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

                                  1866

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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;

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

              

S. 1866                             2

  (2) BE OF SUBSTANTIAL EQUALITY OF POPULATION WITH OTHER CONGRESSIONAL,
SENATE  AND  ASSEMBLY  DISTRICTS, PROVIDED THAT, FOR SENATE AND ASSEMBLY
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.