Senate Bill S5332

                            
                    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:

  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
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

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02145-01-9

S. 5332                             2

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.
  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.