NY State Senate Bill 2023-S9935

Senate Bill S9935

2023-2024 Legislative Session

Relates to the city charter referendum process; repeals certain provisions regarding adoption of new or revised city charter proposed by charter commission which limit submission of questions to city's electors

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Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 18, 2024	referred to rules

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2023-S9935 (ACTIVE) - Details

See Assembly Version of this Bill:: A5661
Current Committee:: Senate Rules
Law Section:: Municipal Home Rule Law
Laws Affected:: Rpld §36 sub 5 ¶¶(e), (f) & (g), amd §36, Munic Home R L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6019
2011-2012: A2065
2013-2014: A5347
2015-2016: A3839
2017-2018: A3124
2019-2020: A1453
2021-2022: A23

2023-S9935 (ACTIVE) - Summary

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.

2023-S9935 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9935REVISED 11/12/24

SPONSOR: KRUEGER
 
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:

Section 1 would amend Municipal Home Rule Law § 36, subdiv. 5 to repeal
paragraphs (e), (f) and (g), the "bumping" provision, which p rovide
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 amends MHRL § 36, subdiv. 5, paragraph (a), to require (1)
that a city charter revision commission be created and organized at
least 180 days before it submits any proposal to the city clerk to go on
the ballot, and (2) that any commission charter revision or amendment

proposal be made public at least 30 days before it is submitted to the
city clerk.

Section 2 also amends subdiv. 5, paragraph (b) 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 peti-
tion.

 
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
year by the city council or petition.

Mayors have repeatedly used this power to prevent charter proposals they
oppose from being considered by voters.

In 2024, the New York City Council proposed a charter amendment to make
mayoral appointments to head numerous city agencies subject to City
Council confirmation (much like presidential and gubernatorial appoint-
ments). Mayor Adams blocked this from appearing on the ballot by
appointing a last-minute charter revision commission filled with poli-
tical allies that advanced a handful of rushed proposals with extraor-
dinarily limited public review that were put on the 2024 ballot. Recent-
ly published press reports indicate that the Mayor is considering
appointing another charter revision commission in 2025 in order to
prevent any other charter proposals supported by the City Council being
considered by voters.

Mayor Adams is not the first New York City Mayor to have created a
rushed charter revision commission in order to block charter revis ion
proposals advanced by the City Council or voters by petition. In 1998,
there were proposed city charter amendments relating to a proposed
sports stadium and campaign finance. Mayor Giuliani opposed these
proposals, so 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.

A charter revision commission should not be hastily organized and its
proposals hastily put on the ballot. Charter proposals from the city
council have to comply with the ordinary timing and public disclosure
requirements of legislative process which averages over 2 71 days.
Proposals by voter petition similarly are required to go through a
lengthy and public signature-gathering process.

Conceivably, two proposals could be on the ballot at the same time, with
conflicting provisions on a given point, and both might be a pproved.
The Municipal Home Rule Law already has provisions to deal with situ-
ations like this. If two conflicting provisions are both are approved by
voters, the provision that receives the most votes prevails. This bill
clarifies that this section of the Municipal Home Rule Law applies
regardless of how a charter revision proposal is placed on the ballot.

 
PRIOR LEGISLATIVE HISTORY:

2023-2024: New Bill/ Same as A5661 (Simone)

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S9935 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9935
 
                             I N  S E N A T E
 
                             October 18, 2024
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07932-03-4
 S. 9935                             2
 
 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.

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Senate Bill S9935

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Sponsored By

Liz Krueger