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

                                  5758

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2011
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the state law, in relation to  apportionment  of  senate
  and assembly districts in the state

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

  Section 1. Subdivision b of section 127 of the state law, as added  by
chapter 35 of the laws of 2002, is amended to read as follows:
  b. It is intended that this article and the districts described herein
completely  encompass all the area within the state. It is also intended
that such districts apportioned on the basis of THE FEDERAL CENSUS TAKEN
IN THE YEAR two thousand [population] TEN AND EACH FEDERAL CENSUS  TAKEN
DECENNIALLY THEREAFTER, contain all the inhabitants in this state. It is
further intended that [the apportionment and districting provided for in
this article result in the creation of districts which are substantially
equal  in  population.    It  is  also  intended that] no district shall
include any of the area included within the  description  of  any  other
district.    DISTRICTS DESCRIBED WITHIN THIS ARTICLE SHALL BE IN ACCORD-
ANCE WITH SECTION TWO OF ARTICLE ONE OF THE UNITED STATES  CONSTITUTION,
SECTIONS FOUR AND FIVE OF ARTICLE THREE OF THE STATE CONSTITUTION AND IN
A  MANNER  THAT  ENSURES  THE  FAIR AND EFFECTIVE REPRESENTATION FOR ALL
RESIDENTS OF THE STATE, INCLUDING RACIAL, ETHNIC AND  LANGUAGE  MINORITY
GROUPS,  AND  ADHERE  TO  ALL  STANDARDS  AND PRACTICES SET FORTH IN THE
FEDERAL VOTING RIGHTS ACT (42 U.S.C. SS1971 ET. SEQ.) AND OTHER RELEVANT
FEDERAL REGULATIONS. THE STATE LEGISLATIVE DISTRICTS SHALL:
  (1) BE DRAWN TO KEEP INTACT WITHIN A SINGLE DISTRICT  THOSE  NEIGHBOR-
HOODS AND COMMUNITIES WITH ESTABLISHED TIES OF COMMON INTEREST AND ASSO-
CIATION,  WHETHER  HISTORICAL,  RACIAL,  ECONOMIC,  ETHNIC, RELIGIOUS OR
OTHER;
  (2) BE OF SUBSTANTIAL EQUALITY OF POPULATION WITH OTHER CONGRESSIONAL,
SENATE AND ASSEMBLY DISTRICTS, PROVIDED THAT, FOR  SENATE  AND  ASSEMBLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06302-01-1
              

A. 5758                             2

DISTRICTS,  NO  SUCH  DEVIATION  SHALL EXCEED ONE PERCENT OF THE AVERAGE
POPULATION OF ALL SENATE OR ASSEMBLY DISTRICTS;
  (3)  BE  COMPOSED  OF  COMPACT AND CONTIGUOUS TERRITORY, PROVIDED THAT
LAND AREAS SEPARATED BY A WATERWAY SHALL NOT BE INCLUDED WITHIN THE SAME
DISTRICT UNLESS SUCH WATERWAY IS TRAVERSED BY A HIGHWAY BRIDGE OR TUNNEL
WHICH BEGINS AND TERMINATES WITHIN THE SAME SUCH DISTRICT, EXCEPT  THAT,
POPULATION  PERMITTING, ISLANDS NOT CONNECTED TO THE MAINLAND OR ANOTHER
ISLAND BY A HIGHWAY BRIDGE OR TUNNEL SHALL BE IN THE  SAME  DISTRICT  AS
THE NEAREST LAND AREA WITHIN THE SAME POLITICAL SUBDIVISION;
  (4)  BE  DRAWN  SUCH  THAT  THE  NUMBER OF COUNTIES WHOSE TERRITORY IS
DIVIDED AMONG MORE THAN ONE DISTRICT SHALL BE AS SMALL AS POSSIBLE  AND,
WITHIN COUNTIES SO DIVIDED, THE NUMBER OF TOWNS AND CITIES DIVIDED AMONG
MORE THAN ONE DISTRICT SHALL BE AS SMALL AS POSSIBLE;
  (5)  NOT  BE  DRAWN  WITH  AN  INTENT TO FAVOR OR OPPOSE ANY POLITICAL
PARTY, ANY INCUMBENT FEDERAL OR STATE LEGISLATOR,  OR  ANY  PREVIOUS  OR
PRESUMED CANDIDATE FOR OFFICE;
  (6)  TO  THE  EXTENT  PRACTICABLE, COINCIDE WITH CITY, TOWN AND COUNTY
BOUNDARIES;
  (7) TO THE EXTENT PRACTICABLE, EACH ASSEMBLY DISTRICT SHALL BE ENTIRE-
LY WITHIN A SINGLE SENATE DISTRICT, AND TO THE  EXTENT  CONSISTENT  WITH
THE  PROVISIONS  OF  PARAGRAPH  FOUR  OF  THIS  SUBDIVISION, NO ASSEMBLY
DISTRICT SHALL BE WITHIN MORE THAN TWO SENATE DISTRICTS; AND
  (8) TO THE EXTENT CONSISTENT WITH THE PROVISIONS OF PARAGRAPH FOUR  OF
THIS  SUBDIVISION,  NO  SENATE  DISTRICT  SHALL  INCLUDE MORE THAN THREE
ASSEMBLY DISTRICTS.
  S 2. This act shall take effect immediately.