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

                                  1731

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. ESPAILLAT, PERKINS -- read twice and ordered print-
  ed, and when printed to be committed  to  the  Committee  on  Investi-
  gations and Government 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02623-01-3
              

S. 1731                             2

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
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.