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


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 24, 2020 amended on third reading 426b
Feb 20, 2020 advanced to third reading cal.399
Feb 11, 2020 reported
Jan 08, 2020 referred to local governments
Jun 18, 2019 reported referred to rules
Jun 17, 2019 print number 426a
Jun 17, 2019 amend and recommit to local governments
Jan 09, 2019 referred to local governments

Co-Sponsors

Multi-Sponsors

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

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.

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

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

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.

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

view additional co-sponsors

Multi-Sponsors

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

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.

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