New York State Assembly

 
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A00892 Summary:

A00892 Actions:

A00892 Committee Votes:

Committee:LOCAL GOVERNMENTS   Chair:Thiele      
DATE:05/16/2023AYE/NAY:14/6  Action: Favorable refer to committee Rules        
Thiele
Aye
Brown
Nay
Ramos
Aye
Friend
Nay
Otis
Aye
Manktelow
Nay
Woerner
Aye
Gallahan
Nay
Jacobson
Aye
Simpson
Nay
Darling
Aye
Beephan
Nay
Clark
Aye
Conrad
Aye
Rivera
Aye
Lunsford
Aye
Levenberg
Aye
Shimsky
Aye
Shrestha
Aye
Eachus
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/17/2023AYE/NAY:20/9  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Aye
Hawley
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Norris
Nay
Aubry
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A00892 Floor Votes:

A00892 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           892
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section 1. Clause (c.) of subparagraph 13 of paragraph a  of  subdivi-
     2  sion  1  of  section  10  of  the municipal home rule law, as amended by
     3  section 119 of subpart B of part C of chapter 62 of the laws of 2011, is
     4  amended to read as follows:
     5    [(c.)] (c) As used in this subparagraph the  term  "population"  shall
     6  mean  residents[, citizens, or registered voters]. For such purposes, no
     7  person shall be deemed to have gained or lost a residence,  or  to  have
     8  become a resident of a local government, as defined in subdivision eight
     9  of section two of this chapter, by reason of being subject to the juris-
    10  diction  of  the department of corrections and community supervision and
    11  present in a state correctional facility pursuant to such  jurisdiction.
    12  A  population  base  for  such  a plan of [apportionment] districting or
    13  redistricting shall utilize the latest statistical information  obtaina-
    14  ble from an official enumeration done at the same time for all the resi-
    15  dents[,  citizens, or registered voters] of the local government. Such a
    16  plan may allocate, by extrapolation or any other rational  method,  such
    17  latest statistical information to representation areas or units of local
    18  government,  provided  that any plan containing such an allocation shall
    19  have annexed thereto as an appendix, a detailed explanation of the allo-
    20  cation.
    21    § 2. Subdivision 4 of section 34 of the municipal  home  rule  law  is
    22  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
 
     1    g.  As  used  in this subdivision the   term  "population"  shall mean
     2  residents. For such purposes, no person shall be deemed to  have  gained
     3  or lost a residence, or to have become a resident of a local government,
     4  as  defined  in  subdivision  eight  of  section two of this chapter, by
     5  reason  of  being  subject  to  the  jurisdiction  of  the department of
     6  corrections and community supervision and present in a state correction-
     7  al facility pursuant to such  jurisdiction. A population base for such a
     8  plan of districting or redistricting shall utilize  the  latest  statis-
     9  tical  information   obtainable from an official enumeration done at the
    10  same time for all the residents of the local government. Such a plan may
    11  allocate, by extrapolation or any other  rational  method,  such  latest
    12  statistical  information  to  representation  areas  or  units  of local
    13  government, provided that any plan containing such an  allocation  shall
    14  have annexed thereto as an appendix, a detailed explanation of the allo-
    15  cation.
    16    § 3. This act shall take effect immediately.