A6019  Gottfried (MS)     Same as S7110.

TITLE….Repeals certain provisions regarding adoption of new or revised city charter proposed by charter commission which limit submission of questions to city’s electors
02/24/09     referred to cities
04/28/09     reported
04/30/09     advanced to third reading cal.472
05/04/09     passed assembly
05/04/09     delivered to senate
05/04/09     REFERRED TO CITIES
01/06/10     DIED IN SENATE
01/06/10     RETURNED TO ASSEMBLY
01/06/10     ordered to third reading cal.419
03/10/10     passed assembly
03/10/10     delivered to senate
03/10/10     REFERRED TO CITIES

SUMMARY:

GOTTFRIED, FARRELL, ESPAILLAT, GLICK, CLARK, DINOWITZ, MILLMAN, HIKIND, COLTON; M-S: Brennan, Cook, Jacobs, McEneny, Pheffer, Scarborough
Rpld S36 sub (5) PP(e), (f) & (g), Munic Home R L
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.

BILL TEXT:

6019    2009-2010 Regular Sessions   IN ASSEMBLY   February 24, 2009
___________

Introduced  by  M.  of  A.  GOTTFRIED, FARRELL, ESPAILLAT, GLICK, CLARK, GREENE, DINOWITZ, MILLMAN, HIKIND, COLTON — Multi-Sponsored by –  M. of  A.  BRENNAN,  COOK,  JACOBS, McENENY, PHEFFER, SCARBOROUGH — read once and referred to the Committee on Cities

AN ACT 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

The People of the State of New York, represented in Senate and  Assembly, do enact as follows:

1     Section  1. Paragraphs (e), (f) and (g) of subdivision 5 of section 36
2            of the municipal home rule law are REPEALED.
3    § 2. 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NOTE.–Paragraphs (e), (f) and (g) of subdivision 5 of  section 36  of  the  municipal home rule law proposed to be repealed by this act provides limitations including prohibition on submission by  local  law, ordinance,  resolution  or petition of a question to the qualified electors of a city when any question is submitted by a charter commission.

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

SPONSORS MEMO:

BILL NUMBER: A6019
SPONSOR: Gottfried (MS)

TITLE OF BILL:  An act 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:  This bill would delete the “bumping” provision from the Municipal Home Rule Law, which provides that whenever a city charter revision commission puts any proposal on the local ballot, all other local referendum proposals are barred from the ballot.

JUSTIFICATION: In 1998, the New York City Council proposed a referendum on a city charter amendment relating to Yankee Stadium. In response, Mayor Giuliani took advantage of the “bumping” provision in the Municipal Home Rule Law, to prevent the City Council from placing referenda on the ballot that year. Using his power unilaterally, 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.

PRIOR LEGISLATIVE HISTORY:
1999-00 A.7670 - referred to Cities Committee
2001-02: A.8914 - referred to Cities Committee
2003-04: A.5585 - referred to Cities Committee
2005: A.4117 - reported to Rules Committee
2006: A.4117 - advanced to 3rd reading
2007: A.5504 - advanced to 3rd reading; 2008: A.5504 - passed Assembly

FISCAL IMPLICATIONS: None               EFFECTIVE DATE: Immediately.

In the meantime, sign up on the bottom right, and think of three NYC voters you can get a signature from, each solid enough to go on to collect three of their own the following week.

Each of the 30,000+ signatures collected in 2008 remain valid until the signer is no longer a registered voter in New York City.

Whether the validity of the signatures was ultimately not contested because the city was confident the measure would be blocked based on its content, I don’t know.  Given NYCCAN’s demonstrated tunnel-vision, a grain of salt is needed, but still..

Also not appearing on the ballot will be…Bloomberg’s threatened revisions which have quietly disappeared never having been specified, the unreachable deputy mayor once responsible for their formulation dropping any mention of them from her title, the threat having, except in NYCCAN’s case, achieved its goal.  Sigh.

The only questions on the ballot will be two state constitutional revisions placed on the ballot by the legislature.  Kind of quaint how the people create the government, but then changes to it can only come from those they hire to run it, huh?  Even when we next get the option to call a constitutional convention in 2017, it’ll be through delegates elected from state senate districts, and everything will be on the table, not just whatever changes we might want.

I’ll be making an informal presentation soliciting feedback at this fine Meetup group’s next get-together.

We’re getting together for a planning talk on Monday at 8pm.  Just get in touch if you’d like to join.