S T A T E   O F   N E W   Y O R K
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                                  2086

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. SILVER, WEINSTEIN, ENGLEBRIGHT, CUSICK -- Multi-
  Sponsored by -- M. of A. GALEF, MILLER, MONTESANO,  MORELLE,  SCHIMEL,
  WEPRIN,  ZEBROWSKI  --  read  once  and  referred  to the Committee on
  Governmental Operations

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to article 3 of the constitution, in relation  to
  the establishment of the independent redistricting commission

  Section  1.  Resolved (if the Senate concur), That sections 4 and 5 of
article 3 of the constitution be amended, and a new section 5-b be added
to read as follows:
  S 4. (A) Except as herein otherwise provided, the federal census taken
in the year nineteen hundred thirty and each federal census taken decen-
nially thereafter shall be controlling as to the number  of  inhabitants
in  the  state or any part thereof for the purposes of the apportionment
of members of assembly and readjustment  or  alteration  of  senate  and
assembly  districts  next  occurring,  in  so far as such census and the
tabulation thereof purport to give the information  necessary  therefor.
The  legislature, by law, shall provide for the making and tabulation by
state authorities of an enumeration of the  inhabitants  of  the  entire
state  to be used for such purposes, instead of a federal census, if the
taking of a federal census in any tenth  year  from  the  year  nineteen
hundred  thirty  be  omitted  or if the federal census fails to show the
number of aliens or Indians not  taxed.  If  a  federal  census,  though
giving the requisite information as to the state at large, fails to give
the  information  as  to  any  civil  or  territorial divisions which is
required to be known for such purposes, the legislature, by  law,  shall
provide  for such an enumeration of the inhabitants of such parts of the
state only as may be necessary, which shall supersede in part the feder-
al census and be used in connection therewith for such  purposes.    The
legislature, by law, may provide in its discretion for an enumeration by
state  authorities  of the inhabitants of the state, to be used for such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD89085-01-3

A. 2086                             2

purposes, in place of a federal census, when the return of  a  decennial
federal  census  is delayed so that it is not available at the beginning
of the regular session of the legislature in the second year  after  the
year nineteen hundred thirty or after any tenth year therefrom, or if an
apportionment  of  members of assembly and readjustment or alteration of
senate districts is not made at or before such a session. At the regular
session in the year nineteen hundred thirty-two, and at the first  regu-
lar  session  after the year nineteen hundred forty and after each tenth
year therefrom the senate districts shall be readjusted or altered,  but
if,  in  any  decade, counting from and including that which begins with
the year nineteen hundred thirty-one, such a readjustment or  alteration
is  not  made at the time above prescribed, it shall be made at a subse-
quent session occurring not later than the sixth year  of  such  decade,
meaning  not  later  than  nineteen hundred thirty-six, nineteen hundred
forty-six, nineteen hundred fifty-six, and  so  on;  provided,  however,
that  if  such districts shall have been readjusted or altered by law in
either of the years nineteen hundred thirty or nineteen hundred  thirty-
one,  they  shall remain unaltered until the first regular session after
the year nineteen hundred forty. [Such districts shall be so  readjusted
or  altered  that each senate district shall contain as nearly as may be
an equal number of inhabitants, excluding aliens, and be in  as  compact
form  as practicable, and shall remain unaltered until the first year of
the next decade as above defined, and shall  at  all  times  consist  of
contiguous territory, and no county shall be divided in the formation of
a  senate district except to make two or more senate districts wholly in
such county.] No town, except a town having more than a  full  ratio  of
apportionment,  and  no  block  in  a city inclosed by streets or public
ways, shall be divided in the formation of senate districts[; nor  shall
any].  IN  THE  REAPPORTIONMENT  OF  SENATE DISTRICTS, NO district SHALL
contain a greater excess in population over an adjoining district in the
same county, than the population of a town or  block  therein  adjoining
such district. Counties, towns or blocks which, from their location, may
be  included  in  either of two districts, shall be so placed as to make
said districts most nearly equal in  number  of  inhabitants,  excluding
aliens.
  No county shall have four or more senators unless it shall have a full
ratio  for each senator. No county shall have more than one-third of all
the senators; and no two counties or the territory thereof as now organ-
ized, which are adjoining counties,  or  which  are  separated  only  by
public waters, shall have more than one-half of all the senators.
  (B)  THE  INDEPENDENT REDISTRICTING COMMISSION ESTABLISHED PURSUANT TO
SECTION FIVE-B OF THIS ARTICLE SHALL PREPARE  A  REDISTRICTING  PLAN  TO
ESTABLISH  SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS EVERY TEN YEARS
COMMENCING IN TWO THOUSAND TWENTY-ONE, AND SHALL SUBMIT TO THE  LEGISLA-
TURE  SUCH  PLAN  AND THE IMPLEMENTING LEGISLATION THEREFOR ON OR BEFORE
JANUARY FIRST OR AS SOON AS PRACTICABLE THEREAFTER  BUT  NO  LATER  THAN
JANUARY  FIFTEENTH  IN  THE YEAR ENDING IN TWO BEGINNING IN TWO THOUSAND
TWENTY-TWO.  THE REDISTRICTING PLANS FOR THE  ASSEMBLY  AND  THE  SENATE
SHALL  BE  CONTAINED  IN  AND  VOTED UPON BY THE LEGISLATURE IN A SINGLE
BILL, AND THE CONGRESSIONAL DISTRICT PLAN MAY BE INCLUDED  IN  THE  SAME
BILL  IF THE LEGISLATURE CHOOSES TO DO SO.  THE IMPLEMENTING LEGISLATION
SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY THE SENATE  OR  THE  ASSEMBLY
AND  IF  APPROVED  BY  THE  FIRST HOUSE VOTING UPON IT, SUCH LEGISLATION
SHALL BE DELIVERED TO THE OTHER HOUSE IMMEDIATELY TO BE VOTED UPON WITH-
OUT AMENDMENT.  IF APPROVED BY BOTH HOUSES, SUCH  LEGISLATION  SHALL  BE
PRESENTED TO THE GOVERNOR FOR ACTION.

A. 2086                             3

  IF EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION IMPLEMENTING THE
FIRST  REDISTRICTING  PLAN,  OR THE GOVERNOR SHALL VETO SUCH LEGISLATION
AND THE LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO, EACH HOUSE OR  THE
GOVERNOR  IF  HE OR SHE VETOES IT, SHALL NOTIFY THE COMMISSION THAT SUCH
LEGISLATION HAS BEEN DISAPPROVED.  WITHIN FIFTEEN DAYS OF SUCH NOTIFICA-
TION AND IN NO CASE LATER THAN FEBRUARY TWENTY-EIGHTH, THE REDISTRICTING
COMMISSION  SHALL  PREPARE AND SUBMIT TO THE LEGISLATURE A SECOND REDIS-
TRICTING PLAN AND THE NECESSARY IMPLEMENTING LEGISLATION FOR SUCH  PLAN.
SUCH  LEGISLATION  SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY THE SENATE
OR THE ASSEMBLY AND, IF APPROVED BY THE FIRST HOUSE VOTING UPON IT, SUCH
LEGISLATION SHALL BE DELIVERED TO THE  OTHER  HOUSE  IMMEDIATELY  TO  BE
VOTED  UPON  WITHOUT AMENDMENT.  IF APPROVED BY BOTH HOUSES, SUCH LEGIS-
LATION SHALL BE PRESENTED TO THE GOVERNOR FOR ACTION.
  IF EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION IMPLEMENTING THE
SECOND REDISTRICTING PLAN, OR THE GOVERNOR SHALL VETO  SUCH  LEGISLATION
AND  THE  LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO, EACH HOUSE SHALL
INTRODUCE SUCH IMPLEMENTING LEGISLATION WITH ANY AMENDMENTS  EACH  HOUSE
OF  THE  LEGISLATURE DEEMS NECESSARY.   ALL SUCH AMENDMENTS SHALL COMPLY
WITH THE PROVISIONS OF THIS ARTICLE.  IF APPROVED BY BOTH  HOUSES,  SUCH
LEGISLATION SHALL BE PRESENTED TO THE GOVERNOR FOR ACTION.
  ALL  VOTES  BY THE SENATE OR ASSEMBLY ON ANY REDISTRICTING PLAN LEGIS-
LATION PURSUANT TO THIS ARTICLE SHALL BE CONDUCTED  IN  ACCORDANCE  WITH
THE FOLLOWING RULES:
  (1)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL  PARTIES,
APPROVAL  OF  LEGISLATION  SUBMITTED  BY  THE  INDEPENDENT REDISTRICTING
COMMISSION PURSUANT TO SUBDIVISION (F) OF SECTION FIVE-B OF THIS ARTICLE
SHALL REQUIRE THE VOTE IN SUPPORT OF ITS PASSAGE BY AT LEAST A  MAJORITY
OF THE MEMBERS ELECTED TO EACH HOUSE.
  (2)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL  PARTIES,
APPROVAL  OF  LEGISLATION  SUBMITTED  BY  THE  INDEPENDENT REDISTRICTING
COMMISSION PURSUANT TO SUBDIVISION (G) OF SECTION FIVE-B OF THIS ARTICLE
SHALL REQUIRE THE VOTE IN SUPPORT OF  ITS  PASSAGE  BY  AT  LEAST  SIXTY
PERCENT OF THE MEMBERS ELECTED TO EACH HOUSE.
  (3)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE  SENATE  ARE  MEMBERS  OF  THE  SAME  POLITICAL  PARTY,
APPROVAL  OF  LEGISLATION  SUBMITTED  BY  THE  INDEPENDENT REDISTRICTING
COMMISSION PURSUANT TO SUBDIVISION (F) OR (G) OF SECTION FIVE-B OF  THIS
ARTICLE  SHALL  REQUIRE  THE  VOTE IN SUPPORT OF ITS PASSAGE BY AT LEAST
TWO-THIRDS OF THE MEMBERS ELECTED TO EACH HOUSE.
  (C) SUBJECT TO THE REQUIREMENTS OF THE FEDERAL CONSTITUTION AND  STAT-
UTES  AND  IN  COMPLIANCE  WITH  STATE  CONSTITUTIONAL REQUIREMENTS, THE
FOLLOWING PRINCIPLES SHALL BE USED IN THE CREATION OF STATE  SENATE  AND
STATE ASSEMBLY DISTRICTS AND CONGRESSIONAL DISTRICTS:
  (1) WHEN DRAWING DISTRICT LINES, THE COMMISSION SHALL CONSIDER WHETHER
SUCH  LINES  WOULD  RESULT  IN  THE  DENIAL  OR ABRIDGEMENT OF RACIAL OR
LANGUAGE MINORITY VOTING RIGHTS, AND DISTRICTS SHALL  NOT  BE  DRAWN  TO
HAVE THE PURPOSE OF, NOR SHALL THEY RESULT IN, THE DENIAL OR ABRIDGEMENT
OF  SUCH RIGHTS. DISTRICTS SHALL BE DRAWN SO THAT, BASED ON THE TOTALITY
OF THE CIRCUMSTANCES, RACIAL OR MINORITY LANGUAGE  GROUPS  DO  NOT  HAVE
LESS  OPPORTUNITY  TO  PARTICIPATE  IN  THE POLITICAL PROCESS THAN OTHER
MEMBERS OF THE ELECTORATE AND TO ELECT REPRESENTATIVES OF THEIR CHOICE.
  (2) TO THE EXTENT PRACTICABLE, DISTRICTS SHALL CONTAIN  AS  NEARLY  AS
MAY  BE AN EQUAL NUMBER OF INHABITANTS.  FOR EACH DISTRICT THAT DEVIATES

A. 2086                             4

FROM THIS REQUIREMENT, THE COMMISSION SHALL PROVIDE  A  SPECIFIC  PUBLIC
EXPLANATION AS TO WHY SUCH DEVIATION EXISTS.
  (3) EACH DISTRICT SHALL CONSIST OF CONTIGUOUS TERRITORY.
  (4) EACH DISTRICT SHALL BE AS COMPACT IN FORM AS PRACTICABLE.
  (5)  DISTRICTS SHALL NOT BE DRAWN TO DISCOURAGE COMPETITION OR FOR THE
PURPOSE OF FAVORING OR DISFAVORING INCUMBENTS OR OTHER PARTICULAR CANDI-
DATES OR POLITICAL PARTIES. THE COMMISSION SHALL  CONSIDER  THE  MAINTE-
NANCE OF CORES OF EXISTING DISTRICTS, OF PRE-EXISTING POLITICAL SUBDIVI-
SIONS,  INCLUDING  COUNTIES,  CITIES,  AND  TOWNS, AND OF COMMUNITIES OF
INTEREST.
  (6) IN DRAWING SENATE DISTRICTS, TOWNS OR  BLOCKS  WHICH,  FROM  THEIR
LOCATION  MAY BE INCLUDED IN EITHER OF TWO DISTRICTS, SHALL BE SO PLACED
AS TO MAKE SAID DISTRICTS MOST NEARLY EQUAL IN  NUMBER  OF  INHABITANTS.
THE  REQUIREMENTS THAT SENATE DISTRICTS NOT DIVIDE COUNTIES OR TOWNS, AS
WELL AS THE 'BLOCK-ON-BORDER' AND 'TOWN-ON-BORDER' RULES,  SHALL  REMAIN
IN EFFECT.
  DURING  THE  PREPARATION  OF  THE  REDISTRICTING PLAN, THE INDEPENDENT
REDISTRICTING COMMISSION SHALL CONDUCT NOT LESS THAN ONE PUBLIC  HEARING
ON  PROPOSALS  FOR THE REDISTRICTING OF CONGRESSIONAL AND STATE LEGISLA-
TIVE DISTRICTS IN EACH OF THE FOLLOWING  (I)  CITIES:  ALBANY,  BUFFALO,
SYRACUSE,  ROCHESTER, AND WHITE PLAINS; AND (II) COUNTIES: BRONX, KINGS,
NEW YORK, QUEENS, RICHMOND, NASSAU, AND  SUFFOLK.  NOTICE  OF  ALL  SUCH
HEARINGS  SHALL  BE  WIDELY PUBLISHED USING THE BEST AVAILABLE MEANS AND
MEDIA A REASONABLE TIME BEFORE EVERY HEARING. AT LEAST THIRTY DAYS PRIOR
TO THE FIRST PUBLIC HEARING AND IN ANY EVENT  NO  LATER  THAN  SEPTEMBER
FIFTEENTH  OF THE YEAR ENDING IN ONE OR AS SOON AS PRACTICABLE THEREAFT-
ER, THE INDEPENDENT REDISTRICTING COMMISSION SHALL MAKE WIDELY AVAILABLE
TO THE PUBLIC, IN PRINT FORM AND USING THE  BEST  AVAILABLE  TECHNOLOGY,
ITS  DRAFT  REDISTRICTING PLANS, RELEVANT DATA, AND RELATED INFORMATION.
SUCH PLANS, DATA, AND INFORMATION SHALL BE IN A  FORM  THAT  ALLOWS  AND
FACILITATES THEIR USE BY THE PUBLIC TO REVIEW, ANALYZE, AND COMMENT UPON
SUCH  PLANS AND TO DEVELOP ALTERNATIVE REDISTRICTING PLANS FOR PRESENTA-
TION TO THE COMMISSION AT THE PUBLIC HEARINGS.  THE  INDEPENDENT  REDIS-
TRICTING  COMMISSION  SHALL  REPORT THE FINDINGS OF ALL SUCH HEARINGS TO
THE LEGISLATURE UPON SUBMISSION OF A REDISTRICTING PLAN.
  (D) The ratio for apportioning senators shall always  be  obtained  by
dividing  the number of inhabitants, excluding aliens, by fifty, and the
senate shall always be composed of fifty members,  except  that  if  any
county  having  three  or more senators at the time of any apportionment
shall be entitled on such ratio to an additional  senator  or  senators,
such  additional  senator  or  senators shall be given to such county in
addition to the fifty senators, and the whole number of  senators  shall
be increased to that extent.
  The  senate  districts,  including the present ones, as existing imme-
diately before the enactment of a law readjusting or altering the senate
districts, shall continue to be the senate districts of the state  until
the  expirations of the terms of the senators then in office, except for
the purpose of an election of senators for full terms beginning at  such
expirations, and for the formation of assembly districts.
  (E)  THE PROCESS FOR REDISTRICTING CONGRESSIONAL AND STATE LEGISLATIVE
DISTRICTS ESTABLISHED BY THIS SECTION AND SECTIONS FIVE  AND  FIVE-B  OF
THIS  ARTICLE  SHALL  GOVERN  REDISTRICTING  IN THIS STATE EXCEPT TO THE
EXTENT THAT A COURT IS REQUIRED TO ORDER THE ADOPTION OF, OR CHANGES TO,
A REDISTRICTING PLAN AS A REMEDY FOR A VIOLATION OF LAW.
  A REAPPORTIONMENT PLAN AND THE DISTRICTS CONTAINED IN SUCH PLAN  SHALL
BE IN FORCE UNTIL THE EFFECTIVE DATE OF A PLAN BASED UPON THE SUBSEQUENT

A. 2086                             5

FEDERAL  DECENNIAL CENSUS TAKEN IN A YEAR ENDING IN ZERO UNLESS MODIFIED
PURSUANT TO COURT ORDER.
  S  5.  The members of the assembly shall be chosen by single districts
and shall be apportioned [by the legislature] PURSUANT TO  THIS  SECTION
AND  SECTIONS FOUR AND FIVE-B OF THIS ARTICLE at each regular session at
which the senate districts are readjusted or altered, and  by  the  same
law,  among  the  several  counties  of  the  state, as nearly as may be
according to the  number  of  their  respective  inhabitants,  excluding
aliens.  Every  county  heretofore established and separately organized,
except the county of Hamilton, shall always be entitled to one member of
assembly, and no county shall hereafter be erected unless its population
shall entitle it to a member. The county of Hamilton  shall  elect  with
the  county  of  Fulton,  until the population of the county of Hamilton
shall, according to the ratio, entitle it to a member. But the  legisla-
ture  may  abolish  the  said county of Hamilton and annex the territory
thereof to some other county or counties.
  The quotient obtained by dividing the whole number of  inhabitants  of
the state, excluding aliens, by the number of members of assembly, shall
be  the  ratio  for  apportionment,  which shall be made as follows: One
member of assembly shall  be  apportioned  to  every  county,  including
Fulton  and  Hamilton  as one county, containing less than the ratio and
one-half over. Two members shall be apportioned to every  other  county.
The  remaining  members of assembly shall be apportioned to the counties
having more than two ratios according  to  the  number  of  inhabitants,
excluding aliens. Members apportioned on remainders shall be apportioned
to  the  counties  having  the  highest  remainders in the order thereof
respectively. No county shall have more members of assembly than a coun-
ty having a greater number of inhabitants, excluding aliens.
  The assembly districts, including the present ones, as existing  imme-
diately before the enactment of a law making an apportionment of members
of  assembly  among  the  counties,  shall  continue  to be the assembly
districts of the state until the expiration of the terms of members then
in office, except for the purpose of an election of members of  assembly
for full terms beginning at such expirations.
  In  any county entitled to more than one member, the board of supervi-
sors, and in any city embracing an entire county and having no board  of
supervisors,  the common council, or if there be none, the body exercis-
ing the powers of a common council, shall assemble at such times as  the
legislature  making  an  apportionment  shall prescribe, and divide such
counties into assembly districts as nearly equal in number  of  inhabit-
ants, excluding aliens, as may be, of convenient and contiguous territo-
ry  in  as  compact  form  as practicable, each of which shall be wholly
within a senate district formed under the same apportionment,  equal  to
the  number  of  members of assembly to which such county shall be enti-
tled, and shall cause to be filed in the  office  of  the  secretary  of
state  and of the clerk of such county, a description of such districts,
specifying the number of each district and of the  inhabitants  thereof,
excluding  aliens,  according  to  the census or enumeration used as the
population basis for the formation of such districts;  and  such  appor-
tionment and districts shall remain unaltered until after the next reap-
portionment of members of assembly, except that the board of supervisors
of  any  county containing a town having more than a ratio of apportion-
ment and one-half over may alter the  assembly  districts  in  a  senate
district  containing  such  town  at  any time on or before March first,
nineteen hundred forty-six. In counties  having  more  than  one  senate
district,  the  same  number  of assembly districts shall be put in each

A. 2086                             6

senate district, unless the assembly districts cannot be evenly  divided
among  the senate districts of any county, in which case one more assem-
bly district shall be put in the senate district in such  county  having
the  largest,  or  one less assembly district shall be put in the senate
district in such county  having  the  smallest  number  of  inhabitants,
excluding  aliens,  as  the  case  may  require. [No town, except a town
having more than a ratio of apportionment  and  one-half  over,  and  no
block  in a city inclosed by streets or public ways, shall be divided in
the formation of assembly districts, nor shall any districts  contain  a
greater  excess  in  population  over  an adjoining district in the same
senate district, than the population of a town or block therein  adjoin-
ing  such  assembly district. Towns or blocks which, from their location
may be included in either of two districts, shall be  so  placed  as  to
make  said districts most nearly equal in number of inhabitants, exclud-
ing aliens.] Nothing in this section shall prevent the division, at  any
time,  of counties and towns and the erection of new towns by the legis-
lature.
  An apportionment by the legislature, or other body, shall  be  subject
to  review  by the supreme court, at the suit of any citizen, under such
reasonable regulations as the legislature may prescribe; and  any  court
before  which  a  cause may be pending involving an apportionment, shall
give precedence thereto over all other causes and  proceedings,  and  if
said  court be not in session it shall convene promptly for the disposi-
tion of the same.  THE COURT SHALL RENDER ITS DECISION WITHIN SIXTY DAYS
AFTER A PETITION IS FILED. IN ANY JUDICIAL PROCEEDING RELATING TO REDIS-
TRICTING OF CONGRESSIONAL OR STATE LEGISLATIVE DISTRICTS, ANY LAW ESTAB-
LISHING CONGRESSIONAL OR STATE LEGISLATIVE DISTRICTS  FOUND  TO  VIOLATE
THE  PROVISIONS OF THIS ARTICLE SHALL BE INVALID IN WHOLE OR IN PART. IN
THE EVENT THAT A COURT FINDS SUCH A  VIOLATION,  THE  LEGISLATURE  SHALL
HAVE  A  FULL  AND  REASONABLE  OPPORTUNITY  TO  CORRECT THE LAW'S LEGAL
INFIRMITIES.
  S 5-B. (A) ON OR BEFORE FEBRUARY FIRST OF EACH YEAR ENDING WITH A ZERO
AND AT ANY OTHER TIME A COURT ORDERS THAT CONGRESSIONAL OR STATE  LEGIS-
LATIVE  DISTRICTS  BE  AMENDED,  AN INDEPENDENT REDISTRICTING COMMISSION
SHALL BE ESTABLISHED TO DETERMINE THE DISTRICT LINES  FOR  CONGRESSIONAL
AND  STATE LEGISLATIVE OFFICES. THE INDEPENDENT REDISTRICTING COMMISSION
SHALL BE COMPOSED OF TEN MEMBERS, APPOINTED AS FOLLOWS:
  (1) TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
SENATE;
  (2) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (3)  TWO  MEMBERS  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
SENATE;
  (4) TWO MEMBERS SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
ASSEMBLY;
  (5)  TWO  MEMBERS  SHALL  BE  APPOINTED BY THE EIGHT MEMBERS APPOINTED
PURSUANT TO PARAGRAPHS (1) THROUGH (4) OF THIS SUBDIVISION BY A VOTE  OF
NOT  LESS  THAN FIVE MEMBERS IN FAVOR OF SUCH APPOINTMENT, AND THESE TWO
MEMBERS SHALL NOT HAVE BEEN ENROLLED IN  THE  PRECEDING  FIVE  YEARS  IN
EITHER  OF  THE TWO POLITICAL PARTIES THAT CONTAIN THE LARGEST OR SECOND
LARGEST NUMBER OF ENROLLED VOTERS WITHIN THE STATE;
  (6) ONE MEMBER SHALL BE DESIGNATED CHAIR OF THE COMMISSION BY A MAJOR-
ITY OF THE MEMBERS APPOINTED PURSUANT TO PARAGRAPHS (1) THROUGH  (5)  OF
THIS SUBDIVISION TO CONVENE AND PRESIDE OVER EACH MEETING OF THE COMMIS-
SION.

A. 2086                             7

  (B)  THE  MEMBERS OF THE INDEPENDENT REDISTRICTING COMMISSION SHALL BE
REGISTERED VOTERS IN THIS STATE. NO MEMBER SHALL WITHIN THE  LAST  THREE
YEARS:
  (1)  BE  OR  HAVE  BEEN  A MEMBER OF THE NEW YORK STATE LEGISLATURE OR
UNITED STATES CONGRESS OR A STATEWIDE ELECTED OFFICIAL;
  (2) BE OR HAVE BEEN A STATE OFFICER OR EMPLOYEE OR LEGISLATIVE EMPLOY-
EE AS DEFINED IN SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW;
  (3) BE OR HAVE BEEN A REGISTERED LOBBYIST IN NEW YORK STATE;
  (4) BE OR HAVE BEEN A POLITICAL PARTY CHAIRMAN, AS  DEFINED  IN  PARA-
GRAPH  (K)  OF  SUBDIVISION  ONE  OF SECTION SEVENTY-THREE OF THE PUBLIC
OFFICERS LAW;
  (5) BE THE SPOUSE OF A STATEWIDE ELECTED OFFICIAL OR OF ANY MEMBER  OF
THE UNITED STATES CONGRESS, OR OF THE STATE LEGISLATURE.
  (C)  TO  THE EXTENT PRACTICABLE, THE MEMBERS OF THE INDEPENDENT REDIS-
TRICTING COMMISSION SHALL REFLECT THE DIVERSITY OF THE RESIDENTS OF THIS
STATE WITH REGARD TO RACE, ETHNICITY, GENDER, LANGUAGE,  AND  GEOGRAPHIC
RESIDENCE AND TO THE EXTENT PRACTICABLE THE APPOINTING AUTHORITIES SHALL
CONSULT  WITH  ORGANIZATIONS  DEVOTED TO PROTECTING THE VOTING RIGHTS OF
MINORITY AND OTHER VOTERS CONCERNING POTENTIAL APPOINTEES TO THE COMMIS-
SION.
  (D) VACANCIES IN THE MEMBERSHIP OF  THE  COMMISSION  SHALL  BE  FILLED
WITHIN  THIRTY  DAYS IN THE MANNER PROVIDED FOR IN THE ORIGINAL APPOINT-
MENTS.
  (E) THE LEGISLATURE SHALL PROVIDE BY LAW FOR THE COMPENSATION  OF  THE
MEMBERS  OF  THE INDEPENDENT REDISTRICTING COMMISSION, INCLUDING COMPEN-
SATION FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE  OF
THEIR DUTIES.
  (F) A MINIMUM OF FIVE MEMBERS OF THE INDEPENDENT REDISTRICTING COMMIS-
SION  SHALL  CONSTITUTE  A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR
THE EXERCISE OF ANY POWER OF SUCH COMMISSION PRIOR TO THE APPOINTMENT OF
THE TWO COMMISSION MEMBERS APPOINTED PURSUANT TO PARAGRAPH (5) OF SUBDI-
VISION (A) OF THIS SECTION, AND A MINIMUM OF SEVEN MEMBERS SHALL CONSTI-
TUTE A QUORUM AFTER SUCH MEMBERS HAVE BEEN APPOINTED, AND NO EXERCISE OF
ANY POWER OF THE INDEPENDENT REDISTRICTING COMMISSION SHALL OCCUR  WITH-
OUT THE AFFIRMATIVE VOTE OF AT LEAST A MAJORITY OF THE MEMBERS, PROVIDED
THAT, IN ORDER TO APPROVE ANY REDISTRICTING PLAN AND IMPLEMENTING LEGIS-
LATION, THE FOLLOWING RULES SHALL APPLY:
  (1)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE  SENATE  ARE  MEMBERS  OF  THE  SAME  POLITICAL  PARTY,
APPROVAL  OF  A  REDISTRICTING  PLAN AND IMPLEMENTING LEGISLATION BY THE
COMMISSION FOR SUBMISSION TO THE LEGISLATURE SHALL REQUIRE THE  VOTE  IN
SUPPORT OF ITS APPROVAL BY AT LEAST SEVEN MEMBERS INCLUDING AT LEAST ONE
MEMBER APPOINTED BY EACH OF THE LEGISLATIVE LEADERS.
  (2)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL  PARTIES,
APPROVAL OF A REDISTRICTING PLAN BY THE COMMISSION FOR SUBMISSION TO THE
LEGISLATURE  SHALL  REQUIRE  THE  VOTE  IN SUPPORT OF ITS APPROVAL BY AT
LEAST SEVEN MEMBERS INCLUDING AT  LEAST  ONE  MEMBER  APPOINTED  BY  THE
SPEAKER OF THE ASSEMBLY AND ONE MEMBER APPOINTED BY THE TEMPORARY PRESI-
DENT OF THE SENATE.
  (G)  IN  THE EVENT THAT THE COMMISSION IS UNABLE TO OBTAIN SEVEN VOTES
TO APPROVE A REDISTRICTING PLAN ON OR BEFORE JANUARY FIRST IN  THE  YEAR
ENDING IN TWO OR AS SOON AS PRACTICABLE THEREAFTER, THE COMMISSION SHALL
SUBMIT  TO  THE  LEGISLATURE  THAT  REDISTRICTING  PLAN AND IMPLEMENTING
LEGISLATION THAT GARNERED THE HIGHEST NUMBER OF VOTES IN SUPPORT OF  ITS
APPROVAL  BY  THE  COMMISSION  WITH A RECORD OF THE VOTES TAKEN.  IN THE

A. 2086                             8

EVENT THAT MORE THAN ONE PLAN RECEIVED THE  SAME  NUMBER  OF  VOTES  FOR
APPROVAL,  AND SUCH NUMBER WAS HIGHER THAN THAT FOR ANY OTHER PLAN, THEN
THE COMMISSION SHALL SUBMIT ALL  PLANS  THAT  OBTAINED  SUCH  NUMBER  OF
VOTES.    THE LEGISLATURE SHALL CONSIDER AND VOTE UPON SUCH IMPLEMENTING
LEGISLATION IN ACCORDANCE WITH THE VOTING RULES SET FORTH IN SUBDIVISION
(B) OF SECTION FOUR OF THIS ARTICLE.
  (H) (1) THE INDEPENDENT REDISTRICTING  COMMISSION  SHALL  APPOINT  TWO
CO-EXECUTIVE  DIRECTORS  BY A MAJORITY VOTE OF THE COMMISSION IN ACCORD-
ANCE WITH THE FOLLOWING PROCEDURE:
  (I) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY  AND  THE  TEMPORARY
PRESIDENT  OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL PARTIES,
THE CO-EXECUTIVE DIRECTORS SHALL  BE  APPROVED  BY  A  MAJORITY  OF  THE
COMMISSION  THAT  INCLUDES  AT LEAST ONE APPOINTEE BY THE SPEAKER OF THE
ASSEMBLY AND AT LEAST ONE APPOINTEE BY THE TEMPORARY  PRESIDENT  OF  THE
SENATE.
  (II)  IN  THE EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE ARE MEMBERS OF THE  SAME  POLITICAL  PARTY,  THE
CO-EXECUTIVE DIRECTORS SHALL BE APPROVED BY A MAJORITY OF THE COMMISSION
THAT INCLUDES AT LEAST ONE APPOINTEE BY EACH OF THE LEGISLATIVE LEADERS.
  (2)  ONE  OF THE CO-EXECUTIVE DIRECTORS SHALL BE ENROLLED IN THE POLI-
TICAL PARTY WITH THE HIGHEST NUMBER OF ENROLLED MEMBERS IN THE STATE AND
ONE SHALL BE ENROLLED IN THE POLITICAL PARTY  WITH  THE  SECOND  HIGHEST
NUMBER  OF  ENROLLED  MEMBERS  IN  THE STATE. THE CO-EXECUTIVE DIRECTORS
SHALL APPOINT SUCH STAFF AS ARE NECESSARY TO  PERFORM  THE  COMMISSION'S
DUTIES, EXCEPT THAT THE COMMISSION SHALL REVIEW A STAFFING PLAN PREPARED
AND PROVIDED BY THE CO-EXECUTIVE DIRECTORS WHICH SHALL CONTAIN A LIST OF
THE VARIOUS POSITIONS AND THE DUTIES, QUALIFICATIONS, AND SALARIES ASSO-
CIATED WITH EACH POSITION.
  (3)  IN THE EVENT THAT THE COMMISSION IS UNABLE TO APPOINT ONE OR BOTH
OF THE CO-EXECUTIVE DIRECTORS WITHIN FORTY-FIVE DAYS OF  THE  ESTABLISH-
MENT  OF  A QUORUM OF SEVEN COMMISSIONERS, THE FOLLOWING PROCEDURE SHALL
BE FOLLOWED:
  (I) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY  AND  THE  TEMPORARY
PRESIDENT  OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL PARTIES,
WITHIN TEN DAYS THE SPEAKER'S APPOINTEES ON THE COMMISSION SHALL APPOINT
ONE CO-EXECUTIVE DIRECTOR, AND THE TEMPORARY PRESIDENT'S  APPOINTEES  ON
THE COMMISSION SHALL APPOINT THE OTHER CO-EXECUTIVE DIRECTOR. ALSO WITH-
IN TEN DAYS THE MINORITY LEADER OF THE ASSEMBLY SHALL SELECT A CO-DEPUTY
EXECUTIVE  DIRECTOR,  AND THE MINORITY LEADER OF THE SENATE SHALL SELECT
THE OTHER CO-DEPUTY EXECUTIVE DIRECTOR.
  (II) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY AND  THE  TEMPORARY
PRESIDENT  OF THE SENATE ARE MEMBERS OF THE SAME POLITICAL PARTY, WITHIN
TEN DAYS THE SPEAKER'S  AND  TEMPORARY  PRESIDENT'S  APPOINTEES  ON  THE
COMMISSION SHALL TOGETHER APPOINT ONE CO-EXECUTIVE DIRECTOR, AND THE TWO
MINORITY  LEADERS'  APPOINTEES  ON THE COMMISSION SHALL TOGETHER APPOINT
THE OTHER CO-EXECUTIVE DIRECTOR.
  (4) IN THE EVENT OF A VACANCY IN THE OFFICES OF CO-EXECUTIVE  DIRECTOR
OR CO-DEPUTY EXECUTIVE DIRECTOR, THE POSITION SHALL BE FILLED WITHIN TEN
DAYS  OF  ITS OCCURRENCE BY THE SAME APPOINTING AUTHORITY OR AUTHORITIES
THAT APPOINTED HIS OR HER PREDECESSOR.
  (I) THE STATE BUDGET SHALL INCLUDE NECESSARY  APPROPRIATIONS  FOR  THE
EXPENSES  OF  THE  INDEPENDENT  REDISTRICTING  COMMISSION,  PROVIDE  FOR
COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE MEMBERS AND STAFF  OF
THE  COMMISSION, ASSIGN TO THE COMMISSION ANY ADDITIONAL DUTIES THAT THE
LEGISLATURE MAY DEEM NECESSARY TO THE PERFORMANCE OF THE  DUTIES  STIPU-
LATED  IN  THIS ARTICLE, AND REQUIRE OTHER AGENCIES AND OFFICIALS OF THE

A. 2086                             9

STATE OF NEW YORK AND ITS POLITICAL SUBDIVISIONS TO PROVIDE SUCH  INFOR-
MATION  AND  ASSISTANCE  AS  THE  COMMISSION  MAY REQUIRE TO PERFORM ITS
DUTIES.
  S  2. Resolved (if the Senate concur), That the foregoing amendment be
submitted to the people for approval at the general election to be  held
in the year 2014 in accordance with the provisions of the election law.