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Assembly Bill A426B

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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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A426 - Details

See Senate Version of this Bill:
S4611
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: A229, S971

2019-A426 - 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-A426 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    426
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. PAULIN, GALEF, ORTIZ, GUNTHER -- Multi-Sponsored
   by -- M. of A.   CAHILL, ENGLEBRIGHT, PEOPLES-STOKES,  PERRY  --  read
   once and referred to the Committee on Local Governments
 
 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

multi-Sponsors

2019-A426A - Details

See Senate Version of this Bill:
S4611
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: A229, S971

2019-A426A - 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-A426A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  426--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. PAULIN, GALEF, ORTIZ, GUNTHER -- Multi-Sponsored
   by -- M. of A.   CAHILL, ENGLEBRIGHT, PEOPLES-STOKES,  PERRY  --  read
   once  and  referred to the Committee on Local Governments -- 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
 VOTERS  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.

co-Sponsors

multi-Sponsors

2019-A426B (ACTIVE) - Details

See Senate Version of this Bill:
S4611
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: A229, S971

2019-A426B (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-A426B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  426--B
                                                         Cal. No. 399
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. PAULIN, GALEF, ORTIZ, GUNTHER -- Multi-Sponsored
   by -- M. of A.   CAHILL, ENGLEBRIGHT, PEOPLES-STOKES,  PERRY  --  read
   once  and  referred to the Committee on Local Governments -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Local Governments
   in accordance with Assembly Rule 3, sec. 2  --  advanced  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place on the
   order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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