A9834A-2009 Actions

• Jun 16, 2010: reported referred to rules
• Jun 9, 2010: print number 9834a
• Jun 9, 2010: amend and recommit to correction
• Feb 3, 2010: referred to correction

A9834A-2009 Text

 S T A T E   O F   N E W   Y O R K
 
 9834--A
 I N  ASSEMBLY
 February 3, 2010
 
 Introduced by M. of A. JEFFRIES, ESPAILLAT, DINOWITZ, ARROYO, P. RIVERA,
 HEASTIE,   LAVINE,  BENJAMIN,  KAVANAGH,  KELLNER,  LUPARDO,  McENENY,
 PEOPLES-STOKES,  CAMARA,  TITUS,  WRIGHT,  PRETLOW,  JAFFEE,   MAISEL,
 BARRON,  J. RIVERA,  HOYT  --  Multi-Sponsored  by -- M. of A. ALESSI,
 BOYLAND, BRENNAN, CHRISTENSEN, CLARK, COLTON, CRESPO, FARRELL, GIBSON,
 GLICK, GOTTFRIED, HEVESI, HOOPER, LANCMAN,  LATIMER,  LENTOL,  LIFTON,
 MILLMAN, PERRY, ROBINSON, ROSENTHAL, SCHIMEL, STIRPE, TITONE, TOWNS -
 read  once  and  referred  to the Committee on Correction -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 

AN ACT to amend the correction law, the legislative law, and the munici
 pal home rule law, in relation to the collection of census data
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Legislative intent. The legislature finds that for purposes
 of  determining  legislative  districts, incarcerated persons in correc
 tional facilities in this state have been classified as residents of the
 districts where they are incarcerated rather than as residents of  their
 places  of residence prior to incarceration. Article 2, section 4 of the
 New York constitution requires that for the purpose of voting, no person
 shall be deemed to have gained or lost a residence while confined in any
 public prison.  Likewise, subdivision 1 of section 5-104 of the election
 law directs that for the purpose of registering  and  voting  no  person
 shall be deemed to have gained or lost a residence while confined in any
 public  prison. Despite these provisions, the legislature finds that the
 decennial census does not provide the information necessary to  allocate
 incarcerated  persons  to their residences prior to incarceration in the
 manner that the foregoing provisions of the  constitution  and  laws  of
 this state require. This legislation is intended to facilitate the prop
 er  allocation  of  incarcerated  persons  to  their residences prior to
 incarceration for purposes of determining legislative districts, without
 requiring revision of the enumeration of the decennial census.
 

S 2.

Section 71 of the correction law  is  amended  by  adding  a  new
 subdivision 8 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15664-06-0
 
       A. 9834--A                          2
 8. (A) IN EACH YEAR IN WHICH THE FEDERAL DECENNIAL CENSUS IS TAKEN BUT
 IN  WHICH  THE  UNITED  STATES BUREAU OF THE CENSUS DOES NOT IMPLEMENT A
 POLICY OF REPORTING INCARCERATED PERSONS AT EACH SUCH PERSON'S  RESIDEN
 TIAL  ADDRESS  PRIOR  TO  INCARCERATION,  THE DEPARTMENT OF CORRECTIONAL
 SERVICES  SHALL  BY JULY FIRST OF THAT SAME YEAR DELIVER TO THE LEGISLA
 TIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT THE  FOLLOW
 ING INFORMATION FOR EACH INCARCERATED PERSON SUBJECT TO THE JURISDICTION
 OF  THE  DEPARTMENT  AND LOCATED IN THIS STATE ON THE DATE FOR WHICH THE
 DECENNIAL CENSUS REPORTS POPULATION:

 (I) A UNIQUE IDENTIFIER, NOT INCLUDING THE NAME, FOR EACH SUCH PERSON;
 (II) THE STREET ADDRESS OF THE CORRECTIONAL  FACILITY  IN  WHICH  SUCH
 PERSON WAS INCARCERATED AT THE TIME OF SUCH REPORT;
 (III)  THE  RESIDENTIAL  ADDRESS OF SUCH PERSON PRIOR TO INCARCERATION
 (IF ANY); AND
 (IV) ANY ADDITIONAL INFORMATION AS THE TASK FORCE MAY SPECIFY PURSUANT
 TO LAW.
 (B) THE DEPARTMENT SHALL PROVIDE THE INFORMATION  SPECIFIED  IN  PARA
 GRAPH (A) OF THIS SUBDIVISION IN SUCH FORM AS THE LEGISLATIVE TASK FORCE
 ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT SHALL SPECIFY.
 

S  3. 

Section  83-m of the legislative law is amended by adding a new
 subdivision 13 to read as follows:

 13. (A) THE TASK FORCE SHALL SPECIFY THE FORM IN WHICH THE  DEPARTMENT
 OF  CORRECTIONAL  SERVICES SHALL PROVIDE SUCH INFORMATION REQUIRED TO BE
 REPORTED TO THE TASK FORCE PURSUANT  TO  SUBDIVISION  EIGHT  OF  SECTION
 SEVENTY-ONE OF THE CORRECTION LAW.
 (B)  UPON  RECEIPT  OF  SUCH  INFORMATION FOR EACH INCARCERATED PERSON
 SUBJECT TO THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONAL  SERVICES,
 THE  TASK  FORCE  SHALL  DETERMINE THE CENSUS BLOCK CORRESPONDING TO THE
 STREET ADDRESS OF EACH SUCH PERSON'S RESIDENTIAL ADDRESS PRIOR TO INCAR
 CERATION (IF ANY), AND THE CENSUS  BLOCK  CORRESPONDING  TO  THE  STREET
 ADDRESS  OF  THE  CORRECTIONAL  FACILITY  IN  WHICH SUCH PERSON WAS HELD
 SUBJECT TO THE JURISDICTION OF SUCH DEPARTMENT. UNTIL SUCH TIME  AS  THE
 UNITED STATES BUREAU OF THE CENSUS SHALL IMPLEMENT A POLICY OF REPORTING
 EACH SUCH INCARCERATED PERSON AT SUCH PERSON'S RESIDENTIAL ADDRESS PRIOR
 TO  INCARCERATION, THE TASK FORCE SHALL USE SUCH DATA TO DEVELOP A DATA
 BASE IN WHICH ALL INCARCERATED PERSONS SHALL BE, WHERE  POSSIBLE,  ALLO
 CATED  FOR  REDISTRICTING  PURPOSES,  SUCH  THAT  EACH  GEOGRAPHIC  UNIT
 REFLECTS  INCARCERATED  POPULATIONS  AT  THEIR  RESPECTIVE   RESIDENTIAL
 ADDRESSES  PRIOR  TO  INCARCERATION RATHER THAN AT THE ADDRESSES OF SUCH
 CORRECTIONAL FACILITIES.  FOR ALL INCARCERATED PERSONS WHOSE RESIDENTIAL
 ADDRESS PRIOR TO INCARCERATION WAS OUTSIDE OF THE STATE, OR FOR WHOM THE
 TASK FORCE CANNOT IDENTIFY THEIR PRIOR RESIDENTIAL ADDRESS, AND FOR  ALL
 PERSONS  CONFINED  IN A FEDERAL CORRECTIONAL FACILITY ON CENSUS DAY, THE
 TASK FORCE SHALL CONSIDER THOSE PERSONS  TO  HAVE  BEEN  COUNTED  AT  AN
 ADDRESS  UNKNOWN  AND  PERSONS  AT  SUCH  UNKNOWN  ADDRESS  SHALL NOT BE
 INCLUDED IN SUCH DATA SET CREATED PURSUANT TO THIS PARAGRAPH.  THE  TASK
 FORCE  SHALL  DEVELOP  AND MAINTAIN SUCH AMENDED POPULATION DATA SET AND
 SHALL MAKE SUCH AMENDED DATA SET  AVAILABLE  TO  LOCAL  GOVERNMENTS,  AS
 DEFINED  IN  SUBDIVISION EIGHT OF SECTION TWO OF THE MUNICIPAL HOME RULE
 LAW, AND FOR THE DRAWING OF ASSEMBLY AND SENATE DISTRICTS.  THE ASSEMBLY
 AND SENATE DISTRICTS SHALL BE DRAWN USING SUCH AMENDED  POPULATION  DATA
 SET.
 (C)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  THE INFORMATION
 REQUIRED TO BE PROVIDED PURSUANT TO SUBDIVISION EIGHT OF SECTION  SEVEN
 TY-ONE  OF THE CORRECTION LAW SHALL BE TREATED AS CONFIDENTIAL AND SHALL
 
       A. 9834--A                          3
 NOT BE DISCLOSED BY THE TASK FORCE EXCEPT AS AGGREGATED BY CENSUS  BLOCK
 FOR PURPOSE SPECIFIED IN THIS SUBDIVISION.
 

S  4.  The opening paragraph, subclause (i.) of clause (a.) and clause
 (c.) of subparagraph 13 of paragraph a of subdivision 1 of section 10 of
 the municipal home rule law, as added by chapter  834  of  the  laws  of
 1969, are amended to read as follows:

 The apportionment of its legislative body and, only in connection with
 such  action  taken  pursuant  to this subparagraph, the composition and
 membership of such body, the terms of office  of  members  thereof,  the
 units  of local government or other areas from which representatives are
 to be chosen and the voting powers of individual members of such  legis
 lative  body.  [The]  EXCEPT FOR THE EQUAL APPORTIONMENT REQUIREMENTS IN
 SUBCLAUSE (I.) OF CLAUSE (A.) AND  CLAUSE  (C.)  OF  THIS  SUBPARAGRAPH,
 WHICH  SHALL  APPLY GENERALLY TO ANY LOCAL GOVERNMENT, THE power granted
 by this subparagraph shall be in addition to and not in substitution for
 any other power and the provisions of this subparagraph shall apply only
 to local governments which adopt a plan of apportionment thereunder.
 (i.) The plan shall provide substantially equal weight for  [all]  the
 [voters] POPULATION of that local government in the allocation of repre
 sentation in the local legislative body.
 (c.)  As  used  in  this subparagraph the term "population" shall mean
 residents, citizens, or registered voters. FOR SUCH PURPOSES, NO  PERSON
 SHALL  BE DEEMED TO HAVE GAINED OR LOST A RESIDENCE, OR TO HAVE BECOME A
 RESIDENT OF A LOCAL GOVERNMENT,  AS  DEFINED  IN  SUBDIVISION  EIGHT  OF
 SECTION TWO OF THIS CHAPTER, BY REASON OF BEING SUBJECT TO THE JURISDIC
 TION  OF  THE DEPARTMENT OF CORRECTIONAL SERVICES AND PRESENT IN A STATE
 CORRECTIONAL FACILITY PURSUANT TO SUCH JURISDICTION. A  population  base
 for  such  a  plan of apportionment shall utilize the latest statistical
 information obtainable from an official enumeration  done  at  the  same
 time  for all the residents, citizens, or registered voters of the local
 government.  Such a plan may allocate, by  extrapolation  or  any  other
 rational  method,  such latest statistical information to representation
 areas or units of local government, provided that  any  plan  containing
 such an allocation shall have annexed thereto as an appendix, a detailed
 explanation of the allocation.
 

S  5.  Severability.  If any section, subdivision, paragraph, subpara
 graph, clause or other part of this act or its application is held to be
 invalid by final judgment of a court  of  competent  jurisdiction,  such
 invalidity shall not be deemed to impair or otherwise affect the validi
 ty  of  the remaining provisions or applications of this act that can be
 given effect without such invalid provision  or  application,  but  such
 invalidity  shall  be  confined  to the section, subdivision, paragraph,
 subparagraph, clause or other  part  of  this  act  or  its  application
 directly  held  invalid thereby, which are declared to be severable from
 the remainder of this act. It is declared to be the intent of the legis
 lature that this act would have been enacted but for  any  such  invalid
 provision or application thereof.
 

S  6.  This act shall take effect immediately; provided, however, that
 the amendments to section 83-m of the legislative law  made  by  section
 three  of this act shall not affect the repeal of such section and shall
 be deemed repealed therewith.

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