NY State Senate Bill 2017-S4212

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to cities
Feb 06, 2017	referred to cities

2017-S4212 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Charter
Laws Affected:: Add §21-a, NYC Chart
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1430
2011-2012: S1319
2013-2014: S418
2015-2016: S2299

2017-S4212 (ACTIVE) - Summary

Relates to residency requirements for members of council.

2017-S4212 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4212

 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 :

2013-2014 S.418: Referred to cities
2015-2016 S.2299: Referred to elections

 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.

 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.

2017-S4212 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4212
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 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:
   § 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.
   §  2.  This  act  shall take 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.
                                                            LBD09266-01-7

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Senate Bill S4212

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

2017-S4212 (ACTIVE) - Details

2017-S4212 (ACTIVE) - Summary

2017-S4212 (ACTIVE) - Sponsor Memo

2017-S4212 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4212

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Sponsored By

Martin Malavé Dilan

Archive: Last Bill Status - In Senate Committee Cities Committee

2017-S4212 (ACTIVE) - Details

2017-S4212 (ACTIVE) - Summary

2017-S4212 (ACTIVE) - Sponsor Memo

2017-S4212 (ACTIVE) - Bill Text download pdf

Comments