NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1039
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the town law, in relation to the establishment of ward
systems for the election of councilmen
PURPOSE OF THE BILL:
This bill will prohibit local laws from superseding the state law with
respect to the responsibility of drawing ward boundaries if a ward
referendum is successful.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 85 of the town law as it relates
to prohibiting the superseding of the provision by local law.
Section two of the bill relates to the effective date.
JUSTIFICATION:
Section 85 of the Town Law delineates the process for towns in the first
class to adopt a ward system for the election of board members. The
process states that if a ward system is adopted by the voters then the
county board of elections must draw the boundaries for the next
election. Several towns have preempted the prospect of voters adopting a
ward system by enacting local laws that superseded the provisions of
state law. These local laws have shifted the responsibility of drawing
the ward boundaries from the board of elections to the town; creating a'
conflict of interest. This bill will ensure that this process is not
superseded by local law.
PRIOR LEGISLATIVE HISTORY:
A.358 of 2021-22,
A.4419 of 2019-20,
A.1242 of 2017-18,
A. 4182 of 2015-2016.
FISCAL IMPLICATIONS FOR STATE:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1039
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Local Governments
AN ACT to amend the town law, in relation to the establishment of ward
systems for the election of councilmen
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 85 of the town law is amended by adding a new
2 subdivision 3 to read as follows:
3 3. The provisions of this section shall not be superseded or deemed to
4 be superseded by any local law or resolution.
5 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00973-01-3
