senate Bill S4611A

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Local Government 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 (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2020 print number 4611a
Mar 06, 2020 amend and recommit to local government
Jan 08, 2020 referred to local government
Jun 20, 2019 committed to rules
May 08, 2019 advanced to third reading
May 07, 2019 2nd report cal.
May 06, 2019 1st report cal.572
Mar 15, 2019 referred to local government

Votes

view votes

May 6, 2019 - Local Government committee Vote

S4611
5
2
committee
5
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 6, 2019

nay (2)

Co-Sponsors

S4611 - Details

See Assembly Version of this Bill:
A426
Current Committee:
Senate Local Government
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

S4611 - 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.

S4611 - Sponsor Memo

S4611 - Bill Text download pdf


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

                                  4611

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 15, 2019
                               ___________

Introduced  by Sen. GAUGHRAN -- 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 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

S4611A (ACTIVE) - Details

See Assembly Version of this Bill:
A426
Current Committee:
Senate Local Government
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

S4611A (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.

S4611A (ACTIVE) - Sponsor Memo

S4611A (ACTIVE) - Bill Text download pdf


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

                                 4611--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 15, 2019
                               ___________

Introduced by Sens. GAUGHRAN, SKOUFIS -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Local Government
  -- recommitted to the Committee on Local Government in accordance with
  Senate Rule 6, sec. 8 -- 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
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
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.
  § 2. This act shall take effect immediately.

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