NY State Senate Bill 2009-S6892

Senate Bill S6892

2009-2010 Legislative Session

Provides appointment process for members of a charter revision commission appointed by the mayor of N.Y. city for the submission of proposals

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2010	print number 6892b
May 19, 2010	amend and recommit to cities
Feb 26, 2010	print number 6892a
Feb 26, 2010	amend and recommit to cities
Feb 23, 2010	referred to cities

Bill Amendments

Original

B (Active)

2009-S6892 - Details

Current Committee:: Senate Cities
Law Section:: Municipal Home Rule Law
Laws Affected:: Amd §36, Munic Home R L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S412
2013-2014: S3440
2015-2016: S4598

2009-S6892 - Summary

Provides an appointment process for members of a charter revision commission appointed by the mayor of a city of one million or more inhabitants; establishes qualifications for such members and prohibits certain political contributions by them during their tenure; provides for the manner of submission of certain proposals.

2009-S6892 - Sponsor Memo

                                 BILL NUMBER:  S6892

 TITLE OF BILL :
An act to amend the municipal home rule law, in relation to promoting
representative charter revision commissions in cities of one million
or more


 PURPOSE OR GENERAL IDEA OF BILL :
To ensure charter revision committees are representative of the city
and are appointed with adequate time to make proposals to be placed on
the ballot.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends section 36 of the municipal home rule law by adding
section 4-a. This section would require the mayor to choose the
charter revision commission from at least the nominations of the
following: the comptroller, public advocate, the borough presidents
acting together, and one nominated by each of the borough delegations
to the city council. No member of the commission may be an officer of
a political party, a registered lobbyist or employee of a registered
lobbyist. Commission members may not make contributions to campaigns
of people seeking or holding city office. The commission members will
be subject to the conflict of interest provisions in the charter.

If charter revision commission is created after May 15th, the

commission may not submit proposals until the following calendar year
without city council approval at least 90 days prior to the year's
general election.

Section 2 of the bill subdivision 4 of section 36 of the municipal
home rule law such that in a city of one million or more the charter
commission shall consist of not less than 9 members nor more than
seventeen members.

Section 3 is the enacting clause with provisions t.hat any charter
revision commission in existence, which is· not in compliance with
this subdivision, is hereby terminated.

 JUSTIFICATION :
The city charter is the most vital document a city maintains. Over the
last several years, there have been many attempts to form charter
revision commissions in short periods of time in order to push through
the objectives of the appointing authority.  Since the city charter is
the document of all the people of a city, it is important any
commission formed is representative of the city.  The best way to
create a representative body is from nominees of the city's elected
officials.

City charter commissions need time to deliberate before submitting
proposals and there needs to be adequate time for public consumption
of the proposals. By creating a deadline for a charter commission to
be formed there is adequate time provided for both deliberation and
public consumption.

 FISCAL IMPLICATIONS TO THE STATE :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S6892 - Bill Text download pdf

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

                                  6892

                            I N  S E N A T E

                            February 23, 2010
                               ___________

Introduced  by  Sen. KRUEGER -- 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  promoting
  representative  charter  revision commissions in cities of one million
  or more

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

  Section  1.  Section  36  of the municipal home rule law is amended by
adding a new subdivision 4-a to read as follows:
  4-A. THE PROVISIONS OF THIS SUBDIVISION APPLY TO CITIES OF ONE MILLION
OR MORE INHABITANTS. IN APPOINTING THE MEMBERS OF A COMMISSION  PURSUANT
TO SUBDIVISION FOUR OF THIS SECTION, THE MAYOR SHALL CHOOSE AT LEAST THE
FOLLOWING  MEMBERS NOMINATED BY LOCAL ELECTED OFFICIALS: ONE EACH BY THE
COMPTROLLER, BY THE PUBLIC  ADVOCATE,  AND  BY  THE  BOROUGH  PRESIDENTS
ACTING TOGETHER; AND ONE NOMINATED BY EACH OF THE BOROUGH DELEGATIONS TO
THE  CITY  COUNCIL. IN NOMINATING AND APPOINTING COMMISSION MEMBERS, THE
MAYOR AND LOCAL ELECTED OFFICIALS SHALL  CHOOSE  INDIVIDUALS  FOR  THEIR
INDEPENDENCE,  INTEGRITY,  AND  EXPERIENCE IN CITY GOVERNMENT AND IN THE
SECTORS OF THE CITY AFFECTED BY CITY GOVERNMENT.    NO  MEMBER  OF  SUCH
COMMISSION  MAY  BE AN OFFICER OF A POLITICAL PARTY OR A LOBBYIST REGIS-
TERED WITH THE CITY OR AN EMPLOYEE OF SUCH  LOBBYIST,  NOR  MAY  MEMBERS
MAKE CONTRIBUTIONS TO THE CAMPAIGNS OF PERSONS HOLDING OR SEEKING PUBLIC
OR  PARTY  ELECTED OFFICES OR POSITIONS OF SUCH CITY DURING THEIR TENURE
AS MEMBERS. COMMISSION  MEMBERS  AND  STAFF  SHALL  BE  SUBJECT  TO  THE
CONFLICTS  OF  INTEREST  PROVISIONS  OF  THE CHARTER OR OTHER APPLICABLE
LOCAL LAWS OF SUCH A CITY.  IF SUCH A COMMISSION IS CREATED PURSUANT  TO
THIS  SUBDIVISION  AFTER  THE  FIFTEENTH  DAY  OF  MAY OF ANY YEAR, SUCH
COMMISSION MAY NOT PLACE ANY PROPOSALS ON THE BALLOT  UNTIL  THE  SUBSE-
QUENT  CALENDAR  YEAR  FOLLOWING ITS CREATION, UNLESS SUCH PROPOSALS ARE
APPROVED BY THE LOCAL LEGISLATIVE BODY AT LEAST  NINETY  DAYS  PRIOR  TO
THAT  YEAR'S  GENERAL  ELECTION.   PROPOSALS FOR SPECIFIC CHANGES TO THE
CHARTER RECOMMENDED BY SUCH COMMISSION  SHALL,  TO  THE  MAXIMUM  EXTENT
PRACTICABLE,  BE  SEPARATELY IDENTIFIED ON THE BALLOT FOR SEPARATE VOTER
CONSIDERATION.

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

                                                           LBD05037-03-0

S. 6892                             2

  S 2. Subdivision 4 of section 36 of the municipal home  rule  law,  as
amended  by  chapter  592  of  the  laws  of 1964, is amended to read as
follows:
  4.  A  charter  commission  to draft a new or revised city charter may
also be created by the mayor of any city. Such commission shall  consist
of  not  less  than nine nor more than fifteen members, EXCEPT THAT IN A
CITY WITH A POPULATION OF ONE MILLION OR  MORE,  SUCH  COMMISSION  SHALL
CONSIST  OF  NOT  LESS THAT NINE NOR MORE THAN SEVENTEEN MEMBERS, all of
whom shall be residents of the city. Original  appointments  to  such  a
commission  shall  be  made by the mayor by a certificate of appointment
which shall specify the number of, and names of, the members to  consti-
tute  [the]  SUCH commission, which certificate shall be filed forthwith
with the city clerk. The chairman, vice-chairman and secretary shall  be
appointed  by the mayor from among the members of [the] SUCH commission.
Any vacancy in the membership of such a commission or  of  its  officers
shall be filled by the mayor.
  S  3.  This  act  shall take effect immediately and shall apply to any
charter revision commission coming into existence on or after its effec-
tive date; provided that any charter  revision  commission  that  is  in
existence  prior  to  the effective date of this act and which is not in
compliance with the provisions of this act is hereby terminated, and  no
proposed  new  charter  or amendment offered by such commission shall be
put to vote nor take effect.

2009-S6892A - Details

Current Committee:: Senate Cities
Law Section:: Municipal Home Rule Law
Laws Affected:: Amd §36, Munic Home R L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S412
2013-2014: S3440
2015-2016: S4598

2009-S6892A - Summary

2009-S6892A - Sponsor Memo

                                 BILL NUMBER:  S6892A

 TITLE OF BILL :
An act to amend the municipal home rule law, in relation to promoting
representative charter revision commissions in cities of one million
or more


 PURPOSE OR GENERAL IDEA OF BILL :
To ensure charter revision committees are representative of the city
and are appointed with adequate time to make proposals to be placed on
the ballot.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends section 36 of the municipal home rule law by adding
section 4-a. This section would require the mayor to choose the
charter revision commission from at least the nominations of the
following: the comptroller, public advocate, the borough presidents
acting together, and one nominated by each of the borough delegations
to the city council. No member of the commission may be an officer of
a political party, a registered lobbyist or employee of a registered
lobbyist. Commission members may not make contributions to campaigns
of people seeking or holding city office. The commission members will
be subject to the conflict of interest provisions in the charter.

If charter revision commission is created after May 15th, the

commission may not submit proposals until the following calendar year
without city council approval at least 90 days prior to the year's
general election.

Section 2 of the bill subdivision 4 of section 36 of the municipal
home rule law such that in a city of one million or more the charter
commission shall consist of not less than 9 members nor more than
seventeen members.

Section 3 is the enacting clause with provisions t.hat any charter
revision commission in existence, which is· not in compliance with
this subdivision, is hereby terminated.

 JUSTIFICATION :
The city charter is the most vital document a city maintains. Over the
last several years, there have been many attempts to form charter
revision commissions in short periods of time in order to push through
the objectives of the appointing authority.  Since the city charter is
the document of all the people of a city, it is important any
commission formed is representative of the city.  The best way to
create a representative body is from nominees of the city's elected
officials.

City charter commissions need time to deliberate before submitting
proposals and there needs to be adequate time for public consumption
of the proposals. By creating a deadline for a charter commission to
be formed there is adequate time provided for both deliberation and
public consumption.

 FISCAL IMPLICATIONS TO THE STATE :
None.

 EFFECTIVE DATE :
This act shall take effect immediately and shall be deemed to have
been in full force and effect on and after January 1, 2010.

2009-S6892A - Bill Text download pdf

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

                                 6892--A

                            I N  S E N A T E

                            February 23, 2010
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Cities  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the municipal home rule law, in relation to promoting
  representative charter revision commissions in cities of  one  million
  or more

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

  Section 1. Section 36 of the municipal home rule  law  is  amended  by
adding a new subdivision 4-a to read as follows:
  4-A. THE PROVISIONS OF THIS SUBDIVISION APPLY TO CITIES OF ONE MILLION
OR  MORE INHABITANTS. IN APPOINTING THE MEMBERS OF A COMMISSION PURSUANT
TO SUBDIVISION FOUR OF THIS SECTION, THE MAYOR SHALL CHOOSE AT LEAST THE
FOLLOWING MEMBERS NOMINATED BY LOCAL ELECTED OFFICIALS: ONE EACH BY  THE
COMPTROLLER,  BY  THE  PUBLIC  ADVOCATE,  AND  BY THE BOROUGH PRESIDENTS
ACTING TOGETHER; AND ONE NOMINATED BY EACH OF THE BOROUGH DELEGATIONS TO
THE CITY COUNCIL. IN NOMINATING AND APPOINTING COMMISSION  MEMBERS,  THE
MAYOR  AND  LOCAL  ELECTED  OFFICIALS SHALL CHOOSE INDIVIDUALS FOR THEIR
INDEPENDENCE, INTEGRITY, AND EXPERIENCE IN CITY GOVERNMENT  AND  IN  THE
SECTORS  OF  THE  CITY  AFFECTED BY CITY GOVERNMENT.   NO MEMBER OF SUCH
COMMISSION MAY BE A CURRENT OFFICER OR EMPLOYEE OF THE CITY OR AN  OFFI-
CER  OF  A  POLITICAL PARTY OR A LOBBYIST REGISTERED WITH THE CITY OR AN
EMPLOYEE OF SUCH LOBBYIST, NOR MAY MEMBERS  MAKE  CONTRIBUTIONS  TO  THE
CAMPAIGNS  OF PERSONS HOLDING OR SEEKING PUBLIC OR PARTY ELECTED OFFICES
OR POSITIONS OF SUCH CITY DURING THEIR  TENURE  AS  MEMBERS.  COMMISSION
MEMBERS  AND  STAFF  SHALL  BE  SUBJECT  TO  THE  CONFLICTS  OF INTEREST
PROVISIONS OF THE CHARTER OR OTHER APPLICABLE LOCAL LAWS OF SUCH A CITY.
IF SUCH A COMMISSION IS CREATED PURSUANT TO THIS SUBDIVISION  AFTER  THE
FIFTEENTH  DAY  OF  MAY  OF  ANY YEAR, SUCH COMMISSION MAY NOT PLACE ANY
PROPOSALS ON THE BALLOT UNTIL THE SUBSEQUENT CALENDAR YEAR FOLLOWING ITS
CREATION, UNLESS SUCH PROPOSALS ARE APPROVED BY  THE  LOCAL  LEGISLATIVE
BODY  AT  LEAST  NINETY  DAYS  PRIOR  TO  THAT  YEAR'S GENERAL ELECTION.
PROPOSALS FOR SPECIFIC  CHANGES  TO  THE  CHARTER  RECOMMENDED  BY  SUCH

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

                                                           LBD05037-08-0

S. 6892--A                          2

COMMISSION SHALL, TO THE MAXIMUM EXTENT PRACTICABLE, BE SEPARATELY IDEN-
TIFIED ON THE BALLOT FOR SEPARATE VOTER CONSIDERATION.
  S  2.  Subdivision  4 of section 36 of the municipal home rule law, as
amended by chapter 592 of the laws  of  1964,  is  amended  to  read  as
follows:
  4.  A  charter  commission  to draft a new or revised city charter may
also be created by the mayor of any city. Such commission shall  consist
of  not  less  than nine nor more than fifteen members, EXCEPT THAT IN A
CITY WITH A POPULATION OF ONE MILLION OR  MORE,  SUCH  COMMISSION  SHALL
CONSIST  OF  NOT  LESS THAN NINE NOR MORE THAN SEVENTEEN MEMBERS, all of
whom shall be residents of the city. Original  appointments  to  such  a
commission  shall  be  made by the mayor by a certificate of appointment
which shall specify the number of, and names of, the members to  consti-
tute  [the]  SUCH commission, which certificate shall be filed forthwith
with the city clerk. The chairman, vice-chairman and secretary shall  be
appointed  by the mayor from among the members of [the] SUCH commission.
Any vacancy in the membership of such a commission or  of  its  officers
shall be filled by the mayor.
  S  3.  Paragraph  (d)  of subdivision 6 of section 36 of the municipal
home rule law, as amended by chapter 592 of the laws of 1964, is amended
to read as follows:
  (d) [No] EXCEPT AS PROVIDED IN SUBDIVISION FOUR-A OF THIS SECTION,  NO
person  shall be disqualified to serve as a member, employee or consult-
ant of the commission by reason of holding any other  public  office  or
employment, nor shall he forfeit any such office or employment by reason
of  his  appointment  hereunder,  notwithstanding  the provisions of any
general, special or local law, ordinance or city charter.
  S 4. This act shall take effect immediately, and shall  be  deemed  to
have  been  in  full  force and effect on and after January 1, 2010, and
shall apply to any charter revision commission coming into existence  on
or  after January 1, 2010; provided that any charter revision commission
that is in existence prior to January  1,  2010  and  which  is  not  in
compliance  with the provisions of this act is hereby terminated, and no
proposed new charter or amendment offered by such  commission  shall  be
put to vote nor take effect.

2009-S6892B (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: Municipal Home Rule Law
Laws Affected:: Amd §36, Munic Home R L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S412
2013-2014: S3440
2015-2016: S4598

2009-S6892B (ACTIVE) - Summary

2009-S6892B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6892B

 TITLE OF BILL :
An act to amend the municipal home rule law, in relation to promoting
representative charter revision commissions in cities of one million
or more


 PURPOSE OR GENERAL IDEA OF BILL :
To ensure charter revision committees are representative of the city
and are appointed with adequate time to make proposals to be placed on
the ballot.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends section 36 of the municipal home rule law by adding
section 4-a. This section would require the mayor to choose the
charter revision commission from at least the nominations of the
following: the comptroller, public advocate, the borough presidents
acting together, and one nominated by each of the borough delegations
to the city council. No member of the commission may be an officer Df
a political party, a registered lobbyist or employee of a registered
lobbyist. Commission members may not make contributions to campaigns
of people seeking or holding city office. The commission members will
be subject to the conflict of interest provisions in the charter.

If charter revision commission is created after February 15th, the

commission may not submit proposals until the following calendar year
without city council approval at least 90 days prior to the year's
general election.

Section 2 of the bill subdivision 4 of section 36 of the municipal
home rule law such that in a city of one million or more the charter
commission shall consist of not less than 9 members nor more than
seventeen members.

Section 3 is the enacting clause with provisions that any charter
revision commission in existence, which is not in compliance with this
subdivision, is hereby terminated.

 JUSTIFICATION :
The city charter is the most vital document a city maintains. Over the
last several years, there have been many attempts to form charter
revision commissions in short periods of time in order to push through
the objectives of the appointing authority.  Since the city charter is
the document of all the people of a city, it is important any
commission formed is representative of the city.  The best way to
create a representative body is from nominees of the city's elected
officials.

City charter commissions need time to deliberate before submitting
proposals and there needs to be adequate time for public consumption
of the proposals. By creating a deadline for a charter commission to
be formed there is adequate time provided for both deliberation and
public consumption.

 FISCAL IMPLICATIONS TO THE STATE :
None.

 EFFECTIVE DATE :
This act shall take effect immediately and shall be deemed to be have
been in full force and effect on and after January 1, 2010.

2009-S6892B (ACTIVE) - Bill Text download pdf

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

                                 6892--B

                            I N  S E N A T E

                            February 23, 2010
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Cities  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the municipal home rule law, in  relation  to  promoting
  representative  charter  revision commissions in cities of one million
  or more

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

  Section  1.  Section  36  of the municipal home rule law is amended by
adding a new subdivision 4-a to read as follows:
  4-A. THE PROVISIONS OF THIS SUBDIVISION APPLY TO CITIES OF ONE MILLION
OR MORE INHABITANTS. IN APPOINTING THE MEMBERS OF A COMMISSION  PURSUANT
TO SUBDIVISION FOUR OF THIS SECTION, THE MAYOR SHALL CHOOSE AT LEAST THE
FOLLOWING  MEMBERS NOMINATED BY LOCAL ELECTED OFFICIALS: ONE EACH BY THE
COMPTROLLER, BY THE PUBLIC  ADVOCATE,  AND  BY  THE  BOROUGH  PRESIDENTS
ACTING TOGETHER; AND ONE NOMINATED BY EACH OF THE BOROUGH DELEGATIONS TO
THE  CITY  COUNCIL. IN NOMINATING AND APPOINTING COMMISSION MEMBERS, THE
MAYOR AND LOCAL ELECTED OFFICIALS SHALL  CHOOSE  INDIVIDUALS  FOR  THEIR
INDEPENDENCE,  INTEGRITY,  AND  EXPERIENCE IN CITY GOVERNMENT AND IN THE
SECTORS OF THE CITY AFFECTED BY CITY GOVERNMENT.    NO  MEMBER  OF  SUCH
COMMISSION  MAY BE A CURRENT OFFICER OR EMPLOYEE OF THE CITY OR AN OFFI-
CER OF A POLITICAL PARTY OR A LOBBYIST REGISTERED WITH THE  CITY  OR  AN
EMPLOYEE  OF  SUCH  LOBBYIST,  NOR MAY MEMBERS MAKE CONTRIBUTIONS TO THE
CAMPAIGNS OF PERSONS HOLDING OR SEEKING PUBLIC OR PARTY ELECTED  OFFICES
OR  POSITIONS  OF  SUCH  CITY DURING THEIR TENURE AS MEMBERS. COMMISSION
MEMBERS AND  STAFF  SHALL  BE  SUBJECT  TO  THE  CONFLICTS  OF  INTEREST
PROVISIONS OF THE CHARTER OR OTHER APPLICABLE LOCAL LAWS OF SUCH A CITY.
IF  SUCH  A COMMISSION IS CREATED PURSUANT TO THIS SUBDIVISION AFTER THE
FIFTEENTH DAY OF FEBRUARY OF ANY YEAR, SUCH COMMISSION MAY NOT PLACE ANY
PROPOSALS ON THE BALLOT UNTIL THE SUBSEQUENT CALENDAR YEAR FOLLOWING ITS
CREATION, UNLESS SUCH PROPOSALS ARE APPROVED BY  THE  LOCAL  LEGISLATIVE
BODY  AT  LEAST  NINETY  DAYS  PRIOR  TO  THAT  YEAR'S GENERAL ELECTION.

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

                                                           LBD05037-10-0

S. 6892--B                          2

PROPOSALS FOR SPECIFIC  CHANGES  TO  THE  CHARTER  RECOMMENDED  BY  SUCH
COMMISSION SHALL, TO THE MAXIMUM EXTENT PRACTICABLE, BE SEPARATELY IDEN-
TIFIED ON THE BALLOT FOR SEPARATE VOTER CONSIDERATION.
  S  2.  Subdivision  4 of section 36 of the municipal home rule law, as
amended by chapter 592 of the laws  of  1964,  is  amended  to  read  as
follows:
  4.  A  charter  commission  to draft a new or revised city charter may
also be created by the mayor of any city. Such commission shall  consist
of  not  less  than nine nor more than fifteen members, EXCEPT THAT IN A
CITY WITH A POPULATION OF ONE MILLION OR  MORE,  SUCH  COMMISSION  SHALL
CONSIST  OF  NOT  LESS THAN NINE NOR MORE THAN SEVENTEEN MEMBERS, all of
whom shall be residents of the city. Original  appointments  to  such  a
commission  shall  be  made by the mayor by a certificate of appointment
which shall specify the number of, and names of, the members to  consti-
tute  [the]  SUCH commission, which certificate shall be filed forthwith
with the city clerk. The chairman, vice-chairman and secretary shall  be
appointed  by the mayor from among the members of [the] SUCH commission.
Any vacancy in the membership of such a commission or  of  its  officers
shall be filled by the mayor.
  S  3.  Paragraph  (d)  of subdivision 6 of section 36 of the municipal
home rule law, as amended by chapter 592 of the laws of 1964, is amended
to read as follows:
  (d) [No] EXCEPT AS PROVIDED IN SUBDIVISION FOUR-A OF THIS SECTION,  NO
person  shall be disqualified to serve as a member, employee or consult-
ant of the commission by reason of holding any other  public  office  or
employment, nor shall he forfeit any such office or employment by reason
of  his  appointment  hereunder,  notwithstanding  the provisions of any
general, special or local law, ordinance or city charter.
  S 4. This act shall take effect immediately, and shall  be  deemed  to
have  been  in  full  force and effect on and after January 1, 2010, and
shall apply to any charter revision commission coming into existence  on
or  after January 1, 2010; provided that any charter revision commission
that is in existence prior to January  1,  2010  and  which  is  not  in
compliance  with the provisions of this act is hereby terminated, and no
proposed new charter or amendment offered by such  commission  shall  be
put to vote nor take effect.

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