senate Bill S1319

Relates to residency requirements for members of council

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO CITIES
  • 04 / Jan / 2012
    • REFERRED TO CITIES

Summary

Relates to residency requirements for members of council.

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Bill Details

Versions:
S1319
Legislative Cycle:
2011-2012
Current Committee:
Senate Cities
Law Section:
New York City Charter
Laws Affected:
Add §21-a, NYC Chart
Versions Introduced in 2009-2010 Legislative Cycle:
S1430

Sponsor Memo

BILL NUMBER:S1319

TITLE OF BILL:
An act
to amend the New York city charter, in relation to the qualifications of
council members

PURPOSE:
This bill would amend the New York City Charter to require those running
for city council to be citizens of the United States and to have lived
within the council district for the twelve months immediately preceding
the election.

SUMMARY OF PROVISIONS:
Section one amends the New York City Charter by adding a new section
21-a.

EXISTING LAW:
Current law regarding the residency of those running for city council
requires that the elected live in the district at the time he or she is
sworn into office. They need not physically live in the district prior
to, or during the actual campaign.

JUSTIFICATION:
Over the last several years there have been many documented cases of
people moving directly into districts with the express intention of
solely running for office. These candidates have no ties to the
districts or constituents they seek to represent and oftentimes issues
over residency turn into campaign fodder.

One recent example regarding a candidate's residency occurred in a
special election to fill a New York City Council seat in Brooklyn.. In
that case it turned out that the winner did not reside in the district
prior to the election as required by local law and could not take office
after the results were certified As a result, another election had to be
held at the direct expense of the taxpayers. The costs associated with
this second election should not be shouldered onto those of the
taxpayers, especially given the fact this whole situation never should
have arisen in the first place.

LEGISLATIVE HISTORY:
2009-10: S.1430/A.5188
2007-08: S.4906/A.11776

FISCAL IMPLICATIONS:
None to the state. Had this law been in effect several months ago, it
would have saved the City of New York over $700,000, which is the
approximate cost of holding a second city council election, following
the disqualification of the first winner.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all members
elected on or after the date it shall have become a law.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1319

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced by Sens. DILAN, DIAZ, PARKER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Cities

AN ACT to amend the New York city charter, in relation to the qualifica-
  tions of council members

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The New York city  charter  is  amended  by  adding  a  new
section 21-a to read as follows:
  S  21-A. RESIDENCE QUALIFICATIONS OF MEMBERS. NO PERSON SHALL SERVE AS
A MEMBER UNLESS HE OR SHE IS A CITIZEN OF THE UNITED STATES AND,  EXCEPT
AS  HEREINAFTER OTHERWISE PRESCRIBED, HAS BEEN A RESIDENT OF THE COUNCIL
DISTRICT FOR THE TWELVE MONTHS IMMEDIATELY PRECEDING HIS OR HER ELECTION
AND CONTINUOUSLY THEREAFTER; IF ELECTED AT THE FIRST ELECTION NEXT ENSU-
ING AFTER A READJUSTMENT OR ALTERATION OF DISTRICTS BECOMES EFFECTIVE, A
PERSON, TO BE ELIGIBLE TO SERVE AS A MEMBER, MUST HAVE BEEN  A  RESIDENT
OF THE BOROUGH IN WHICH THE COUNCIL DISTRICT IS CONTAINED FOR THE TWELVE
MONTHS  IMMEDIATELY  PRECEDING HIS OR HER ELECTION AND A RESIDENT OF THE
DISTRICT UPON TAKING OFFICE AND CONTINUOUSLY THEREAFTER.
  S 2. This act shall effect immediately and shall apply to all  members
elected on or after the date it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02680-01-1

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