NY State Senate Bill S4611A

Archive: Last 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

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

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
2021-2022: S971, A229

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

 
BILL NUMBER: S4611

SPONSOR: GAUGHRAN
 
TITLE OF BILL:  An act to amend the municipal home rule law, in
relation to the division of a county into districts for the apportion-
ment of members of its local legislative body

 
PURPOSE OR GENERAL IDEA OF BILL:

Provides that counties, other than a county wholly contained within a
city, shall apportion the members of their local legislative bodies
pursuant to the municipal home rule law, subject to federal and state
constitutional requirements.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph g of subdivision 3 of section 34 of the
municipal home rule law to require all counties to follow State guide-
lines when redistricting their own local legislative body.

Section two defines the enactment date.

 
JUSTIFICATION:

The Municipal Home Rule Law contains specific guidelines for county
redistricting. The guidelines, which spell out allowable deviations in
population equality among districts, direct counties to follow political
subdivision lines to the extent possible in the districting process.

The Westchester League of Women Voters challenged the 1991 county legis-
lative redistricting in State Supreme Court on the ground that the coun-
ty redistricting that year ignored the State guidelines. The Court ruled
that Westchester was immune from the directives of the Municipal Home
Rule Law, a finding that was upheld in the Appellate Division. It stat-
ed: "Westchester County operates under a charter form of government and
its reapportionment plans are adopted pursuant to its charter, not
Municipal Home Rule Law Sec 10(1)(a)(13)(a)." The County League worked
unsuccessfully for a Charter amendment that would incorporate guidelines
for protecting political subdivision lines, subject to legal require-
ments for equal population districting. Statutory provisions for elec-
toral procedures should be uniformly applied in New York State. In the
face of the County's failure to exercise its own power to establish fair
districting guidelines, the State should extend the reach of the Munici-
pal Home Rule Law guidelines on districting to cover charter counties.
This proposed amendment would extend generally accepted standards for
representation to all the people of New York.

 
LEGISLATIVE HISTORY:

A.446 of 2017 and 2018, referred to local governments.
A.1408 of 2015 and 2016, referred to local governments.
A.501 of 2013 and 2014, referred to local governments.
A.142 of 2011 and 2012, referred to local governments.
A.782 of 2009 and 2010, referred to local governments.
A.1017 of 2007 and 2008, referred to local governments.
A.1773 of 2005 and 2006, referred to local governments.
A.5008 of 2004 recommitted to local goverments.

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
Immediately following enactment.

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
2021-2022: S971, A229

S4611A (ACTIVE) - Summary

S4611A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4611A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide that no county shall supersede any state law which relates to
the division of any county into districts for the purposes of apportion-
ment

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one adds a new section 34 to the municipal home rule law by
adding a new subdivision 4 which provides that 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 subjected to federal
and state constitutional requirements and shall comply with the follow-
ing 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 representative areas. Adjacent representation areas in the
same town or city shall not contain a greater excess in population than
five percent of a full ration 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 contagious territory
in as compact form as practicable.

Section two sets the enactment date.

 
JUSTIFICATION:

The Municipal Home Rule Law contains specific guidelines for county
redistricting. The guidelines, which spell out allowable deviations in
population equality among districts, direct counties to follow political
subdivision lines to the extent possible in the districting process.

The Westchester League of Women Voters challenged the 1991 county legis-
lative redistricting in State Supreme. Court on the ground that the
county redistricting that year ignored the State guidelines. The Court
ruled that Westchester was immune from the directives of the Municipal
Home Rule Law, a finding that was upheld in the Appellate Division. It
stated: "Westchester County operates under a charter form of government
and its reapportionment plans are adopted pursuant to its charter, not
Municipal Home Rule Law Sec 10(1)(a)(13) (a)."  The County League worked
unsuccessfully for a Charter amendment that would incorporate guidelines
for protecting political subdivision lines, subject to legal require-
ments for equal population districting. Statutory provisions for elec-
toral procedures should be uniformly applied in New York State. In the
face of the County's failure to exercise its own power to establish fair
districting guidelines, the State should extend the reach of the Munici-
pal Home Rule Law guidelines on districting to cover charter counties.
This proposed amendment would extend generally accepted standards for
representation to all the people of New York.

 
LEGISLATIVE HISTORY:

A.446 of 2017 and 2018,referred to local governments.

A.1408 of 2015 and 2016, referred to local governments.

A.501 of 2013 and 2014, referred to local governments.

A.142 of 2011 and 2012, referred to local governments.

A.782 of 2009 and 2010, referred to local governments.

A.1017 of 2007 and 2008, referred to local governments.

A.1773 of 2005 and 2006 referred to local governments.

A.5008 of 2004 recommitted to local governments.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03710-05-0

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The New York State Senate

senate Bill S4611A

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Your Voice

Actions

Votes

May 6, 2019 - Local Government committee Vote

Committee Vote: May 6, 2019

Bill Amendments

Co-Sponsors

S4611 - Details

S4611 - Summary

S4611 - Sponsor Memo

S4611 - Bill Text download pdf

Co-Sponsors

S4611A (ACTIVE) - Details

S4611A (ACTIVE) - Summary

S4611A (ACTIVE) - Sponsor Memo

S4611A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4611A

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Sponsored By

James Gaughran

Archive: Last Bill Status - In Senate Committee Local Government Committee

Your Voice

Actions

Votes

May 6, 2019 - Local Government committee Vote

Committee Vote: May 6, 2019

Bill Amendments

Co-Sponsors

James Skoufis

S4611 - Details

S4611 - Summary

S4611 - Sponsor Memo

S4611 - Bill Text download pdf

Co-Sponsors

Rachel May

James Skoufis

S4611A (ACTIVE) - Details

S4611A (ACTIVE) - Summary

S4611A (ACTIVE) - Sponsor Memo

S4611A (ACTIVE) - Bill Text download pdf

Comments