S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5661--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by M. of A. SIMONE, GLICK, DINOWITZ, COLTON, WEPRIN, CARROLL
   -- Multi-Sponsored by -- M. of A. COOK -- read once  and  referred  to
   the  Committee  on Cities -- recommitted to the Committee on Cities in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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:
 
   Section 1. Paragraphs (e), (f) and (g) of subdivision 5 of section  36
 of the municipal home rule law are REPEALED.
   §  2.  Paragraphs  (b)  and  (d) of subdivision 5 of section 36 of the
 municipal home rule law, as amended by chapter 592 of the laws of  1964,
 are amended and a new paragraph (e) is added  to read as follows:
   (b) Such new charter or amendments shall be completed and filed in the
 office  of the city clerk (I) NO LESS THAN ONE HUNDRED EIGHTY DAYS AFTER
 THE CHARTER COMMISSION WAS CREATED AND ORGANIZED, AND NO LESS THAN THIR-
 TY DAYS AFTER A CHARTER COMMISSION REPORT HAS BEEN MADE PUBLIC  PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION, AND (II) in time for submission to
 the  electors not later than the second general election after the char-
 ter commission is created and organized. The local  law  or  certificate
 establishing  the commission or, in the absence of such provision there-
 in, the charter commission shall provide for such publication  or  other
 publicity in respect to the provisions of the proposed charter or amend-
 ments  as it may deem proper, and for submission thereof to the electors
 of the city at a general or special election held not earlier than sixty
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07932-02-4
              

 A. 5661--A                          2
 
 days after the filing thereof in the office of the city  clerk  and  not
 later  than  the  next  general election which does not occur within the
 said sixty days, provided, however, that if such general election occurs
 within ninety days after the said filing, the proposed charter or amend-
 ments  shall be submitted at such general election. At such election, if
 a proposed new charter is submitted as a single proposal, there shall be
 submitted to the qualified electors of the city the question: "Shall the
 new city charter proposed by the city charter commission be  adopted  ?"
 The  charter  commission may, however, require that its proposed charter
 be submitted in two or more parts so arranged that  corresponding  parts
 of  the  existing  charter shall remain in effect if one or more of such
 parts are not adopted, or may in lieu of a new charter submit a revision
 of the existing charter in one or more amendments and  may  also  submit
 alternative  charters  or amendments or alternative provisions to super-
 sede designated portions of a proposed charter or amendment if  adopted.
 In  such  case  the  charter  commission shall prescribe the form of the
 questions to be submitted, which shall be such as  clearly  to  indicate
 the effect of their approval.
   (d)  If  any question submitted by the charter commission receives the
 affirmative vote of a majority of the qualified  electors  of  the  city
 voting  thereon,  the  proposal  submitted  thereby shall take effect as
 specified therein and the new charter or the amendment or amendments  to
 the existing charter as so proposed shall become operative as prescribed
 therein[;  except  that if there be a conflict between the provisions of
 two or more proposals approved by the electors at the same election, the
 proposal receiving the largest number of affirmative votes shall prevail
 to the extent of such conflict].
   (E) NOTWITHSTANDING PARAGRAPH (D) OF THIS SUBDIVISION, IF THERE  IS  A
 CONFLICT BETWEEN THE PROVISIONS OF TWO OR MORE PROPOSALS APPROVED BY THE
 ELECTORS AT THE SAME ELECTION, THE PROPOSAL RECEIVING THE LARGEST NUMBER
 OF AFFIRMATIVE VOTES SHALL PREVAIL TO THE EXTENT OF SUCH CONFLICT.
   § 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.