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

                                  7014

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2013
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  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 16 of the laws of 2012, is amended to read as follows:
  b. It is intended that this article and the districts described there-
in  completely  encompass  all  the area within the 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 and] contain all inhabitants in this state, based on
the Federal Census of two thousand ten,  as  adjusted  pursuant  to  the
provisions of part XX of chapter fifty-seven of the laws of two thousand
ten  AND  EACH  FEDERAL CENSUS TAKEN DECENNIALLY THEREAFTER.  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 ACCORDANCE 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  EFFEC-
TIVE  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.
                                                           LBD02623-01-3

              

A. 7014                             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.