This is the bill text that passed as part XX of the revenue budget A9710-D. It passed the Assembly on July 1, and the Senate on August 3. The Governor signed it on August 11, 2010. A technical amendment, A11597/S8415, passed on the same dates.-Peter Wagner
17 PART XX 18 Section 1. Section 71 of the correction law is amended by adding a 19 new subdivision 8 to read as follows: 20 8. (a) In each year in which the federal decennial census is taken but 21 in which the United States bureau of the census does not implement a 22 policy of reporting incarcerated persons at each such person's residen- 23 tial address prior to incarceration, the department of correctional 24 services shall by July first of that same year deliver to the legisla- 25 tive task force on demographic research and reapportionment the follow- 26 ing information for each incarcerated person subject to the jurisdiction 27 of the department and located in this state on the date for which the 28 decennial census reports population: 29 (i) A unique identifier, not including the name, for each such person; 30 (ii) The street address of the correctional facility in which such 31 person was incarcerated at the time of such report; 32 (iii) The residential address of such person prior to incarceration 33 (if any); and 34 (iv) Any additional information as the task force may specify pursuant 35 to law. 36 (b) The department shall provide the information specified in para- 37 graph (a) of this subdivision in such form as the legislative task force 38 on demographic research and reapportionment shall specify. 39 § 2. Section 83-m of the legislative law is amended by adding a new 40 subdivision 13 to read as follows: 41 13. (a) The task force shall specify the form in which the department 42 of correctional services shall provide such information required to be 43 reported to the task force pursuant to subdivision eight of section 44 seventy-one of the correction law. 45 (b) Upon receipt of such information for each incarcerated person 46 subject to the jurisdiction of the department of correctional services, 47 the task force shall determine the census block corresponding to the 48 street address of each such person's residential address prior to incar- 49 ceration (if any), and the census block corresponding to the street 50 address of the correctional facility in which such person was held 51 subject to the jurisdiction of such department. Until such time as the 52 United States bureau of the census shall implement a policy of reporting 53 each such incarcerated person at such person's residential address prior 54 to incarceration, the task force shall use such data to develop a data-
S. 6610--C 113 A. 9710--D 1 base in which all incarcerated persons shall be, where possible, allo- 2 cated for redistricting purposes, such that each geographic unit 3 reflects incarcerated populations at their respective residential 4 addresses prior to incarceration rather than at the addresses of such 5 correctional facilities. For all incarcerated persons whose residential 6 address prior to incarceration was outside of the state, or for whom the 7 task force cannot identify their prior residential address, and for all 8 persons confined in a federal correctional facility on census day, the 9 task force shall consider those persons to have been counted at an 10 address unknown and persons at such unknown address shall not be 11 included in such data set created pursuant to this paragraph. The task 12 force shall develop and maintain such amended population data set and 13 shall make such amended data set available to local governments, as 14 defined in subdivision eight of section two of the municipal home rule 15 law, and for the drawing of assembly and senate districts. The assembly 16 and senate districts shall be drawn using such amended population data 17 set. 18 (c) Notwithstanding any other provision of law, the information 19 required to be provided pursuant to subdivision eight of section seven- 20 ty-one of the correction law shall be treated as confidential and shall 21 not be disclosed by the task force except as aggregated by census block 22 for purpose specified in this subdivision. 23 § 3. The opening paragraph, subclause (i.) of clause (a.) and clause 24 (c.) of subparagraph 13 of paragraph a of subdivision 1 of section 10 of 25 the municipal home rule law, as added by chapter 834 of the laws of 26 1969, are amended to read as follows: 27 The apportionment of its legislative body and, only in connection with 28 such action taken pursuant to this subparagraph, the composition and 29 membership of such body, the terms of office of members thereof, the 30 units of local government or other areas from which representatives are 31 to be chosen and the voting powers of individual members of such legis- 32 lative body. [
The] Except for the equal apportionment requirements in 33 subclause (i.) of clause (a.) and clause (c.) of this subparagraph, 34 which shall apply generally to any local government, the power granted 35 by this subparagraph shall be in addition to and not in substitution for 36 any other power and the provisions of this subparagraph shall apply only 37 to local governments which adopt a plan of apportionment thereunder. 38 (i.) The plan shall provide substantially equal weight for [ all] the 39 [ voters] population of that local government in the allocation of repre- 40 sentation in the local legislative body. 41 (c.) As used in this subparagraph the term "population" shall mean 42 residents, citizens, or registered voters. For such purposes, no person 43 shall be deemed to have gained or lost a residence, or to have become a 44 resident of a local government, as defined in subdivision eight of 45 section two of this chapter, by reason of being subject to the jurisdic- 46 tion of the department of correctional services and present in a state 47 correctional facility pursuant to such jurisdiction. A population base 48 for such a plan of apportionment shall utilize the latest statistical 49 information obtainable from an official enumeration done at the same 50 time for all the residents, citizens, or registered voters of the local 51 government. Such a plan may allocate, by extrapolation or any other 52 rational method, such latest statistical information to representation 53 areas or units of local government, provided that any plan containing 54 such an allocation shall have annexed thereto as an appendix, a detailed 55 explanation of the allocation.
S. 6610--C 114 A. 9710--D 1 § 4. Severability. If any section, subdivision, paragraph, subpara- 2 graph, clause or other part of this act or its application is held to be 3 invalid by final judgment of a court of competent jurisdiction, such 4 invalidity shall not be deemed to impair or otherwise affect the validi- 5 ty of the remaining provisions or applications of this act that can be 6 given effect without such invalid provision or application, but such 7 invalidity shall be confined to the section, subdivision, paragraph, 8 subparagraph, clause or other part of this act or its application 9 directly held invalid thereby, which are declared to be severable from 10 the remainder of this act. It is declared to be the intent of the legis- 11 lature that this act would have been enacted but for any such invalid 12 provision or application thereof. 13 § 5. This act shall take effect immediately; provided, however, that 14 the amendments to section 83-m of the legislative law made by section 15 two of this act shall not affect the repeal of such section and shall be 16 deemed repealed therewith.