S T A T E   O F   N E W   Y O R K
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    S. 6736                                                  A. 9557

                      S E N A T E - A S S E M B L Y

                             March 15, 2012
                               ___________

IN  SENATE -- Introduced by Sens. SKELOS, NOZZOLIO -- (at request of the
  Governor) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Rules

IN  ASSEMBLY  --  Introduced by M. of A. SILVER, ENGLEBRIGHT, WEINSTEIN,
  McENENY, GALEF -- (at request  of  the  Governor)  --  read  once  and
  referred to the Committee on Governmental Operations

AN  ACT  to  amend  the legislative law, in relation to redistricting of
  congressional, senate and assembly districts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as the "Redis-
tricting Reform Act of 2012."
  S 2. The legislative law is amended by adding a  new  article  6-A  to
read as follows:
                               ARTICLE 6-A
                     REDISTRICTING OF CONGRESSIONAL
                     AND STATE LEGISLATIVE DISTRICTS
SECTION 93. REDISTRICTING.
        94. INDEPENDENT REDISTRICTING COMMISSION.
  S  93.  REDISTRICTING.  1.  THE  INDEPENDENT  REDISTRICTING COMMISSION
ESTABLISHED PURSUANT  TO  SECTION  NINETY-FOUR  OF  THIS  ARTICLE  SHALL
PREPARE A REDISTRICTING PLAN TO ESTABLISH SENATE, ASSEMBLY, AND CONGRES-
SIONAL  DISTRICTS EVERY TEN YEARS COMMENCING IN TWO THOUSAND TWENTY-ONE,
AND SHALL SUBMIT TO THE  LEGISLATURE  SUCH  PLAN  AND  THE  IMPLEMENTING
LEGISLATION  THEREFOR ON OR BEFORE JANUARY FIRST OR AS SOON AS PRACTICA-
BLE 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 WITHIN TEN DAYS OF THE PLAN'S SUBMISSION OR WITH-
IN TEN DAYS AFTER JANUARY FIRST IN A YEAR ENDING IN  TWO,  WHICHEVER  IS

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

                                                           LBD12110-11-2

S. 6736                             2                            A. 9557

LATER.  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,  WITHIN FIVE DAYS FROM DELIVERY. IF APPROVED BY BOTH
HOUSES,  SUCH  LEGISLATION SHALL BE PRESENTED TO THE GOVERNOR FOR ACTION
WITHIN THREE DAYS.
  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 WITHIN TEN DAYS OF
SUCH VETO, EACH HOUSE OR THE GOVERNOR IF HE  OR  SHE  VETOES  IT,  SHALL
NOTIFY  THE COMMISSION THAT SUCH LEGISLATION HAS BEEN DISAPPROVED WITHIN
THREE DAYS OF SUCH DISAPPROVAL.  WITHIN FIFTEEN DAYS OF  SUCH  NOTIFICA-
TION  AND  IN NO CASE LATER THAN FEBRUARY TWENTY-EIGHTH OF A YEAR ENDING
IN TWO, THE REDISTRICTING COMMISSION SHALL PREPARE  AND  SUBMIT  TO  THE
LEGISLATURE  A  SECOND REDISTRICTING PLAN AND THE NECESSARY IMPLEMENTING
LEGISLATION FOR SUCH PLAN.   WITHIN TEN  DAYS  OF  ITS  SUBMISSION  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 LEGIS-
LATION  SHALL  BE  DELIVERED  TO THE OTHER HOUSE IMMEDIATELY TO BE VOTED
UPON, WITHOUT AMENDMENT, WITHIN FIVE DAYS FROM DELIVERY.  IF APPROVED BY
BOTH HOUSES, SUCH LEGISLATION SHALL BE PRESENTED  TO  THE  GOVERNOR  FOR
ACTION WITHIN THREE DAYS.
  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 WITHIN TEN DAYS  OF
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 WITHIN THREE DAYS.
  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:
  (A)  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 DULY APPROVED AND SUBMITTED BY THE INDEPENDENT
REDISTRICTING COMMISSION PURSUANT TO SUBDIVISION SIX OF SECTION  NINETY-
FOUR OF THIS ARTICLE SHALL REQUIRE THE VOTE IN SUPPORT OF ITS PASSAGE BY
AT LEAST A MAJORITY OF THE MEMBERS ELECTED TO EACH HOUSE.
  (B)  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  THAT  WAS SUBMITTED BY THE INDEPENDENT REDIS-
TRICTING COMMISSION PURSUANT TO SUBDIVISION SEVEN OF SECTION NINETY-FOUR
OF THIS ARTICLE SHALL REQUIRE THE VOTE IN SUPPORT OF ITS PASSAGE  BY  AT
LEAST SIXTY PERCENT OF THE MEMBERS ELECTED TO EACH HOUSE.
  (C)  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 SIX OR SEVEN OF  SECTION  NINETY-FOUR
OF  THIS  ARTICLE SHALL REQUIRE THE VOTE IN SUPPORT OF ITS PASSAGE BY AT
LEAST TWO-THIRDS OF THE MEMBERS ELECTED TO EACH HOUSE.
  2. 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:
  (A) WHEN DRAWING DISTRICT LINES, THE COMMISSION SHALL CONSIDER WHETHER
SUCH  LINES  WOULD  RESULT  IN  THE  DENIAL  OR ABRIDGEMENT OF RACIAL OR

S. 6736                             3                            A. 9557

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.
  (B)  TO  THE  EXTENT PRACTICABLE, DISTRICTS SHALL CONTAIN AS NEARLY AS
MAY BE AN EQUAL NUMBER OF INHABITANTS.  FOR EACH DISTRICT THAT  DEVIATES
FROM  THIS  REQUIREMENT,  THE COMMISSION SHALL PROVIDE A SPECIFIC PUBLIC
EXPLANATION AS TO WHY SUCH DEVIATION EXISTS.
  (C) EACH DISTRICT SHALL CONSIST OF CONTIGUOUS TERRITORY.
  (D) EACH DISTRICT SHALL BE AS COMPACT IN FORM AS PRACTICABLE.
  (E) 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.
  (F)  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.
  3.  THE  PROCESS FOR REDISTRICTING CONGRESSIONAL AND STATE LEGISLATIVE
DISTRICTS ESTABLISHED BY 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
FEDERAL  DECENNIAL CENSUS TAKEN IN A YEAR ENDING IN ZERO UNLESS MODIFIED
PURSUANT TO COURT ORDER.
  4.  IN ANY JUDICIAL PROCEEDING RELATING TO REDISTRICTING  OF  CONGRES-
SIONAL OR STATE LEGISLATIVE DISTRICTS, ANY LAW ESTABLISHING CONGRESSION-
AL  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

S. 6736                             4                            A. 9557

COURT  FINDS  SUCH  A  VIOLATION,  THE LEGISLATURE SHALL HAVE A FULL AND
REASONABLE OPPORTUNITY TO CORRECT THE LAW'S LEGAL INFIRMITIES.
  S  94.  INDEPENDENT REDISTRICTING COMMISSION. 1. ON OR BEFORE FEBRUARY
FIRST OF EACH YEAR ENDING WITH A ZERO AND AT  ANY  OTHER  TIME  A  COURT
ORDERS  THAT CONGRESSIONAL OR STATE LEGISLATIVE 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:
  (A)  TWO  MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
  (B) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (C) TWO MEMBERS SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
SENATE;
  (D)  TWO  MEMBERS  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
ASSEMBLY;
  (E) TWO MEMBERS SHALL BE APPOINTED  BY  THE  EIGHT  MEMBERS  APPOINTED
PURSUANT  TO PARAGRAPHS (A) THROUGH (D) 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;
  (F) ONE MEMBER SHALL BE DESIGNATED CHAIR OF THE COMMISSION BY A MAJOR-
ITY  OF  THE MEMBERS APPOINTED PURSUANT TO PARAGRAPHS (A) THROUGH (E) OF
THIS SUBDIVISION TO CONVENE AND PRESIDE OVER EACH MEETING OF THE COMMIS-
SION.
  2. THE MEMBERS OF THE INDEPENDENT REDISTRICTING  COMMISSION  SHALL  BE
REGISTERED  VOTERS  IN THIS STATE. NO MEMBER SHALL WITHIN THE LAST THREE
YEARS:
  (A) BE OR HAVE BEEN A MEMBER OF THE  NEW  YORK  STATE  LEGISLATURE  OR
UNITED STATES CONGRESS OR A STATEWIDE ELECTED OFFICIAL;
  (B) BE OR HAVE BEEN A STATE OFFICER OR EMPLOYEE OR LEGISLATIVE EMPLOY-
EE AS DEFINED IN SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW.
  (C) BE OR HAVE BEEN A REGISTERED LOBBYIST IN NEW YORK STATE;
  (D)  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;
  (E)  BE THE SPOUSE OF A STATEWIDE ELECTED OFFICIAL OR OF ANY MEMBER OF
THE UNITED STATES CONGRESS, OR OF THE STATE LEGISLATURE.
  3. 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.
  4. VACANCIES IN THE MEMBERSHIP OF THE COMMISSION SHALL BE FILLED WITH-
IN THIRTY DAYS IN THE MANNER PROVIDED FOR IN THE ORIGINAL APPOINTMENTS.
  5.  THE  MEMBERS  OF  THE  INDEPENDENT  REDISTRICTING COMMISSION SHALL
RECEIVE REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN  THE
PERFORMANCE OF THEIR DUTIES.
  6.  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 (E) OF SUBDI-
VISION ONE OF THIS SECTION, AND A MINIMUM OF SEVEN MEMBERS SHALL CONSTI-

S. 6736                             5                            A. 9557

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:
  (A)  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.
  (B)  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.
  7. 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
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 SECTION
NINETY-THREE OF THIS ARTICLE. ANY AMENDMENTS TO SUCH PLANS BY THE LEGIS-
LATURE SHALL COMPLY WITH THE PROVISIONS OF THIS ARTICLE.
  8. (A) THE INDEPENDENT  REDISTRICTING  COMMISSION  SHALL  APPOINT  TWO
CO-EXECUTIVE  DIRECTORS  BY A MAJORITY VOTE OF THE COMMISSION IN ACCORD-
ANCE WITH THE FOLLOWING PROCEDURE:
  (1) IN THE EVENT THAT THE THE SPEAKER OF THE ASSEMBLY AND  THE  TEMPO-
RARY  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.
  (2)  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.
  (B)  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.
  (C)  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-

S. 6736                             6                            A. 9557

MENT  OF  A QUORUM OF SEVEN COMMISSIONERS, THE FOLLOWING PROCEDURE SHALL
BE FOLLOWED:
  (1)  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.
  (2)  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.
  (D)  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.
  9.  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
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  3. Any amendments by the senate or assembly to a redistricting plan
submitted by the independent redistricting commission, shall not  affect
more  than  two  percent  of the population of any district contained in
such plan.  If two or more plans for districts in the  same  legislative
house or for congressional districts are submitted by the commission and
voted  upon  by the legislature, such plans shall be considered individ-
ually and not combined.
  S 4. (a) The independent redistricting commission established pursuant
to section 5-b of article 3 of the  constitution  shall  submit  to  the
legislature  such  plan and the implementing legislation therefore 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 thou-
sand twenty-two. Within ten days of the plan's submission or within  ten
days  after  January  first in a year ending in two, whichever is later,
the implementing legislation shall be voted upon  without  amendment  by
the  senate  or the assembly. 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, within five days from delivery. If
approved by both houses such  legislation  shall  be  presented  to  the
governor for action within three days.
  (b) If either house shall fail to approve the legislation implementing
the  first  redistricting  plan,  or the governor shall veto such legis-
lation and the legislature shall fail to override such veto  within  ten
days  of  such veto, each house or the governor, if he or she vetoes it,
shall notify the commission that such legislation has  been  disapproved
within  three  days  of  such  disapproval.  Within fifteen days of such
notification and in no case later than February twenty-eighth of a  year

S. 6736                             7                            A. 9557

ending  in two, the redistricting commission shall prepare and submit to
the legislature a second redistricting plan and the necessary implement-
ing legislation for such plan. Within ten days of  its  submission  such
legislation  shall  be  voted  upon, without amendment, by the senate or
assembly and, if approved by the first house voting upon it, such legis-
lation shall be delivered to the other house  immediately  to  be  voted
upon  without  amendment, within five days from delivery. If approved by
both houses, such legislation shall be presented  to  the  governor  for
action within three days.
  (c) If either house shall fail to approve the legislation implementing
the  second  redistricting  plan, or the governor shall veto such legis-
lation and the legislature shall fail to override such veto  within  ten
days  of  such veto, each house shall introduce such implementing legis-
lation with any amendments each house deems necessary.  If  approved  by
both  houses,  such  legislation  shall be presented to the governor for
action within three days.
  S 5.  The house that first approved in  2012  the  amendment  entitled
"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" (hereinafter "the  amendment")
shall  when  considering  the resolution in 2013 vote upon the amendment
first in the next session of the legislature and in any event  shall  do
so no later than January 15, 2013. The house that approved the amendment
second  in  2012  shall  also vote upon the amendment second in the next
session and in any event no later than January 30, 2013.
  S 6. (a) If the house that first votes upon the amendment in the  next
session  approves such amendment, and the other house approves it there-
after, then the amendment shall be considered for approval by the voters
and this act shall not take effect except that sections three  and  four
of this act shall then take effect upon the people approving and ratify-
ing  such amendment by a majority of the electors voting thereon. If the
house that first votes upon the amendment in the next  session  approves
such  amendment,  and the other house disapproves it thereafter or fails
to vote upon the amendment within fifteen days of the first house's vote
or by January 30, 2013, whichever is sooner, then this  act  shall  take
effect  immediately in its entirety except that wherever in this act the
legislative leaders of the house that failed to  approve  the  amendment
shall  appoint a member of the independent redistricting commission or a
staff member of the commission, then the  governor  shall  replace  that
house's  legislative  leaders as the appointing authority and shall make
such appointments as provided for in this act.
  (b) If the house that first votes  upon  the  amendment  in  the  next
session  disapproves  such amendment or fails to vote upon the amendment
prior to January 15, 2013, and the other house approves  it  thereafter,
then this act shall take effect immediately except that wherever in this
act  the  legislative  leaders  of  the house that failed to approve the
amendment shall  appoint  a  member  of  the  independent  redistricting
commission  or a staff member of the commission, then the governor shall
replace such house's legislative leaders as the appointing authority and
shall make such appointments as provided for in this act.
  (c) If the house that first votes  upon  the  amendment  in  the  next
session  disapproves  such amendment or fails to vote upon the amendment
prior to January 15, 2013, and the other house disapproves it thereafter
or fails to vote upon the amendment within fifteen  days  of  the  first
house's  vote or by January 30, 2013, whichever is sooner, then this act
shall take effect immediately in its entirety except  that  whenever  in

S. 6736                             8                            A. 9557

this act the legislative leaders shall appoint a member of the independ-
ent  redistricting  commission or a staff member of the commission, then
the governor shall replace each legislative  leader  as  the  appointing
authority and shall make such appointments as provided for in this act.