Bill S565-2013

Establishes apportionment commission to create apportionment plans for congressional and state legislative districts based on federal censuses; repealer

Establishes an apportionment commission to create apportionment plans for congressional and state legislative districts based on decennial federal census, which shall be considered by and voted upon by the state legislature; eliminates the legislative task force on demographic research and reapportionment.

Details

Actions

  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 9, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S565

TITLE OF BILL: An act to amend the legislative law and the correction law, in relation to apportionment of congressional, senate and assembly districts; to repeal section 83-m of the legislative law relating to the legislative task force on demographic research and reapportionment; and to repeal chapter 17 of the laws of 2012, amending the legislative law relating to redistricting of congressional, senate and assembly districts

PURPOSE OR GENERAL IDEA OF BILL: To establish an independent reapportionment commission to propose for approval by the state legislature district boundaries for Congress, State Senate and Assembly districts every ten years following the U.S. Census.

SUMMARY OF SPECIFIC PROVISIONS: This bill would establish a citizen apportionment commission that would draw maps for congressional and state legislative district boundaries every ten years following the U.S. Census. The commission would propose district boundaries that would be submitted to the legislature for approval. As many as three plans would be developed, with public hearings required if the first two plans are rejected, at which the legislature would testify to the commission regarding any objections to the plan. The legislature would have the ability to amend only a third plan, which would be submitted by the commission. Thus, the legislature would have the ultimate authority in approving a final plan, with the ability to amend a third plan should previous plans be rejected.

The district lines for all plans would be drawn according to a set of principles and guidelines that do not abridge or deny minority voting rights while seeking to align districts as best as possible with local boundaries and community character to ensure the even-handed and nonpartisan drawing of lines. The citizen apportionment commission would be appointed by the legislative leaders from a pool of candidates who are vetted for conflicts of interest by a separate nominations committee.

The specific provisions of the legislation are detailed below.

Sections 1 and 2 - Removes mention of the legislative task force on demographic research and reapportionment (LATFOR) from sections 5-a and 12 of the legislative law, replacing it with the civilian apportionment commission.

Section 3 - Repeals section 83-m of the legislative law with regard to the formation of LATFOR.

Section 4 - Amends the legislative law by adding a new article 6-a with regard to the creation of a citizen apportionment commission and apportionment nominations committee.

The nominations committee would be composed of eight members, with the temporary president of the senate, speaker of the assembly, minority leader of the senate, and minority leader of the assembly each appointing two members. Members could not serve if they currently hold

or, in the past two years, have held elective or public office, a position as a lobbyist, a political party position, or are a relative or spouse of an elected or public official.

The nominations committee develops a list of 40 persons known as the "nominations pool" who are vetted for conflicts of interest (such as having held or holding public office, being a registered lobbyist, among other items described above), and consist of the following members: 15 persons enrolled as Democrats, 15 persons enrolled as Republicans, and 10 persons not enrolled as Democrats or Republicans. Members would also be selected to represent the geographic, racial, ethnic, and gender diversity of the state.

The apportionment commission would be selected from the members of the nominations pool, with each legislative leader (majority and minority) appointing two members, for a total of eight members. The eight members would then appoint three additional members, one of whom would serve as Chair of the commission. No more than four members of the apportionment commission would be enrolled in the same political party, and members would be selected to represent the diversity of the state as described above. The commission would be charged with developing reapportionment plans and would make such plans and corresponding data available to the public.

All apportionment plans would be drawn according to the following principles:

- all congressional district shall be as nearly equal in population as practicable;

- districts shall be contiguous;

- districts shall not be established that abridge or deny minority voting rights;

- districts shall not be drawn to favor or oppose any political party, incumbent, or candidates for office;

- the most and least populous senate and assembly districts shall not exceed the mean population of districts for each house by more than one percent;

- counties and county subdivisions shall not be divided in the formation of districts, and where it is unavoidable, more populous counties or subdivisions will be divided in preference to those with smaller populations;

- villages shall not be divided;

- districts shall be as compact as possible; and

- districts shall unite communities of interest.

The commission would hold public hearings throughout the state on the first apportionment plan submitted to the legislature. After the public hearings, the plan would require a vote of the legislature without amendments. If the proposal is rejected, the commission would submit an

amended proposal after hearing the reasons given by the legislature regarding the first plan's rejection at a public hearing. The second plan, again, would be voted upon by the legislature without amendments. If the second proposal is also rejected, the commission would submit a third plan following a second public hearing at which the legislature would testify. The third plan would be subject to the normal amendment process.

JUSTIFICATION: Concerned New Yorkers have indicated that the current reapportionment process exposes the legislature to claims that the deck is stacked to favor the reelection of incumbents and to discourage potential challengers, as signified by the large number of unopposed elections and the largely uncompetitive nature of most other contests. Furthermore, it appears as if voters are selected by legislators through the redistricting process, rather than, voters selecting the candidates of their choice. The oddly shaped districts are perceived to be drawn to maximize the election of incumbents above all else, creating disjointed boundaries that are not aligned to local divisions and undermine the fabric of the community.

While most legislators are being re-elected because of their diligent efforts to represent their constituents, the appearance that the reapportionment process is subject to conflicts of interests should be eliminated, An independent commission would enable the reapportionment process to unfold in a manner that debunks any claims that legislators are primarily concerned with apportioning districts in order to facilitate their own re-elections.

The process proposed in this bill is similar to that used successfully in Iowa for many years and recently implemented in California, and is supported by all the leading good government organizations in New York.

PRIOR LEGISLATIVE HISTORY: 2012: Senate Bill 2543-A (Gianaris) - Died in Senate Investigations and Government Operations Committee 2012: Assembly Bill 3432-A (Jeffries) - Died in Assembly Government Operations Committee

Introduced as S.1155 in 2007; Introduced as S.7124 in 2005.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 565 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, BRESLIN, DILAN, ESPAILLAT, KENNEDY, KRUEGER, MONTGOMERY, PERALTA, PERKINS, RIVERA, SAMPSON, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the legislative law and the correction law, in relation to apportionment of congressional, senate and assembly districts; to repeal section 83-m of the legislative law relating to the legislative task force on demographic research and reapportionment; and to repeal chapter 17 of the laws of 2012, amending the legislative law relating 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. Subdivision 3 of section 5-a of the legislative law, as added by chapter 630 of the laws of 1998, the opening paragraph as amended by section 1 of part S of chapter 55 of the laws of 2012, is amended to read as follows: Any member of the assembly serving in a special capacity in a position set forth in the following schedule shall be paid the allowance set forth in such schedule only for the legislative term commencing January first, two thousand thirteen and terminating December thirty-first, two thousand fourteen: ASSEMBLYMEN SERVING IN SPECIAL CAPACITY Chairman of legislative commission on public management systems ........................................................ 12,500 Chairman of legislative commission on science and technology ..................................................... 12,500 Co-chairman of the legislative commission on water
resource needs of New York state and Long Island ......... no allowance [Co-chairman of the legislative task force on demographic research and reapportionment ...................... 15,000] Chairman of the assembly task force on farm, food and nutrition ............................................. 12,500 Ranking minority member of the assembly task force on farm, food and nutrition ..................................... 9,000 Chairman of the legislative commission on skills development and career education ............................... 12,500 Vice-Chairman of the legislative commission on the development of rural resources ................................. 12,500 S 2. Subdivision 5 of section 12 of the legislative law, as added by chapter 141 of the laws of 1994, is amended to read as follows: 5. Notwithstanding any provision of law to the contrary, services and expenses of the legislative health service, legislative library, legis- lative messenger service, legislative ethics committee, [joint oper- ations of the legislative task force on demographic research and reap- portionment] APPORTIONMENT COMMISSION, and contributions to the national conference of state legislatures shall be payable after audit by and on the warrant of the comptroller upon vouchers certified by the temporary president of the senate or his or her designee and the speaker of the assembly or his or her designee. S 3. Section 83-m of the legislative law is REPEALED. S 4. The legislative law is amended by adding a new article 6-A to read as follows: ARTICLE 6-A APPORTIONMENT OF CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS SECTION 93. LEGISLATIVE INTENT. 94. APPORTIONMENT NOMINATIONS COMMITTEE. 95. POWERS AND DUTIES OF COMMITTEE. 96. APPORTIONMENT COMMISSION. 97. POWERS AND DUTIES OF COMMISSION. 98. APPORTIONMENT. 99. APPLICATION OF ARTICLE. S 93. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT: 1. THERE IS A NEED FOR INTENSIVE AND THOROUGH STUDY, RESEARCH AND INQUIRY INTO THE TECHNIQUES AND METHODOLOGY TO BE USED BY THE BUREAU OF THE CENSUS OF THE UNITED STATES COMMERCE DEPARTMENT IN CARRYING OUT THE DECENNIAL FEDERAL CENSUS; 2. A TECHNICAL PLAN WILL BE NEEDED TO MEET THE REQUIREMENTS OF A LEGISLATIVE TIMETABLE FOR A REAPPORTIONMENT OF THE SENATE AND ASSEMBLY DISTRICTS AND THE CONGRESSIONAL DISTRICTS OF THE STATE BASED ON SUCH CENSUS; AND 3. THE APPORTIONMENT COMMISSION IS NECESSARY TO ASSIST THE LEGISLATURE IN THE PERFORMANCE OF ITS RESPONSIBILITIES AND IN THE CONDUCT OF LEGIS- LATIVE RESEARCH PROJECTS RELATING THERETO. S 94. APPORTIONMENT NOMINATIONS COMMITTEE. 1. ON OR BEFORE THE FIRST OF DECEMBER OF EACH YEAR ENDING WITH A NINE OR AS SOON AS POSSIBLE AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THERE SHALL BE ESTABLISHED AN APPOR- TIONMENT NOMINATIONS COMMITTEE TO SELECT THOSE PERSONS WHO SHALL BE ELIGIBLE TO BE APPOINTED AS MEMBERS OF THE APPORTIONMENT COMMISSION CREATED IN SECTION NINETY-SIX OF THIS ARTICLE. EACH SUCH COMMITTEE SHALL REMAIN IN EXISTENCE UNTIL ITS DUTIES PURSUANT TO SECTION NINETY-FIVE OF THIS ARTICLE HAVE BEEN COMPLETED.
2. THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL BE COMPOSED OF EIGHT 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; AND (D) TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY. 3. THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL DESIGNATE TWO CO-CHAIRS FROM AMONG ITS MEMBERS BY A SIMPLE MAJORITY VOTE OF ALL MEMBERS. 4. THE MEMBERS OF THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL BE REGISTERED VOTERS IN THIS STATE. NO MEMBER OF SUCH COMMITTEE SHALL: (A) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS AN ELECTED GOVERN- MENTAL OFFICE; (B) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS ANY OTHER APPOINTED GOVERNMENTAL OR POLITICAL PARTY POSITION; (C) BE EMPLOYED OR HAVE BEEN EMPLOYED WITHIN THE PREVIOUS TWO YEARS IN ANY OTHER POSITION BY THE UNITED STATES CONGRESS, THE STATE LEGISLATURE, THE EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM; (D) BE OR HAVE BEEN WITHIN THE PREVIOUS TWO YEARS A REGISTERED LOBBY- IST IN THIS STATE PURSUANT TO ARTICLE ONE-A OF THIS CHAPTER; (E) BE THE SPOUSE OF ANY MEMBER OF THE UNITED STATES CONGRESS, THE STATE LEGISLATURE, THE EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM; OR (F) BE RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY MEMBER OF THE UNITED STATES CONGRESS, THE STATE LEGISLATURE, THE EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM, OR TO THE SPOUSE OF ANY SUCH PERSON. 5. THE MEMBERS OF THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. 6. THE MEMBERS OF THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL BE APPOINTED AND SERVE FOR THE DURATION OF SUCH COMMITTEE. ALL VACANCIES IN THE MEMBERSHIP OF SUCH COMMITTEE SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. S 95. POWERS AND DUTIES OF COMMITTEE. 1. THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL HAVE THE POWER AND DUTY TO, ON OR BEFORE THE FIRST OF MARCH IN EACH YEAR ENDING WITH A ZERO OR AS SOON AS POSSIBLE AFTER THE EFFECTIVE DATE OF THIS ARTICLE, ESTABLISH A LIST OF FORTY PERSONS WHO SHALL BE ELIGIBLE TO BE APPOINTED AS MEMBERS OF THE APPORTIONMENT COMMISSION. SUCH LIST SHALL HEREINAFTER BE REFERRED TO IN THIS ARTICLE AS THE "NOMINATIONS POOL". 2. THE MEMBERS OF THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL BY MAJORITY VOTE SELECT EACH PERSON TO BE INCLUDED IN THE NOMINATIONS POOL. UPON COMPLETION OF SUCH POOL, SUCH COMMITTEE SHALL SUBMIT A COPY OF THE NOMINATIONS POOL TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY. 3. THE NOMINATIONS POOL SHALL INCLUDE: (A) FIFTEEN PERSONS WHO ARE ENROLLED AS DEMOCRATS; (B) FIFTEEN PERSONS WHO ARE ENROLLED AS REPUBLICANS; AND
(C) TEN PERSONS WHO ARE NOT ENROLLED AS EITHER DEMOCRATS OR REPUBLI- CANS. 4. PERSONS SELECTED TO THE NOMINATIONS POOL SHALL BE REGISTERED VOTERS IN THIS STATE. NO SUCH PERSON SHALL: (A) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS AN ELECTED GOVERN- MENTAL OFFICE; (B) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS ANY OTHER APPOINTED GOVERNMENTAL OR POLITICAL PARTY POSITION; (C) BE A MEMBER OF THE APPORTIONMENT NOMINATIONS COMMITTEE CREATED IN SECTION NINETY-FOUR OF THIS ARTICLE; (D) BE EMPLOYED OR HAVE BEEN EMPLOYED WITHIN THE PREVIOUS TWO YEARS IN ANY OTHER POSITION BY THE UNITED STATES CONGRESS, THE STATE LEGISLATURE, THE EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM; (E) BE OR HAVE BEEN WITHIN THE PREVIOUS TWO YEARS A REGISTERED LOBBY- IST IN THIS STATE PURSUANT TO ARTICLE ONE-A OF THIS CHAPTER; (F) BE THE SPOUSE OF ANY MEMBER OF THE UNITED STATES CONGRESS, THE STATE LEGISLATURE, THE EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM; OR (G) BE RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY MEMBER OF THE UNITED STATES CONGRESS, THE STATE LEGISLATURE, THE EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM, OR TO THE SPOUSE OF ANY SUCH PERSON. 5. (A) THE NOMINATIONS POOL SHALL INCLUDE AT LEAST THREE PERSONS FROM EACH OF THE FOLLOWING REGIONS OF THE STATE, WITH THE REMAINDER TO BE NOMINATED FROM SUCH REGIONS IN PROPORTION TO THE DISTRIBUTION OF THE STATE'S POPULATION IN EACH REGION: (I) LONG ISLAND; (II) NEW YORK CITY; (III) HUDSON VALLEY; (IV) NORTHERN; (V) CENTRAL; (VI) SOUTHERN TIER; AND (VII) WESTERN. (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING REGIONS SHALL BE COMPOSED OF THE FOLLOWING COUNTIES; (I) LONG ISLAND: THE COUNTIES OF NASSAU AND SUFFOLK; (II) NEW YORK CITY: THE COUNTIES OF BRONX, KINGS, NEW YORK, QUEENS AND RICHMOND; (III) HUDSON VALLEY: THE COUNTIES OF WESTCHESTER, ROCKLAND, PUTNAM, ORANGE, DUTCHESS, ULSTER, COLUMBIA, GREENE, RENSSELAER, ALBANY AND SCHE- NECTADY; (IV) NORTHERN: THE COUNTIES OF SARATOGA, WASHINGTON, WARREN, ESSEX, CLINTON, FRANKLIN, ST. LAWRENCE, HAMILTON, FULTON, HERKIMER, LEWIS AND JEFFERSON; (V) CENTRAL: THE COUNTIES OF SCHOHARIE, MONTGOMERY, OTSEGO, CHENANGO, MADISON, ONEIDA, OSWEGO, CORTLAND, ONONDAGA AND CAYUGA; (VI) SOUTHERN TIER: THE COUNTIES OF SULLIVAN, DELAWARE, BROOME, TIOGA, TOMPKINS, SCHUYLER, STEUBEN, ALLEGANY, CATTARAUGUS AND CHAUTAUQUA; AND (VII) WESTERN: THE COUNTIES OF SENECA, YATES, ONTARIO, WAYNE, MONROE, LIVINGSTON, WYOMING, GENESEE, ORLEANS, NIAGARA AND ERIE. 6. TO THE EXTENT PRACTICABLE, THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL ENSURE THAT THE NOMINATIONS POOL REFLECTS THE DIVERSITY OF THE RESIDENTS OF THE STATE WITH REGARD TO RACE, ETHNICITY AND GENDER. S 96. APPORTIONMENT COMMISSION. 1. THERE SHALL BE CREATED AN APPOR- TIONMENT COMMISSION TO ASSIST THE LEGISLATURE IN THE REAPPORTIONMENT OF
CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS BASED ON THE ENSUING FEDER- AL CENSUS, PURSUANT TO SECTION TWO OF ARTICLE ONE OF THE UNITED STATES CONSTITUTION AND SECTIONS FOUR AND FIVE OF ARTICLE THREE OF THE STATE CONSTITUTION. 2. THE APPORTIONMENT COMMISSION SHALL BE COMPOSED OF ELEVEN MEMBERS, APPOINTED FROM THE NOMINATIONS POOL 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; AND (E) THREE MEMBERS SHALL BE APPOINTED, ON OR BEFORE THE THIRTIETH DAY AFTER A VACANCY IN ANY SUCH POSITION OCCURS, BY THE EIGHT MEMBERS APPOINTED PURSUANT TO PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION BY A VOTE OF NOT LESS THAN SIX MEMBERS IN FAVOR OF EACH SUCH APPOINTMENT, AND EACH VACANCY IN ANY POSITION FILLED PURSUANT TO THIS PARAGRAPH SHALL BE DEEMED TO CREATE VACANCIES IN ALL THREE POSITIONS HELD BY THE MEMBERS SO APPOINTED; PROVIDED THAT ANY SUCH MEMBER MAY BE REAPPOINTED PURSUANT TO THIS PARAGRAPH. IN THE EVENT THAT THREE MEMBERS ARE NOT APPOINTED ON OR BEFORE THE THIRTIETH DAY AFTER A VACANCY IN ANY SUCH POSITION OCCURS IF: (I) TWO PERSONS ARE APPOINTED WITH THE REQUIRED SIX VOTES AND NO OTHER PERSON RECEIVES SIX VOTES, THE THIRD SUCH MEMBER SHALL BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS WITHIN THIRTY DAYS THEREAFTER; (II) ONE PERSON IS APPOINTED WITH THE REQUIRED SIX VOTES AND NO TWO OTHER PERSONS RECEIVE SIX VOTES, THE TWO PERSONS RECEIVING THE MOST VOTES SHALL BE APPOINTED AS MEMBERS; AND (III) NO THREE PERSONS RECEIVE SIX VOTES, THE TWO PERSONS RECEIVING THE MOST VOTES SHALL BE APPOINTED AS MEMBERS AND THE THIRD MEMBER SHALL BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS. (F) THE CHAIR SHALL BE DESIGNATED, FROM AMONG THE THREE MEMBERS APPOINTED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION, BY A SIMPLE MAJORITY VOTE OF ALL MEMBERS OF THE COMMISSION; PROVIDED THAT IF THE COMMISSION FAILS TO DESIGNATE A CHAIR, THE CHAIR SHALL BE DESIGNATED BY THE CHIEF JUDGE OF THE COURT OF APPEALS. 3. (A) NO MORE THAN FOUR MEMBERS OF THE APPORTIONMENT COMMISSION SHALL BE ENROLLED IN THE SAME POLITICAL PARTY. (B) TO THE EXTENT PRACTICABLE, THE MEMBERS OF THE APPORTIONMENT COMMISSION SHALL REFLECT THE DIVERSITY OF THE RESIDENTS OF THIS STATE WITH REGARD TO RACE, ETHNICITY, GENDER AND GEOGRAPHIC RESIDENCE. 4. THE TERMS OF THE MEMBERS OF THE APPORTIONMENT COMMISSION SHALL EXPIRE UPON THE FILING OF ALL APPORTIONMENT PLANS, PURSUANT TO SUBDIVI- SION FOUR, FIVE AND/OR SIX OF SECTION NINETY-EIGHT OF THIS ARTICLE, THE EXHAUSTION OF ANY JUDICIAL REVIEW OF AN APPORTIONMENT PLAN AND APPOR- TIONMENT STATUTE, AND THE IMPLEMENTATION OF AN APPORTIONMENT STATUTE. VACANCIES IN THE MEMBERSHIP OF THE COMMISSION SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. 5. THE MEMBERS OF THE APPORTIONMENT COMMISSION AND ALL EMPLOYEES THER- EOF SHALL BE DEEMED TO BE LEGISLATIVE EMPLOYEES. 6. THE MEMBERS OF THE APPORTIONMENT COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS ARTICLE.
7. A MINIMUM OF EIGHT MEMBERS OF THE APPORTIONMENT COMMISSION SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE OF ANY POWER OF SUCH COMMISSION, PROVIDED THAT NO EXERCISE OF ANY POWER OF THE APPORTIONMENT COMMISSION SHALL OCCUR WITHOUT THE AFFIRMATIVE VOTE OF SEVEN MEMBERS THEREOF. S 97. POWERS AND DUTIES OF COMMISSION. THE APPORTIONMENT COMMISSION SHALL HAVE THE POWER AND DUTY TO: 1. EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS IT MAY DEEM NECES- SARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR; 2. MEET WITHIN AND WITHOUT THE STATE, HOLD PUBLIC HEARINGS AND HAVE ALL THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THIS CHAPTER; 3. REQUEST, RECEIVE AND UTILIZE SUCH FACILITIES, RESOURCES AND DATA (INCLUDING, BUT NOT LIMITED TO, HISTORICAL VOTING INFORMATION AND PATTERNS) OF ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF AS IT MAY REASONABLY REQUEST TO PROPERLY CARRY OUT ITS POWERS AND DUTIES PURSUANT TO THIS ARTICLE; 4. ACQUIRE AND UTILIZE ALL MATERIALS AND EQUIPMENT NECESSARY TO ESTAB- LISH APPORTIONMENT PLANS PURSUANT TO SECTION NINETY-EIGHT OF THIS ARTI- CLE; 5. PREPARE THE NECESSARY DESCRIPTIONS FOR THE GEOGRAPHIC UNITS OF THE STATE FOR USE BY THE FEDERAL CENSUS BUREAU IN REPORTING DECENNIAL FEDER- AL CENSUS DATA; 6. ENGAGE IN SUCH RESEARCH STUDIES AND OTHER ACTIVITIES AS NECESSARY OR APPROPRIATE IN THE PREPARATION AND FORMULATION OF A REAPPORTIONMENT PLAN FOR THE NEXT ENSUING REAPPORTIONMENT OF SENATE AND ASSEMBLY DISTRICTS AND CONGRESSIONAL DISTRICTS OF THE STATE AND IN THE UTILIZA- TION OF CENSUS AND OTHER DEMOGRAPHIC AND STATISTICAL DATA FOR POLICY ANALYSIS, PROGRAM DEVELOPMENT AND PROGRAM EVALUATION PURPOSES FOR THE LEGISLATURE; 7. SELL SURVEYS, DATA, COPIES OF TABULATIONS AND OTHER SPECIAL STATIS- TICAL COMPILATIONS AND MATERIALS TO DEPARTMENTS, AGENCIES AND OTHER ENTITIES OF FEDERAL, STATE OR LOCAL GOVERNMENT, OF FOREIGN COUNTRIES, AND TO PUBLIC BENEFIT CORPORATIONS, OR OTHER PUBLIC, NOT-FOR-PROFIT AND PRIVATE PERSONS AND AGENCIES, UPON PAYMENT OF FEES AT LEAST SUFFICIENT TO PAY THE ACTUAL OR ESTIMATED COST OF SUCH PROJECTS. IN FURTHERANCE OF SUCH SALE, THE APPORTIONMENT COMMISSION MAY EXECUTE CONTRACTS FOR SUCH PURPOSE; 8. PREPARE MAPS OF CITIES, TOWNS AND COUNTIES OF THE STATE FOR DESCRIBING CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS, AND PREPARE APPORTIONMENT PLANS AND LEGISLATION; 9. MAKE AVAILABLE TO THE PUBLIC IN PRINT FORM AND IN ELECTRONIC FORM ON THE INTERNET, USING THE BEST AVAILABLE TECHNOLOGY, ALL APPORTIONMENT PLANS, RELEVANT DATA AND MAPMAKING SOFTWARE USED TO PREPARE SUCH PLANS, INFORMATION ON THE MEMBERS OF THE APPORTIONMENT COMMISSION AND ALL OTHER RELEVANT INFORMATION DERIVED FROM THE OPERATION OF THIS ARTICLE; AND 10. (A) SPECIFY THE FORM IN WHICH THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION SHALL PROVIDE SUCH INFORMATION REQUIRED TO BE REPORTED TO THE APPORTIONMENT COMMISSION 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 CORRECTIONS AND COMMU- NITY SUPERVISION, THE APPORTIONMENT COMMISSION SHALL DETERMINE THE CENSUS BLOCK CORRESPONDING TO THE STREET ADDRESS OF EACH SUCH PERSON'S RESIDENTIAL ADDRESS PRIOR TO INCARCERATION (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 APPORTION- MENT COMMISSION SHALL USE SUCH DATA TO DEVELOP A DATABASE IN WHICH ALL INCARCERATED PERSONS SHALL BE, WHERE POSSIBLE, ALLOCATED FOR REDISTRICT- ING PURPOSES, SUCH THAT EACH GEOGRAPHIC UNIT REFLECTS INCARCERATED POPU- LATIONS 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 APPORTIONMENT COMMISSION CANNOT IDENTIFY THEIR PRIOR RESIDENTIAL ADDRESS, AND FOR ALL PERSONS CONFINED IN A FEDERAL CORRECTIONAL FACILITY ON CENSUS DAY, THE APPOR- TIONMENT COMMISSION 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 APPOR- TIONMENT COMMISSION SHALL DEVELOP AND MAINTAIN SUCH AMENDED POPULATION DATA SET AND SHALL MAKE SUCH AMENDED DATA SET AVAILABLE TO LOCAL GOVERN- MENTS, 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 POPU- LATION 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 NOT BE DISCLOSED BY THE TASK FORCE EXCEPT AS AGGREGATED BY CENSUS BLOCK FOR THE PURPOSE SPECIFIED IN THIS SUBDIVISION. S 98. APPORTIONMENT. 1. THE APPORTIONMENT COMMISSION SHALL, UPON RECEIPT OF THE FEDERAL DECENNIAL CENSUS FOR THE STATE, BEGIN TO ESTAB- LISH A PLAN FOR THE APPORTIONMENT OF CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS IN THE STATE. 2. THE FOLLOWING REQUIREMENTS AND PRINCIPLES SHALL BE APPLIED IN ESTABLISHING A PLAN FOR SUCH DISTRICTS: (A) ALL CONGRESSIONAL DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION AS IS PRACTICABLE. (B) EACH DISTRICT SHALL CONSIST OF CONTIGUOUS TERRITORY; NO DISTRICT SHALL CONSIST OF PARTS ENTIRELY SEPARATED BY THE TERRITORY OF ANOTHER DISTRICT OF THE SAME BODY, WHETHER SUCH TERRITORY BE LAND OR WATER, POPULATED OR UNPOPULATED. A POPULATED CENSUS BLOCK SHALL NOT BE DIVIDED BY A DISTRICT BOUNDARY, UNLESS IT CAN BE DETERMINED THAT THE POPULATED PART OF SUCH BLOCK IS WITHIN A SINGLE DISTRICT. (C) SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICTS SHALL NOT BE ESTAB- LISHED THAT ARE INTENDED TO OR RESULT IN A DENIAL OR ABRIDGEMENT OF MINORITY VOTING RIGHTS INCLUDING THE OPPORTUNITY OF MINORITY VOTERS TO PARTICIPATE IN THE POLITICAL PROCESS, AND TO ELECT THE CANDIDATES OF THEIR CHOICE. (D) SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICTS SHALL 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. (E) SUBJECT TO THE REQUIREMENTS OF PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVISION, THE FOLLOWING PRINCIPLES SHALL BE FOLLOWED IN THE CREATION OF SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS TO THE EXTENT PRACTICABLE. A PRINCIPLE WITH A LOWER NUMBER SHALL HAVE PRECEDENCE OVER A PRINCIPLE WITH A HIGHER NUMBER.
(I) THE MOST AND LEAST POPULOUS SENATE DISTRICTS SHALL NOT EXCEED OR BE LOWER THAN THE MEAN POPULATION OF ALL SENATE DISTRICTS BY MORE THAN ONE PERCENT, AND THE MOST AND LEAST POPULOUS ASSEMBLY DISTRICTS SHALL NOT EXCEED OR BE LOWER THAN THE MEAN POPULATION OF ALL ASSEMBLY DISTRICTS BY MORE THAN ONE PERCENT. IN NO EVENT SHALL THE COMMISSION ADVANTAGE ANY REGION OF THE STATE OVER ANY OTHER BY CREATING MULTIPLE DISTRICTS THEREIN EXCEEDING, OR LOWER THAN, THE MEAN POPULATION BY MORE THAN ONE PERCENT. (II) COUNTIES SHALL NOT BE DIVIDED IN THE FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUNTY. WHERE SUCH DIVISION OF COUNTIES IS UNAVOIDABLE, MORE POPULOUS COUNTIES SHALL BE DIVIDED IN PREFERENCE TO THE DIVISION OF LESS POPULOUS COUNTIES. (III) COUNTY SUBDIVISIONS SHALL NOT BE DIVIDED IN THE FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUNTY SUBDIVI- SION. FOR THE PURPOSES OF THIS ARTICLE, A COUNTY SUBDIVISION SHALL BE A CITY, EXCEPT THE CITY OF NEW YORK, A TOWN, OR AN INDIAN RESERVATION WHOSE TERRITORY IS EXCLUSIVE OF THE TERRITORY OF ANY CITY OR TOWN. COUN- TY SUBDIVISIONS WITH LARGER POPULATIONS SHALL BE DIVIDED IN PREFERENCE TO THE DIVISION OF THOSE WITH SMALLER POPULATIONS. (IV) INCORPORATED VILLAGES SHALL NOT BE DIVIDED IN THE FORMATION OF DISTRICTS. (V) THE SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS SHALL BE AS COMPACT IN FORM AS POSSIBLE. (VI) A SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICT SHALL UNITE COMMU- NITIES DEFINED BY ACTUAL SHARED INTERESTS, TAKING ACCOUNT OF GEOGRAPHIC, SOCIAL, ECONOMIC, AND OTHER FACTORS THAT INDICATE COMMONALITY OF INTER- EST, AND DISTRICTS SHALL BE FORMED SO AS TO PROMOTE THE ORDERLY AND EFFICIENT ADMINISTRATION OF ELECTIONS. 3. DURING THE PREPARATION OF THE APPORTIONMENT PLAN, THE APPORTIONMENT COMMISSION SHALL CONDUCT NOT LESS THAN ONE PUBLIC HEARING ON PROPOSALS FOR THE APPORTIONMENT OF CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS IN EACH OF THE FOLLOWING (A) CITIES: ALBANY, BUFFALO, SYRACUSE, ROCHES- TER, GLEN COVE, AND WHITE PLAINS; AND (B) COUNTIES: BRONX, KINGS, NEW YORK, QUEENS AND RICHMOND. PUBLIC NOTICE OF ALL SUCH HEARINGS SHALL BE WIDELY PUBLISHED BY THE APPORTIONMENT COMMISSION IN ADVANCE THROUGH ALL AVAILABLE MEANS. TO THE EXTENT PRACTICABLE, ALL SUCH HEARINGS AND THE PROCEEDINGS OF THE APPORTIONMENT COMMISSION SHALL BE TELEVISED. THE APPORTIONMENT COMMISSION SHALL REPORT THE FINDINGS OF ALL SUCH HEARINGS TO THE LEGISLATURE UPON SUBMISSION OF THE APPORTIONMENT PLAN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION. 4. (A) ON OR BEFORE THE THIRTIETH OF MAY IN EACH YEAR ENDING WITH A ONE OR WITHIN SIXTY DAYS OF RECEIVING THE FEDERAL DECENNIAL CENSUS FOR THE STATE, WHICHEVER IS LATER, THE APPORTIONMENT COMMISSION SHALL SUBMIT TO THE LEGISLATURE AND DISSEMINATE TO THE PUBLIC AN APPORTIONMENT PLAN FOR ALL CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS, ALONG WITH THE LEGISLATION NECESSARY TO IMPLEMENT SUCH PLAN. UPON RECEIPT OF SUCH PLAN, THE IMPLEMENTING LEGISLATION THEREFOR SHALL BE INTRODUCED IN BOTH HOUSES OF THE LEGISLATURE WITHOUT ANY AMENDMENTS WITHIN FIVE DAYS. (B) ON OR BEFORE THE FIFTEENTH OF JUNE FOLLOWING THE DISSEMINATION OF THE APPORTIONMENT PLAN TO THE PUBLIC, THE APPORTIONMENT COMMISSION SHALL CONDUCT NOT LESS THAN ONE PUBLIC HEARING ON SUCH APPORTIONMENT PLAN IN EACH OF THE CITIES AND COUNTIES DELINEATED IN PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF THIS SECTION, AND SHALL REPORT THE FINDINGS OF ALL SUCH HEARINGS TO THE LEGISLATURE. (C) THE LEGISLATION INTRODUCED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH SUCH HOUSES
OF THE LEGISLATURE WITHIN SEVEN DAYS AFTER THE APPORTIONMENT COMMISSION REPORTS THE FINDINGS OF ITS PUBLIC HEARING TO THE LEGISLATURE. IF APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR WITHIN FIVE DAYS. 5. IF (A) EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION SUBMITTED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION WITHIN TWENTY-ONE DAYS OF ITS SUBMISSION, OR (B) THE GOVERNOR SHALL VETO SUCH LEGISLATION AND THE LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO WITHIN FIFTEEN DAYS OF SUCH VETO, THE APPORTIONMENT COMMISSION SHALL HOLD AN OPEN HEARING WITHIN FIFTEEN DAYS OF SAID FAILURE TO PASS THE LEGISLATION AS IN PARAGRAPH (A) OF THIS SUBDIVISION OR FAILURE TO OVERRIDE THE GOVERNOR'S VETO AS IN PARAGRAPH (B) OF THIS SUBDIVISION AT WHICH THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE, OR EACH OF THEIR DESIGNEES SHALL TESTIFY AS TO THE REASONS THAT THE LEGISLATION DID NOT BECOME LAW, AND MEMBERS OF THE PUBLIC WILL ALSO BE INVITED TO TESTIFY. WITHIN FIFTEEN DAYS OF SUCH HEARING, THE APPORTIONMENT COMMISSION SHALL ESTABLISH AND SUBMIT TO THE LEGISLATURE A SECOND APPORTIONMENT PLAN AND THE NECESSARY IMPLEMENTING LEGISLATION FOR SUCH PLAN. UPON RECEIPT OF SUCH SECOND PLAN, THE IMPLE- MENTING LEGISLATION THEREFOR SHALL BE INTRODUCED IN BOTH HOUSES OF THE LEGISLATURE WITHOUT ANY AMENDMENTS WITHIN FIVE DAYS. SUCH LEGISLATION SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH SUCH HOUSES WITHIN TWEN- TY-ONE DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS INTRODUCTION. IF APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR WITHIN FIVE DAYS. 6. IF (A) EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION SUBMITTED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION WITHIN TWENTY-ONE DAYS OF ITS SUBMISSION, OR (B) THE GOVERNOR SHALL VETO SUCH LEGISLATION AND THE LEGISLATURE FAILS TO OVERRIDE SUCH VETO THE APPORTIONMENT COMMISSION SHALL HOLD AN OPEN HEARING WITHIN FIFTEEN DAYS OF SAID FAILURE TO PASS THE LEGISLATION AS IN PARAGRAPH (A) OF THIS SUBDIVISION OR FAILURE TO OVERRIDE THE GOVERNOR'S VETO AS IN PARAGRAPH (B) OF THIS SUBDIVISION AT WHICH THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE, OR EACH OF THEIR DESIGNEES SHALL TESTIFY AS TO THE REASONS THAT THE LEGISLATION DID NOT BECOME LAW, AND MEMBERS OF THE PUBLIC WILL ALSO BE INVITED TO TESTIFY. WITHIN FIFTEEN DAYS OF SUCH HEARING, THE APPORTIONMENT COMMISSION SHALL ESTAB- LISH AND SUBMIT TO THE LEGISLATURE A THIRD APPORTIONMENT PLAN AND THE NECESSARY IMPLEMENTING LEGISLATION FOR SUCH PLAN. UPON RECEIPT OF SUCH THIRD PLAN, THE IMPLEMENTING LEGISLATION WITH ANY AMENDMENTS THE LEGIS- LATURE SHALL DEEM NECESSARY SHALL BE INTRODUCED IN BOTH HOUSES OF THE LEGISLATURE WITHIN FIVE DAYS. ALL SUCH AMENDMENTS SHALL COMPLY WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. SUCH LEGISLATION SHALL BE VOTED UPON BY BOTH SUCH HOUSES WITHIN TWENTY-ONE DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS INTRODUCTION. IF APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR WITHIN FIVE DAYS. S 99. APPLICATION OF ARTICLE. 1. THE PROCESS FOR APPORTIONMENT OF CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS ESTABLISHED BY THIS ARTI- CLE SHALL BE THE EXCLUSIVE MEANS BY WHICH SUCH APPORTIONMENT SHALL BE COMPLETED IN THIS STATE. EVERY APPORTIONMENT OF CONGRESSIONAL OR STATE LEGISLATIVE DISTRICTS PERFORMED IN VIOLATION OF THE PROVISIONS OF THIS ARTICLE SHALL BE VOID. IN ANY PROCEEDING RELATING TO APPORTIONMENT OF CONGRESSIONAL OR STATE LEGISLATIVE DISTRICTS, THE COURT SHALL IMPLEMENT THE PLAN THAT BEST SERVES THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION NINETY-EIGHT OF THIS ARTICLE.
2. AN APPORTIONMENT STATUTE SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL A SUBSEQUENT APPORTIONMENT STATUTE, BASED UPON THE SUCCEEDING DECENNIAL FEDERAL CENSUS, TAKES EFFECT, UNLESS MODIFIED PURSUANT TO COURT ORDER. S 5. Subdivision 8 of section 71 of the correction law, as added by section 1 of part XX of chapter 57 of the laws of 2010, the opening paragraph of paragraph (a) as amended by section 16 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 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 corrections and community supervision shall by September first of that same year deliver to the [legislative task force on demographic research and reapportion- ment] APPORTIONMENT COMMISSION the following information for each incar- cerated person subject to the jurisdiction of the department and located in this state on the date for which the decennial census reports popu- lation: (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] APPORTIONMENT COMMISSION 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] APPORTIONMENT COMMIS- SION shall specify. S 6. Chapter 17 of the laws of 2012, amending the legislative law relating to redistricting of congressional, senate and assembly districts, is REPEALED. S 7. This act shall take effect immediately.

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