senate Bill S2729

Authorizes the city council in cities with a population of one million or more to prevent a proposed new charter, amendment or amendments from being placed on the ballot for submission to electors

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 23 / Jan / 2013
    • REFERRED TO CITIES

Summary

Authorizes the city council in cities with a population of one million or more to prevent a proposed new charter amendment or amendments from being placed on the ballot for submission to electors.

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Bill Details

Versions:
S2729
Legislative Cycle:
2013-2014
Current Committee:
Senate Cities
Law Section:
Municipal Home Rule Law
Laws Affected:
Amd ยง36, Munic Home R L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3600
2009-2010: S7216A

Sponsor Memo

BILL NUMBER:S2729

TITLE OF BILL: An act to amend the municipal home rule law, in relation
to authorizing the city council in cities with a population of one
million or more to prevent a proposed new charter, amendment or amend-
ments from being placed on the ballot for submission to electors

PURPOSE OR GENERAL IDEA OF BILL: To allow the New York City Council, by
a two-thirds vote, to block a proposal made by a charter revision
commission from being placed on the ballot.

JUSTIFICATION: In the past ten years, mayors have appointed charter
revision commissions six times resulting in rapidly proposed changes to
the City Charter which ware put before the voters. The first of these
commissions was put together in 1998 by Mayor Giuliani to propose recom-
mendations related to campaign finance reform. He did so immediately
after the City Council planned for a referendum on whether to ban the
use of taxpayer funds for a new Yankee Stadium in order to block that
from appearing on the ballot.

The mayor again put together a commission in 1999 to propose a change to
the order of succession should the mayor's position become vacant. The
current Charter provided for the Public Advocate to become Mayor, and
Mayor Giuliani wanted to change that to provide for a special election.
It was no secret that Giuliani was considering a run for the US Senate
seat and wanted his political adversary, Public Advocate Mark Green,
from becoming Mayor.

The most recent Commission was appointed by mayor Bloomberg in 2005 to
address several subjects. When the City Council Speaker Miller requested
another subject be added to the discussion, it was summarily rejected,
giving the City Council no say in what proposals were put before the
voters.

This bill would give the City Council a voice in what issues were put
before the voters.

PRIOR LEGISLATIVE HISTORY: 2010: S.7216A - Held in Cities 2011: S.3600
- Referred to Cities 2012: S.3600 - Referred to Cities

FISCAL IMPLICATIONS: TO STATE AND LOCAL GOVERNMENT:

EFFECTIVE DATE: Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2729

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the municipal home rule law, in relation to  authorizing
  the city council in cities with a population of one million or more to
  prevent  a  proposed  new  charter, amendment or amendments from being
  placed on the ballot for submission to electors

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 5 of section 36 of the municipal home rule law
is amended by adding a new paragraph (b-1) to read as follows:
  (B-1) IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, WITHIN THREE
DAYS OF THE FILING OF A NEW CHARTER, AMENDMENT OR AMENDMENTS PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION, THE CITY CLERK SHALL NOTIFY THE  CITY
COUNCIL  OF  SUCH  FILING.  WITHIN THIRTY DAYS OF SUCH NOTIFICATION, THE
CITY COUNCIL MAY, BY A VOTE OF TWO-THIRDS OF THE MEMBERS OF  SUCH  COUN-
CIL,  PREVENT  SUCH  PROPOSED  NEW CHARTER, AMENDMENT OR AMENDMENTS FROM
BEING PLACED ON THE BALLOT FOR SUBMISSION THEREOF TO THE ELECTORS OF THE
CITY.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05547-01-3

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