NY State Senate Bill 2009-S1633

Senate Bill S1633

2009-2010 Legislative Session

Directs the state board of elections to obtain residential data on incarcerated persons to be used in creating congressional, senate, assembly, and county districts

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2010	recommit, enacting clause stricken
Jan 06, 2010	referred to elections
Feb 03, 2009	referred to elections

co-Sponsors

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2009-S1633 (ACTIVE) - Details

Law Section:: Election Law
Laws Affected:: Add §3-112, El L

2009-S1633 (ACTIVE) - Summary

Directs the state board of elections to obtain residential data on incarcerated persons to be used in creating congressional, senate, assembly, and county legislative body districts on the basis of their residence prior to incarceration, as required by law.

2009-S1633 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1633

 TITLE OF BILL :

An act to amend the election law, in relation to the residential
classification of certain incarcerated persons

 PURPOSE :

This legislation would direct the State Board of Elections to obtain
residential data on incarcerated persons and would require that
residential data to be used in creating Congressional, Assembly,
Senate and County Legislative Districts.

 SUMMARY OF PROVISIONS :

Section 1: Legislative Findings

Section 2: Amends the election law by adding a new section 3-112
creating the Prisoner Census Adjustment. This section would require
state agencies and local governments that operate facilities for
incarcerated individuals, including mental health facilities, as well
as other private facilities that may incarcerate persons convicted of
a criminal offense to submit a report to the State Board of Elections
containing the following information:

1. The name each person incarcerated in a facility operated by the
state agency, governmental entity, or in a private facility on behalf
of the state agency or governmental entity on the date for which the
census reports population, who completed a census form, responded to a
census inquiry or was included in any report to census officials if
such information indicated that the person resided at the facility on
that date.

2. The age, sex and race of each person included in the report.

3. The last address at which the person resided before the person's
current incarceration.  The State Board of Election would then collect
such data and prepare and disseminate adjusted populations counts for
each geographic unit included in the census counts no later than the
next September first following the date on which population counts are
released for New York State by the Bureau of the Census. The
Legislative Task Force on Demographic Research and Reapportionment
would be required to utilize the information compiled by the Board of
Elections in the creation of Congressional, Assembly, Senate and
County Legislative Districts.

Section 3: Effective Date

 JUSTIFICATION :

Article II, Section 4 of the New York State Constitution states that
"no person shall be deemed to have gained or lost a residence...
while confined to any public prison." Under this clause, the current
practice of classifying incarcerated persons as residents of their
place of incarceration, rather than residents of their place of
residence prior to incarceration, is in fact unconstitutional. The
current procedures of the U.S. Census Bureau make it difficult for the
Board of Elections and the Legislative Task Force on Demographic
Research and Reapportionment to adhere to this section of the State
Constitution. Current census records used by the Board of Elections
and the "Task Force" count incarcerated persons as residents of the
facility in which they are incarcerated.

This bill seeks to solve this problem and to bring current census
practices in New York State back in line with the State Constitution.
It does so by requiring the State Board of Elections to prepare and
disseminate adjusted population counts based on information from
government agencies and incarceration facilities for each geographic
unit included in the census counts.  Those adjusted population counts
will reflect the residence of incarcerated persons as their last
residence prior to incarceration.  All such information provided by
the Board of Elections must be utilized by the "Task Force" in the
drawing of any district boundaries.

 LEGISLATIVE HISTORY :

2008 - Referred to Elections
2007 - Referred to Elections

 FISCAL IMPLICATIONS :

Minimal administrative costs to be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S1633 (ACTIVE) - Bill Text download pdf

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

                                  1633

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced  by Sens. SCHNEIDERMAN, BRESLIN, DIAZ, DILAN, DUANE, HASSELL-
  THOMPSON, KRUEGER, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER,  SAMPSON,
  SAVINO, SERRANO, STAVISKY, THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to the residential classi-
  fication of certain incarcerated persons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The legislature notes that section 4 of article II  of  the
constitution  provides  in  pertinent  part  as  follows:  "S 4. For the
purpose of voting, no person shall be deemed to have gained  or  lost  a
residence...while confined in any public prison."  Likewise, subdivision
1  of  section  5-104  of the election law provides in pertinent part as
follows: "For the purpose of registering and voting no person  shall  be
deemed to have gained or lost a residence...while confined in any public
prison."
  Despite  these provisions, investigation has shown that many incarcer-
ated persons are being classified for purposes of residency as residents
of their places of incarceration rather than as residents of their plac-
es of residence prior to incarceration. The provisions of this  act  are
necessary to provide procedures and duties to correct these errors.
  S 2. The election law is amended by adding a new section 3-112 to read
as follows:
  S 3-112. PRISONER CENSUS ADJUSTMENT. 1. THE PROVISIONS OF THIS SECTION
SHALL  APPLY  ONLY  TO,  AND  THE  INFORMATION OBTAINED PURSUANT TO THIS
SECTION SHALL BE USED  IN,  THE  CREATION  OF  CONGRESSIONAL,  ASSEMBLY,
SENATE, AND COUNTY LEGISLATIVE BODY DISTRICTS.
  2.    NOT  LATER  THAN  THE NEXT SEPTEMBER FIRST FOLLOWING THE DATE ON
WHICH THE TRACT-LEVEL POPULATION COUNTS FOR THIS STATE FROM THE  FEDERAL
DECENNIAL  CENSUS  ARE  RELEASED  BY  THE  DIRECTOR OF THE BUREAU OF THE
CENSUS OF THE UNITED STATES DEPARTMENT OF COMMERCE, THE STATE  BOARD  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03619-01-9

S. 1633                             2

ELECTIONS  SHALL  PREPARE AND DISSEMINATE ADJUSTED POPULATION COUNTS FOR
EACH GEOGRAPHIC UNIT INCLUDED IN THE CENSUS COUNTS AS PROVIDED  BY  THIS
SECTION.
  3.  (A)  NOT  LATER  THAN  JUNE FIRST OF THE YEAR IN WHICH THE FEDERAL
DECENNIAL CENSUS IS CONDUCTED, EACH STATE AGENCY AND LOCAL  GOVERNMENTAL
ENTITY  IN  THIS STATE THAT OPERATES A FACILITY FOR THE INCARCERATION OF
PERSONS CONVICTED OF A  CRIMINAL  OFFENSE,  INCLUDING  A  MENTAL  HEALTH
INSTITUTION  FOR THOSE PERSONS, OR THAT PLACES ANY PERSON CONVICTED OF A
CRIMINAL OFFENSE IN A PRIVATE FACILITY TO BE INCARCERATED ON  BEHALF  OF
THE  STATE  AGENCY  OR GOVERNMENTAL ENTITY, SHALL SUBMIT A REPORT TO THE
STATE BOARD OF ELECTIONS WITH THE FOLLOWING INFORMATION:
  (1) THE NAME OF EACH PERSON INCARCERATED IN A FACILITY OPERATED BY THE
STATE AGENCY, GOVERNMENTAL ENTITY, OR IN A PRIVATE FACILITY ON BEHALF OF
THE STATE AGENCY OR GOVERNMENTAL ENTITY ON THE DATE FOR WHICH THE CENSUS
REPORTS POPULATION WHO COMPLETED A CENSUS FORM, RESPONDED  TO  A  CENSUS
INQUIRY,  OR WAS INCLUDED IN ANY REPORT PROVIDED TO CENSUS OFFICIALS, IF
THE FORM, RESPONSE, OR REPORT INDICATED THAT THE PERSON RESIDED  AT  THE
FACILITY ON THAT DATE.
  (2) THE AGE, SEX, AND RACE OF EACH PERSON INCLUDED IN THE REPORT.
  (3)  THE  LAST ADDRESS AT WHICH THE PERSON RESIDED BEFORE THE PERSON'S
CURRENT INCARCERATION.
  (B) EACH GOVERNMENTAL ENTITY REQUIRED TO MAKE A REPORT UNDER PARAGRAPH
(A) OF THIS SUBDIVISION SHALL ENSURE THAT IT COLLECTS AND MAINTAINS  THE
INFORMATION REQUIRED TO MAKE THE REPORT.
  4.  THE  STATE BOARD OF ELECTIONS SHALL REQUEST EACH AGENCY THAT OPER-
ATES  A  FEDERAL  FACILITY  IN  THIS  STATE  THAT  INCARCERATES  PERSONS
CONVICTED  OF A CRIMINAL OFFENSE TO PROVIDE THE STATE BOARD OF ELECTIONS
WITH A REPORT INCLUDING THE  INFORMATION  LISTED  IN  PARAGRAPH  (A)  OF
SUBDIVISION THREE OF THIS SECTION FOR PERSONS CONVICTED OF AN OFFENSE IN
THIS STATE.
  5.  FOR  EACH  PERSON INCLUDED IN A REPORT RECEIVED UNDER SUBDIVISIONS
THREE AND FOUR OF THIS SECTION,  THE  STATE  BOARD  OF  ELECTIONS  SHALL
DETERMINE  THE GEOGRAPHIC UNITS FOR WHICH POPULATION COUNTS ARE REPORTED
IN THE FEDERAL DECENNIAL CENSUS THAT CONTAIN THE LAST ADDRESS  AT  WHICH
THE  PERSON  RESIDED  BEFORE THE PERSON'S INCARCERATION ACCORDING TO THE
REPORT AND, IF THAT ADDRESS IS IN THIS STATE:
  (A) ADJUST ALL RELEVANT POPULATION  COUNTS  REPORTED  IN  THE  CENSUS,
INCLUDING POPULATIONS BY AGE, SEX, AND RACE, AS IF THE PERSON RESIDED AT
THAT ADDRESS ON THE DAY FOR WHICH THE CENSUS REPORTS POPULATION.
  (B)  ELIMINATE  THE  PERSON  FROM  ALL  APPLICABLE  POPULATION  COUNTS
REPORTED IN THE FEDERAL DECENNIAL CENSUS FOR THE GEOGRAPHIC  UNITS  THAT
INCLUDE THE FACILITY AT WHICH THE PERSON WAS INCARCERATED ON THE DAY FOR
WHICH THE CENSUS REPORTS POPULATION.
  6.  UPON THE COMPLETION OF THE COMPILATION OF THE INFORMATION REQUIRED
PURSUANT TO THIS SECTION, THE STATE BOARD OF  ELECTIONS  SHALL  PROMPTLY
MAKE  A  REPORT THEREOF AVAILABLE TO THE LEGISLATIVE TASK FORCE ON DEMO-
GRAPHIC RESEARCH AND REAPPORTIONMENT, ALL LOCAL BOARDS OF ELECTION,  ALL
COUNTY  LEGISLATIVE  BODIES, AND THE PUBLIC.  THE LEGISLATIVE TASK FORCE
ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT SHALL UTILIZE SUCH  INFORMA-
TION  IN  THE CREATION OF CONGRESSIONAL, ASSEMBLY, AND SENATE DISTRICTS.
ALL COUNTY LEGISLATIVE BODIES SHALL  UTILIZE  SUCH  INFORMATION  IN  THE
CREATION OF COUNTY LEGISLATIVE BODY DISTRICTS.
  S 3. This act shall take effect immediately.

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