Bill Text: NY A07014 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the apportionment of senate and assembly districts in the state; requires the population equality of such districts to be within one percent standard deviation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to governmental operations [A07014 Detail]

Download: New_York-2013-A07014-Introduced.html

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                           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:
    1    Section 1. Subdivision b of section 127 of the state law, as added  by
    2  chapter 16 of the laws of 2012, is amended to read as follows:
    3    b. It is intended that this article and the districts described there-
    4  in  completely  encompass  all  the area within the state. It is further
    5  intended that the apportionment and districting provided  for  [in  this
    6  article  result  in  the  creation  of districts which are substantially
    7  equal in population and] contain all inhabitants in this state, based on
    8  the Federal Census of two thousand ten,  as  adjusted  pursuant  to  the
    9  provisions of part XX of chapter fifty-seven of the laws of two thousand
   10  ten  AND  EACH  FEDERAL CENSUS TAKEN DECENNIALLY THEREAFTER.  It is also
   11  intended that no district shall include any of the area included  within
   12  the  description of any other district.  DISTRICTS DESCRIBED WITHIN THIS
   13  ARTICLE SHALL BE IN ACCORDANCE WITH SECTION TWO OF ARTICLE  ONE  OF  THE
   14  UNITED  STATES  CONSTITUTION, SECTIONS FOUR AND FIVE OF ARTICLE THREE OF
   15  THE STATE CONSTITUTION AND IN A MANNER THAT ENSURES THE FAIR AND  EFFEC-
   16  TIVE  REPRESENTATION  FOR  ALL RESIDENTS OF THE STATE, INCLUDING RACIAL,
   17  ETHNIC AND LANGUAGE MINORITY GROUPS, AND ADHERE  TO  ALL  STANDARDS  AND
   18  PRACTICES  SET  FORTH IN THE FEDERAL VOTING RIGHTS ACT (42 U.S.C. SS1971
   19  ET. SEQ.) AND OTHER RELEVANT FEDERAL REGULATIONS. THE STATE  LEGISLATIVE
   20  DISTRICTS SHALL:
   21    (1)  BE  DRAWN TO KEEP INTACT WITHIN A SINGLE DISTRICT THOSE NEIGHBOR-
   22  HOODS AND COMMUNITIES WITH ESTABLISHED TIES OF COMMON INTEREST AND ASSO-
   23  CIATION, WHETHER HISTORICAL,  RACIAL,  ECONOMIC,  ETHNIC,  RELIGIOUS  OR
   24  OTHER;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02623-01-3
       A. 7014                             2
    1    (2) BE OF SUBSTANTIAL EQUALITY OF POPULATION WITH OTHER CONGRESSIONAL,
    2  SENATE  AND  ASSEMBLY  DISTRICTS, PROVIDED THAT, FOR SENATE AND ASSEMBLY
    3  DISTRICTS, NO SUCH DEVIATION SHALL EXCEED ONE  PERCENT  OF  THE  AVERAGE
    4  POPULATION OF ALL SENATE OR ASSEMBLY DISTRICTS;
    5    (3)  BE  COMPOSED  OF  COMPACT AND CONTIGUOUS TERRITORY, PROVIDED THAT
    6  LAND AREAS SEPARATED BY A WATERWAY SHALL NOT BE INCLUDED WITHIN THE SAME
    7  DISTRICT UNLESS SUCH WATERWAY IS TRAVERSED BY A HIGHWAY BRIDGE OR TUNNEL
    8  WHICH BEGINS AND TERMINATES WITHIN THE SAME SUCH DISTRICT, EXCEPT  THAT,
    9  POPULATION  PERMITTING, ISLANDS NOT CONNECTED TO THE MAINLAND OR ANOTHER
   10  ISLAND BY A HIGHWAY BRIDGE OR TUNNEL SHALL BE IN THE  SAME  DISTRICT  AS
   11  THE NEAREST LAND AREA WITHIN THE SAME POLITICAL SUBDIVISION;
   12    (4)  BE  DRAWN  SUCH  THAT  THE  NUMBER OF COUNTIES WHOSE TERRITORY IS
   13  DIVIDED AMONG MORE THAN ONE DISTRICT SHALL BE AS SMALL AS POSSIBLE  AND,
   14  WITHIN COUNTIES SO DIVIDED, THE NUMBER OF TOWNS AND CITIES DIVIDED AMONG
   15  MORE THAN ONE DISTRICT SHALL BE AS SMALL AS POSSIBLE;
   16    (5)  NOT  BE  DRAWN  WITH  AN  INTENT TO FAVOR OR OPPOSE ANY POLITICAL
   17  PARTY, ANY INCUMBENT FEDERAL OR STATE LEGISLATOR,  OR  ANY  PREVIOUS  OR
   18  PRESUMED CANDIDATE FOR OFFICE;
   19    (6)  TO  THE  EXTENT  PRACTICABLE, COINCIDE WITH CITY, TOWN AND COUNTY
   20  BOUNDARIES;
   21    (7) TO THE EXTENT PRACTICABLE, EACH ASSEMBLY DISTRICT SHALL BE ENTIRE-
   22  LY WITHIN A SINGLE SENATE DISTRICT, AND TO THE  EXTENT  CONSISTENT  WITH
   23  THE  PROVISIONS  OF  PARAGRAPH  FOUR  OF  THIS  SUBDIVISION, NO ASSEMBLY
   24  DISTRICT SHALL BE WITHIN MORE THAN TWO SENATE DISTRICTS; AND
   25    (8) TO THE EXTENT CONSISTENT WITH THE PROVISIONS OF PARAGRAPH FOUR  OF
   26  THIS  SUBDIVISION,  NO  SENATE  DISTRICT  SHALL  INCLUDE MORE THAN THREE
   27  ASSEMBLY DISTRICTS.
   28    S 2. This act shall take effect immediately.