Bill Text: NY S05332 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes a local law adopted by a county, city or town and subject to referendum on petition shall not take effect until at least 60 days after its adoption.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LOCAL GOVERNMENT [S05332 Detail]
Download: New_York-2009-S05332-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5332 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. MORAHAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the municipal home rule law and the town law, in relation to adopting local laws and resolutions subject to referendum on petition THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph a of subdivision 1 of section 24 of the municipal 2 home rule law, as amended by chapter 271 of the laws of 1986, is amended 3 to read as follows: 4 a. A local law adopted by a county, city or town and subject to refer- 5 endum on petition as provided in this section or in any other state 6 statute, if not also subject to mandatory referendum, shall not take 7 effect until at least [forty-five] SIXTY days after its adoption; nor 8 until approved by the affirmative vote of a majority of the qualified 9 electors of the local government voting on a proposition for its 10 approval if within [forty-five] SIXTY days after its adoption there be 11 filed with the clerk a petition protesting against such local law, 12 signed and authenticated as herein required by qualified electors of 13 such local government, registered to vote therein at the last preceding 14 general election, in number equal to at least ten per centum of the 15 total number of votes cast for governor at the last gubernatorial 16 election in such local government. If such petition be so filed, a 17 proposition for the approval of such local law shall be submitted at the 18 next general election of state or local government officers held in such 19 local government not less than sixty days after the filing of such peti- 20 tion, unless the petition request and the legislative body adopt a local 21 law submitting such proposition at a special election held not less than 22 sixty days after the adoption of the local law providing for such 23 special election. The petition may be made upon separate sheets, and the 24 signatures to each sheet shall be signed and authenticated in the manner 25 provided by the election law for the signing and authentication of nomi- 26 nating petitions so far as applicable. The several sheets so signed and 27 authenticated, when fastened together and offered for filing, shall be EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02145-01-9 S. 5332 2 1 deemed to constitute one petition. The clerk shall examine each such 2 petition so filed with him and not later than thirty days after the date 3 of its filing, or forty-five days before the day of the election at 4 which such referendum would appear on the ballot, whichever is earlier, 5 shall transmit to the legislative body a certificate that he has exam- 6 ined it and has found that it complies or does not comply, as the case 7 may be, with all the requirements of law. If within five days after the 8 last day to file such certificate a written objection to the determi- 9 nation of the clerk be filed with the supreme court, or any justice 10 thereof, of a judicial district in which such local government or any 11 part thereof is located, such court or justice shall determine any ques- 12 tion arising thereunder and make such order as justice may require. Such 13 proceeding shall be heard and determined in the manner prescribed by 14 section 16-116 of the election law. 15 S 2. Section 91 of the town law, as amended by chapter 37 of the laws 16 of 2000, is amended to read as follows: 17 S 91. Referendum on petition. Any such resolution or act of the town 18 board as set forth in the preceding section shall not take effect until 19 [thirty] SIXTY days after its adoption; nor until approved by the affir- 20 mative vote of a majority of the qualified electors of such town or 21 district affected, voting on such proposition, if within [thirty] SIXTY 22 days after its adoption there be filed with the town clerk a petition 23 signed, and acknowledged or proved, or authenticated by electors of the 24 town qualified to vote upon a proposition to raise and expend money, in 25 number equal to at least five per centum of the total vote cast for 26 governor in said town at the last general election held for the election 27 of state officers, but which shall not be less than one hundred in a 28 town of the first class nor less than twenty-five in a town of the 29 second class, protesting against such act or resolution and requesting 30 that it be submitted to the qualified electors of the town or district 31 affected, for their approval or disapproval. If such petition be so 32 filed not more than seventy-five days nor less than sixty days prior to 33 a biennial town election, a proposition for the approval of such act or 34 resolution shall be submitted at such biennial town election. If a peti- 35 tion be so filed at any other time, a proposition for the approval of 36 such act or resolution shall be submitted at a special town election to 37 be held not less than sixty nor more than seventy-five days after the 38 filing of such petition. The petition may be made upon separate sheets 39 and the signatures to each sheet shall be authenticated in the manner 40 provided by the election law for the authentication of nominating 41 petitions. The several sheets so signed and authenticated when fastened 42 together and offered for filing shall be deemed to constitute one peti- 43 tion. If, within five days after the filing of such petition, a written 44 objection thereto be filed with the town clerk, and a verified petition 45 setting forth the objections be presented by the person so filing such 46 objections to the supreme court or any justice thereof of the judicial 47 district in which such town is located, such court or justice within 48 twenty days shall determine any question arising thereunder and make 49 such order as justice may require. Such proceeding shall be heard and 50 determined in the manner prescribed by section 16-116 of the election 51 law. 52 S 3. This act shall take effect on the first of September next 53 succeeding the date on which it shall have become a law and shall apply 54 to all local laws and resolutions adopted or approved on or after such 55 effective date.