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.