NY State Senate Bill 2023-S444

Senate Bill S444

2023-2024 Legislative Session

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

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Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to local government
Jan 04, 2023	referred to local government

co-Sponsors

2023-S444 (ACTIVE) - Details

See Assembly Version of this Bill:: A892
Current Committee:: Senate Local Government
Law Section:: Municipal Home Rule Law
Laws Affected:: Amd §§10 & 34, Munic Home R L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8838, A10191
2021-2022: S1849, A349

2023-S444 (ACTIVE) - Summary

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.

2023-S444 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S444

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

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.

 
SUMMARY OF PROVISIONS:

Section 1: Amends clause (c.) of subparagraph 13 of subdivision 1 of
section 10 of the municipal home rule law to delete "citizens, or regis-
tered voters" as a basis for considering "population" for the purpose of
redistricting. It leaves only "residents" as the consideration for

"population."

Section 2: Amends subdivision 4 of section 34 of municipal home rule law
by adding a new paragraph g, which specifies the definition of "popu-
lation."

Section 3: Sets effective date.

 
JUSTIFICATION:

The current state legislation left the ability for local municipal
districts to be drawn and reapportioned based on not only on residents,
but citizenship status or registration. This is an oversight that must
be corrected.

There have been a series of historic United Supreme Court cases mandat-
ing that legislative districts should be drawn based on equal popu-
lation. This principal was applied to the United States Congress in
Wesberry v. Sanders, 376 U.S. 1 (1964). In Reynolds v. Sims, 377 U.S.533
(1964) the Court held that the Equal Protection Clause requires that the
seats in both houses of a bicameral state legislature must be appor-
tioned on a total population basis.

These cases made clear that representatives in a legislature represent
the entire population in a district: those of voting age and those who
are not; voters and non-voters; citizens and noncitizens.  More recently
in Evenwel v. Abbott, 136 S.Ct;1120 (2016), plaintiffs challenged
Texas's 2011 redistricting scheme, arguing that its use of total popu-
lation violated the Equal Protection Clause and argued for districts
drawn by the number of voters. While "based on constitutional history,
precedent and practice reveal the infirmity of (Texa69 claim" to redis-
trict based on the number of voters, the Court did not reach the issue
of whether a state could redistrict by using the number of voters, the
Court did state and reaffirmed that under the one-person, one-vote prin-
cipal, jurisdictions must design legislative districts with equal popu-
lation with a deviation of no more than 10% between the largest and
smallest districts. The Supreme Court held that its past opinions
confirmed that states may use total population in order to comply with
one person, one vote.

The standard of considering total population based on the census data is
the only fair way to redistrict. This change is necessary to avoid an
unfair and unconstitutional result in the future. The State Legisla-
ture's redistricting is based on the total population of residents.
Counties and local governments should have no less of a standard.

 
LEGISLATIVE HISTORY:

Senate

2020 - S8838, Referred to Local Government

2021-2022- S1849, Referred to Local Government

Assembly

2020- A10191, Referred to Local Governments

2021-2022- A34913, Passed Assembly

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S444 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    444
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  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:
 
   Section 1. Clause (c.) of subparagraph 13 of paragraph a  of  subdivi-
 sion  1  of  section  10  of  the municipal home rule law, as amended by
 section 119 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   [(c.)] (C) As used in this subparagraph the  term  "population"  shall
 mean  residents[, citizens, or registered voters]. For such purposes, no
 person shall be deemed to have gained or lost a residence,  or  to  have
 become a resident of a local government, as defined in subdivision eight
 of section two of this chapter, by reason of being subject to the juris-
 diction  of  the department of corrections and community supervision and
 present in a state correctional facility pursuant to such  jurisdiction.
 A  population  base  for  such  a plan of [apportionment] DISTRICTING OR
 REDISTRICTING shall utilize the latest statistical information  obtaina-
 ble from an official enumeration done at the same time for all the resi-
 dents[,  citizens, or registered voters] of the local government. Such a
 plan may allocate, by extrapolation or any other rational  method,  such
 latest statistical information to representation areas or units of local
 government,  provided  that any plan containing such an allocation shall
 have annexed thereto as an appendix, a detailed explanation of the allo-
 cation.
   § 2. Subdivision 4 of section 34 of the municipal  home  rule  law  is
 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
 S. 444                              2
 
   G.  AS  USED  IN THIS SUBDIVISION THE   TERM  "POPULATION"  SHALL MEAN
 RESIDENTS. FOR SUCH PURPOSES, NO PERSON SHALL BE DEEMED TO  HAVE  GAINED
 OR LOST A RESIDENCE, OR TO HAVE BECOME A RESIDENT OF A LOCAL GOVERNMENT,
 AS  DEFINED  IN  SUBDIVISION  EIGHT  OF  SECTION TWO OF THIS CHAPTER, BY
 REASON  OF  BEING  SUBJECT  TO  THE  JURISDICTION  OF  THE DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION AND PRESENT IN A STATE CORRECTION-
 AL FACILITY PURSUANT TO SUCH  JURISDICTION. A POPULATION BASE FOR SUCH A
 PLAN OF DISTRICTING OR REDISTRICTING SHALL UTILIZE  THE  LATEST  STATIS-
 TICAL  INFORMATION   OBTAINABLE FROM AN OFFICIAL ENUMERATION DONE AT THE
 SAME TIME FOR ALL THE RESIDENTS OF THE LOCAL GOVERNMENT. SUCH A PLAN MAY
 ALLOCATE, BY EXTRAPOLATION OR ANY OTHER  RATIONAL  METHOD,  SUCH  LATEST
 STATISTICAL  INFORMATION  TO  REPRESENTATION  AREAS  OR  UNITS  OF LOCAL
 GOVERNMENT, PROVIDED THAT ANY PLAN CONTAINING SUCH AN  ALLOCATION  SHALL
 HAVE ANNEXED THERETO AS AN APPENDIX, A DETAILED EXPLANATION OF THE ALLO-
 CATION.
   § 3. This act shall take effect immediately.

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Senate Bill S444

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Sponsored By

James Skoufis