•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A00349 Summary:

BILL NOA00349A
 
SAME ASSAME AS S01849-A
 
SPONSORJacobson
 
COSPNSROtis
 
MLTSPNSR
 
Amd §10, Munic Home R L
 
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.
Go to top    

A00349 Actions:

BILL NOA00349A
 
01/06/2021referred to local governments
03/23/2021reported
03/25/2021advanced to third reading cal.193
05/24/2021amended on third reading 349a
Go to top

A00349 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A349A
 
SPONSOR: Jacobson
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: 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   SUMMARY OF PROVISIONS: Section 1: Amends clause (c.) of subparagraph 13 of subdivision 1 of section 10 of the municipal home rule law to delete "citizens, or regis- tered voters" as a basis for considering "population" for the purpose of redistricting. It leaves only "residents" as the consideration for "population." Section 3: Effective Date: Immediately   JUSTIFICATION: The current state legislation left the ability for local municipal districts to be drawn and reapportioned based on not only on residents, but citizenship status or registration. This is an oversight that must be corrected. There have been a series of historic United Supreme Court cases mandat- ing that legislative districts should be drawn based on equal popu- lation. This principal was applied to the United States Congress in Wesberry v. Sanders, 376 U.S. 1 (1964). In Reynolds v. Sims, 377 U.S.533 (1964) the Court held that the Equal Protection Clause requires that the seats in both houses of a bicameral state legislature must be appor- tioned on a total population basis. These cases made clear that representatives in a legislature represent the entire population in a district: those of voting age and those who are not; voters and non-voters; citizens and noncitizens. More recently in Evenwel v. Abbott, 136 S.Ct;1120 (2016), plaintiffs challenged Texas's 2011 redistricting scheme, arguing that its use of total population violated the Equal Protection Clause and argued for districts drawn by the number of voters. While "based on constitutional history, precedent and practice reveal the infirmity of (Texas') claim" to redistrict based on the number of voters, the Court did not reach the issue of whether a state could redistrict by using the number of voters, the Court did state and reaffirmed that under the one-person, one-vote principal, jurisdictions must design legislative districts with equal population with a deviation of no more than 10% between the largest and smallest districts. The Supreme Court held that its past opinions confirmed that states may use total population in order to comply with one person, one vote. The standard of considering total population based on the census data is the only fair way to redistrict. This change is necessary to avoid an unfair and unconstitutional result in the future. The State Legislature's redistricting is based on the total population of residents. Counties and local governments should have no less of a standard.   PRIOR LEGISLATIVE HISTORY: 2019-20: A10191 - referred to local governments   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A00349 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         349--A
                                                                Cal. No. 193
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M. of A. JACOBSON, OTIS -- read once and referred to the
          Committee on Local Governments -- reported from committee, advanced to
          a third reading, amended and ordered reprinted, retaining its place on
          the order of third reading
 
        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. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05272-02-1
Go to top