Repeals certain provisions regarding the adoption of a new or revised city charter proposed by a charter commission which limits 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: A3665A
SPONSOR: Simone TITLE OF BILL:
An act 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:
Section 1 would amend Municipal Home Rule Law § 36, subdiv. 5 to repeal
paragraphs (e), (f) and (g), the "bumping" provision, which provide that
when a city charter revision commission puts any proposal on the local
ballot, all other local referendum proposals are barred from the ballot.
Section 2 adds a new paragraph (e) to subdivision 5 of section 36 of the
municipal home rule law to clarify that the existing language about
conflicting provisions approved by the voters at the same time applies
to any charter revisions or amendments, whether they were proposed by a
charter commission, city council, or voter petition.
Section 3 sets the effective date
JUSTIFICATION:
In New York City, the City Council, or voters by petition, may propose a
city charter amendment to go on the ballot for consideration in a refer-
endum. However, the New York City mayor currently has the ability to
"bump" any proposal off the ballot, simply by appointing a charter
revision commission and having that commission propose any charter
amendment. Under state Municipal Home Rule Law § 36, if that commission
puts a proposal on the ballot - regardless of the subject or how minor
it might be - then no other proposal may be placed on the ballot that
2005: A4117 - reported to Rules Committee; 2006: A4117 advanced to 3rd
reading
2007: A5504 - advanced to 3rd reading;
2008: A5504 - passed Assembly
2009-10: A.6019 - passed Assembly
2011-12: A2065 - passed Assembly
2013: A5347 - passed Assembly;
2014: A5347 - advanced to 3rd reading
2015 -2016: A3839 - advanced to 3rd 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--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 29, 2025
___________
Introduced by M. of A. SIMONE, WEPRIN, GONZALEZ-ROJAS, DINOWITZ,
EPSTEIN, GLICK, TAPIA, REYES -- read once and referred to the Commit-
tee on Cities -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT 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
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. 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01385-02-5
