Senate Bill S4611A

2019-2020 Legislative Session

Provides no county shall supersede any state law which relates to the division of any county into districts for the purpose of apportionment

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Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-S4611 - Details

See Assembly Version of this Bill:
A426
Current Committee:
Senate Local Government
Law Section:
Municipal Home Rule Law
Laws Affected:
Amd §34, Munic Home R L
Versions Introduced in Other Legislative Sessions:
2009-2010: A782
2011-2012: A142
2013-2014: A501
2015-2016: A1408
2017-2018: A446
2021-2022: S971, A229

2019-S4611 - Summary

Provides that any plan of apportionment relating to the division of a county, except a county wholly contained within a city, into districts for the purpose of apportionment or reapportionment of members of its local legislative body shall be subject to federal and state constitutional requirements; further provides for standards to be followed for such plan.

2019-S4611 - Sponsor Memo

2019-S4611 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4611
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the municipal home rule law, in relation to the division
   of a county into districts for the apportionment  of  members  of  its
   local legislative body

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph g of subdivision 3 of section 34 of the  munici-
 pal  home  rule  law  is relettered paragraph h and a new paragraph g is
 added to read as follows:
   G. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS  CHAPTER  OR  OF
 ANY  OTHER GENERAL, SPECIAL, OR LOCAL LAW, OR ANY CODE, ORDINANCE, CHAR-
 TER, RULE, OR REGULATION, WHICH RELATES TO THE DIVISION  OF  ANY  COUNTY
 EXCEPT  A  COUNTY WHOLLY CONTAINED WITHIN A CITY, INTO DISTRICTS FOR THE
 PURPOSE OF THE APPORTIONMENT OR REAPPORTIONMENT OF MEMBERS OF ITS  LOCAL
 LEGISLATIVE  BODY PURSUANT TO THIS CHAPTER, SUBJECT TO FEDERAL AND STATE
 CONSTITUTIONAL REQUIREMENTS;
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03710-01-9



              

co-Sponsors

2019-S4611A (ACTIVE) - Details

See Assembly Version of this Bill:
A426
Current Committee:
Senate Local Government
Law Section:
Municipal Home Rule Law
Laws Affected:
Amd §34, Munic Home R L
Versions Introduced in Other Legislative Sessions:
2009-2010: A782
2011-2012: A142
2013-2014: A501
2015-2016: A1408
2017-2018: A446
2021-2022: S971, A229

2019-S4611A (ACTIVE) - Summary

Provides that any plan of apportionment relating to the division of a county, except a county wholly contained within a city, into districts for the purpose of apportionment or reapportionment of members of its local legislative body shall be subject to federal and state constitutional requirements; further provides for standards to be followed for such plan.

2019-S4611A (ACTIVE) - Sponsor Memo

2019-S4611A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4611--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced by Sens. GAUGHRAN, SKOUFIS -- read twice and ordered printed,
   and  when printed to be committed to the Committee on Local Government
   -- 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 division
   of  a  county  into  districts for the apportionment of members of its
   local legislative body
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 4 of section 34 of the municipal home rule law
 is  renumbered subdivision 5 and a new subdivision 4 is added to read as
 follows:
   4.  ANY PLAN OF APPORTIONMENT ADOPTED PURSUANT TO A COUNTY CHARTER  OR
 CHARTER  LAW  RELATING  TO  THE  DIVISION OF ANY COUNTY, EXCEPT A COUNTY
 WHOLLY CONTAINED WITHIN A CITY, INTO DISTRICTS FOR THE  PURPOSE  OF  THE
 APPORTIONMENT  OR  REAPPORTIONMENT  OF  MEMBERS OF ITS LOCAL LEGISLATIVE
 BODY SHALL BE SUBJECT TO FEDERAL AND STATE  CONSTITUTIONAL  REQUIREMENTS
 AND SHALL COMPLY WITH THE FOLLOWING STANDARDS, WHICH SHALL HAVE PRIORITY
 IN THE ORDER SET FORTH IN THIS SUBDIVISION, TO THE EXTENT APPLICABLE:
   A.  THE  PLAN  SHALL PROVIDE SUBSTANTIALLY EQUAL WEIGHT FOR ALL OF THE
 RESIDENTS OF THAT COUNTY IN THE  ALLOCATION  OF  REPRESENTATION  IN  THE
 LOCAL LEGISLATIVE BODY.
   B.  IN  SUCH  PLAN, NO TOWN EXCEPT A TOWN HAVING MORE THAN ONE HUNDRED
 TEN PERCENT OF A FULL RATIO FOR EACH REPRESENTATIVE, SHALL BE DIVIDED IN
 THE FORMATION OR REPRESENTATION AREAS. ADJACENT REPRESENTATION AREAS  IN
 THE  SAME  TOWN OR CITY SHALL NOT CONTAIN A GREATER EXCESS IN POPULATION
 THAN FIVE PERCENT OF A FULL RATIO FOR EACH REPRESENTATIVE.
   C. THE PLAN SHALL PROVIDE SUBSTANTIALLY FAIR AND  EFFECTIVE  REPRESEN-
 TATION FOR THE PEOPLE OF THE COUNTY AS ORGANIZED IN POLITICAL PARTIES.
   D. REPRESENTATION AREAS SHALL BE OF CONVENIENT AND CONTIGUOUS TERRITO-
 RY IN AS COMPACT FORM AS PRACTICABLE.
   § 2. This act shall take effect immediately.
 
              

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