Assembly Bill A8698

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

                                  8698

                          I N  A S S E M B L Y

                            January 12, 2016
                               ___________

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

AN ACT to amend the town law, in relation to the term of office for town
  office

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a) of subdivision 2 of section 11 of the town
law, as amended by chapter 738 of the laws of 1960, is amended  to  read
as follows:
  (a) Any town which shall have become a town of the first class, pursu-
ant to subdivision one of this section, shall elect at the biennial town
election immediately preceding the effective date of the change of clas-
sification,  the  following  town officers:   a supervisor, a town clerk
[and], a town superintendent of highways [for terms of two years  each,]
and a receiver of taxes and assessments for a term of four years, except
as otherwise provided by this chapter.
  S  2. Paragraph (a) of subdivision 4 of section 12 of the town law, as
added by chapter 85 of the laws of 1942, is amended to read as follows:
  (a) Any town which shall have determined, pursuant  to  either  method
specified  in  subdivision  one of this section, to become a town of the
first class, shall elect, at  the  biennial  town  election  immediately
preceding  the  effective  date  of  the  change  of classification, the
following town officers: EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, a
supervisor [for a term of two years, and, except as  otherwise  provided
herein],  a  town  clerk  [and],  a town superintendent of highways [for
terms of two years each] and a receiver of taxes and assessments  for  a
term of four years, EXCEPT AS OTHERWISE PROVIDED BY THIS CHAPTER.
  S  3. Subdivision 1 of section 20 of the town law is amended by adding
a new paragraph (q) to read as follows:
  (Q) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,  SPECIAL  OR  LOCAL
LAW  TO THE CONTRARY, THE TOWN BOARD OF ANY TOWN IN WHICH THE APPOINTIVE
OFFICE OF SUPERVISOR, TOWN CLERK, TOWN SUPERINTENDENT OF HIGHWAYS  OR  A
RECEIVER  OF  TAXES  AND  ASSESSMENTS  EXISTS, MAY ADOPT A RESOLUTION AT
LEAST ONE HUNDRED FIFTY  DAYS  PRIOR  TO  ANY  BIENNIAL  TOWN  ELECTION,

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

                                                           LBD13318-02-5

A. 8698                             2

SUBJECT  TO  PERMISSIVE REFERENDUM, THAT SUCH OFFICE SHALL BE FOR A TERM
OF TWO YEARS. EVERY ELECTOR OF THE TOWN SHALL BE ENTITLED TO VOTE AT ANY
REFERENDUM HELD THEREON PURSUANT TO THE PROVISIONS OF ARTICLE  SEVEN  OF
THIS CHAPTER. IF THE TOWN BOARD SHALL HAVE ADOPTED SUCH A RESOLUTION AND
NO  PETITION  SHALL HAVE BEEN FILED WITHIN THE TIME SPECIFIED IN ARTICLE
SEVEN OF THIS CHAPTER FOR A REFERENDUM THEREON, OR, IF A MAJORITY OF THE
VOTES CAST ON ANY SUCH PROPOSITION SUBMITTED PURSUANT TO THE  PROVISIONS
OF  ARTICLE  SEVEN  OF THIS CHAPTER BE IN THE AFFIRMATIVE, THE OFFICE OF
TOWN SUPERVISOR, TOWN  CLERK,  TOWN  SUPERINTENDENT  OF  HIGHWAYS  OR  A
RECEIVER  OF  TAXES AND ASSESSMENTS SHALL BE ELECTED FOR A PERIOD OF TWO
YEARS AT THE SUCCEEDING BIENNIAL TOWN ELECTION, AND BIENNIAL THEREAFTER.
  S 4. This act shall take effect immediately.