Bill Text: NY A00892 | 2023-2024 | General Assembly | Introduced


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 6-0)

Status: (Engrossed - Dead) 2024-03-26 - REFERRED TO LOCAL GOVERNMENT [A00892 Detail]

Download: New_York-2023-A00892-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           892

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by M. of A. JACOBSON, OTIS, SAYEGH -- read once and referred
          to the Committee on Local Governments

        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
    19  have annexed thereto as an appendix, a detailed explanation of the allo-
    20  cation.
    21    § 2. Subdivision 4 of section 34 of the municipal  home  rule  law  is
    22  amended by adding a new paragraph g to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02199-01-3

        A. 892                              2

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