S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10191
 
                           I N  A S S E M B L Y
 
                              March 24, 2020
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee 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:
 
   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.)  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  shall  utilize  the
 latest  statistical  information obtainable from an official enumeration
 done at the same time for all the residents[,  citizens,  or  registered
 voters]  of  the local government. Such a plan may allocate, by extrapo-
 lation 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 allocation.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15538-01-0