   26  THE TWO COMMISSION MEMBERS APPOINTED PURSUANT TO PARAGRAPH (5) OF SUBDI-
   27  VISION (A) OF THIS SECTION, AND A MINIMUM OF SEVEN MEMBERS SHALL CONSTI-
   28  TUTE A QUORUM AFTER SUCH MEMBERS HAVE BEEN APPOINTED, AND NO EXERCISE OF
   29  ANY  POWER OF THE INDEPENDENT REDISTRICTING COMMISSION SHALL OCCUR WITH-
   30  OUT THE AFFIRMATIVE VOTE OF AT LEAST A MAJORITY OF THE MEMBERS, PROVIDED
   31  THAT, IN ORDER TO APPROVE ANY REDISTRICTING PLAN AND IMPLEMENTING LEGIS-
   32  LATION, THE FOLLOWING RULES SHALL APPLY:
   33    (1) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY  AND  THE  TEMPORARY
   34  PRESIDENT  OF  THE  SENATE  ARE  MEMBERS  OF  THE  SAME POLITICAL PARTY,
   35  APPROVAL OF A REDISTRICTING PLAN AND  IMPLEMENTING  LEGISLATION  BY  THE
   36  COMMISSION  FOR  SUBMISSION TO THE LEGISLATURE SHALL REQUIRE THE VOTE IN
   37  SUPPORT OF ITS APPROVAL BY AT LEAST SEVEN MEMBERS INCLUDING AT LEAST ONE
   38  MEMBER APPOINTED BY EACH OF THE LEGISLATIVE LEADERS.
   39    (2) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY  AND  THE  TEMPORARY
   40  PRESIDENT  OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL PARTIES,
   41  APPROVAL OF A REDISTRICTING PLAN BY THE COMMISSION FOR SUBMISSION TO THE
   42  LEGISLATURE SHALL REQUIRE THE VOTE IN SUPPORT  OF  ITS  APPROVAL  BY  AT
   43  LEAST  SEVEN  MEMBERS  INCLUDING  AT  LEAST  ONE MEMBER APPOINTED BY THE
   44  SPEAKER OF THE ASSEMBLY AND ONE MEMBER APPOINTED BY THE TEMPORARY PRESI-
   45  DENT OF THE SENATE.
   46    (G) IN THE EVENT THAT THE COMMISSION IS UNABLE TO OBTAIN  SEVEN  VOTES
   47  TO  APPROVE  A REDISTRICTING PLAN ON OR BEFORE JANUARY FIRST IN THE YEAR
   48  ENDING IN TWO OR AS SOON AS PRACTICABLE THEREAFTER, THE COMMISSION SHALL
   49  SUBMIT TO THE  LEGISLATURE  THAT  REDISTRICTING  PLAN  AND  IMPLEMENTING
   50  LEGISLATION  THAT GARNERED THE HIGHEST NUMBER OF VOTES IN SUPPORT OF ITS
   51  APPROVAL BY THE COMMISSION WITH A RECORD OF THE VOTES  TAKEN.    IN  THE
   52  EVENT  THAT  MORE  THAN  ONE  PLAN RECEIVED THE SAME NUMBER OF VOTES FOR
   53  APPROVAL, AND SUCH NUMBER WAS HIGHER THAN THAT FOR ANY OTHER PLAN,  THEN
   54  THE  COMMISSION  SHALL  SUBMIT  ALL  PLANS  THAT OBTAINED SUCH NUMBER OF
   55  VOTES.  THE LEGISLATURE SHALL CONSIDER AND VOTE UPON  SUCH  IMPLEMENTING
       S. 2107                             8

    1  LEGISLATION IN ACCORDANCE WITH THE VOTING RULES SET FORTH IN SUBDIVISION
    2  (B) OF SECTION FOUR OF THIS ARTICLE.
    3    (H)  (1)  THE  INDEPENDENT  REDISTRICTING COMMISSION SHALL APPOINT TWO
    4  CO-EXECUTIVE DIRECTORS BY A MAJORITY VOTE OF THE COMMISSION  IN  ACCORD-
    5  ANCE WITH THE FOLLOWING PROCEDURE:
    6    (I)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
    7  PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL  PARTIES,
    8  THE  CO-EXECUTIVE  DIRECTORS  SHALL  BE  APPROVED  BY  A MAJORITY OF THE
    9  COMMISSION THAT INCLUDES AT LEAST ONE APPOINTEE BY THE  SPEAKER  OF  THE
   10  ASSEMBLY  AND  AT  LEAST ONE APPOINTEE BY THE TEMPORARY PRESIDENT OF THE
   11  SENATE.
   12    (II) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY AND  THE  TEMPORARY
   13  PRESIDENT  OF  THE  SENATE  ARE MEMBERS OF THE SAME POLITICAL PARTY, THE
   14  CO-EXECUTIVE DIRECTORS SHALL BE APPROVED BY A MAJORITY OF THE COMMISSION
   15  THAT INCLUDES AT LEAST ONE APPOINTEE BY EACH OF THE LEGISLATIVE LEADERS.
   16    (2) ONE OF THE CO-EXECUTIVE DIRECTORS SHALL BE ENROLLED IN  THE  POLI-
   17  TICAL PARTY WITH THE HIGHEST NUMBER OF ENROLLED MEMBERS IN THE STATE AND
   18  ONE  SHALL  BE  ENROLLED  IN THE POLITICAL PARTY WITH THE SECOND HIGHEST
   19  NUMBER OF ENROLLED MEMBERS IN  THE  STATE.  THE  CO-EXECUTIVE  DIRECTORS
   20  SHALL  APPOINT  SUCH  STAFF AS ARE NECESSARY TO PERFORM THE COMMISSION'S
   21  DUTIES, EXCEPT THAT THE COMMISSION SHALL REVIEW A STAFFING PLAN PREPARED
   22  AND PROVIDED BY THE CO-EXECUTIVE DIRECTORS WHICH SHALL CONTAIN A LIST OF
   23  THE VARIOUS POSITIONS AND THE DUTIES, QUALIFICATIONS, AND SALARIES ASSO-
   24  CIATED WITH EACH POSITION.
   25    (3) IN THE EVENT THAT THE COMMISSION IS UNABLE TO APPOINT ONE OR  BOTH
   26  OF  THE  CO-EXECUTIVE DIRECTORS WITHIN FORTY-FIVE DAYS OF THE ESTABLISH-
   27  MENT OF A QUORUM OF SEVEN COMMISSIONERS, THE FOLLOWING  PROCEDURE  SHALL
   28  BE FOLLOWED:
   29    (I)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
   30  PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL  PARTIES,
   31  WITHIN TEN DAYS THE SPEAKER'S APPOINTEES ON THE COMMISSION SHALL APPOINT
   32  ONE  CO-EXECUTIVE  DIRECTOR, AND THE TEMPORARY PRESIDENT'S APPOINTEES ON
   33  THE COMMISSION SHALL APPOINT THE OTHER CO-EXECUTIVE DIRECTOR. ALSO WITH-
   34  IN TEN DAYS THE MINORITY LEADER OF THE ASSEMBLY SHALL SELECT A CO-DEPUTY
   35  EXECUTIVE DIRECTOR, AND THE MINORITY LEADER OF THE SENATE  SHALL  SELECT
   36  THE OTHER CO-DEPUTY EXECUTIVE DIRECTOR.
   37    (II)  IN  THE EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
   38  PRESIDENT OF THE SENATE ARE MEMBERS OF THE SAME POLITICAL PARTY,  WITHIN
   39  TEN  DAYS  THE  SPEAKER'S  AND  TEMPORARY  PRESIDENT'S APPOINTEES ON THE
   40  COMMISSION SHALL TOGETHER APPOINT ONE CO-EXECUTIVE DIRECTOR, AND THE TWO
   41  MINORITY LEADERS' APPOINTEES ON THE COMMISSION  SHALL  TOGETHER  APPOINT
   42  THE OTHER CO-EXECUTIVE DIRECTOR.
   43    (4)  IN THE EVENT OF A VACANCY IN THE OFFICES OF CO-EXECUTIVE DIRECTOR
   44  OR CO-DEPUTY EXECUTIVE DIRECTOR, THE POSITION SHALL BE FILLED WITHIN TEN
   45  DAYS OF ITS OCCURRENCE BY THE SAME APPOINTING AUTHORITY  OR  AUTHORITIES
   46  THAT APPOINTED HIS OR HER PREDECESSOR.
   47    (I)  THE  STATE  BUDGET SHALL INCLUDE NECESSARY APPROPRIATIONS FOR THE
   48  EXPENSES  OF  THE  INDEPENDENT  REDISTRICTING  COMMISSION,  PROVIDE  FOR
   49  COMPENSATION  AND REIMBURSEMENT OF EXPENSES FOR THE MEMBERS AND STAFF OF
   50  THE COMMISSION, ASSIGN TO THE COMMISSION ANY ADDITIONAL DUTIES THAT  THE
   51  LEGISLATURE  MAY  DEEM NECESSARY TO THE PERFORMANCE OF THE DUTIES STIPU-
   52  LATED IN THIS ARTICLE, AND REQUIRE OTHER AGENCIES AND OFFICIALS  OF  THE
   53  STATE  OF NEW YORK AND ITS POLITICAL SUBDIVISIONS TO PROVIDE SUCH INFOR-
   54  MATION AND ASSISTANCE AS THE  COMMISSION  MAY  REQUIRE  TO  PERFORM  ITS
   55  DUTIES.
       S. 2107                             9

    1    S  2.  Resolved (if the Assembly concur), That the foregoing amendment
    2  be submitted to the people for approval at the general  election  to  be
    3  held  in the year 2014 in accordance with the provisions of the election
    4  law.
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