Bill Text: NY A04879 | 2009-2010 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to exculpatory material and requires for disclosure of such to the defense.

Spectrum: Strong Partisan Bill (Democrat 42-3)

Status: (Introduced - Dead) 2011-02-08 - referred to codes [A04879 Detail]

Download: New_York-2009-A04879-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4879
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2009
                                      ___________
       Introduced  by M. of A. P. RIVERA, KELLNER, MILLMAN, J. RIVERA, BENEDET-
         TO, JAFFEE, COOK -- Multi-Sponsored by --  M.  of  A.  ARROYO,  AUBRY,
         BENJAMIN,  BOYLAND,  BRENNAN,  CAHILL, CAMARA, CLARK, DIAZ, ESPAILLAT,
         FARRELL, GANTT, GREENE, HEASTIE, HOOPER, JEFFRIES, P. LOPEZ, V. LOPEZ,
         MAISEL, ORTIZ, PEOPLES, PERALTA, PERRY, POWELL, PRETLOW, RAMOS,  REIL-
         LY,  N. RIVERA,  ROBINSON,  TITUS,  TOWNS,  WRIGHT  --  read  once and
         referred to the Committee on Election Law
       AN ACT to amend the election law, the town law and the general municipal
         law, in relation to prohibiting the at large election  of  members  of
         the legislative or governing body of towns and villages, and providing
         for  and requiring the election of such members by wards; to amend the
         general municipal law, in relation  to  directing  the  department  of
         state and the legislative task force on demographic research and reap-
         portionment to assist boards of election to establish wards, authoriz-
         ing towns and villages to petition for a temporary exemption from such
         requirements,  and  directing  the  attorney-general to report on such
         exemptions; and to repeal certain provisions of the town law  relating
         to authorizing certain towns to establish ward systems of election
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 15-130 of the election law is amended  to  read  as
    2  follows:
    3    S  15-130.  Election  of  trustees  by wards. The board of trustees of
    4  [any] EVERY village [may, by resolution,  and  subject  to  a  mandatory
    5  referendum,]  SHALL  provide  for  the election of trustees by wards, OR
    6  alter [existing] ward boundaries [or abolish wards and the  election  of
    7  trustees  by  wards].  [If  a village elects trustees by wards separate]
    8  SEPARATE ballot boxes or voting machines  shall  be  provided  for  each
    9  ward.
   10    S  2.  Paragraph (b) of subdivision 2 of section 81 of the town law is
   11  REPEALED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05061-01-9
       A. 4879                             2
    1    S 3. Section 85 of the town law is amended to read as follows:
    2    S  85. Ward system for election of councilmen. [1. Whenever a proposi-
    3  tion shall have been adopted in a town of the first class for the estab-
    4  lishment of the ward system and the election thereafter of one  council-
    5  man  from  each ward, the] THE board of elections of the county in which
    6  [such] A town is situate shall divide the town into four wards  and  fix
    7  the  boundaries thereof, unless a proposition shall have been adopted to
    8  increase the number of councilmen from four to six, in  which  instance,
    9  the  board of elections shall divide the town into six wards and fix the
   10  boundaries thereof. In so dividing the town into wards, no town election
   11  district shall be divided and no election  district  thereafter  created
   12  under  the election law shall contain parts of two or more wards. So far
   13  as possible the division shall be so made that the number of  voters  in
   14  each  ward  shall  be approximately equal.   When the board of elections
   15  shall have finally determined the boundaries of the  wards,  they  shall
   16  cause a map of the town to be prepared showing in detail the location of
   17  each  ward and the boundaries thereof. The original map so made shall be
   18  filed in the office of the town clerk and copies thereof shall be  filed
   19  in  the  offices  of  the county clerk and the board of elections of the
   20  county. The ward system shall be deemed established after such filing is
   21  complete. After a ward system shall have been so established,  the  term
   22  of  office  of every town councilman shall terminate on the thirty-first
   23  day of December next succeeding the first biennial  town  election  held
   24  not  less  than  one hundred twenty days after the establishment of such
   25  ward system, and at such biennial town election, and every biennial town
   26  election thereafter, one resident elector of each ward shall be  elected
   27  as  councilman  therefrom for a term of two years beginning on the first
   28  day of January next succeeding such election.
   29    [2. The ward system may be abolished upon the adoption of  a  proposi-
   30  tion  therefor  at  any  special or biennial town election. At the first
   31  biennial town election held at least one hundred twenty days  after  the
   32  adoption  of  a  proposition  to abolish the ward system for election of
   33  councilmen, the electors of the town shall elect one-half of  the  total
   34  number of town councilmen for the term of two years each and one-half of
   35  the  total number of town councilmen for the term of four years each. At
   36  each biennial town election held thereafter there shall be elected  one-
   37  half  of  the total number of town councilmen for the term of four years
   38  each. The terms of all such councilmen shall begin on the first  day  of
   39  January next succeeding the date of their election.]
   40    S 4. Section 87 of the town law, as amended by chapter 374 of the laws
   41  of 1940, is amended to read as follows:
   42    S  87. Increase [or decrease] of number of councilmen. [1.] Whenever a
   43  proposition shall have been adopted in a town [of the first class  which
   44  shall  not  have established the ward system,] to increase the number of
   45  councilmen from four to six, party nominations for town  councilmen  may
   46  be  made  and designating petitions filed and four town councilmen shall
   47  be elected at the first biennial town election held at least one hundred
   48  fifty days thereafter, three for a term of four years each and one for a
   49  term of two years and thereafter at each biennial town election in  such
   50  town  there  shall be elected three town councilmen for the term of four
   51  years each, in the same manner as other elective town officers  in  such
   52  town.  The  term  of  office  of each such councilman shall begin on the
   53  first day of January next  succeeding  the  election  at  which  he  was
   54  elected.
   55    [2.  Whenever  a  proposition shall have been adopted in a town of the
   56  first class which  shall  not  have  established  the  ward  system,  to
       A. 4879                             3
    1  increase  the  number  of councilmen from two to four, party nominations
    2  for town councilmen may be made  and  designating  petitions  filed  and
    3  three  town  councilmen  shall  be  elected  at  the first biennial town
    4  election  held at least one hundred fifty days thereafter, two for terms
    5  of four years each and one for a term of two years,  and  thereafter  at
    6  each  biennial  town  election  in such town, there shall be elected two
    7  town councilmen for terms of four years each,  in  the  same  manner  as
    8  other  elective  town  officers in such town. The term of office of each
    9  such town councilman shall begin  on  the  first  day  of  January  next
   10  succeeding the election at which he was elected.
   11    3.  Whenever  a  proposition  shall have been adopted in a town of the
   12  first class to reduce the number of councilmen from four to two, no town
   13  councilmen shall be elected at the first biennial town election held  at
   14  least  one  hundred  fifty  days after the adoption of such proposition.
   15  Party nominations for  town  councilmen  may  be  made  and  designating
   16  petitions filed and two town councilmen shall be elected at the biennial
   17  town  election  next  succeeding  the biennial town election at which no
   18  town councilmen are elected, one for a term of two years and one  for  a
   19  term of four years and thereafter at each biennial town election in such
   20  town  there  shall  be  elected  one  town councilman for a term of four
   21  years, in the same manner as other elective town officers in such  town.
   22  The  term of office of each such councilman shall begin on the first day
   23  of January next succeeding the election at which he was elected.]
   24    S 5. Subdivision 13 of section 341 of the town law is REPEALED.
   25    S 6. The general municipal law is amended by adding a new article  7-B
   26  to read as follows:
   27                                 ARTICLE 7-B
   28                            ELECTION BY WARDS IN
   29                             TOWNS AND VILLAGES
   30  SECTION 150. AT LARGE ELECTIONS PROHIBITED.
   31          151. ESTABLISHMENT OF WARD SYSTEMS.
   32          152. TEMPORARY EXEMPTION.
   33    S  150.  AT  LARGE ELECTIONS PROHIBITED. NO MEMBER OF THE GOVERNING OR
   34  LEGISLATIVE BODY OF A TOWN OR VILLAGE SHALL BE ELECTED BY  THE  ELECTORS
   35  OF SUCH TOWN OR VILLAGE AT LARGE.
   36    S 151. ESTABLISHMENT OF WARD SYSTEMS. 1. THE BOARD OF ELECTIONS OF THE
   37  COUNTY  SHALL  DIVIDE EACH TOWN AND VILLAGE INTO SUCH NUMBER OF WARDS AS
   38  IS EQUAL TO THE NUMBER OF MEMBERS OF THE GOVERNING OR  LEGISLATIVE  BODY
   39  OF SUCH TOWN OR VILLAGE; AND SHALL FIX THE BOUNDARIES THEREOF. THE DIVI-
   40  SION THEREOF SHALL BE SO MADE THAT THE NUMBER OF ELIGIBLE VOTERS IN EACH
   41  WARD SHALL BE APPROXIMATELY EQUAL.
   42    2.  THE  DEPARTMENT  OF  STATE AND THE LEGISLATIVE TASK FORCE ON DEMO-
   43  GRAPHIC  RESEARCH  AND  REAPPORTIONMENT  SHALL  PROVIDE  TO  BOARDS   OF
   44  ELECTIONS  ANY  AND  ALL ASSISTANCE AS MAY BE NECESSARY TO IMPLEMENT THE
   45  PROVISIONS OF THIS SECTION.
   46    3. EVERY WARD ESTABLISHED PURSUANT TO THIS SECTION SHALL  BE  REAPPOR-
   47  TIONED  IN THE SAME YEAR AS CONGRESSIONAL, ASSEMBLY AND SENATE DISTRICTS
   48  ARE REAPPORTIONED PURSUANT TO SECTION FOUR OF ARTICLE THREE OF THE STATE
   49  CONSTITUTION.
   50    S 152. TEMPORARY EXEMPTION. 1. IN THE  EVENT  A  VILLAGE  OR  TOWN  IS
   51  UNABLE  TO  COMPLY WITH THE PROVISIONS OF SECTIONS ONE HUNDRED FIFTY AND
   52  ONE HUNDRED FIFTY-ONE OF THIS ARTICLE FOR THE FIRST GENERAL ELECTION  OR
   53  FIRST  GENERAL  VILLAGE  ELECTION  OCCURRING  AFTER SEPTEMBER FIRST, TWO
   54  THOUSAND ELEVEN, SUCH TOWN OR VILLAGE SHALL, NOT LESS  THAN  SIX  MONTHS
   55  PRIOR TO SUCH ELECTION, SUBMIT AN APPLICATION TO THE DEPARTMENT OF STATE
   56  AND  THE  DEPARTMENT OF LAW FOR AN EXEMPTION FROM THE PROVISIONS OF SUCH
       A. 4879                             4
    1  SECTIONS WHICH  SHALL  APPLY  ONLY  TO  SUCH  FIRST  ELECTION.  NO  SUCH
    2  EXEMPTION  SHALL  BE GRANTED UNLESS THE APPLICATION THEREFOR IS APPROVED
    3  JOINTLY BY THE SECRETARY OF STATE AND THE ATTORNEY-GENERAL.
    4    2.  UPON  THE  JOINT APPROVAL OF ANY APPLICATION SUBMITTED PURSUANT TO
    5  SUBDIVISION ONE OF THIS SECTION, THE SECRETARY OF STATE AND  THE  ATTOR-
    6  NEY-GENERAL  SHALL PROVIDE THE VILLAGE OR TOWN AND THE APPROPRIATE BOARD
    7  OF ELECTIONS WITH A NOTICE OF SUCH EXEMPTION. SUCH NOTICE SHALL INCLUDE:
    8    (A) THE SPECIFIC REASONS FOR THE GRANTING OF THE EXEMPTION;
    9    (B) A TIMELINE OF ACTIONS THAT THE TOWN OR VILLAGE SHALL FULFILL ON OR
   10  BEFORE THE SUCCEEDING GENERAL ELECTION OR GENERAL VILLAGE ELECTION; AND
   11    (C) A TIMELINE OF ACTIONS REQUIRED TO BE COMPLETED FOR THE ELECTION OF
   12  ALL MEMBERS OF THE GOVERNING OR LEGISLATIVE BODY OF SUCH TOWN OR VILLAGE
   13  DURING THE SUCCEEDING CALENDAR YEAR.
   14    3. EVERY TOWN AND VILLAGE,  GRANTED  AN  EXEMPTION  PURSUANT  TO  THIS
   15  SECTION,  SHALL COMPLY WITH ALL PROVISIONS OF SECTIONS ONE HUNDRED FIFTY
   16  AND ONE HUNDRED FIFTY-ONE OF  THIS  ARTICLE  FOR  EVERY  ELECTION  WHICH
   17  FOLLOWS SUCH FIRST ELECTION FOR WHICH AN EXEMPTION WAS GRANTED.
   18    4. ON OR BEFORE THE FIRST OF JUNE IN TWO THOUSAND TWELVE, TWO THOUSAND
   19  THIRTEEN  AND  TWO  THOUSAND FOURTEEN, THE ATTORNEY-GENERAL SHALL SUBMIT
   20  REPORTS TO THE GOVERNOR AND THE LEGISLATURE ON THE  TOWNS  AND  VILLAGES
   21  GRANTED  EXEMPTIONS  PURSUANT  TO  THIS  SECTION. EACH SUCH REPORT SHALL
   22  INCLUDE THE NAME OF THE TOWN OR VILLAGE, A DESCRIPTION OF THE PROBLEM IN
   23  ESTABLISHING WARDS, THE POPULATION, THE ELECTED POSITIONS INVOLVED,  AND
   24  THE OUTCOMES OF THE RELEVANT ELECTIONS.
   25    S 7. This act shall take effect immediately and shall apply to general
   26  elections  and  general  village  elections occurring after September 1,
   27  2010.
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