Bill Text: NY S01849 | 2021-2022 | General Assembly | Amended


Bill Title: Relates to the definition of "population" for purposes of providing substantially equal weight for the population of that local government in the allocation of representation in the local legislative body.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-02-01 - PRINT NUMBER 1849B [S01849 Detail]

Download: New_York-2021-S01849-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1849--B

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced  by Sens. SKOUFIS, REICHLIN-MELNICK -- read twice and ordered
          printed, and when printed to be committed to the  Committee  on  Local
          Government -- committee discharged, bill amended, ordered reprinted as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Local Government in accordance with Senate Rule 6, sec. 8
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee

        AN  ACT  to  amend the municipal home rule law, in relation to the defi-
          nition of "population" for purposes of providing  substantially  equal
          weight  for the  population of that local government in the allocation
          of representation  in the local legislative body

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Clause (c.) of subparagraph 13 of paragraph a of subdivi-
     2  sion 1 of section 10 of the municipal  home  rule  law,  as  amended  by
     3  section 119 of subpart B of part C of chapter 62 of the laws of 2011, is
     4  amended to read as follows:
     5    [(c.)]  (c)  As  used in this subparagraph the term "population" shall
     6  mean residents[, citizens, or registered voters]. For such purposes,  no
     7  person  shall  be  deemed to have gained or lost a residence, or to have
     8  become a resident of a local government, as defined in subdivision eight
     9  of section two of this chapter, by reason of being subject to the juris-
    10  diction of the department of corrections and community  supervision  and
    11  present  in a state correctional facility pursuant to such jurisdiction.
    12  A population base for such a  plan  of  [apportionment]  districting  or
    13  redistricting  shall utilize the latest statistical information obtaina-
    14  ble from an official enumeration done at the same time for all the resi-
    15  dents[, citizens, or registered voters] of the local government. Such  a
    16  plan  may  allocate, by extrapolation or any other rational method, such
    17  latest statistical information to representation areas or units of local
    18  government, provided that any plan containing such an  allocation  shall

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05272-05-2

        S. 1849--B                          2

     1  have annexed thereto as an appendix, a detailed explanation of the allo-
     2  cation.
     3    §  2.  Subdivision  4  of section 34 of the municipal home rule law is
     4  amended by adding a new paragraph g to read as follows:
     5    g. As used in this subdivision the   term   "population"   shall  mean
     6  residents.  For  such purposes, no person shall be deemed to have gained
     7  or lost a residence, or to have become a resident of a local government,
     8  as defined in subdivision eight of  section  two  of  this  chapter,  by
     9  reason  of  being  subject  to  the  jurisdiction  of  the department of
    10  corrections and community supervision and present in a state correction-
    11  al facility pursuant to such  jurisdiction. A population base for such a
    12  plan of districting or redistricting shall utilize  the  latest  statis-
    13  tical  information   obtainable from an official enumeration done at the
    14  same time for all the residents of the local government. Such a plan may
    15  allocate, by extrapolation or any other  rational  method,  such  latest
    16  statistical  information  to  representation  areas  or  units  of local
    17  government, provided that any plan containing such an  allocation  shall
    18  have annexed thereto as an appendix, a detailed explanation of the allo-
    19  cation.
    20    § 3. This act shall take effect immediately.
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