Assembly Bill A3665A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3665
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2025
                                ___________
 
 Introduced by M. of A. SIMONE -- read once and referred to the Committee
   on Cities
 
 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 of the municipal home rule law are REPEALED.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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01385-01-5
              

 A. 3665                             2
 
 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.