S05160 Summary:

BILL NOS05160B
 
SAME ASSAME AS A00229-C
 
SPONSORSKOUFIS
 
COSPNSRGAUGHRAN, BROOKS, KAMINSKY, KAPLAN, MANNION, MAY, REICHLIN-MELNICK, THOMAS
 
MLTSPNSR
 
Amd §§34 & 10, Munic Home R L
 
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.
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S05160 Actions:

BILL NOS05160B
 
02/25/2021REFERRED TO LOCAL GOVERNMENT
05/21/2021AMEND AND RECOMMIT TO LOCAL GOVERNMENT
05/21/2021PRINT NUMBER 5160A
05/25/2021AMEND AND RECOMMIT TO LOCAL GOVERNMENT
05/25/2021PRINT NUMBER 5160B
06/02/2021COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/02/2021ORDERED TO THIRD READING CAL.1448
06/09/2021SUBSTITUTED BY A229C
 A00229 AMEND=C Paulin
 01/06/2021referred to local governments
 02/03/2021amend and recommit to local governments
 02/03/2021print number 229a
 05/21/2021amend and recommit to local governments
 05/21/2021print number 229b
 05/25/2021reported referred to rules
 05/26/2021amend and recommit to rules 229c
 06/02/2021reported
 06/02/2021rules report cal.281
 06/02/2021ordered to third reading rules cal.281
 06/08/2021passed assembly
 06/08/2021delivered to senate
 06/08/2021REFERRED TO RULES
 06/09/2021SUBSTITUTED FOR S5160B
 06/09/20213RD READING CAL.1448
 06/09/2021PASSED SENATE
 06/09/2021RETURNED TO ASSEMBLY
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S05160 Committee Votes:

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S05160 Floor Votes:

There are no votes for this bill in this legislative session.
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S05160 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5160--B
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    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:
 
     1    Section 1.  Subdivision 4 of section 34 of the municipal home rule law
     2  is  renumbered subdivision 5 and a new subdivision 4 is added to read as
     3  follows:
     4    4. Notwithstanding  any  local  law  to  the  contrary,  any  plan  of
     5  districting  or  redistricting  adopted  pursuant to a county charter or
     6  charter law relating to the division of  any  county,  except  a  county
     7  wholly  contained  within  a city, into districts for the purpose of the
     8  apportionment or reapportionment of members  of  its  local  legislative
     9  body  shall  be subject to federal and state constitutional requirements
    10  and shall comply with the following standards, which shall have priority
    11  in the order herein set forth, to the extent applicable:
    12    a. If such plan of districting or redistricting includes only  single-
    13  member  districts, such districts shall be as nearly equal in population
    14  as is practicable; the difference in population  between  the  most  and
    15  least  populous district shall not exceed five percent of the mean popu-
    16  lation of all districts. If such plan of  districting  or  redistricting
    17  includes  multi-member  districts,  the plan shall provide substantially
    18  equal weight for the population of that  county  in  the  allocation  of
    19  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
 
     1    b.  Districts  shall not be drawn with the intent or result of denying
     2  or abridging the equal opportunity of racial or language minority groups
     3  to participate in the political process or to diminish their ability  to
     4  elect representatives of their choice; and
     5    c. Districts shall consist of contiguous territory; and
     6    d. Districts shall be as compact in form as practicable; and
     7    e.  Districts  shall not be drawn to discourage competition or for the
     8  purpose of favoring or disfavoring incumbents or other particular candi-
     9  dates or  political  parties.  The  maintenance  of  cores  of  existing
    10  districts,  of  pre-existing  political  subdivisions  including cities,
    11  villages, and towns, and  of  communities  of  interest  shall  also  be
    12  considered.  To  the  extent  practicable,  no villages, cities or towns
    13  except those having more than forty percent of a  full  ratio  for  each
    14  district shall be divided; and
    15    f.  Districts  shall  be formed so as to promote the orderly and effi-
    16  cient administration of elections.
    17    § 2. The opening paragraph and clauses (a.) and (b.)  of  subparagraph
    18  13  of  paragraph a of subdivision 1 of section 10 of the municipal home
    19  rule law, the opening paragraph and subclause (i.) of clause  (a.)    as
    20  amended  by  section  3  of  part  XX of chapter 57 of the laws of 2010,
    21  clauses (a.) and (b.)  as added by chapter 834 of the laws of 1969,  are
    22  amended to read as follows:
    23    The apportionment of its legislative body and, only in connection with
    24  such  action  taken  pursuant  to this subparagraph, the composition and
    25  membership of such body, the terms of office  of  members  thereof,  the
    26  units  of local government or other areas from which representatives are
    27  to be chosen and the voting powers of individual members of such  legis-
    28  lative   body.  Except  for  the  equal  apportionment  requirements  in
    29  subclause (i.) of clause (a.) and  clause  (c.)  of  this  subparagraph,
    30  which  shall  apply generally to any local government, the power granted
    31  by this subparagraph shall be in addition to and not in substitution for
    32  any other power and the provisions of this subparagraph shall apply only
    33  to local governments which adopt a plan of  [apportionment]  districting
    34  or redistricting thereunder.
    35    (a.)  A  plan  of [apportionment] districting or redistricting adopted
    36  under this subparagraph shall comply with the following standards, which
    37  shall have priority in the order herein set forth, to the extent  appli-
    38  cable:
    39    (i.)  [The plan shall provide substantially equal weight for the popu-
    40  lation of that local government in the allocation of  representation  in
    41  the local legislative body.
    42    (ii.)  In  such plan adopted by a county, no town except a town having
    43  more than one hundred and ten per cent of a full ratio for  each  repre-
    44  sentative,  shall  be  divided in the formation of representation areas.
    45  Adjacent representation areas in the same town or city shall not contain
    46  a greater excess in population than five per cent of a  full  ratio  for
    47  each representative.
    48    (iii.)  The plan shall provide substantially fair and effective repre-
    49  sentation for the people of the local government as organized  in  poli-
    50  tical parties.
    51    (iv.)  Representation  areas  shall  be  of  convenient and contiguous
    52  territory in as compact form as practicable.] If such plan of  district-
    53  ing   or  redistricting  includes  only  single-member  districts,  such
    54  districts shall be as nearly equal in population as is practicable;  the
    55  difference  in  population  between the most and least populous district
    56  shall not exceed five percent of the mean population of  all  districts.

        S. 5160--B                          3
 
     1  If  such  plan  of  districting  or  redistricting includes multi-member
     2  districts, the plan shall provide substantially  equal  weight  for  the
     3  population  of that local government in the allocation of representation
     4  in the local legislative body; and
     5    (ii.)  Districts shall not be drawn with the intent or result of deny-
     6  ing or abridging the equal opportunity of racial  or  language  minority
     7  groups  to  participate  in  the  political process or to diminish their
     8  ability to elect representatives of their choice; and
     9    (iii.) Districts shall consist of contiguous territory; and
    10    (iv.) Districts shall be as compact in form as practicable; and
    11    (v.) Districts shall not be drawn to discourage competition or for the
    12  purpose of favoring or disfavoring incumbents or other particular candi-
    13  dates or  political  parties.  The  maintenance  of  cores  of  existing
    14  districts,  of  pre-existing  political  subdivisions  including cities,
    15  villages, and towns, and  of  communities  of  interest  shall  also  be
    16  considered.  To  the  extent practicable, no villages or cities or towns
    17  except those having more than forty percent of a  full  ratio  for  each
    18  district shall be divided; and
    19    (vi.) Districts shall be formed so as to promote the orderly and effi-
    20  cient administration of elections.
    21    (b.) A plan of [apportionment] districting or redistricting adopted by
    22  a  county  under  this subparagraph may provide that mayors of cities or
    23  villages, supervisors of towns or members of the legislative  bodies  of
    24  cities,  towns,  or villages, who reside in the county shall be eligible
    25  to be elected as members of the county legislative body.
    26    § 3. This act shall take effect immediately.
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