Rpld §36 sub 5 ¶¶(e), (f) & (g), amd §36, Munic Home R L
Relates to the city charter referendum process; repeals certain provisions regarding the adoption of a new or revised city charter proposed by a charter commission which limit the submission of questions to a city's qualified electors; eliminates the rule that provides that whenever a city charter commission puts a proposal on the local ballot, all other local referendum proposals are barred from the ballot.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3665
SPONSOR: Simone TITLE OF BILL:
An act to amend the municipal home rule law, in relation to the city
charter referendum process; and to repeal paragraphs (e), (f) and (g) of
subdivision 5 of section 36 of the municipal home rule law, relating to
limitations on the submitting of a question to the qualified electors of
a city when there is a question submitted by a charter commission
SUMMARY OF PROVISIONS:
This bill would delete the "bumping" provision from the Municipal Home
Rule Law, which provides that whenever a city charter revision commis-
sion puts any proposal on the local ballot, all other local referendum
proposals are barred from the ballot.
JUSTIFICATION:
In 1998, the New York City Council proposed a referendum on a city char-
ter amendment relating to Yankee Stadium. In response, Mayor Giuliani
took advantage of the "bumping" provision in the Municipal Home Rule
Law, to prevent the City Council from placing referenda on the ballot
that year. Using his power unilaterally, he appointed a charter revision
commission to put proposals on the ballot, bumping not only the Yankee
Stadium question, but a campaign finance initiative, as well.
PRIOR LEGISLATIVE HISTORY:
1999-00: A7670 - referred to Cities Committee
2001-02: A8914 - referred to Cities Committee
2003-04: A5585 - referred to Cities Committee
2005: A4117 - reported to Rules Committee; 2006: A4117 advanced to 3rd
reading
2007: A5504 - advanced to 3rd reading; 2008: A5504 - passed Assembly
2007: A.5504 - advanced to 3rd reading; 2008: A.5504 passed Assembly
2009-10: A.6019 - passed Assembly
2011-12: A2065 - passed Assembly
2013: A5347 - passed Assembly; 2014: A5347 - advanced to 3' reading
2015 -2016: A3839 - advanced to 3' reading
2017-2018: A. 3124 - advanced to 3rd reading
2019-2020: A1453 - referred to the Cities Committee
2021-2022: A23 - referred to the Cities Committee
2023-2024: A5661 - referred to the Cities Committee
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
3665
2025-2026 Regular Sessions
IN ASSEMBLY
January 29, 2025
___________
Introduced by M. of A. SIMONE -- read once and referred to the Committee
on Cities
AN ACT to amend the municipal home rule law, in relation to the city
charter referendum process; and to repeal paragraphs (e), (f) and (g)
of subdivision 5 of section 36 of the municipal home rule law, relat-
ing to limitations on the submitting of a question to the qualified
electors of a city when there is a question submitted by a charter
commission
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (e), (f) and (g) of subdivision 5 of section 36
2 of the municipal home rule law are REPEALED.
3 § 2. Paragraphs (b) and (d) of subdivision 5 of section 36 of the
4 municipal home rule law, as amended by chapter 592 of the laws of 1964,
5 are amended and a new paragraph (e) is added to read as follows:
6 (b) Such new charter or amendments shall be completed and filed in the
7 office of the city clerk (i) no less than one hundred eighty days after
8 the charter commission was created and organized, and no less than thir-
9 ty days after a charter commission report has been made public pursuant
10 to paragraph (a) of this subdivision, and (ii) in time for submission to
11 the electors not later than the second general election after the char-
12 ter commission is created and organized. The local law or certificate
13 establishing the commission or, in the absence of such provision there-
14 in, the charter commission shall provide for such publication or other
15 publicity in respect to the provisions of the proposed charter or amend-
16 ments as it may deem proper, and for submission thereof to the electors
17 of the city at a general or special election held not earlier than sixty
18 days after the filing thereof in the office of the city clerk and not
19 later than the next general election which does not occur within the
20 said sixty days, provided, however, that if such general election occurs
21 within ninety days after the said filing, the proposed charter or amend-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01385-01-5
A. 3665 2
1 ments shall be submitted at such general election. At such election, if
2 a proposed new charter is submitted as a single proposal, there shall be
3 submitted to the qualified electors of the city the question: "Shall the
4 new city charter proposed by the city charter commission be adopted ?"
5 The charter commission may, however, require that its proposed charter
6 be submitted in two or more parts so arranged that corresponding parts
7 of the existing charter shall remain in effect if one or more of such
8 parts are not adopted, or may in lieu of a new charter submit a revision
9 of the existing charter in one or more amendments and may also submit
10 alternative charters or amendments or alternative provisions to super-
11 sede designated portions of a proposed charter or amendment if adopted.
12 In such case the charter commission shall prescribe the form of the
13 questions to be submitted, which shall be such as clearly to indicate
14 the effect of their approval.
15 (d) If any question submitted by the charter commission receives the
16 affirmative vote of a majority of the qualified electors of the city
17 voting thereon, the proposal submitted thereby shall take effect as
18 specified therein and the new charter or the amendment or amendments to
19 the existing charter as so proposed shall become operative as prescribed
20 therein[; except that if there be a conflict between the provisions of
21 two or more proposals approved by the electors at the same election, the
22 proposal receiving the largest number of affirmative votes shall prevail
23 to the extent of such conflict].
24 (e) Notwithstanding paragraph (d) of this subdivision, if there is a
25 conflict between the provisions of two or more proposals approved by the
26 electors at the same election, the proposal receiving the largest number
27 of affirmative votes shall prevail to the extent of such conflict.
28 § 3. This act shall take effect immediately.
REPEAL NOTE.--Paragraphs (e), (f) and (g) of subdivision 5 of section
36 of the municipal home rule law proposed to be repealed by this act
provides limitations including prohibition on submission by local law,
ordinance, resolution or petition of a question to the qualified elec-
tors of a city when any question is submitted by a charter commission.
