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Assembly Bill A892

2023-2024 Legislative Session

Relates to the definition of population for purposes of providing substantially equal weight for the population of that local government in the allocation of representation in the local legislative body

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

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2023-A892 (ACTIVE) - Details

See Senate Version of this Bill:
S444
Current Committee:
Senate Local Government
Law Section:
Municipal Home Rule Law
Laws Affected:
Amd §§10 & 34, Munic Home R L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10191, S8838
2021-2022: A349, S1849
2025-2026: A5047

2023-A892 (ACTIVE) - Summary

Relates to the definition of "population" for purposes of providing substantially equal weight for the population of that local government in the allocation of representation in the local legislative body.

2023-A892 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    892
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by M. of A. JACOBSON, OTIS, SAYEGH -- read once and referred
   to the Committee on Local Governments
 
 AN ACT to amend the municipal home rule law, in relation  to  the  defi-
   nition of "population" for purposes of providing  substantially  equal
   weight  for the  population of that local government in the allocation
   of representation  in the local legislative body
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause (c.) of subparagraph 13 of paragraph a  of  subdivi-
 sion  1  of  section  10  of  the municipal home rule law, as amended by
 section 119 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   [(c.)] (C) As used in this subparagraph the  term  "population"  shall
 mean  residents[, citizens, or registered voters]. For such purposes, no
 person shall be deemed to have gained or lost a residence,  or  to  have
 become a resident of a local government, as defined in subdivision eight
 of section two of this chapter, by reason of being subject to the juris-
 diction  of  the department of corrections and community supervision and
 present in a state correctional facility pursuant to such  jurisdiction.
 A  population  base  for  such  a plan of [apportionment] DISTRICTING OR
 REDISTRICTING shall utilize the latest statistical information  obtaina-
 ble from an official enumeration done at the same time for all the resi-
 dents[,  citizens, or registered voters] of the local government. Such a
 plan may allocate, by extrapolation or any other rational  method,  such
 latest statistical information to representation areas or units of local
 government,  provided  that any plan containing such an allocation shall
 have annexed thereto as an appendix, a detailed explanation of the allo-
 cation.
   § 2. Subdivision 4 of section 34 of the municipal  home  rule  law  is
 amended by adding a new paragraph g to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02199-01-3
 A. 892                              2

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