S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1432
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 10, 2011
                                      ___________
       Introduced  by  M.  of A. BRENNAN, BENEDETTO, CRESPO, DenDEKKER, CASTRO,
         GLICK,  JEFFRIES,  GIBSON,  BARRON,  PERRY,  M. MILLER,  ROSENTHAL  --
         Multi-Sponsored  by  --  M.  of  A.   COLTON, GOTTFRIED, MAISEL, MENG,
         ORTIZ, PHEFFER -- read once and referred to the Committee on Cities
       AN ACT to amend the municipal home rule  law,  in  relation  to  charter
         revision commissions
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 36 of the municipal home rule  law  is  amended  by
    2  adding a new subdivision 4-a to read as follows:
    3    4-A.    IF  A COMMISSION IS CREATED PURSUANT TO THIS SECTION AFTER THE
    4  FIFTEENTH DAY OF FEBRUARY OF ANY YEAR, SUCH COMMISSION MAY NOT PLACE ANY
    5  PROPOSALS ON THE BALLOT UNTIL THE SUBSEQUENT CALENDAR YEAR FOLLOWING ITS
    6  CREATION; PROVIDED, THAT SUCH COMMISSION, WITH APPROVAL OF THE  LEGISLA-
    7  TIVE  BODY,  MAY  PLACE  A  PROPOSAL  ON  THE  BALLOT IN THE YEAR IT WAS
    8  CREATED, REGARDLESS OF THE DATE SUCH COMMISSION WAS  CREATED.  PRIOR  TO
    9  THE  CONSIDERATION  OF  ANY PROPOSALS BY THE COMMISSION, SUCH COMMISSION
   10  SHALL HOLD ONE OR MORE PUBLIC HEARINGS IN ORDER TO ACQUIRE PUBLIC  OPIN-
   11  ION REGARDING WHAT REVISIONS SHOULD BE CONSIDERED AS PROPOSED CHANGES TO
   12  THE CHARTER. FOLLOWING A DETERMINATION BY THE COMMISSION REGARDING WHICH
   13  PROPOSED  CHANGES  SHALL  BE  PLACED  ON THE BALLOT FOR CONSIDERATION BY
   14  ELECTORS, SUCH COMMISSION SHALL HOLD ONE  OR  MORE  PUBLIC  HEARINGS  IN
   15  ORDER  TO ACQUIRE PUBLIC OPINION REGARDING SUCH PROPOSALS. PROPOSALS FOR
   16  SPECIFIC CHANGES TO THE CHARTER RECOMMENDED BY SUCH COMMISSION SHALL, TO
   17  THE MAXIMUM EXTENT PRACTICABLE, BE SEPARATELY IDENTIFIED ON  THE  BALLOT
   18  FOR SEPARATE VOTER CONSIDERATION.
   19    S  2.  This  act shall take effect immediately, and shall be deemed to
   20  have been in full force and effect on and after  January  1,  2011,  and
   21  shall  apply to any charter revision commission coming into existence on
   22  or after January 1, 2011; provided that any charter revision  commission
   23  that  is  in  existence  prior  to  January  1, 2011 and which is not in
   24  compliance with the provisions of this act is hereby terminated, and  no
   25  proposed  new  charter  or amendment offered by such commission shall be
   26  put to vote nor take effect.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05440-01-1