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S08934 Summary:

BILL NOS08934
 
SAME ASNo Same As
 
SPONSORLIU
 
COSPNSR
 
MLTSPNSR
 
Amd §36, Munic Home R L
 
Provides that the continued existence of the charter commission and appointments to the commission is dependent on confirmation by the mayor who is in office on the first day of January of the following year; makes exception for certain mayors; provides for the repeal of certain provisions upon the expiration thereof.
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S08934 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8934
 
                    IN SENATE
 
                                    January 16, 2026
                                       ___________
 
        Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Cities 1
 
        AN ACT to amend the municipal home rule law, in relation to revision  of
          a  city  charter;  and to provide for the repeal of certain provisions
          upon the expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This act shall be known as the "Election-Related Require-
     2  ments for Initiating Charter Commissions (ERIC) Act".
     3    § 2. Subdivision 4 of section 36 of the municipal home  rule  law,  as
     4  amended  by  chapter  592  of  the  laws  of 1964, is amended to read as
     5  follows:
     6    4. (a) A charter commission to draft a new or revised city charter may
     7  also be created by the mayor of any city. Such commission shall  consist
     8  of  not  less than nine nor more than fifteen members, all of whom shall
     9  be residents of the city. Original appointments  to  such  a  commission
    10  shall  be  made by the mayor by a certificate of appointment which shall
    11  specify the number of, and names  of,  the  members  to  constitute  the
    12  commission,  which  certificate  shall  be filed forthwith with the city
    13  clerk. The [chairman, vice-chairman]  chair,  vice-chair  and  secretary
    14  shall  be  appointed  by the mayor from among the members of the commis-
    15  sion. Any vacancy in the membership of such a commission or of its offi-
    16  cers shall be filled by the mayor.
    17    (b) When a certificate of  appointment  is  filed  within  sixty  days
    18  before  or  after  the  date  of  a general election at which a mayor is
    19  elected, but before January first in the year following  such  election,
    20  the  continued  existence  of the charter commission and appointments to
    21  the commission shall be dependent on confirmation by the mayor in office
    22  on the first day of January of the following year within sixty  days  of
    23  the  start  of  the  calendar  year. Failure to obtain such confirmation
    24  within the sixty-day period shall cause the charter commission to expire
    25  and nullify all appointments to such commission as well as any  proposed
    26  revisions to the city charter or any new proposed charter.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14446-04-6

        S. 8934                             2
 
     1    (c)  In  the  event that a mayor first assumes office between November
     2  fourth, two thousand twenty-five and the effective date of paragraph (b)
     3  of this subdivision, the continued existence of the  charter  commission
     4  and  appointments to the commission as provided in paragraph (b) of this
     5  subdivision shall be dependent on confirmation by the mayor within sixty
     6  days of the effective date of paragraph (b) of this subdivision. Failure
     7  to  obtain such confirmation within the sixty-day period shall cause the
     8  charter commission to  expire  and  nullify  all  appointments  to  such
     9  commission  as well as any proposed revisions to the city charter or any
    10  new proposed charter.
    11    § 3. This act shall take effect immediately and  shall  be  deemed  to
    12  have  been  in  effect on and after November 4, 2025, and shall apply to
    13  any charter commission created for which a  certificate  of  appointment
    14  was  filed after November 4, 2025; provided, however, that paragraph (c)
    15  of subdivision 4 of section 36 of the municipal home  rule  law as added
    16  by section two of this act shall expire and be deemed repealed one  year
    17  after the effective date of this act.
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