NY State Senate Bill 2021-S5160B

Senate Bill S5160B

Signed By Governor

2021-2022 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

Archive: Last Bill Status Via A229 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 27, 2021	signed chap.516
Oct 22, 2021	delivered to governor
Jun 09, 2021	returned to assembly passed senate 3rd reading cal.1448 substituted for s5160b
Jun 09, 2021	substituted by a229c
Jun 02, 2021	ordered to third reading cal.1448 committee discharged and committed to rules
May 25, 2021	print number 5160b
May 25, 2021	amend and recommit to local government
May 21, 2021	print number 5160a
May 21, 2021	amend and recommit to local government
Feb 25, 2021	referred to local government

Votes

- Jun 9, 2021 - Floor Vote
  A229
  
  43
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2021
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (20)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Jun 2, 2021 - Rules Committee Vote
  S5160B
  
  14
  
  Aye
  
  5
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 2, 2021
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (5)
      
      Boyle
      
      Gallivan
      
      Griffo
      
      O'Mara
      
      Ortt
      
      aye wr (2)
      
      Lanza
      
      Ritchie

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S5160 - Details

See Assembly Version of this Bill:: A229
Law Section:: Municipal Home Rule Law
Laws Affected:: Amd §§34 & 10, 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
2019-2020: A426

2021-S5160 - Summary

Provides that any plan of districting or redistricting 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; provides for standards to be followed for such plan.

2021-S5160 - Sponsor Memo

                                
 
BILL NUMBER: S5160

SPONSOR: SKOUFIS
 
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 amends section 34 of the municipal home rule law by adding a
new subdivision 4 which provides that notwithstanding any local law to
the contrary, 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 following standards, which shall have priority
in the order set forth in this subdivision, to the extent applicable:

a. districts shall be as nearly equal in population as is practicable;
the difference in population between the most and least populous
district shall not exceed four percent of the mean population of all
districts,

b. districts shall not be .drawn with the intent or result of denying or
abridging the equal opportunity of racial or language minority groups to
participate in the political process or to diminish their ability to
elect representatives of their choice,

c. to the extent possible, no villages or cities or towns except those
having more than one hundred ten percent of a full ratio for each
district, shall be divided,

d. districts shall be compact and consist of contiguous territory,

e. to the extent possible, a district shall unite communities defined by
actual shared interests, taking account of geographic, social, economic,
and other factors that indicate commonality of interest,

f. districts shall be drawn not to discourage competition for election
of representatives that reflect a district's political will. The cores
of existing districts and pre-existing political subdivisions, including
counties, cities, and towns, and of communities of interest shall also
be considered

g. districts shall be formed so as to promote the orderly and efficient
administration of elections.

Section two amends subparagraph 13 of paragraph a of subdivision 1 of
section 10 of the municipal home rule law to mirror new subdivision 4 of
section 34 of the municipal home rule law as described above.
Section three provides the effective 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.426b reported to rules in 2019 and advanced to third reading cal.399
in 2020 / Same as S.4611a, advanced to third reading and committed to
rules in 2019 and referred to local government in 2020.

A.446 of 2017 and 2018, A.1408 of 2015 and 2016,referred to local
governments. referred to local governments.

A.501of 2013and 2014,referred to local governments. A.142of 2011and
2012,referred to local governments.

A.782of 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.

2021-S5160 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5160
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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.  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.  NOTWITHSTANDING  ANY LOCAL LAW TO THE CONTRARY, ANY PLAN OF APPOR-
 TIONMENT 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 REAPPOR-
 TIONMENT 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. DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION AS IS PRACTICABLE;
 THE DIFFERENCE IN POPULATION BETWEEN MOST AND  LEAST  POPULOUS  DISTRICT
 SHALL  NOT  EXCEED FOUR PERCENT OF THE MEAN POPULATION OF ALL DISTRICTS;
 AND
   B. DISTRICTS SHALL NOT BE DRAWN WITH THE INTENT OR RESULT  OF  DENYING
 OR ABRIDGING THE EQUAL OPPORTUNITY OF RACIAL OR LANGUAGE MINORITY GROUPS
 TO  PARTICIPATE IN THE POLITICAL PROCESS OR TO DIMINISH THEIR ABILITY TO
 ELECT REPRESENTATIVES OF THEIR CHOICE; AND
   C. TO THE EXTENT POSSIBLE, NO VILLAGES OR CITIES OR TOWNS EXCEPT THOSE
 HAVING MORE THAN ONE HUNDRED TEN  PERCENT  OF  A  FULL  RATIO  FOR  EACH
 DISTRICT, SHALL BE DIVIDED; AND
   D. DISTRICTS SHALL BE COMPACT AND CONSIST OF CONTIGUOUS TERRITORY; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01955-04-1

 S. 5160                             2
 
   E.  TO THE EXTENT POSSIBLE, A DISTRICT SHALL UNITE COMMUNITIES DEFINED
 BY ACTUAL  SHARED  INTERESTS,  TAKING  ACCOUNT  OF  GEOGRAPHIC,  SOCIAL,
 ECONOMIC, AND OTHER FACTORS THAT INDICATE COMMONALITY OF INTEREST; AND
   F. DISTRICTS SHALL BE DRAWN NOT TO DISCOURAGE COMPETITION FOR ELECTION
 OF  REPRESENTATIVES  THAT REFLECT A DISTRICT'S POLITICAL WILL. THE CORES
 OF EXISTING DISTRICTS AND PRE-EXISTING POLITICAL SUBDIVISIONS  INCLUDING
 COUNTIES,  CITIES,  AND TOWNS, AND OF COMMUNITIES OF INTEREST SHALL ALSO
 BE CONSIDERED; AND
   G. DISTRICTS SHALL BE FORMED SO AS TO PROMOTE THE  ORDERLY  AND  EFFI-
 CIENT ADMINISTRATION OF ELECTIONS.
   § 2. Clause (a.) of subparagraph 13 of paragraph a of subdivision 1 of
 section  10  of  the municipal home rule law, as added by chapter 834 of
 the laws of 1969 and subclause (i.) as amended by section 3 of  part  XX
 of chapter 57 of the laws of 2010, is amended to read as follows:
   (a.)  A  plan  of  apportionment adopted under this subparagraph shall
 comply with the following standards, which shall have  priority  in  the
 order herein set forth, to the extent applicable:
   (i.)  [The plan shall provide substantially equal weight for the popu-
 lation of that local government in the allocation of  representation  in
 the local legislative body.
   (ii.)  In  such plan adopted by a county, no town except a town having
 more than one hundred and ten per cent of a full ratio for  each  repre-
 sentative,  shall  be  divided in the formation of representation areas.
 Adjacent representation areas in the same town or city shall not contain
 a greater excess in population than five per cent of a  full  ratio  for
 each representative.
   (iii.)  The plan shall provide substantially fair and effective repre-
 sentation for the people of the local government as organized  in  poli-
 tical parties.
   (iv.)  Representation  areas  shall  be  of  convenient and contiguous
 territory in as compact form as  practicable.]  DISTRICTS  SHALL  BE  AS
 NEARLY  EQUAL  IN  POPULATION AS IS PRACTICABLE; THE DIFFERENCE IN POPU-
 LATION BETWEEN THE MOST AND LEAST POPULOUS  DISTRICT  SHALL  NOT  EXCEED
 FOUR PERCENT OF THE MEAN POPULATION OF ALL DISTRICTS; AND
   (II.)  DISTRICTS SHALL NOT BE DRAWN WITH THE INTENT OR RESULT OF DENY-
 ING OR ABRIDGING THE EQUAL OPPORTUNITY OF RACIAL  OR  LANGUAGE  MINORITY
 GROUPS  TO  PARTICIPATE  IN  THE  POLITICAL PROCESS OR TO DIMINISH THEIR
 ABILITY TO ELECT REPRESENTATIVES OF THEIR CHOICE; AND
   (III.) TO THE EXTENT POSSIBLE, NO VILLAGES OR CITIES OR  TOWNS  EXCEPT
 THOSE  HAVING MORE THAN ONE HUNDRED TEN PERCENT OF A FULL RATIO FOR EACH
 DISTRICT, SHALL BE DIVIDED; AND
   (IV.) DISTRICTS SHALL BE COMPACT AND CONSIST OF CONTIGUOUS  TERRITORY;
 AND
   (V.)  TO  THE  EXTENT  POSSIBLE,  A  DISTRICT  SHALL UNITE COMMUNITIES
 DEFINED BY  ACTUAL  SHARED  INTERESTS,  TAKING  ACCOUNT  OF  GEOGRAPHIC,
 SOCIAL,  ECONOMIC, AND OTHER FACTORS THAT INDICATE COMMONALITY OF INTER-
 EST; AND
   (VI.)   DISTRICTS SHALL BE DRAWN NOT  TO  DISCOURAGE  COMPETITION  FOR
 ELECTION  OF  REPRESENTATIVES  THAT REFLECT A DISTRICT'S POLITICAL WILL.
 THE CORES OF EXISTING DISTRICTS AND PRE-EXISTING POLITICAL  SUBDIVISIONS
 INCLUDING  COUNTIES,  CITIES,  AND TOWNS, AND OF COMMUNITIES OF INTEREST
 SHALL ALSO BE CONSIDERED; AND
   (VII.) DISTRICTS SHALL BE FORMED SO AS  TO  PROMOTE  THE  ORDERLY  AND
 EFFICIENT ADMINISTRATION OF ELECTIONS.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S5160A - Details

See Assembly Version of this Bill:: A229
Law Section:: Municipal Home Rule Law
Laws Affected:: Amd §§34 & 10, 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
2019-2020: A426

2021-S5160A - Summary

2021-S5160A - Sponsor Memo

                                
 
BILL NUMBER: S5160A

SPONSOR: SKOUFIS
 
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 amends section 34 of the municipal home rule law by adding a
new subdivision 4 which provides that notwithstanding any local law to
the contrary, any plan of districting or redistricting adopted pursuant
to a county charter or charter law relating to the division of any coun-

ty, 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 constitu-
tional requirements and shall comply with the following standards, which
shall have priority in the order herein set forth, to the extent appli-
cable:

a. If such plan of districting or redistricting includes only single-
member districts, such districts shall be as nearly equal in population
as is practicable; the difference in population between the most and
least populous district shall not exceed five percent of the mean popu-
lation of all districts. If such plan of districting or redistricting
includes multi-member districts, the plan shall provide substantially
equal weight for the population of that county in the allocation of
representation in the legislative body of that county; and

b. Districts shall not be drawn with the intent or result of denying or
abridging the equal opportunity of racial or language minority groups to
participate in the political process or to diminish their ability to
elect representatives of their choice; and

c. Districts shall consist of contiguous territory; and

d. Districts shall be as compact in form as practicable; and

e. To the extent practicable, districts shall unite communities defined
by actual shared interests, taking account of geographic, social,
economic, and other factors that indicate commonality of interest; and

f. Districts shall not be drawn to discourage competition or for the
purpose of favoring or disfavoring incumbents or other particular candi-
dates or political parties. The maintenance of cores of existing
districts, of preexisting political subdivisions including cities,
villages, and towns, and of communities of interest shall also be
considered. To the extent practicable, no villages, cities or towns
except those having more than forty percent of a full ratio for each
district shall be divided; and

g. Districts shall be formed so as to promote the orderly and efficient
administration of elections.

Section two amends subparagraph 13 of paragraph a of subdivision 1 of
section 10 of the municipal home rule law to mirror new subdivision 4 of
section 34 of the municipal home rule law as described above and to make
other conforming changes.

Section three provides the effective date.

 
JUSTIFICATION:

The Municipal Home Rule Law (MHRL) contains specific guidelines for
county redistricting. The guidelines include a directive that counties
should follow political subdivision lines to the extent applicable
during redistricting.

In 1991, a county League of Women Voters challenged their county's
legislative redistricting in State Supreme Court on the ground that it
ignored the state guidelines. The Court ruled that the county was immune
from the directives of MHRL, a finding that was upheld in the Appellate
Division. It stated that the 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        )."
Accoringly, charter counties are not legally required to follow the
State redistricting standards set forth in MHRL.  Following that court
decision, the county League worked unsuccessfully for a charter amend-
ment that would incorporate guidelines for protecting political subdivi-
sion lines. In the face of that county's failure to exercise its own
power to establish fair redistricting guidelines, the State should
extend the reach of the MHRL guidelines on redistricting to cover char-
ter counties so that statutory provisions for electoral procedures would
be uniformly applied in New York State.

In the years since this bill was originally introduced in 2002, the
consensus on which standards should govern redistricting has evolved.
This bill updates the provisions of MHRL Sec 10(1)(a)(13)(a) and applies
those provisions to charter counties by adding identical provisions to
Section 34 of MHRL, which covers charter counties.  Several of the stan-
dards included in this bill were part of the 2014 amendment to the New
York State Constitution, which applied redistricting standards to the
drawing of congressional and state legislative districts. By adding
these standards to MHRL, they would also apply to the drawing of county
legislative districts.  The changes set forth in this bill will extend
generally accepted standards for representation to all the people of New
York.

 
LEGISLATIVE HISTORY:

A.426b reported to rules in 2019 and advanced to third reading cal.399
in 2020 / Same as S.4611a, advanced to third reading and committed to
rules in 2019 and referred to local government in 2020.

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 2003 and 2004, recommitted to local governments.

A.10698 of 2002, referred to local governments.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S5160A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5160--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2021
                                ___________
 
 Introduced  by Sens. SKOUFIS, GAUGHRAN, KAMINSKY, KAPLAN, THOMAS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Local Government -- 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.  NOTWITHSTANDING  ANY  LOCAL  LAW  TO  THE  CONTRARY,  ANY  PLAN OF
 DISTRICTING OR REDISTRICTING 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 HEREIN SET FORTH, TO THE EXTENT APPLICABLE:
   A.  IF SUCH PLAN OF DISTRICTING OR REDISTRICTING INCLUDES ONLY SINGLE-
 MEMBER DISTRICTS, SUCH DISTRICTS SHALL BE AS NEARLY EQUAL IN  POPULATION
 AS  IS  PRACTICABLE;  THE  DIFFERENCE IN POPULATION BETWEEN THE MOST AND
 LEAST POPULOUS DISTRICT SHALL NOT EXCEED FIVE PERCENT OF THE MEAN  POPU-
 LATION  OF  ALL  DISTRICTS. IF SUCH PLAN OF DISTRICTING OR REDISTRICTING
 INCLUDES MULTI-MEMBER DISTRICTS, THE PLAN  SHALL  PROVIDE  SUBSTANTIALLY
 EQUAL  WEIGHT  FOR  THE  POPULATION  OF THAT COUNTY IN THE ALLOCATION OF
 REPRESENTATION IN THE LEGISLATIVE BODY OF THAT COUNTY; AND
   B. DISTRICTS SHALL NOT BE DRAWN WITH THE INTENT OR RESULT  OF  DENYING
 OR ABRIDGING THE EQUAL OPPORTUNITY OF RACIAL OR LANGUAGE MINORITY GROUPS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01955-12-1

 S. 5160--A                          2
 
 TO  PARTICIPATE IN THE POLITICAL PROCESS OR TO DIMINISH THEIR ABILITY TO
 ELECT REPRESENTATIVES OF THEIR CHOICE; AND
   C. DISTRICTS SHALL CONSIST OF CONTIGUOUS TERRITORY; AND
   D. DISTRICTS SHALL BE AS COMPACT IN FORM AS PRACTICABLE; AND
   E.  TO  THE  EXTENT  PRACTICABLE,  DISTRICTS  SHALL  UNITE COMMUNITIES
 DEFINED BY  ACTUAL  SHARED  INTERESTS,  TAKING  ACCOUNT  OF  GEOGRAPHIC,
 SOCIAL,  ECONOMIC, AND OTHER FACTORS THAT INDICATE COMMONALITY OF INTER-
 EST; AND
   F. DISTRICTS SHALL NOT BE DRAWN TO DISCOURAGE COMPETITION OR  FOR  THE
 PURPOSE OF FAVORING OR DISFAVORING INCUMBENTS OR OTHER PARTICULAR CANDI-
 DATES  OR  POLITICAL  PARTIES.  THE  MAINTENANCE  OF  CORES  OF EXISTING
 DISTRICTS, OF  PRE-EXISTING  POLITICAL  SUBDIVISIONS  INCLUDING  CITIES,
 VILLAGES,  AND  TOWNS,  AND  OF  COMMUNITIES  OF  INTEREST SHALL ALSO BE
 CONSIDERED. TO THE EXTENT PRACTICABLE,  NO  VILLAGES,  CITIES  OR  TOWNS
 EXCEPT  THOSE  HAVING  MORE  THAN FORTY PERCENT OF A FULL RATIO FOR EACH
 DISTRICT SHALL BE DIVIDED; AND
   G. DISTRICTS SHALL BE FORMED SO AS TO PROMOTE THE  ORDERLY  AND  EFFI-
 CIENT ADMINISTRATION OF ELECTIONS.
   §  2. The opening paragraph and clauses (a.) and (b.)  of subparagraph
 13 of paragraph a of subdivision 1 of section 10 of the  municipal  home
 rule  law,  the  opening paragraph and subclause (i.) of clause (a.)  as
 amended by section 3 of part XX of chapter  57  of  the  laws  of  2010,
 clauses  (a.) and (b.)  as added by chapter 834 of the laws of 1969, are
 amended to read as follows:
   The apportionment of its legislative body and, only in connection with
 such action taken pursuant to this  subparagraph,  the  composition  and
 membership  of  such  body,  the terms of office of members thereof, the
 units of local government or other areas from which representatives  are
 to  be chosen and the voting powers of individual members of such legis-
 lative  body.  Except  for  the  equal  apportionment  requirements   in
 subclause  (i.)  of  clause  (a.)  and clause (c.) of this subparagraph,
 which shall apply generally to any local government, the  power  granted
 by this subparagraph shall be in addition to and not in substitution for
 any other power and the provisions of this subparagraph shall apply only
 to  local  governments which adopt a plan of [apportionment] DISTRICTING
 OR REDISTRICTING thereunder.
   (a.) A plan of [apportionment] DISTRICTING  OR  REDISTRICTING  adopted
 under this subparagraph shall comply with the following standards, which
 shall  have priority in the order herein set forth, to the extent appli-
 cable:
   (i.) [The plan shall provide substantially equal weight for the  popu-
 lation  of  that local government in the allocation of representation in
 the local legislative body.
   (ii.) In such plan adopted by a county, no town except a  town  having
 more  than  one hundred and ten per cent of a full ratio for each repre-
 sentative, shall be divided in the formation  of  representation  areas.
 Adjacent representation areas in the same town or city shall not contain
 a  greater  excess  in population than five per cent of a full ratio for
 each representative.
   (iii.) The plan shall provide substantially fair and effective  repre-
 sentation  for  the people of the local government as organized in poli-
 tical parties.
   (iv.) Representation areas  shall  be  of  convenient  and  contiguous
 territory  in as compact form as practicable.] IF SUCH PLAN OF DISTRICT-
 ING  OR  REDISTRICTING  INCLUDES  ONLY  SINGLE-MEMBER  DISTRICTS,   SUCH
 DISTRICTS  SHALL BE AS NEARLY EQUAL IN POPULATION AS IS PRACTICABLE; THE

 S. 5160--A                          3
 
 DIFFERENCE IN POPULATION BETWEEN THE MOST AND  LEAST  POPULOUS  DISTRICT
 SHALL  NOT  EXCEED FIVE PERCENT OF THE MEAN POPULATION OF ALL DISTRICTS.
 IF SUCH PLAN  OF  DISTRICTING  OR  REDISTRICTING  INCLUDES  MULTI-MEMBER
 DISTRICTS,  THE  PLAN  SHALL  PROVIDE SUBSTANTIALLY EQUAL WEIGHT FOR THE
 POPULATION OF THAT LOCAL GOVERNMENT IN THE ALLOCATION OF  REPRESENTATION
 IN THE LOCAL LEGISLATIVE BODY; AND
   (II.)  DISTRICTS SHALL NOT BE DRAWN WITH THE INTENT OR RESULT OF DENY-
 ING OR ABRIDGING THE EQUAL OPPORTUNITY OF RACIAL  OR  LANGUAGE  MINORITY
 GROUPS  TO  PARTICIPATE  IN  THE  POLITICAL PROCESS OR TO DIMINISH THEIR
 ABILITY TO ELECT REPRESENTATIVES OF THEIR CHOICE; AND
   (III.) DISTRICTS SHALL CONSIST OF CONTIGUOUS TERRITORY; AND
   (IV.) DISTRICTS SHALL BE AS COMPACT IN FORM AS PRACTICABLE; AND
   (V.) TO THE EXTENT  PRACTICABLE,  DISTRICTS  SHALL  UNITE  COMMUNITIES
 DEFINED  BY  ACTUAL  SHARED  INTERESTS,  TAKING  ACCOUNT  OF GEOGRAPHIC,
 SOCIAL, ECONOMIC, AND OTHER FACTORS THAT INDICATE COMMONALITY OF  INTER-
 EST; AND
   (VI.)    DISTRICTS SHALL NOT BE DRAWN TO DISCOURAGE COMPETITION OR FOR
 THE PURPOSE OF FAVORING OR DISFAVORING INCUMBENTS  OR  OTHER  PARTICULAR
 CANDIDATES  OR  POLITICAL  PARTIES. THE MAINTENANCE OF CORES OF EXISTING
 DISTRICTS, OF  PRE-EXISTING  POLITICAL  SUBDIVISIONS  INCLUDING  CITIES,
 VILLAGES,  AND  TOWNS,  AND  OF  COMMUNITIES  OF  INTEREST SHALL ALSO BE
 CONSIDERED. TO THE EXTENT PRACTICABLE, NO VILLAGES OR  CITIES  OR  TOWNS
 EXCEPT  THOSE  HAVING  MORE  THAN FORTY PERCENT OF A FULL RATIO FOR EACH
 DISTRICT SHALL BE DIVIDED; AND
   (VII.) DISTRICTS SHALL BE FORMED SO AS  TO  PROMOTE  THE  ORDERLY  AND
 EFFICIENT ADMINISTRATION OF ELECTIONS.
   (b.) A plan of [apportionment] DISTRICTING OR REDISTRICTING adopted by
 a  county  under  this subparagraph may provide that mayors of cities or
 villages, supervisors of towns or members of the legislative  bodies  of
 cities,  towns,  or villages, who reside in the county shall be eligible
 to be elected as members of the county legislative body.
   § 3. This act shall take effect immediately.

co-Sponsors

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2021-S5160B (ACTIVE) - Details

See Assembly Version of this Bill:: A229
Law Section:: Municipal Home Rule Law
Laws Affected:: Amd §§34 & 10, 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
2019-2020: A426

2021-S5160B (ACTIVE) - Summary

2021-S5160B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5160B       REVISED 05/26/2021

SPONSOR: SKOUFIS
 
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 amends section 34 of the municipal home rule law by adding a
new subdivision 4 which provides that notwithstanding any local law to
the contrary, any plan of districting or redistricting adopted pursuant
to a county charter or charter law relating to the division of any coun-
ty, 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 constitu-
tional requirements and shall comply with the following standards, which
shall have priority in the order herein set forth, to the extent appli-
cable:

a. If such plan of districting or redistricting includes only single-
member districts, such districts shall be as nearly equal in population
as is practicable; the difference in population between the most and
least populous district shall not exceed five percent of the mean popu-
lation of all districts. If such plan of districting or redistricting
includes multi-member districts, the plan shall provide substantially
equal weight for the population of that county in the allocation of
representation in the legislative body of that county; and

b. Districts shall not be drawn with the intent or result of denying or
abridging the equal opportunity of racial or language minority groups to
participate in the political process or to diminish their ability to
elect representatives of their choice; and

c. Districts shall consist of contiguous territory; and

d. Districts shall be as compact in form as practicable; and

e. Districts shall not be drawn to discourage competition or for the
purpose of favoring or disfavoring incumbents or other particular candi-
dates or political parties. The maintenance of cores of existing
districts, of preexisting political subdivisions including cities,
villages, and towns, and of communities of interest shall also be
considered. To the extent practicable, no villages, cities or towns
except those having more than forty percent of a full ratio for each
district shall be divided; and

f. Districts shall be formed so as to promote the orderly and efficient
administration of elections.

Section two amends subparagraph 13 of paragraph a of subdivision 1 of
section 10 of the municipal home rule law to mirror new subdivision 4 of
section 34 of the municipal home rule law as described above and to make
other conforming changes.

Section three provides the effective date.

 
JUSTIFICATION:

The Municipal Home Rule Law (MHRL) contains specific guidelines for
county redistricting. The guidelines include a directive that counties
should follow political subdivision lines to the extent applicable
during redistricting.

In 1991, a county League of Women Voters challenged their county's
legislative redistricting in State Supreme Court on the ground that it
ignored the state guidelines. The Court ruled that the county was immune
from the directives of MHRL, a finding that was upheld in the Appellate
Division. It stated that the 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)." Accordingly,
charter counties are not legally required to follow the State redis-
tricting standards set forth in MHRL. The State should extend the reach
of the MHRL guidelines on redistricting to cover charter counties so
that statutory provisions for electoral procedures would be uniformly
applied in New York State.

In the years since this bill was originally introduced in 2002, the
consensus on which standards should govern redistricting has evolved.
This bill updates the provisions of MHRL Sec 10(1)(a)(13)(a) and applies
those provisions to charter counties by adding identical provisions to
Section 34 of MHRL, which covers charter counties.  Several of the stan-
dards included in this bill were part of the 2014 amendment to the New
York State Constitution, which applied redistricting standards to the
drawing of congressional and state legislative districts. By adding
these standards to MHRL, they would also apply to the drawing of county
legislative districts. The changes set forth in this bill will extend
generally accepted standards for representation to all the people of New
York.

 
LEGISLATIVE HISTORY:

A.426b reported to rules in 2019 and advanced to third reading cal.399
in 2020 / Same as S.4611a, advanced to third reading and committed to
rules in 2019 and referred to local government in 2020.

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 2003 and 2004,recommitted to local governments.

A.10698 of 2002, referred to local governments.

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
Immediately.

2021-S5160B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5160--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2021
                                ___________
 
 Introduced  by Sens. SKOUFIS, GAUGHRAN, BROOKS, KAMINSKY, KAPLAN, THOMAS
   -- read twice and ordered printed, and when printed to be committed to
   the Committee  on  Local  Government  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  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. NOTWITHSTANDING  ANY  LOCAL  LAW  TO  THE  CONTRARY,  ANY  PLAN  OF
 DISTRICTING  OR  REDISTRICTING  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 HEREIN SET FORTH, TO THE EXTENT APPLICABLE:
   A. IF SUCH PLAN OF DISTRICTING OR REDISTRICTING INCLUDES ONLY  SINGLE-
 MEMBER  DISTRICTS, SUCH DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION
 AS IS PRACTICABLE; THE DIFFERENCE IN POPULATION  BETWEEN  THE  MOST  AND
 LEAST  POPULOUS DISTRICT SHALL NOT EXCEED FIVE PERCENT OF THE MEAN POPU-
 LATION OF ALL DISTRICTS. IF SUCH PLAN OF  DISTRICTING  OR  REDISTRICTING
 INCLUDES  MULTI-MEMBER  DISTRICTS,  THE PLAN SHALL PROVIDE SUBSTANTIALLY
 EQUAL WEIGHT FOR THE POPULATION OF THAT  COUNTY  IN  THE  ALLOCATION  OF
 REPRESENTATION IN THE LEGISLATIVE BODY OF THAT COUNTY; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01955-14-1

 S. 5160--B                          2
 
   B.  DISTRICTS  SHALL NOT BE DRAWN WITH THE INTENT OR RESULT OF DENYING
 OR ABRIDGING THE EQUAL OPPORTUNITY OF RACIAL OR LANGUAGE MINORITY GROUPS
 TO PARTICIPATE IN THE POLITICAL PROCESS OR TO DIMINISH THEIR ABILITY  TO
 ELECT REPRESENTATIVES OF THEIR CHOICE; AND
   C. DISTRICTS SHALL CONSIST OF CONTIGUOUS TERRITORY; AND
   D. DISTRICTS SHALL BE AS COMPACT IN FORM AS PRACTICABLE; AND
   E.  DISTRICTS  SHALL NOT BE DRAWN TO DISCOURAGE COMPETITION OR FOR THE
 PURPOSE OF FAVORING OR DISFAVORING INCUMBENTS OR OTHER PARTICULAR CANDI-
 DATES OR  POLITICAL  PARTIES.  THE  MAINTENANCE  OF  CORES  OF  EXISTING
 DISTRICTS,  OF  PRE-EXISTING  POLITICAL  SUBDIVISIONS  INCLUDING CITIES,
 VILLAGES, AND TOWNS, AND  OF  COMMUNITIES  OF  INTEREST  SHALL  ALSO  BE
 CONSIDERED.  TO  THE  EXTENT  PRACTICABLE,  NO VILLAGES, CITIES OR TOWNS
 EXCEPT THOSE HAVING MORE THAN FORTY PERCENT OF A  FULL  RATIO  FOR  EACH
 DISTRICT SHALL BE DIVIDED; AND
   F.  DISTRICTS  SHALL  BE FORMED SO AS TO PROMOTE THE ORDERLY AND EFFI-
 CIENT ADMINISTRATION OF ELECTIONS.
   § 2. The opening paragraph and clauses (a.) and (b.)  of  subparagraph
 13  of  paragraph a of subdivision 1 of section 10 of the municipal home
 rule law, the opening paragraph and subclause (i.) of clause  (a.)    as
 amended  by  section  3  of  part  XX of chapter 57 of the laws of 2010,
 clauses (a.) and (b.)  as added by chapter 834 of the laws of 1969,  are
 amended to read as follows:
   The apportionment of its legislative body and, only in connection with
 such  action  taken  pursuant  to this subparagraph, the composition and
 membership of such body, the terms of office  of  members  thereof,  the
 units  of local government or other areas from which representatives are
 to be chosen and the voting powers of individual members of such  legis-
 lative   body.  Except  for  the  equal  apportionment  requirements  in
 subclause (i.) of clause (a.) and  clause  (c.)  of  this  subparagraph,
 which  shall  apply generally to any local government, the power granted
 by this subparagraph shall be in addition to and not in substitution for
 any other power and the provisions of this subparagraph shall apply only
 to local governments which adopt a plan of  [apportionment]  DISTRICTING
 OR REDISTRICTING thereunder.
   (a.)  A  plan  of [apportionment] DISTRICTING OR REDISTRICTING adopted
 under this subparagraph shall comply with the following standards, which
 shall have priority in the order herein set forth, to the extent  appli-
 cable:
   (i.)  [The plan shall provide substantially equal weight for the popu-
 lation of that local government in the allocation of  representation  in
 the local legislative body.
   (ii.)  In  such plan adopted by a county, no town except a town having
 more than one hundred and ten per cent of a full ratio for  each  repre-
 sentative,  shall  be  divided in the formation of representation areas.
 Adjacent representation areas in the same town or city shall not contain
 a greater excess in population than five per cent of a  full  ratio  for
 each representative.
   (iii.)  The plan shall provide substantially fair and effective repre-
 sentation for the people of the local government as organized  in  poli-
 tical parties.
   (iv.)  Representation  areas  shall  be  of  convenient and contiguous
 territory in as compact form as practicable.] IF SUCH PLAN OF  DISTRICT-
 ING   OR  REDISTRICTING  INCLUDES  ONLY  SINGLE-MEMBER  DISTRICTS,  SUCH
 DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION AS IS PRACTICABLE;  THE
 DIFFERENCE  IN  POPULATION  BETWEEN THE MOST AND LEAST POPULOUS DISTRICT
 SHALL NOT EXCEED FIVE PERCENT OF THE MEAN POPULATION OF  ALL  DISTRICTS.

 S. 5160--B                          3
 
 IF  SUCH  PLAN  OF  DISTRICTING  OR  REDISTRICTING INCLUDES MULTI-MEMBER
 DISTRICTS, THE PLAN SHALL PROVIDE SUBSTANTIALLY  EQUAL  WEIGHT  FOR  THE
 POPULATION  OF THAT LOCAL GOVERNMENT IN THE ALLOCATION OF REPRESENTATION
 IN THE LOCAL LEGISLATIVE BODY; AND
   (II.)  DISTRICTS SHALL NOT BE DRAWN WITH THE INTENT OR RESULT OF DENY-
 ING OR ABRIDGING THE EQUAL OPPORTUNITY OF RACIAL  OR  LANGUAGE  MINORITY
 GROUPS  TO  PARTICIPATE  IN  THE  POLITICAL PROCESS OR TO DIMINISH THEIR
 ABILITY TO ELECT REPRESENTATIVES OF THEIR CHOICE; AND
   (III.) DISTRICTS SHALL CONSIST OF CONTIGUOUS TERRITORY; AND
   (IV.) DISTRICTS SHALL BE AS COMPACT IN FORM AS PRACTICABLE; AND
   (V.) DISTRICTS SHALL NOT BE DRAWN TO DISCOURAGE COMPETITION OR FOR THE
 PURPOSE OF FAVORING OR DISFAVORING INCUMBENTS OR OTHER PARTICULAR CANDI-
 DATES OR  POLITICAL  PARTIES.  THE  MAINTENANCE  OF  CORES  OF  EXISTING
 DISTRICTS,  OF  PRE-EXISTING  POLITICAL  SUBDIVISIONS  INCLUDING CITIES,
 VILLAGES, AND TOWNS, AND  OF  COMMUNITIES  OF  INTEREST  SHALL  ALSO  BE
 CONSIDERED.  TO  THE  EXTENT PRACTICABLE, NO VILLAGES OR CITIES OR TOWNS
 EXCEPT THOSE HAVING MORE THAN FORTY PERCENT OF A  FULL  RATIO  FOR  EACH
 DISTRICT SHALL BE DIVIDED; AND
   (VI.) DISTRICTS SHALL BE FORMED SO AS TO PROMOTE THE ORDERLY AND EFFI-
 CIENT ADMINISTRATION OF ELECTIONS.
   (b.) A plan of [apportionment] DISTRICTING OR REDISTRICTING adopted by
 a  county  under  this subparagraph may provide that mayors of cities or
 villages, supervisors of towns or members of the legislative  bodies  of
 cities,  towns,  or villages, who reside in the county shall be eligible
 to be elected as members of the county legislative body.
   § 3. This act shall take effect immediately.

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Senate Bill S5160B

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Archive: Last Bill Status Via A229 - Signed by Governor

Bill Amendments

co-Sponsors

2021-S5160 - Details

2021-S5160 - Summary

2021-S5160 - Sponsor Memo

2021-S5160 - Bill Text download pdf

co-Sponsors

2021-S5160A - Details

2021-S5160A - Summary

2021-S5160A - Sponsor Memo

2021-S5160A - Bill Text download pdf

co-Sponsors

2021-S5160B (ACTIVE) - Details

2021-S5160B (ACTIVE) - Summary

2021-S5160B (ACTIVE) - Sponsor Memo

2021-S5160B (ACTIVE) - Bill Text download pdf

Comments