S1319-2011 Actions

• Jan 4, 2012: REFERRED TO CITIES
• Jan 6, 2011: REFERRED TO CITIES

S1319-2011 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.

S1319-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1319
 2011-2012 Regular Sessions
 I N  SENATE
 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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