S T A T E   O F   N E W   Y O R K
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                                  1633

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Local Governments

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:

  Section 1. Paragraph a of subdivision 1 of section 24 of the municipal
home rule law, as amended by chapter 271 of the laws of 1986, is amended
to read as follows:
  a. A local law adopted by a county, city or town and subject to refer-
endum  on  petition  as  provided  in this section or in any other state
statute, if not also subject to mandatory  referendum,  shall  not  take
effect  until  at  least [forty-five] SIXTY days after its adoption; nor
until approved by the affirmative vote of a majority  of  the  qualified
electors  of  the  local  government  voting  on  a  proposition for its
approval if within [forty-five] SIXTY days after its adoption  there  be
filed  with  the  clerk  a  petition  protesting against such local law,
signed and authenticated as herein required  by  qualified  electors  of
such  local government, registered to vote therein at the last preceding
general election, in number equal to at least  ten  per  centum  of  the
total  number  of  votes  cast  for  governor  at the last gubernatorial
election in such local government. If  such  petition  be  so  filed,  a
proposition for the approval of such local law shall be submitted at the
next general election of state or local government officers held in such
local government not less than sixty days after the filing of such peti-
tion, unless the petition request and the legislative body adopt a local
law submitting such proposition at a special election held not less than
sixty  days  after  the  adoption  of  the  local law providing for such
special election. The petition may be made upon separate sheets, and the

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

                                                           LBD02145-01-9

A. 1633                             2

signatures to each sheet shall be signed and authenticated in the manner
provided by the election law for the signing and authentication of nomi-
nating petitions so far as applicable. The several sheets so signed  and
authenticated,  when  fastened together and offered for filing, shall be
deemed to constitute one petition. The clerk  shall  examine  each  such
petition so filed with him and not later than thirty days after the date
of  its  filing,  or  forty-five  days before the day of the election at
which such referendum would appear on the ballot, whichever is  earlier,
shall  transmit  to the legislative body a certificate that he has exam-
ined it and has found that it complies or does not comply, as  the  case
may be, with all the requirements of law.  If within five days after the
last  day  to  file such certificate a written objection to the determi-
nation of the clerk be filed with the  supreme  court,  or  any  justice
thereof,  of  a  judicial district in which such local government or any
part thereof is located, such court or justice shall determine any ques-
tion arising thereunder and make such order as justice may require. Such
proceeding shall be heard and determined in  the  manner  prescribed  by
section 16-116 of the election law.
  S  2. Section 91 of the town law, as amended by chapter 37 of the laws
of 2000, is amended to read as follows:
  S 91. Referendum on petition. Any such resolution or act of  the  town
board  as set forth in the preceding section shall not take effect until
[thirty] SIXTY days after its adoption; nor until approved by the affir-
mative vote of a majority of the qualified  electors  of  such  town  or
district  affected, voting on such proposition, if within [thirty] SIXTY
days after its adoption there be filed with the town  clerk  a  petition
signed,  and acknowledged or proved, or authenticated by electors of the
town qualified to vote upon a proposition to raise and expend money,  in
number  equal  to  at  least  five per centum of the total vote cast for
governor in said town at the last general election held for the election
of state officers, but which shall not be less than  one  hundred  in  a
town  of  the  first  class  nor  less than twenty-five in a town of the
second class, protesting against such act or resolution  and  requesting
that  it  be submitted to the qualified electors of the town or district
affected, for their approval or disapproval.  If  such  petition  be  so
filed  not more than seventy-five days nor less than sixty days prior to
a biennial town election, a proposition for the approval of such act  or
resolution shall be submitted at such biennial town election. If a peti-
tion  be  so  filed at any other time, a proposition for the approval of
such act or resolution shall be submitted at a special town election  to
be  held  not  less than sixty nor more than seventy-five days after the
filing of such petition. The petition may be made upon  separate  sheets
and  the  signatures  to each sheet shall be authenticated in the manner
provided by the  election  law  for  the  authentication  of  nominating
petitions.  The several sheets so signed and authenticated when fastened
together and offered for filing shall be deemed to constitute one  peti-
tion.  If, within five days after the filing of such petition, a written
objection thereto be filed with the town clerk, and a verified  petition
setting  forth  the objections be presented by the person so filing such
objections to the supreme court or any justice thereof of  the  judicial
district  in  which  such  town is located, such court or justice within
twenty days shall determine any question  arising  thereunder  and  make
such  order  as  justice may require. Such proceeding shall be heard and
determined in the manner prescribed by section 16-116  of  the  election
law.

A. 1633                             3

  S  3.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law and shall  apply
to  all  local laws and resolutions adopted or approved on or after such
effective date.