Bill Text: NY S03293 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to town elections and permissive referendums.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-02 - PRINT NUMBER 3293C [S03293 Detail]

Download: New_York-2015-S03293-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3293--C
                               2015-2016 Regular Sessions
                    IN SENATE
                                    February 4, 2015
                                       ___________
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          recommitted to the Committee on Local Government  in  accordance  with
          Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the town law, in relation to town elections and  permis-
          sive referendums
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The opening paragraph and subdivision 4 of  section  81  of
     2  the  town  law,  subdivision  4 as amended by chapter 434 of the laws of
     3  1984, is amended to read as follows:
     4    The town board may,  upon its own motion, cause to be submitted  at  a
     5  general  election, or a special or biennial town election and shall upon
     6  a petition, as hereinafter provided, cause to be submitted at [a special
     7  or biennial town] the next general election, unless such petition states
     8  that a special election be held a proposition:
     9    4. Such petition shall be subscribed and authenticated, in the  manner
    10  provided  by  the  election  law  for  the  authentication of nominating
    11  petitions, by electors of the town qualified to vote upon a  proposition
    12  to  raise  and expend money, in number equal to at least five per centum
    13  of the total votes cast for governor in said town at  the  last  general
    14  election  held for the election of state officers, but such number shall
    15  not be less than one hundred in a town of the first class nor less  than
    16  twenty-five  in  a town of the second class. If such a petition be filed
    17  in the office of the town clerk [not less than  sixty  days,  nor]  more
    18  than seventy-five days, prior to [a biennial town] the general election,
    19  the  proposition shall be submitted at such [biennial] general election.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03432-07-6
        S. 3293--C                          2
     1  If a petition [be presented at any other time, a special election  shall
     2  be  called  to  be held not less than sixty days, nor more than seventy-
     3  five days after the filing of such petition] is filed in the  office  of
     4  the town clerk less than seventy-five days prior to the general election
     5  then  it  shall  be  submitted  at the general election in the following
     6  year. If a petition states that a  special  election  be  held  on  such
     7  proposition  then  it  shall be submitted at a special election held not
     8  less than sixty days, nor more than seventy-five days after  the  filing
     9  of such petition. The board of elections of a county may apportion costs
    10  under  this  section, as provided by subdivision two of section 4-136 of
    11  the election law.
    12    § 2. Section 91 of the town law, as amended by chapter 37 of the  laws
    13  of 2000, is amended to read as follows:
    14    §  91.  Referendum on petition. Any such resolution or act of the town
    15  board as set forth in the preceding section shall not take effect  until
    16  thirty  days  after  its adoption; nor until approved by the affirmative
    17  vote of a majority of the qualified electors of such  town  or  district
    18  affected,  voting  on  such proposition, if within thirty days after its
    19  adoption there be filed with the  town  clerk  a  petition  signed,  and
    20  acknowledged  or proved, or authenticated by electors of the town quali-
    21  fied to vote upon a proposition to raise and  expend  money,  in  number
    22  equal to at least five per centum of the total vote cast for governor in
    23  said  town  at  the last general election held for the election of state
    24  officers, but which shall not be less than one hundred in a town of  the
    25  first  class  nor  less  than twenty-five in a town of the second class,
    26  protesting against such act or resolution  and  requesting  that  it  be
    27  submitted  to  the  qualified electors of the town or district affected,
    28  for their approval or disapproval. If such petition be  so  filed  [not]
    29  more than seventy-five days [nor less than sixty days] prior to [a bien-
    30  nial  town] the general election, a proposition for the approval of such
    31  act or resolution shall be submitted at  such  [biennial  town]  general
    32  election. If a petition be so filed [at any other time] less than seven-
    33  ty-five  days  prior  to  the  general  election,  a proposition for the
    34  approval of such act or resolution shall be submitted at [a special town
    35  election to be held not less than sixty nor more than seventy-five  days
    36  after the filing of such petition] the general election in the following
    37  year.  If  a  petition  states  that  a special election be held on such
    38  proposition then it shall be submitted at a special  election  held  not
    39  less  than  sixty days, nor more than seventy-five days after the filing
    40  of such petition.  The petition may be made upon separate sheets and the
    41  signatures to each sheet shall be authenticated in the  manner  provided
    42  by  the election law for the authentication of nominating petitions. The
    43  several sheets so signed and authenticated when  fastened  together  and
    44  offered for filing shall be deemed to constitute one petition. If, with-
    45  in  five  days  after  the  filing of such petition, a written objection
    46  thereto be filed with the town clerk, and a  verified  petition  setting
    47  forth  the  objections  be  presented  by  the  person  so  filing  such
    48  objections to the supreme court or any justice thereof of  the  judicial
    49  district  in  which  such  town is located, such court or justice within
    50  twenty days shall determine any question  arising  thereunder  and  make
    51  such  order  as  justice may require. Such proceeding shall be heard and
    52  determined in the manner prescribed by section 16-116  of  the  election
    53  law.
    54    § 3. Subdivision 2 of section 85 of the town law is amended to read as
    55  follows:
        S. 3293--C                          3
     1    2. The ward system may be abolished upon the adoption of a proposition
     2  therefor at [any special or biennial town] the next general election. At
     3  the  first  biennial town election held at least one hundred twenty days
     4  after the adoption of a proposition  to  abolish  the  ward  system  for
     5  election of councilmen, the electors of the town shall elect one-half of
     6  the  total  number of town councilmen for the term of two years each and
     7  one-half of the total number of town councilmen for  the  term  of  four
     8  years  each.  At each biennial town election held thereafter there shall
     9  be elected one-half of the total number of town councilmen for the  term
    10  of  four years each. The terms of all such councilmen shall begin on the
    11  first day of January next succeeding the date of their election.
    12    § 4. This act shall take effect on the first of January next  succeed-
    13  ing the date upon which it shall have become a law.