File #: Int 1904-2020    Version: * Name: Ability of supreme court justices in the twelfth and thirteenth judicial districts to hear objections to charter amendment petitions.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Governmental Operations
On agenda: 2/27/2020
Enactment date: Law number:
Title: A Local Law to amend the New York city charter, in relation to the ability of supreme court justices in the twelfth and thirteenth judicial districts to hear objections to charter amendment petitions
Sponsors: Fernando Cabrera , Kalman Yeger , Joseph C. Borelli, David M. Carr
Council Member Sponsors: 4
Summary: This bill would update section 40 of the Charter to reflect the creation of the Twelfth and Thirteenth Judicial Districts. Currently, section 40 permits any supreme court justice “in the first, second or eleventh judicial district” to resolve disputes regarding the validity of voter petitions to amend the Charter. When the Legislature reassigned Bronx County to the Twelfth District and Richmond County to the Thirteenth District, it did not update section 40 accordingly. This bill would make the necessary updates to section 40 to clarify that justices in Bronx and Richmond Counties continue to be able to resolve disputes regarding the validity of Charter amendment petitions.
Attachments: 1. Summary of Int. No. 1904, 2. Int. No. 1904, 3. February 27, 2020 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 2-27-20, 5. Minutes of the Stated Meeting - February 27, 2020

Int. No. 1904

 

By Council Members Cabrera, Yeger, Borelli and Carr

 

A Local Law to amend the New York city charter, in relation to the ability of supreme court justices in the twelfth and thirteenth judicial districts to hear objections to charter amendment petitions

 

Be it enacted by the Council as follows:

 

Section 1. Subparagraph (1) of paragraph (c) of subdivision 2 of section 40 of the New York city charter, as amended by a vote of the electors on November 7, 1989, is amended to read as follows:

(1) Not less than fifty thousand qualified electors of the city may file in the office of the city clerk a petition for the submission to the electors of the city at the next general election therein held not less than sixty days after filing of such petition of such a proposed amendment or amendments to the charter to be set forth in full in the petition. The petition may be made upon separate sheets and the signatures of each shall be authenticated in the manner provided by the Election Law for the authentication of designating petitions. The several sheets so signed and authenticated when fastened together and offered for filing shall be deemed to constitute one petition. A signature made earlier than one hundred twenty days before the filing of the petition shall not be counted. If within ten days after the filing of such petition a written objection thereto be filed with the office of the city clerk, the Supreme Court or any justice thereof of the first, second, [or] eleventh, twelfth or thirteenth judicial district shall determine any question arising thereunder and make such order as justice may require. Such proceedings shall be heard and determined in the manner prescribed by the election law in relation to judicial proceedings thereunder.

§ 2. This local law takes effect immediately after it is submitted for the approval of the qualified electors of the city at the next general election held after its enactment and approved by a majority of such electors voting thereon.

 

 

 

 

 

 

CJM

LS #12424

October 30, 2019