S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1171
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       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 K of chapter 55 of the  laws  of  2014,  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 fifteen and terminating December  thirty-first,  two
    9  thousand sixteen:
   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,
   20   food and nutrition ............................................. 12,500
   21  Ranking minority member of the assembly task force
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06320-01-5
       A. 1171                             2
    1   on farm, food and nutrition ..................................... 9,000
    2  Chairman of the legislative commission on skills
    3   development and career education ............................... 12,500
    4  Vice-Chairman of the legislative commission on the
    5   development of rural resources ................................. 12,500
    6    S  2.  Subdivision 5 of section 12 of the legislative law, as added by
    7  chapter 141 of the laws of 1994, is amended to read as follows:
    8    5. Notwithstanding any provision of law to the contrary, services  and
    9  expenses  of the legislative health service, legislative library, legis-
   10  lative messenger service, legislative  ethics  committee,  [joint  oper-
   11  ations  of  the legislative task force on demographic research and reap-
   12  portionment] APPORTIONMENT COMMISSION, and contributions to the national
   13  conference of state legislatures shall be payable after audit by and  on
   14  the  warrant of the comptroller upon vouchers certified by the temporary
   15  president of the senate or his or her designee and the  speaker  of  the
   16  assembly or his or her designee.
   17    S 3. Section 83-m of the legislative law is REPEALED.
   18    S  4.  The  legislative  law is amended by adding a new article 6-B to
   19  read as follows:
   20                                  ARTICLE 6-B
   21                       APPORTIONMENT OF CONGRESSIONAL
   22                       AND STATE LEGISLATIVE DISTRICTS
   23  SECTION 95.   LEGISLATIVE INTENT.
   24          96.   APPORTIONMENT NOMINATIONS COMMITTEE.
   25          97.   POWERS AND DUTIES OF COMMITTEE.
   26          98.   APPORTIONMENT COMMISSION.
   27          99.   POWERS AND DUTIES OF COMMISSION.
   28          99-A. APPORTIONMENT.
   29          99-B. APPLICATION OF ARTICLE.
   30    S 95. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY  FINDS  AND  DECLARES
   31  THAT:
   32    1.  THERE  IS  A  NEED  FOR INTENSIVE AND THOROUGH STUDY, RESEARCH AND
   33  INQUIRY INTO THE TECHNIQUES AND METHODOLOGY TO BE USED BY THE BUREAU  OF
   34  THE  CENSUS OF THE UNITED STATES COMMERCE DEPARTMENT IN CARRYING OUT THE
   35  DECENNIAL FEDERAL CENSUS;
   36    2. A TECHNICAL PLAN WILL BE NEEDED  TO  MEET  THE  REQUIREMENTS  OF  A
   37  LEGISLATIVE  TIMETABLE  FOR A REAPPORTIONMENT OF THE SENATE AND ASSEMBLY
   38  DISTRICTS AND THE CONGRESSIONAL DISTRICTS OF THE  STATE  BASED  ON  SUCH
   39  CENSUS; AND
   40    3. THE APPORTIONMENT COMMISSION IS NECESSARY TO ASSIST THE LEGISLATURE
   41  IN  THE PERFORMANCE OF ITS RESPONSIBILITIES AND IN THE CONDUCT OF LEGIS-
   42  LATIVE RESEARCH PROJECTS RELATING THERETO.
   43    S 96. APPORTIONMENT NOMINATIONS COMMITTEE. 1. ON OR BEFORE  THE  FIRST
   44  OF DECEMBER OF EACH YEAR ENDING WITH A NINE OR AS SOON AS POSSIBLE AFTER
   45  THE EFFECTIVE DATE OF THIS ARTICLE, THERE SHALL BE ESTABLISHED AN APPOR-
   46  TIONMENT  NOMINATIONS  COMMITTEE  TO  SELECT  THOSE PERSONS WHO SHALL BE
   47  ELIGIBLE TO BE APPOINTED AS  MEMBERS  OF  THE  APPORTIONMENT  COMMISSION
   48  CREATED  IN  SECTION  NINETY-EIGHT  OF THIS ARTICLE. EACH SUCH COMMITTEE
   49  SHALL  REMAIN  IN  EXISTENCE  UNTIL  ITS  DUTIES  PURSUANT  TO   SECTION
   50  NINETY-SEVEN OF THIS ARTICLE HAVE BEEN COMPLETED.
   51    2.  THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL BE COMPOSED OF EIGHT
   52  MEMBERS, APPOINTED AS FOLLOWS:
   53    (A) TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
   54  SENATE;
   55    (B) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
       A. 1171                             3
    1    (C)  TWO  MEMBERS  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
    2  SENATE; AND
    3    (D)  TWO  MEMBERS  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
    4  ASSEMBLY.
    5    3.  THE  APPORTIONMENT  NOMINATIONS  COMMITTEE  SHALL  DESIGNATE   TWO
    6  CO-CHAIRS  FROM  AMONG  ITS  MEMBERS  BY  A  SIMPLE MAJORITY VOTE OF ALL
    7  MEMBERS.
    8    4. THE MEMBERS OF THE APPORTIONMENT  NOMINATIONS  COMMITTEE  SHALL  BE
    9  REGISTERED VOTERS IN THIS STATE. NO MEMBER OF SUCH COMMITTEE SHALL:
   10    (A) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS AN ELECTED GOVERN-
   11  MENTAL OFFICE;
   12    (B)  HOLD  OR  HAVE  HELD  WITHIN  THE  PREVIOUS  TWO  YEARS ANY OTHER
   13  APPOINTED GOVERNMENTAL OR POLITICAL PARTY POSITION;
   14    (C) BE EMPLOYED OR HAVE BEEN EMPLOYED WITHIN THE PREVIOUS TWO YEARS IN
   15  ANY OTHER POSITION BY THE UNITED STATES CONGRESS, THE STATE LEGISLATURE,
   16  THE EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM  OR  THE  FEDERAL  COURT
   17  SYSTEM;
   18    (D)  BE OR HAVE BEEN WITHIN THE PREVIOUS TWO YEARS A REGISTERED LOBBY-
   19  IST IN THIS STATE PURSUANT TO ARTICLE ONE-A OF THIS CHAPTER;
   20    (E) BE THE SPOUSE OF ANY MEMBER OF THE  UNITED  STATES  CONGRESS,  THE
   21  STATE  LEGISLATURE,  THE  EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM OR
   22  THE FEDERAL COURT SYSTEM; OR
   23    (F) BE RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY  MEMBER
   24  OF  THE  UNITED  STATES  CONGRESS,  THE STATE LEGISLATURE, THE EXECUTIVE
   25  CHAMBER, THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM, OR TO THE
   26  SPOUSE OF ANY SUCH PERSON.
   27    5. THE  MEMBERS  OF  THE  APPORTIONMENT  NOMINATIONS  COMMITTEE  SHALL
   28  RECEIVE  NO  COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR
   29  ACTUAL AND NECESSARY EXPENSES  INCURRED  IN  THE  PERFORMANCE  OF  THEIR
   30  DUTIES.
   31    6.  THE  MEMBERS  OF  THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL BE
   32  APPOINTED AND SERVE FOR THE DURATION OF SUCH COMMITTEE. ALL VACANCIES IN
   33  THE MEMBERSHIP OF SUCH COMMITTEE SHALL BE FILLED IN THE MANNER  PROVIDED
   34  FOR ORIGINAL APPOINTMENTS.
   35    S 97. POWERS AND DUTIES OF COMMITTEE. 1. THE APPORTIONMENT NOMINATIONS
   36  COMMITTEE  SHALL  HAVE  THE POWER AND DUTY TO, ON OR BEFORE THE FIRST OF
   37  MARCH IN EACH YEAR ENDING WITH A ZERO OR AS SOON AS POSSIBLE  AFTER  THE
   38  EFFECTIVE  DATE  OF  THIS ARTICLE, ESTABLISH A LIST OF FORTY PERSONS WHO
   39  SHALL BE ELIGIBLE TO  BE  APPOINTED  AS  MEMBERS  OF  THE  APPORTIONMENT
   40  COMMISSION.  SUCH  LIST SHALL HEREINAFTER BE REFERRED TO IN THIS ARTICLE
   41  AS THE "NOMINATIONS POOL".
   42    2. THE MEMBERS OF THE APPORTIONMENT  NOMINATIONS  COMMITTEE  SHALL  BY
   43  MAJORITY VOTE SELECT EACH PERSON TO BE INCLUDED IN THE NOMINATIONS POOL.
   44  UPON  COMPLETION OF SUCH POOL, SUCH COMMITTEE SHALL SUBMIT A COPY OF THE
   45  NOMINATIONS POOL TO THE TEMPORARY PRESIDENT OF THE SENATE,  THE  SPEAKER
   46  OF  THE  ASSEMBLY,  THE  MINORITY  LEADER OF THE SENATE AND THE MINORITY
   47  LEADER OF THE ASSEMBLY.
   48    3. THE NOMINATIONS POOL SHALL INCLUDE:
   49    (A) FIFTEEN PERSONS WHO ARE ENROLLED AS DEMOCRATS;
   50    (B) FIFTEEN PERSONS WHO ARE ENROLLED AS REPUBLICANS; AND
   51    (C) TEN PERSONS WHO ARE NOT ENROLLED AS EITHER DEMOCRATS  OR  REPUBLI-
   52  CANS.
   53    4. PERSONS SELECTED TO THE NOMINATIONS POOL SHALL BE REGISTERED VOTERS
   54  IN THIS STATE. NO SUCH PERSON SHALL:
   55    (A) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS AN ELECTED GOVERN-
   56  MENTAL OFFICE;
       A. 1171                             4
    1    (B)  HOLD  OR  HAVE  HELD  WITHIN  THE  PREVIOUS  TWO  YEARS ANY OTHER
    2  APPOINTED GOVERNMENTAL OR POLITICAL PARTY POSITION;
    3    (C)  BE A MEMBER OF THE APPORTIONMENT NOMINATIONS COMMITTEE CREATED IN
    4  SECTION NINETY-SIX OF THIS ARTICLE;
    5    (D) BE EMPLOYED OR HAVE BEEN EMPLOYED WITHIN THE PREVIOUS TWO YEARS IN
    6  ANY OTHER POSITION BY THE UNITED STATES CONGRESS, THE STATE LEGISLATURE,
    7  THE EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM  OR  THE  FEDERAL  COURT
    8  SYSTEM;
    9    (E)  BE OR HAVE BEEN WITHIN THE PREVIOUS TWO YEARS A REGISTERED LOBBY-
   10  IST IN THIS STATE PURSUANT TO ARTICLE ONE-A OF THIS CHAPTER;
   11    (F) BE THE SPOUSE OF ANY MEMBER OF THE  UNITED  STATES  CONGRESS,  THE
   12  STATE  LEGISLATURE,  THE  EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM OR
   13  THE FEDERAL COURT SYSTEM; OR
   14    (G) BE RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY  MEMBER
   15  OF  THE  UNITED  STATES  CONGRESS,  THE STATE LEGISLATURE, THE EXECUTIVE
   16  CHAMBER, THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM, OR TO THE
   17  SPOUSE OF ANY SUCH PERSON.
   18    5. (A) THE NOMINATIONS POOL SHALL INCLUDE AT LEAST THREE PERSONS  FROM
   19  EACH  OF  THE  FOLLOWING  REGIONS OF THE STATE, WITH THE REMAINDER TO BE
   20  NOMINATED FROM SUCH REGIONS IN PROPORTION TO  THE  DISTRIBUTION  OF  THE
   21  STATE'S POPULATION IN EACH REGION:
   22    (I) LONG ISLAND;
   23    (II) NEW YORK CITY;
   24    (III) HUDSON VALLEY;
   25    (IV) NORTHERN;
   26    (V) CENTRAL;
   27    (VI) SOUTHERN TIER; AND
   28    (VII) WESTERN.
   29    (B)  FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING REGIONS SHALL
   30  BE COMPOSED OF THE FOLLOWING COUNTIES;
   31    (I) LONG ISLAND: THE COUNTIES OF NASSAU AND SUFFOLK;
   32    (II) NEW YORK CITY: THE COUNTIES OF BRONX, KINGS, NEW YORK, QUEENS AND
   33  RICHMOND;
   34    (III) HUDSON VALLEY: THE COUNTIES OF  WESTCHESTER,  ROCKLAND,  PUTNAM,
   35  ORANGE, DUTCHESS, ULSTER, COLUMBIA, GREENE, RENSSELAER, ALBANY AND SCHE-
   36  NECTADY;
   37    (IV)  NORTHERN:  THE  COUNTIES OF SARATOGA, WASHINGTON, WARREN, ESSEX,
   38  CLINTON, FRANKLIN, ST. LAWRENCE, HAMILTON, FULTON, HERKIMER,  LEWIS  AND
   39  JEFFERSON;
   40    (V)  CENTRAL: THE COUNTIES OF SCHOHARIE, MONTGOMERY, OTSEGO, CHENANGO,
   41  MADISON, ONEIDA, OSWEGO, CORTLAND, ONONDAGA AND CAYUGA;
   42    (VI) SOUTHERN TIER: THE COUNTIES OF SULLIVAN, DELAWARE, BROOME, TIOGA,
   43  TOMPKINS, SCHUYLER, STEUBEN, ALLEGANY, CATTARAUGUS AND CHAUTAUQUA; AND
   44    (VII) WESTERN: THE COUNTIES OF SENECA, YATES, ONTARIO, WAYNE,  MONROE,
   45  LIVINGSTON, WYOMING, GENESEE, ORLEANS, NIAGARA AND ERIE.
   46    6.  TO THE EXTENT PRACTICABLE, THE APPORTIONMENT NOMINATIONS COMMITTEE
   47  SHALL ENSURE THAT THE NOMINATIONS POOL REFLECTS  THE  DIVERSITY  OF  THE
   48  RESIDENTS OF THE STATE WITH REGARD TO RACE, ETHNICITY AND GENDER.
   49    S  98.  APPORTIONMENT  COMMISSION. 1. THERE SHALL BE CREATED AN APPOR-
   50  TIONMENT COMMISSION TO ASSIST THE LEGISLATURE IN THE REAPPORTIONMENT  OF
   51  CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS BASED ON THE ENSUING FEDER-
   52  AL  CENSUS,  PURSUANT TO SECTION TWO OF ARTICLE ONE OF THE UNITED STATES
   53  CONSTITUTION AND SECTIONS FOUR AND FIVE OF ARTICLE THREE  OF  THE  STATE
   54  CONSTITUTION.
   55    2.  THE  APPORTIONMENT COMMISSION SHALL BE COMPOSED OF ELEVEN MEMBERS,
   56  APPOINTED FROM THE NOMINATIONS POOL AS FOLLOWS:
       A. 1171                             5
    1    (A) TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
    2  SENATE;
    3    (B) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
    4    (C)  TWO  MEMBERS  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
    5  SENATE;
    6    (D) TWO MEMBERS SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
    7  ASSEMBLY; AND
    8    (E)  THREE  MEMBERS SHALL BE APPOINTED, ON OR BEFORE THE THIRTIETH DAY
    9  AFTER A VACANCY IN ANY  SUCH  POSITION  OCCURS,  BY  THE  EIGHT  MEMBERS
   10  APPOINTED  PURSUANT TO PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION BY
   11  A VOTE OF NOT LESS THAN SIX MEMBERS IN FAVOR OF EACH  SUCH  APPOINTMENT,
   12  AND EACH VACANCY IN ANY POSITION FILLED PURSUANT TO THIS PARAGRAPH SHALL
   13  BE DEEMED TO CREATE VACANCIES IN ALL THREE POSITIONS HELD BY THE MEMBERS
   14  SO  APPOINTED; PROVIDED THAT ANY SUCH MEMBER MAY BE REAPPOINTED PURSUANT
   15  TO THIS PARAGRAPH. IN THE EVENT THAT THREE MEMBERS ARE NOT APPOINTED  ON
   16  OR  BEFORE THE THIRTIETH DAY AFTER A VACANCY IN ANY SUCH POSITION OCCURS
   17  IF:
   18    (I) TWO PERSONS ARE APPOINTED WITH THE REQUIRED SIX VOTES AND NO OTHER
   19  PERSON RECEIVES SIX VOTES, THE THIRD SUCH MEMBER SHALL BE  APPOINTED  BY
   20  THE CHIEF JUDGE OF THE COURT OF APPEALS WITHIN THIRTY DAYS THEREAFTER;
   21    (II)  ONE  PERSON  IS APPOINTED WITH THE REQUIRED SIX VOTES AND NO TWO
   22  OTHER PERSONS RECEIVE SIX VOTES, THE  TWO  PERSONS  RECEIVING  THE  MOST
   23  VOTES SHALL BE APPOINTED AS MEMBERS; AND
   24    (III)  NO  THREE  PERSONS RECEIVE SIX VOTES, THE TWO PERSONS RECEIVING
   25  THE MOST VOTES SHALL BE APPOINTED AS MEMBERS AND THE THIRD MEMBER  SHALL
   26  BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS.
   27    (F)  THE  CHAIR  SHALL  BE  DESIGNATED,  FROM  AMONG THE THREE MEMBERS
   28  APPOINTED PURSUANT TO PARAGRAPH (E) OF THIS  SUBDIVISION,  BY  A  SIMPLE
   29  MAJORITY  VOTE  OF  ALL  MEMBERS OF THE COMMISSION; PROVIDED THAT IF THE
   30  COMMISSION FAILS TO DESIGNATE A CHAIR, THE CHAIR SHALL BE DESIGNATED  BY
   31  THE CHIEF JUDGE OF THE COURT OF APPEALS.
   32    3. (A) NO MORE THAN FOUR MEMBERS OF THE APPORTIONMENT COMMISSION SHALL
   33  BE ENROLLED IN THE SAME POLITICAL PARTY.
   34    (B)  TO  THE  EXTENT  PRACTICABLE,  THE  MEMBERS  OF THE APPORTIONMENT
   35  COMMISSION SHALL REFLECT THE DIVERSITY OF THE RESIDENTS  OF  THIS  STATE
   36  WITH REGARD TO RACE, ETHNICITY, GENDER AND GEOGRAPHIC RESIDENCE.
   37    4.  THE  TERMS  OF  THE  MEMBERS OF THE APPORTIONMENT COMMISSION SHALL
   38  EXPIRE UPON THE FILING OF ALL APPORTIONMENT PLANS, PURSUANT TO  SUBDIVI-
   39  SION FOUR, FIVE AND/OR SIX OF SECTION NINETY-NINE-A OF THIS ARTICLE, THE
   40  EXHAUSTION  OF  ANY  JUDICIAL REVIEW OF AN APPORTIONMENT PLAN AND APPOR-
   41  TIONMENT STATUTE, AND THE IMPLEMENTATION OF  AN  APPORTIONMENT  STATUTE.
   42  VACANCIES  IN  THE  MEMBERSHIP  OF THE COMMISSION SHALL BE FILLED IN THE
   43  MANNER PROVIDED FOR ORIGINAL APPOINTMENTS.
   44    5. THE MEMBERS OF THE APPORTIONMENT COMMISSION AND ALL EMPLOYEES THER-
   45  EOF SHALL BE DEEMED TO BE LEGISLATIVE EMPLOYEES.
   46    6. THE MEMBERS  OF  THE  APPORTIONMENT  COMMISSION  SHALL  RECEIVE  NO
   47  COMPENSATION  FOR  THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND
   48  NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES  PURSUANT
   49  TO THIS ARTICLE.
   50    7.  A  MINIMUM  OF EIGHT MEMBERS OF THE APPORTIONMENT COMMISSION SHALL
   51  CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR THE  EXERCISE
   52  OF  ANY POWER OF SUCH COMMISSION, PROVIDED THAT NO EXERCISE OF ANY POWER
   53  OF THE APPORTIONMENT COMMISSION SHALL OCCUR WITHOUT THE AFFIRMATIVE VOTE
   54  OF SEVEN MEMBERS THEREOF.
   55    S 99. POWERS AND DUTIES OF COMMISSION.  THE  APPORTIONMENT  COMMISSION
   56  SHALL HAVE THE POWER AND DUTY TO:
       A. 1171                             6
    1    1.  EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS IT MAY DEEM NECES-
    2  SARY FOR THE PERFORMANCE OF ITS FUNCTIONS  AND  FIX  THEIR  COMPENSATION
    3  WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR;
    4    2.  MEET  WITHIN  AND WITHOUT THE STATE, HOLD PUBLIC HEARINGS AND HAVE
    5  ALL THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THIS CHAPTER;
    6    3. REQUEST, RECEIVE AND UTILIZE SUCH FACILITIES,  RESOURCES  AND  DATA
    7  (INCLUDING,  BUT  NOT  LIMITED  TO,  HISTORICAL  VOTING  INFORMATION AND
    8  PATTERNS) OF ANY DEPARTMENT,  DIVISION,  BOARD,  BUREAU,  COMMISSION  OR
    9  AGENCY  OF  THE  STATE  OR  ANY  POLITICAL SUBDIVISION THEREOF AS IT MAY
   10  REASONABLY REQUEST TO PROPERLY CARRY OUT ITS POWERS AND DUTIES  PURSUANT
   11  TO THIS ARTICLE;
   12    4. ACQUIRE AND UTILIZE ALL MATERIALS AND EQUIPMENT NECESSARY TO ESTAB-
   13  LISH APPORTIONMENT PLANS PURSUANT TO SECTION NINETY-NINE-A OF THIS ARTI-
   14  CLE;
   15    5.  PREPARE THE NECESSARY DESCRIPTIONS FOR THE GEOGRAPHIC UNITS OF THE
   16  STATE FOR USE BY THE FEDERAL CENSUS BUREAU IN REPORTING DECENNIAL FEDER-
   17  AL CENSUS DATA;
   18    6. ENGAGE IN SUCH RESEARCH STUDIES AND OTHER ACTIVITIES  AS  NECESSARY
   19  OR  APPROPRIATE  IN THE PREPARATION AND FORMULATION OF A REAPPORTIONMENT
   20  PLAN FOR  THE  NEXT  ENSUING  REAPPORTIONMENT  OF  SENATE  AND  ASSEMBLY
   21  DISTRICTS  AND  CONGRESSIONAL DISTRICTS OF THE STATE AND IN THE UTILIZA-
   22  TION OF CENSUS AND OTHER DEMOGRAPHIC AND  STATISTICAL  DATA  FOR  POLICY
   23  ANALYSIS,  PROGRAM  DEVELOPMENT  AND PROGRAM EVALUATION PURPOSES FOR THE
   24  LEGISLATURE;
   25    7. SELL SURVEYS, DATA, COPIES OF TABULATIONS AND OTHER SPECIAL STATIS-
   26  TICAL COMPILATIONS AND MATERIALS  TO  DEPARTMENTS,  AGENCIES  AND  OTHER
   27  ENTITIES  OF  FEDERAL,  STATE OR LOCAL GOVERNMENT, OF FOREIGN COUNTRIES,
   28  AND TO PUBLIC BENEFIT CORPORATIONS, OR OTHER PUBLIC, NOT-FOR-PROFIT  AND
   29  PRIVATE  PERSONS  AND AGENCIES, UPON PAYMENT OF FEES AT LEAST SUFFICIENT
   30  TO PAY THE ACTUAL OR ESTIMATED COST OF SUCH PROJECTS. IN FURTHERANCE  OF
   31  SUCH  SALE,  THE APPORTIONMENT COMMISSION MAY EXECUTE CONTRACTS FOR SUCH
   32  PURPOSE;
   33    8. PREPARE MAPS OF  CITIES,  TOWNS  AND  COUNTIES  OF  THE  STATE  FOR
   34  DESCRIBING  CONGRESSIONAL,  SENATE  AND  ASSEMBLY DISTRICTS, AND PREPARE
   35  APPORTIONMENT PLANS AND LEGISLATION; AND
   36    9. MAKE AVAILABLE TO THE PUBLIC IN PRINT FORM AND IN  ELECTRONIC  FORM
   37  ON  THE INTERNET, USING THE BEST AVAILABLE TECHNOLOGY, ALL APPORTIONMENT
   38  PLANS, RELEVANT DATA AND MAPMAKING SOFTWARE USED TO PREPARE SUCH  PLANS,
   39  INFORMATION ON THE MEMBERS OF THE APPORTIONMENT COMMISSION AND ALL OTHER
   40  RELEVANT INFORMATION DERIVED FROM THE OPERATION OF THIS ARTICLE.
   41    S  99-A.  APPORTIONMENT.  1.  THE APPORTIONMENT COMMISSION SHALL, UPON
   42  RECEIPT OF THE FEDERAL DECENNIAL CENSUS FOR THE STATE, BEGIN  TO  ESTAB-
   43  LISH  A PLAN FOR THE APPORTIONMENT OF CONGRESSIONAL, SENATE AND ASSEMBLY
   44  DISTRICTS IN THE STATE.
   45    2. THE FOLLOWING REQUIREMENTS  AND  PRINCIPLES  SHALL  BE  APPLIED  IN
   46  ESTABLISHING A PLAN FOR SUCH DISTRICTS:
   47    (A) ALL CONGRESSIONAL DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION
   48  AS IS PRACTICABLE.
   49    (B)  EACH  DISTRICT SHALL CONSIST OF CONTIGUOUS TERRITORY; NO DISTRICT
   50  SHALL CONSIST OF PARTS ENTIRELY SEPARATED BY THE  TERRITORY  OF  ANOTHER
   51  DISTRICT  OF  THE  SAME  BODY,  WHETHER SUCH TERRITORY BE LAND OR WATER,
   52  POPULATED OR UNPOPULATED. A POPULATED CENSUS BLOCK SHALL NOT BE  DIVIDED
   53  BY  A  DISTRICT BOUNDARY, UNLESS IT CAN BE DETERMINED THAT THE POPULATED
   54  PART OF SUCH BLOCK IS WITHIN A SINGLE DISTRICT.
   55    (C) SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICTS SHALL NOT  BE  ESTAB-
   56  LISHED  THAT  ARE  INTENDED  TO  OR RESULT IN A DENIAL OR ABRIDGEMENT OF
       A. 1171                             7
    1  MINORITY VOTING RIGHTS INCLUDING THE OPPORTUNITY OF MINORITY  VOTERS  TO
    2  PARTICIPATE  IN  THE  POLITICAL  PROCESS, AND TO ELECT THE CANDIDATES OF
    3  THEIR CHOICE.
    4    (D)  SENATE,  ASSEMBLY,  OR CONGRESSIONAL DISTRICTS SHALL NOT BE DRAWN
    5  WITH AN INTENT TO FAVOR OR OPPOSE ANY  POLITICAL  PARTY,  ANY  INCUMBENT
    6  FEDERAL  OR  STATE LEGISLATOR, OR ANY PREVIOUS OR PRESUMED CANDIDATE FOR
    7  OFFICE.
    8    (E) SUBJECT TO THE REQUIREMENTS OF PARAGRAPHS (A), (B), (C) AND (D) OF
    9  THIS SUBDIVISION, THE FOLLOWING PRINCIPLES  SHALL  BE  FOLLOWED  IN  THE
   10  CREATION  OF SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS TO THE EXTENT
   11  PRACTICABLE. A PRINCIPLE WITH A LOWER NUMBER SHALL HAVE PRECEDENCE  OVER
   12  A PRINCIPLE WITH A HIGHER NUMBER.
   13    (I)  THE  MOST AND LEAST POPULOUS SENATE DISTRICTS SHALL NOT EXCEED OR
   14  BE LOWER THAN THE MEAN POPULATION OF ALL SENATE DISTRICTS BY  MORE  THAN
   15  ONE  PERCENT,  AND  THE MOST AND LEAST POPULOUS ASSEMBLY DISTRICTS SHALL
   16  NOT EXCEED OR  BE  LOWER  THAN  THE  MEAN  POPULATION  OF  ALL  ASSEMBLY
   17  DISTRICTS  BY  MORE  THAN  ONE PERCENT. IN NO EVENT SHALL THE COMMISSION
   18  ADVANTAGE ANY REGION OF THE STATE OVER ANY OTHER  BY  CREATING  MULTIPLE
   19  DISTRICTS  THEREIN EXCEEDING, OR LOWER THAN, THE MEAN POPULATION BY MORE
   20  THAN ONE PERCENT.
   21    (II) COUNTIES SHALL NOT BE DIVIDED  IN  THE  FORMATION  OF  DISTRICTS,
   22  EXCEPT  TO  CREATE DISTRICTS WHOLLY WITHIN A COUNTY. WHERE SUCH DIVISION
   23  OF COUNTIES IS UNAVOIDABLE, MORE POPULOUS COUNTIES SHALL BE  DIVIDED  IN
   24  PREFERENCE TO THE DIVISION OF LESS POPULOUS COUNTIES.
   25    (III)  COUNTY  SUBDIVISIONS  SHALL  NOT BE DIVIDED IN THE FORMATION OF
   26  DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN  A  COUNTY  SUBDIVI-
   27  SION.  FOR THE PURPOSES OF THIS ARTICLE, A COUNTY SUBDIVISION SHALL BE A
   28  CITY, EXCEPT THE CITY OF NEW YORK, A  TOWN,  OR  AN  INDIAN  RESERVATION
   29  WHOSE TERRITORY IS EXCLUSIVE OF THE TERRITORY OF ANY CITY OR TOWN. COUN-
   30  TY  SUBDIVISIONS  WITH LARGER POPULATIONS SHALL BE DIVIDED IN PREFERENCE
   31  TO THE DIVISION OF THOSE WITH SMALLER POPULATIONS.
   32    (IV) INCORPORATED VILLAGES SHALL NOT BE DIVIDED IN  THE  FORMATION  OF
   33  DISTRICTS.
   34    (V)  THE  SENATE,  ASSEMBLY,  AND  CONGRESSIONAL DISTRICTS SHALL BE AS
   35  COMPACT IN FORM AS POSSIBLE.
   36    (VI) A SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICT SHALL UNITE  COMMU-
   37  NITIES DEFINED BY ACTUAL SHARED INTERESTS, TAKING ACCOUNT OF GEOGRAPHIC,
   38  SOCIAL,  ECONOMIC, AND OTHER FACTORS THAT INDICATE COMMONALITY OF INTER-
   39  EST, AND DISTRICTS SHALL BE FORMED SO AS  TO  PROMOTE  THE  ORDERLY  AND
   40  EFFICIENT ADMINISTRATION OF ELECTIONS.
   41    3. DURING THE PREPARATION OF THE APPORTIONMENT PLAN, THE APPORTIONMENT
   42  COMMISSION  SHALL  CONDUCT NOT LESS THAN ONE PUBLIC HEARING ON PROPOSALS
   43  FOR THE APPORTIONMENT OF CONGRESSIONAL AND STATE  LEGISLATIVE  DISTRICTS
   44  IN  EACH OF THE FOLLOWING (A) CITIES: ALBANY, BUFFALO, SYRACUSE, ROCHES-
   45  TER, GLEN COVE, AND WHITE PLAINS; AND (B) COUNTIES:  BRONX,  KINGS,  NEW
   46  YORK,  QUEENS  AND RICHMOND. PUBLIC NOTICE OF ALL SUCH HEARINGS SHALL BE
   47  WIDELY PUBLISHED BY THE APPORTIONMENT COMMISSION IN ADVANCE THROUGH  ALL
   48  AVAILABLE  MEANS.  TO  THE EXTENT PRACTICABLE, ALL SUCH HEARINGS AND THE
   49  PROCEEDINGS OF THE APPORTIONMENT  COMMISSION  SHALL  BE  TELEVISED.  THE
   50  APPORTIONMENT  COMMISSION SHALL REPORT THE FINDINGS OF ALL SUCH HEARINGS
   51  TO THE LEGISLATURE UPON SUBMISSION OF THE APPORTIONMENT PLAN PURSUANT TO
   52  PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION.
   53    4. (A) ON OR BEFORE THE FIFTEENTH OF MAY IN EACH YEAR  ENDING  WITH  A
   54  ONE  OR  WITHIN SIXTY DAYS OF RECEIVING THE FEDERAL DECENNIAL CENSUS FOR
   55  THE STATE, WHICHEVER IS LATER, THE APPORTIONMENT COMMISSION SHALL SUBMIT
   56  TO THE LEGISLATURE AND DISSEMINATE TO THE PUBLIC AN  APPORTIONMENT  PLAN
       A. 1171                             8
    1  FOR  ALL  CONGRESSIONAL  AND STATE LEGISLATIVE DISTRICTS, ALONG WITH THE
    2  LEGISLATION NECESSARY TO IMPLEMENT SUCH PLAN. UPON RECEIPT OF SUCH PLAN,
    3  THE IMPLEMENTING LEGISLATION THEREFOR SHALL BE INTRODUCED IN BOTH HOUSES
    4  OF THE LEGISLATURE WITHOUT ANY AMENDMENTS WITHIN FIVE DAYS.
    5    (B)  ON OR BEFORE THE FIRST OF JUNE FOLLOWING THE DISSEMINATION OF THE
    6  APPORTIONMENT PLAN TO THE PUBLIC,  THE  APPORTIONMENT  COMMISSION  SHALL
    7  CONDUCT  NOT  LESS THAN ONE PUBLIC HEARING ON SUCH APPORTIONMENT PLAN IN
    8  EACH OF THE CITIES AND COUNTIES DELINEATED IN PARAGRAPHS (A) AND (B)  OF
    9  SUBDIVISION  THREE OF THIS SECTION, AND SHALL REPORT THE FINDINGS OF ALL
   10  SUCH HEARINGS TO THE LEGISLATURE.
   11    (C) THE LEGISLATION INTRODUCED  PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
   12  SUBDIVISION  SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH SUCH HOUSES
   13  OF THE LEGISLATURE WITHIN SEVEN DAYS AFTER THE APPORTIONMENT  COMMISSION
   14  REPORTS  THE  FINDINGS  OF  ITS  PUBLIC  HEARING  TO THE LEGISLATURE. IF
   15  APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR
   16  WITHIN FIVE DAYS.
   17    5. IF (A) EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION SUBMITTED
   18  PURSUANT TO SUBDIVISION FOUR OF THIS SECTION WITHIN TWENTY-ONE  DAYS  OF
   19  ITS  SUBMISSION, OR (B) THE GOVERNOR SHALL VETO SUCH LEGISLATION AND THE
   20  LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO WITHIN FIFTEEN DAYS OF SUCH
   21  VETO, THE APPORTIONMENT COMMISSION SHALL HOLD  AN  OPEN  HEARING  WITHIN
   22  FIFTEEN DAYS OF SAID FAILURE TO PASS THE LEGISLATION AS IN PARAGRAPH (A)
   23  OF  THIS  SUBDIVISION  OR  FAILURE TO OVERRIDE THE GOVERNOR'S VETO AS IN
   24  PARAGRAPH (B) OF THIS SUBDIVISION AT  WHICH  THE  SPEAKER  AND  MINORITY
   25  LEADER  OF  THE ASSEMBLY AND THE TEMPORARY PRESIDENT AND MINORITY LEADER
   26  OF THE SENATE, OR EACH OF  THEIR  DESIGNEES  SHALL  TESTIFY  AS  TO  THE
   27  REASONS  THAT  THE  LEGISLATION  DID  NOT BECOME LAW, AND MEMBERS OF THE
   28  PUBLIC WILL ALSO BE INVITED TO TESTIFY.  WITHIN  FIFTEEN  DAYS  OF  SUCH
   29  HEARING,  THE APPORTIONMENT COMMISSION SHALL ESTABLISH AND SUBMIT TO THE
   30  LEGISLATURE A SECOND APPORTIONMENT PLAN AND THE  NECESSARY  IMPLEMENTING
   31  LEGISLATION  FOR SUCH PLAN. UPON RECEIPT OF SUCH SECOND PLAN, THE IMPLE-
   32  MENTING LEGISLATION THEREFOR SHALL BE INTRODUCED IN BOTH HOUSES  OF  THE
   33  LEGISLATURE  WITHOUT  ANY  AMENDMENTS WITHIN FIVE DAYS. SUCH LEGISLATION
   34  SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH SUCH HOUSES WITHIN TWEN-
   35  TY-ONE DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS INTRODUCTION.  IF
   36  APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR
   37  WITHIN FIVE DAYS.
   38    6. IF (A) EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION SUBMITTED
   39  PURSUANT  TO  SUBDIVISION FIVE OF THIS SECTION WITHIN TWENTY-ONE DAYS OF
   40  ITS SUBMISSION, OR (B) THE GOVERNOR SHALL VETO SUCH LEGISLATION AND  THE
   41  LEGISLATURE  FAILS  TO  OVERRIDE  SUCH VETO THE APPORTIONMENT COMMISSION
   42  SHALL HOLD AN OPEN HEARING WITHIN FIFTEEN DAYS OF SAID FAILURE  TO  PASS
   43  THE  LEGISLATION  AS  IN PARAGRAPH (A) OF THIS SUBDIVISION OR FAILURE TO
   44  OVERRIDE THE GOVERNOR'S VETO AS IN PARAGRAPH (B) OF THIS SUBDIVISION  AT
   45  WHICH  THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY AND THE TEMPORARY
   46  PRESIDENT AND MINORITY LEADER OF THE SENATE, OR EACH OF THEIR  DESIGNEES
   47  SHALL TESTIFY AS TO THE REASONS THAT THE LEGISLATION DID NOT BECOME LAW,
   48  AND  MEMBERS  OF  THE  PUBLIC  WILL  ALSO  BE INVITED TO TESTIFY. WITHIN
   49  FIFTEEN DAYS OF SUCH HEARING, THE APPORTIONMENT COMMISSION SHALL  ESTAB-
   50  LISH  AND  SUBMIT  TO THE LEGISLATURE A THIRD APPORTIONMENT PLAN AND THE
   51  NECESSARY IMPLEMENTING LEGISLATION FOR SUCH PLAN. UPON RECEIPT  OF  SUCH
   52  THIRD  PLAN, THE IMPLEMENTING LEGISLATION WITH ANY AMENDMENTS THE LEGIS-
   53  LATURE SHALL DEEM NECESSARY SHALL BE INTRODUCED IN BOTH  HOUSES  OF  THE
   54  LEGISLATURE  WITHIN FIVE DAYS. ALL SUCH AMENDMENTS SHALL COMPLY WITH THE
   55  PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. SUCH LEGISLATION SHALL BE
   56  VOTED UPON BY BOTH SUCH HOUSES WITHIN TWENTY-ONE DAYS,  BUT  NOT  SOONER
       A. 1171                             9
    1  THAN  SEVEN  DAYS,  AFTER ITS INTRODUCTION. IF APPROVED, THE LEGISLATURE
    2  SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR WITHIN FIVE DAYS.
    3    S  99-B.  APPLICATION  OF ARTICLE. 1. THE PROCESS FOR APPORTIONMENT OF
    4  CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS ESTABLISHED BY THIS  ARTI-
    5  CLE  SHALL  BE  THE EXCLUSIVE MEANS BY WHICH SUCH APPORTIONMENT SHALL BE
    6  COMPLETED IN THIS STATE. EVERY APPORTIONMENT OF CONGRESSIONAL  OR  STATE
    7  LEGISLATIVE  DISTRICTS  PERFORMED IN VIOLATION OF THE PROVISIONS OF THIS
    8  ARTICLE SHALL BE VOID. IN ANY PROCEEDING RELATING  TO  APPORTIONMENT  OF
    9  CONGRESSIONAL  OR STATE LEGISLATIVE DISTRICTS, THE COURT SHALL IMPLEMENT
   10  THE PLAN THAT BEST SERVES THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION
   11  NINETY-NINE-A OF THIS ARTICLE.
   12    2. AN APPORTIONMENT STATUTE SHALL REMAIN  IN  FULL  FORCE  AND  EFFECT
   13  UNTIL  A  SUBSEQUENT  APPORTIONMENT  STATUTE,  BASED UPON THE SUCCEEDING
   14  DECENNIAL FEDERAL CENSUS, TAKES  EFFECT,  UNLESS  MODIFIED  PURSUANT  TO
   15  COURT ORDER.
   16    S 5. This act shall take effect immediately.