assembly Bill A9834A

2009-2010 Legislative Session

Relates to the collection of census data

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2010 reported referred to rules
Jun 09, 2010 print number 9834a
Jun 09, 2010 amend and recommit to correction
Feb 03, 2010 referred to correction

Co-Sponsors

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Multi-Sponsors

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A9834 - Details

See Senate Version of this Bill:
S6725A
Law Section:
Correction Law
Laws Affected:
Amd §71, Cor L; amd §83-m, Leg L; amd §10, Munic Home R L

A9834 - Summary

Relates to the collection of census data.

A9834 - Sponsor Memo

A9834 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9834

                          I N  A S S E M B L Y

                            February 3, 2010
                               ___________

Introduced by M. of A. JEFFRIES, ESPAILLAT, DINOWITZ, ARROYO, P. RIVERA,
  HEASTIE,  LAVINE,  BENJAMIN,  KAVANAGH,  KELLNER,  LUPARDO, McENENY --
  Multi-Sponsored by -- M. of A.  BOYLAND, CLARK, CRESPO, GIBSON, GLICK,
  HOOPER, LATIMER, PEOPLES-STOKES,  PERRY,  ROSENTHAL,  STIRPE,  TITONE,
  TOWNS -- read once and referred to the Committee on Correction

AN ACT to amend the correction law, the legislative law, and the munici-
  pal home rule law, in relation to the collection of census data

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds that for purposes
of determining legislative districts, incarcerated  persons  in  correc-
tional facilities in this state have been classified as residents of the
districts  where they are incarcerated rather than as residents of their
places of residence prior to incarceration. Article 2, section 4 of  the
New York constitution requires that for the purpose of voting, no person
shall be deemed to have gained or lost a residence while confined in any
public prison.  Likewise, subdivision 1 of section 5-104 of the election
law  directs  that  for  the purpose of registering and voting no person
shall be deemed to have gained or lost a residence while confined in any
public prison. Despite these provisions, the legislature finds that  the
decennial  census does not provide the information necessary to allocate
incarcerated persons to their residences prior  to  incarceration.  This
legislation is intended to facilitate the proper allocation of incarcer-
ated  persons to their residences prior to incarceration for purposes of
determining legislative districts, without  requiring  revision  of  the
enumeration of the decennial census.
  S  2.  Section  71  of  the  correction law is amended by adding a new
subdivision 8 to read as follows:
  8. (A) IN EACH YEAR IN WHICH THE FEDERAL DECENNIAL CENSUS IS TAKEN BUT
IN WHICH THE UNITED STATES BUREAU OF THE CENSUS DOES NOT  REPORT  INCAR-
CERATED  PERSONS  AT  EACH  SUCH  PERSON'S  RESIDENTIAL ADDRESS PRIOR TO
INCARCERATION, THE DEPARTMENT OF CORRECTIONAL  SERVICES  SHALL  BY  JULY
FIRST  OF  THAT SAME YEAR DELIVER TO THE LEGISLATIVE TASK FORCE ON DEMO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15664-02-0

Co-Sponsors

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Multi-Sponsors

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A9834A (ACTIVE) - Details

See Senate Version of this Bill:
S6725A
Law Section:
Correction Law
Laws Affected:
Amd §71, Cor L; amd §83-m, Leg L; amd §10, Munic Home R L

A9834A (ACTIVE) - Summary

Relates to the collection of census data.

A9834A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9834--A

                          I N  A S S E M B L Y

                            February 3, 2010
                               ___________

Introduced by M. of A. JEFFRIES, ESPAILLAT, DINOWITZ, ARROYO, P. RIVERA,
  HEASTIE,   LAVINE,  BENJAMIN,  KAVANAGH,  KELLNER,  LUPARDO,  McENENY,
  PEOPLES-STOKES,  CAMARA,  TITUS,  WRIGHT,  PRETLOW,  JAFFEE,   MAISEL,
  BARRON,  J. RIVERA,  HOYT  --  Multi-Sponsored  by -- M. of A. ALESSI,
  BOYLAND, BRENNAN, CHRISTENSEN, CLARK, COLTON, CRESPO, FARRELL, GIBSON,
  GLICK, GOTTFRIED, HEVESI, HOOPER, LANCMAN,  LATIMER,  LENTOL,  LIFTON,
  MILLMAN, PERRY, ROBINSON, ROSENTHAL, SCHIMEL, STIRPE, TITONE, TOWNS --
  read  once  and  referred  to the Committee on Correction -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the correction law, the legislative law, and the munici-
  pal home rule law, in relation to the collection of census data

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds that for purposes
of  determining  legislative  districts, incarcerated persons in correc-
tional facilities in this state have been classified as residents of the
districts where they are incarcerated rather than as residents of  their
places  of residence prior to incarceration. Article 2, section 4 of the
New York constitution requires that for the purpose of voting, no person
shall be deemed to have gained or lost a residence while confined in any
public prison.  Likewise, subdivision 1 of section 5-104 of the election
law directs that for the purpose of registering  and  voting  no  person
shall be deemed to have gained or lost a residence while confined in any
public  prison. Despite these provisions, the legislature finds that the
decennial census does not provide the information necessary to  allocate
incarcerated  persons  to their residences prior to incarceration in the
manner that the foregoing provisions of the  constitution  and  laws  of
this state require. This legislation is intended to facilitate the prop-
er  allocation  of  incarcerated  persons  to  their residences prior to
incarceration for purposes of determining legislative districts, without
requiring revision of the enumeration of the decennial census.
  S 2. Section 71 of the correction law  is  amended  by  adding  a  new
subdivision 8 to read as follows:

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

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