senate Bill S418

2013-2014 Legislative Session

Relates to residency requirements for members of council

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to cities
Jan 09, 2013 referred to cities

S418 - Bill Details

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

S418 - Bill Texts

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Relates to residency requirements for members of council.

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BILL NUMBER:S418

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:
2011-12: S.1319
2009-10: S.1430/A.5188

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.


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

                                   418

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, 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.
                                                           LBD00414-01-3

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