STATE OF NEW YORK
________________________________________________________________________
1849
2021-2022 Regular Sessions
IN SENATE
January 16, 2021
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
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.) As used in this subparagraph the term "population" shall mean
6 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 shall utilize the
13 latest statistical information obtainable from an official enumeration
14 done at the same time for all the residents[, citizens, or registered
15 voters] of the local government. Such a plan may allocate, by extrapo-
16 lation or any other rational method, such latest statistical information
17 to representation areas or units of local government, provided that any
18 plan containing such an allocation shall have annexed thereto as an
19 appendix, a detailed explanation of the allocation.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05272-01-1