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A00262 Summary:

BILL NOA00262
 
SAME ASNo Same As
 
SPONSORCahill
 
COSPNSR
 
MLTSPNSR
 
Amd §§5-a & 12, rpld §83-m, add Art 6-B §§95 - 99-B, Leg L
 
Establishes an apportionment commission to create apportionment plans for congressional and state legislative districts based on decennial federal census, which shall be considered by and voted upon by the state legislature; eliminates the legislative task force on demographic research and reapportionment.
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A00262 Actions:

BILL NOA00262
 
01/09/2019referred to governmental operations
01/08/2020referred to governmental operations
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A00262 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           262
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced by M. of A. CAHILL -- 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 Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 5-a of  the  legislative  law,  as
     2  added  by  chapter  630  of  the  laws of 1998, the opening paragraph as
     3  amended by section 1 of part GGG of chapter 59 of the laws of  2018,  is
     4  amended to read as follows:
     5    3. Any member of the assembly serving in a special capacity in a posi-
     6  tion set forth in the following schedule shall be paid the allowance set
     7  forth  in such schedule only for the legislative term commencing January
     8  first, two thousand nineteen and terminating December thirty-first,  two
     9  thousand twenty:
 
    10                   ASSEMBLYMEN SERVING IN SPECIAL CAPACITY

    11  Chairman of legislative commission on public management
    12   systems ........................................................ 12,500
    13  Chairman of legislative commission on science and
    14   technology ..................................................... 12,500
    15  Co-chairman of the legislative commission on water
    16   resource needs of New York state and Long Island ......... no allowance
    17  [Co-chairman of the legislative task force on
    18   demographic research and reapportionment ...................... 15,000]
    19  Chairman of the assembly task force on farm,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00059-01-9

        A. 262                              2

     1   food and nutrition ............................................. 12,500
     2  Ranking minority member of the assembly task force
     3   on farm, food and nutrition ..................................... 9,000
     4  Chairman of the legislative commission on skills
     5   development and career education ............................... 12,500
     6  Vice-Chairman of the legislative commission on the
     7   development of rural resources ................................. 12,500
     8    §  2.  Subdivision 5 of section 12 of the legislative law, as added by
     9  chapter 141 of the laws of 1994, is amended to read as follows:
    10    5. Notwithstanding any provision of law to the contrary, services  and
    11  expenses  of the legislative health service, legislative library, legis-
    12  lative messenger service, legislative  ethics  committee,  [joint  oper-
    13  ations  of  the legislative task force on demographic research and reap-
    14  portionment] apportionment commission, and contributions to the national
    15  conference of state legislatures shall be payable after audit by and  on
    16  the  warrant of the comptroller upon vouchers certified by the temporary
    17  president of the senate or his or her designee and the  speaker  of  the
    18  assembly or his or her designee.
    19    § 3. Section 83-m of the legislative law is REPEALED.
    20    §  4.  The  legislative  law is amended by adding a new article 6-B to
    21  read as follows:
    22                                  ARTICLE 6-B
    23                       APPORTIONMENT OF CONGRESSIONAL
    24                       AND STATE LEGISLATIVE DISTRICTS
    25  Section 95.   Legislative intent.
    26          96.   Apportionment nominations committee.
    27          97.   Powers and duties of committee.
    28          98.   Apportionment commission.
    29          99.   Powers and duties of commission.
    30          99-A. Apportionment.
    31          99-B. Application of article.
    32    § 95. Legislative intent. The legislature hereby  finds  and  declares
    33  that:
    34    1.  there  is  a  need  for intensive and thorough study, research and
    35  inquiry into the techniques and methodology to be used by the bureau  of
    36  the  census of the United States commerce department in carrying out the
    37  decennial federal census;
    38    2. a technical plan will be needed  to  meet  the  requirements  of  a
    39  legislative  timetable  for a reapportionment of the senate and assembly
    40  districts and the congressional districts of the  state  based  on  such
    41  census; and
    42    3. the apportionment commission is necessary to assist the legislature
    43  in  the performance of its responsibilities and in the conduct of legis-
    44  lative research projects relating thereto.
    45    § 96. Apportionment nominations committee. 1. On or before  the  first
    46  of December of each year ending with a nine or as soon as possible after
    47  the effective date of this article, there shall be established an appor-
    48  tionment  nominations  committee  to  select  those persons who shall be
    49  eligible to be appointed as  members  of  the  apportionment  commission
    50  created  in  section  ninety-eight  of this article. Each such committee
    51  shall remain in existence until its duties pursuant to  section  ninety-
    52  seven of this article have been completed.
    53    2.  The apportionment nominations committee shall be composed of eight
    54  members, appointed as follows:
    55    (a) two members shall be appointed by the temporary president  of  the
    56  senate;

        A. 262                              3
 
     1    (b) two members shall be appointed by the speaker of the assembly;
     2    (c)  two  members  shall  be  appointed  by the minority leader of the
     3  senate; and
     4    (d) two members shall be appointed  by  the  minority  leader  of  the
     5  assembly.
     6    3.   The  apportionment  nominations  committee  shall  designate  two
     7  co-chairs from among its members  by  a  simple  majority  vote  of  all
     8  members.
     9    4.  The  members  of  the apportionment nominations committee shall be
    10  registered voters in this state. No member of such committee shall:
    11    (a) hold or have held within the previous two years an elected govern-
    12  mental office;
    13    (b) hold or  have  held  within  the  previous  two  years  any  other
    14  appointed governmental or political party position;
    15    (c) be employed or have been employed within the previous two years in
    16  any other position by the United States Congress, the state legislature,
    17  the  executive  chamber,  the  unified court system or the federal court
    18  system;
    19    (d) be or have been within the previous two years a registered  lobby-
    20  ist in this state pursuant to article one-A of this chapter;
    21    (e)  be  the  spouse  of any member of the United States Congress, the
    22  state legislature, the executive chamber, the unified  court  system  or
    23  the federal court system; or
    24    (f)  be related within the third degree of consanguinity to any member
    25  of the United States Congress,  the  state  legislature,  the  executive
    26  chamber, the unified court system or the federal court system, or to the
    27  spouse of any such person.
    28    5.  The  members  of  the  apportionment  nominations  committee shall
    29  receive no compensation for their services, but shall be  allowed  their
    30  actual  and  necessary  expenses  incurred  in  the performance of their
    31  duties.
    32    6. The members of the apportionment  nominations  committee  shall  be
    33  appointed and serve for the duration of such committee. All vacancies in
    34  the  membership of such committee shall be filled in the manner provided
    35  for original appointments.
    36    § 97. Powers and duties of committee. 1. The apportionment nominations
    37  committee shall have the power and duty to, on or before  the  first  of
    38  March  in  each year ending with a zero or as soon as possible after the
    39  effective date of this article, establish a list of  forty  persons  who
    40  shall  be  eligible  to  be  appointed  as  members of the apportionment
    41  commission. Such list shall hereinafter be referred to in  this  article
    42  as the "nominations pool".
    43    2.  The  members  of  the apportionment nominations committee shall by
    44  majority vote select each person to be included in the nominations pool.
    45  Upon completion of such pool, such committee shall submit a copy of  the
    46  nominations  pool  to the temporary president of the senate, the speaker
    47  of the assembly, the minority leader of  the  senate  and  the  minority
    48  leader of the assembly.
    49    3. The nominations pool shall include:
    50    (a) fifteen persons who are enrolled as Democrats;
    51    (b) fifteen persons who are enrolled as Republicans; and
    52    (c)  ten  persons who are not enrolled as either Democrats or Republi-
    53  cans.
    54    4. Persons selected to the nominations pool shall be registered voters
    55  in this state. No such person shall:

        A. 262                              4
 
     1    (a) hold or have held within the previous two years an elected govern-
     2  mental office;
     3    (b)  hold  or  have  held  within  the  previous  two  years any other
     4  appointed governmental or political party position;
     5    (c) be a member of the apportionment nominations committee created  in
     6  section ninety-six of this article;
     7    (d) be employed or have been employed within the previous two years in
     8  any other position by the United States Congress, the state legislature,
     9  the  executive  chamber,  the  unified court system or the federal court
    10  system;
    11    (e) be or have been within the previous two years a registered  lobby-
    12  ist in this state pursuant to article one-A of this chapter;
    13    (f)  be  the  spouse  of any member of the United States Congress, the
    14  state legislature, the executive chamber, the unified  court  system  or
    15  the federal court system; or
    16    (g)  be related within the third degree of consanguinity to any member
    17  of the United States Congress,  the  state  legislature,  the  executive
    18  chamber, the unified court system or the federal court system, or to the
    19  spouse of any such person.
    20    5.  (a) The nominations pool shall include at least three persons from
    21  each of the following regions of the state, with  the  remainder  to  be
    22  nominated  from  such  regions  in proportion to the distribution of the
    23  state's population in each region:
    24    (i) Long Island;
    25    (ii) New York city;
    26    (iii) Hudson Valley;
    27    (iv) Northern;
    28    (v) Central;
    29    (vi) Southern tier; and
    30    (vii) Western.
    31    (b) For the purposes of this subdivision, the following regions  shall
    32  be composed of the following counties;
    33    (i) Long Island: the counties of Nassau and Suffolk;
    34    (ii) New York city: the counties of Bronx, Kings, New York, Queens and
    35  Richmond;
    36    (iii)  Hudson  Valley:  the counties of Westchester, Rockland, Putnam,
    37  Orange, Dutchess, Ulster, Columbia, Greene, Rensselaer, Albany and Sche-
    38  nectady;
    39    (iv) Northern: the counties of Saratoga,  Washington,  Warren,  Essex,
    40  Clinton,  Franklin,  St. Lawrence, Hamilton, Fulton, Herkimer, Lewis and
    41  Jefferson;
    42    (v) Central: the counties of Schoharie, Montgomery, Otsego,  Chenango,
    43  Madison, Oneida, Oswego, Cortland, Onondaga and Cayuga;
    44    (vi) Southern tier: the counties of Sullivan, Delaware, Broome, Tioga,
    45  Tompkins, Schuyler, Steuben, Allegany, Cattaraugus and Chautauqua; and
    46    (vii)  Western: the counties of Seneca, Yates, Ontario, Wayne, Monroe,
    47  Livingston, Wyoming, Genesee, Orleans, Niagara and Erie.
    48    6. To the extent practicable, the apportionment nominations  committee
    49  shall  ensure  that  the  nominations pool reflects the diversity of the
    50  residents of the state with regard to race, ethnicity and gender.
    51    § 98. Apportionment commission. 1. There shall be  created  an  appor-
    52  tionment  commission to assist the legislature in the reapportionment of
    53  congressional, senate and assembly districts based on the ensuing feder-
    54  al census, pursuant to section two of article one of the  United  States
    55  Constitution  and  sections  four and five of article three of the state
    56  constitution.

        A. 262                              5
 
     1    2. The apportionment commission shall be composed of  eleven  members,
     2  appointed from the nominations pool as follows:
     3    (a)  two  members shall be appointed by the temporary president of the
     4  senate;
     5    (b) two members shall be appointed by the speaker of the assembly;
     6    (c) two members shall be appointed  by  the  minority  leader  of  the
     7  senate;
     8    (d)  two  members  shall  be  appointed  by the minority leader of the
     9  assembly; and
    10    (e) three members shall be appointed, on or before the  thirtieth  day
    11  after  a  vacancy  in  any  such  position  occurs, by the eight members
    12  appointed pursuant to paragraphs (a) through (d) of this subdivision  by
    13  a  vote  of not less than six members in favor of each such appointment,
    14  and each vacancy in any position filled pursuant to this paragraph shall
    15  be deemed to create vacancies in all three positions held by the members
    16  so appointed; provided that any such member may be reappointed  pursuant
    17  to  this paragraph. In the event that three members are not appointed on
    18  or before the thirtieth day after a vacancy in any such position  occurs
    19  if:
    20    (i) two persons are appointed with the required six votes and no other
    21  person  receives  six votes, the third such member shall be appointed by
    22  the chief judge of the court of appeals within thirty days thereafter;
    23    (ii) one person is appointed with the required six votes  and  no  two
    24  other  persons  receive  six  votes,  the two persons receiving the most
    25  votes shall be appointed as members; and
    26    (iii) no three persons receive six votes, the  two  persons  receiving
    27  the  most votes shall be appointed as members and the third member shall
    28  be appointed by the chief judge of the court of appeals.
    29    (f) The chair shall  be  designated,  from  among  the  three  members
    30  appointed  pursuant  to  paragraph  (e) of this subdivision, by a simple
    31  majority vote of all members of the commission;  provided  that  if  the
    32  commission  fails to designate a chair, the chair shall be designated by
    33  the chief judge of the court of appeals.
    34    3. (a) No more than four members of the apportionment commission shall
    35  be enrolled in the same political party.
    36    (b) To the  extent  practicable,  the  members  of  the  apportionment
    37  commission  shall  reflect  the diversity of the residents of this state
    38  with regard to race, ethnicity, gender and geographic residence.
    39    4. The terms of the members  of  the  apportionment  commission  shall
    40  expire  upon the filing of all apportionment plans, pursuant to subdivi-
    41  sion four, five and/or six of section ninety-nine-A of this article, the
    42  exhaustion of any judicial review of an apportionment  plan  and  appor-
    43  tionment  statute,  and  the implementation of an apportionment statute.
    44  Vacancies in the membership of the commission shall  be  filled  in  the
    45  manner provided for original appointments.
    46    5. The members of the apportionment commission and all employees ther-
    47  eof shall be deemed to be legislative employees.
    48    6.  The  members  of  the  apportionment  commission  shall receive no
    49  compensation for their services, but shall be allowed their  actual  and
    50  necessary  expenses incurred in the performance of their duties pursuant
    51  to this article.
    52    7. A minimum of eight members of the  apportionment  commission  shall
    53  constitute  a quorum for the transaction of any business or the exercise
    54  of any power of such commission, provided that no exercise of any  power
    55  of the apportionment commission shall occur without the affirmative vote
    56  of seven members thereof.

        A. 262                              6
 
     1    §  99.  Powers  and duties of commission. The apportionment commission
     2  shall have the power and duty to:
     3    1.  Employ and at pleasure remove such personnel as it may deem neces-
     4  sary for the performance of its functions  and  fix  their  compensation
     5  within the amounts made available therefor;
     6    2.  Meet  within  and without the state, hold public hearings and have
     7  all the powers of a legislative committee pursuant to this chapter;
     8    3. Request, receive and utilize such facilities,  resources  and  data
     9  (including,  but  not  limited  to,  historical  voting  information and
    10  patterns) of any department,  division,  board,  bureau,  commission  or
    11  agency  of  the  state  or  any  political subdivision thereof as it may
    12  reasonably request to properly carry out its powers and duties  pursuant
    13  to this article;
    14    4. Acquire and utilize all materials and equipment necessary to estab-
    15  lish apportionment plans pursuant to section ninety-nine-A of this arti-
    16  cle;
    17    5.  Prepare the necessary descriptions for the geographic units of the
    18  state for use by the federal Census Bureau in reporting decennial feder-
    19  al census data;
    20    6. Engage in such research studies and other activities  as  necessary
    21  or  appropriate  in the preparation and formulation of a reapportionment
    22  plan for  the  next  ensuing  reapportionment  of  senate  and  assembly
    23  districts  and  congressional districts of the state and in the utiliza-
    24  tion of census and other demographic and  statistical  data  for  policy
    25  analysis,  program  development  and program evaluation purposes for the
    26  legislature;
    27    7. Sell surveys, data, copies of tabulations and other special statis-
    28  tical compilations and materials  to  departments,  agencies  and  other
    29  entities  of  federal,  state or local government, of foreign countries,
    30  and to public benefit corporations, or other public, not-for-profit  and
    31  private  persons  and agencies, upon payment of fees at least sufficient
    32  to pay the actual or estimated cost of such projects. In furtherance  of
    33  such  sale,  the apportionment commission may execute contracts for such
    34  purpose;
    35    8. Prepare maps of  cities,  towns  and  counties  of  the  state  for
    36  describing  congressional,  senate  and  assembly districts, and prepare
    37  apportionment plans and legislation; and
    38    9. Make available to the public in print form and in  electronic  form
    39  on  the internet, using the best available technology, all apportionment
    40  plans, relevant data and mapmaking software used to prepare such  plans,
    41  information on the members of the apportionment commission and all other
    42  relevant information derived from the operation of this article.
    43    §  99-A.  Apportionment.  1.  The apportionment commission shall, upon
    44  receipt of the federal decennial census for the state, begin  to  estab-
    45  lish  a plan for the apportionment of congressional, senate and assembly
    46  districts in the state.
    47    2. The following requirements  and  principles  shall  be  applied  in
    48  establishing a plan for such districts:
    49    (a) all congressional districts shall be as nearly equal in population
    50  as is practicable.
    51    (b)  each  district shall consist of contiguous territory; no district
    52  shall consist of parts entirely separated by the  territory  of  another
    53  district  of  the  same  body,  whether such territory be land or water,
    54  populated or unpopulated. A populated census block shall not be  divided
    55  by  a  district boundary, unless it can be determined that the populated
    56  part of such block is within a single district.

        A. 262                              7

     1    (c) senate, assembly, or congressional districts shall not  be  estab-
     2  lished  that  are  intended  to  or result in a denial or abridgement of
     3  minority voting rights including the opportunity of minority  voters  to
     4  participate  in  the  political  process, and to elect the candidates of
     5  their choice.
     6    (d)  senate,  assembly,  or congressional districts shall not be drawn
     7  with an intent to favor or oppose any  political  party,  any  incumbent
     8  federal  or  state legislator, or any previous or presumed candidate for
     9  office.
    10    (e) subject to the requirements of paragraphs (a), (b), (c) and (d) of
    11  this subdivision, the following principles  shall  be  followed  in  the
    12  creation  of senate, assembly, and congressional districts to the extent
    13  practicable. A principle with a lower number shall have precedence  over
    14  a principle with a higher number.
    15    (i)  The  most and least populous senate districts shall not exceed or
    16  be lower than the mean population of all senate districts by  more  than
    17  one  percent,  and  the most and least populous assembly districts shall
    18  not exceed or  be  lower  than  the  mean  population  of  all  assembly
    19  districts  by  more  than  one percent. In no event shall the commission
    20  advantage any region of the state over any other  by  creating  multiple
    21  districts  therein exceeding, or lower than, the mean population by more
    22  than one percent.
    23    (ii) Counties shall not be divided  in  the  formation  of  districts,
    24  except  to  create districts wholly within a county. Where such division
    25  of counties is unavoidable, more populous counties shall be  divided  in
    26  preference to the division of less populous counties.
    27    (iii)  County  subdivisions  shall  not be divided in the formation of
    28  districts, except to create districts wholly within  a  county  subdivi-
    29  sion.  For the purposes of this article, a county subdivision shall be a
    30  city, except the city of New York, a  town,  or  an  Indian  reservation
    31  whose territory is exclusive of the territory of any city or town. Coun-
    32  ty  subdivisions  with larger populations shall be divided in preference
    33  to the division of those with smaller populations.
    34    (iv) Incorporated villages shall not be divided in  the  formation  of
    35  districts.
    36    (v)  The  senate,  assembly,  and  congressional districts shall be as
    37  compact in form as possible.
    38    (vi) A senate, assembly, or congressional district shall unite  commu-
    39  nities defined by actual shared interests, taking account of geographic,
    40  social,  economic, and other factors that indicate commonality of inter-
    41  est, and districts shall be formed so as  to  promote  the  orderly  and
    42  efficient administration of elections.
    43    3. During the preparation of the apportionment plan, the apportionment
    44  commission  shall  conduct not less than one public hearing on proposals
    45  for the apportionment of congressional and state  legislative  districts
    46  in  each of the following (a) cities: Albany, Buffalo, Syracuse, Roches-
    47  ter, Glen Cove, and White Plains; and (b) counties:  Bronx,  Kings,  New
    48  York,  Queens  and Richmond. Public notice of all such hearings shall be
    49  widely published by the apportionment commission in advance through  all
    50  available  means.  To  the extent practicable, all such hearings and the
    51  proceedings of the apportionment  commission  shall  be  televised.  The
    52  apportionment  commission shall report the findings of all such hearings
    53  to the legislature upon submission of the apportionment plan pursuant to
    54  paragraph (a) of subdivision four of this section.
    55    4. (a) On or before the fifteenth of May in each year  ending  with  a
    56  one  or  within sixty days of receiving the federal decennial census for

        A. 262                              8
 
     1  the state, whichever is later, the apportionment commission shall submit
     2  to the legislature and disseminate to the public an  apportionment  plan
     3  for  all  congressional  and state legislative districts, along with the
     4  legislation necessary to implement such plan. Upon receipt of such plan,
     5  the implementing legislation therefor shall be introduced in both houses
     6  of the legislature without any amendments within five days.
     7    (b)  On or before the first of June following the dissemination of the
     8  apportionment plan to the public,  the  apportionment  commission  shall
     9  conduct  not  less than one public hearing on such apportionment plan in
    10  each of the cities and counties delineated in paragraphs (a) and (b)  of
    11  subdivision  three of this section, and shall report the findings of all
    12  such hearings to the legislature.
    13    (c) The legislation introduced  pursuant  to  paragraph  (a)  of  this
    14  subdivision  shall be voted upon, without amendment, by both such houses
    15  of the legislature within seven days after the apportionment  commission
    16  reports  the  findings  of  its  public  hearing  to the legislature. If
    17  approved, the legislature shall forward such legislation to the governor
    18  within five days.
    19    5. If (a) either house shall fail to approve the legislation submitted
    20  pursuant to subdivision four of this section within twenty-one  days  of
    21  its  submission, or (b) the governor shall veto such legislation and the
    22  legislature shall fail to override such veto within fifteen days of such
    23  veto, the apportionment commission shall hold  an  open  hearing  within
    24  fifteen days of said failure to pass the legislation as in paragraph (a)
    25  of  this  subdivision  or  failure to override the governor's veto as in
    26  paragraph (b) of this subdivision at  which  the  speaker  and  minority
    27  leader  of  the assembly and the temporary president and minority leader
    28  of the senate, or each of  their  designees  shall  testify  as  to  the
    29  reasons  that  the  legislation  did  not become law, and members of the
    30  public will also be invited to testify.  Within  fifteen  days  of  such
    31  hearing,  the apportionment commission shall establish and submit to the
    32  legislature a second apportionment plan and the  necessary  implementing
    33  legislation  for such plan. Upon receipt of such second plan, the imple-
    34  menting legislation therefor shall be introduced in both houses  of  the
    35  legislature  without  any  amendments within five days. Such legislation
    36  shall be voted upon, without amendment, by both such houses within twen-
    37  ty-one days, but not sooner than seven days, after its introduction.  If
    38  approved, the legislature shall forward such legislation to the governor
    39  within five days.
    40    6. If (a) either house shall fail to approve the legislation submitted
    41  pursuant  to  subdivision five of this section within twenty-one days of
    42  its submission, or (b) the governor shall veto such legislation and  the
    43  legislature  fails  to  override  such veto the apportionment commission
    44  shall hold an open hearing within fifteen days of said failure  to  pass
    45  the  legislation  as  in paragraph (a) of this subdivision or failure to
    46  override the governor's veto as in paragraph (b) of this subdivision  at
    47  which  the speaker and minority leader of the assembly and the temporary
    48  president and minority leader of the senate, or each of their  designees
    49  shall testify as to the reasons that the legislation did not become law,
    50  and  members  of  the  public  will  also  be invited to testify. Within
    51  fifteen days of such hearing, the apportionment commission shall  estab-
    52  lish  and  submit  to the legislature a third apportionment plan and the
    53  necessary implementing legislation for such plan. Upon receipt  of  such
    54  third  plan, the implementing legislation with any amendments the legis-
    55  lature shall deem necessary shall be introduced in both  houses  of  the
    56  legislature  within five days. All such amendments shall comply with the

        A. 262                              9
 
     1  provisions of subdivision two of this section. Such legislation shall be
     2  voted upon by both such houses within twenty-one days,  but  not  sooner
     3  than  seven  days,  after its introduction. If approved, the legislature
     4  shall forward such legislation to the governor within five days.
     5    §  99-B.  Application  of article. 1. The process for apportionment of
     6  congressional and state legislative districts established by this  arti-
     7  cle  shall  be  the exclusive means by which such apportionment shall be
     8  completed in this state. Every apportionment of congressional  or  state
     9  legislative  districts  performed in violation of the provisions of this
    10  article shall be void. In any proceeding relating  to  apportionment  of
    11  congressional  or state legislative districts, the court shall implement
    12  the plan that best serves the requirements of subdivision two of section
    13  ninety-nine-A of this article.
    14    2. An apportionment statute shall remain  in  full  force  and  effect
    15  until  a  subsequent  apportionment  statute,  based upon the succeeding
    16  decennial federal census, takes  effect,  unless  modified  pursuant  to
    17  court order.
    18    § 5. This act shall take effect immediately.
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