S T A T E O F N E W Y O R K
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S. 7812 A. 10149
S E N A T E - A S S E M B L Y
May 12, 2016
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Local Governments
AN ACT to amend the town law and the village law, in relation to author-
izing town boards and village boards to submit non-binding public
opinion advisory questions to the electors in certain cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The town law is amended by adding a new section 95 to read
as follows:
S 95. NON-BINDING PUBLIC OPINION ADVISORY QUESTION. NOTWITHSTANDING
ANY PROVISION OF LAW TO THE CONTRARY, ANY RESOLUTION, ORDINANCE OR LOCAL
LAW ADOPTED BY THE TOWN BOARD MAY BE SUBJECT TO A NON-BINDING PUBLIC
OPINION ADVISORY QUESTION AS PROVIDED BY THIS SECTION. SUCH QUESTION MAY
BE PLACED ON THE BALLOT FOR A TOWN BIENNIAL ELECTION OR TOWN SPECIAL
ELECTION IN THE SAME MANNER AS AN ACT OR RESOLUTION SUBJECT TO A REFER-
ENDUM ON PETITION PURSUANT TO SECTION NINETY OF THIS ARTICLE. THE
PROVISIONS OF THIS ARTICLE RELATING TO PERMISSIVE REFERENDUM SHALL BE
APPLICABLE TO THE EXTENT THAT THEY ARE APPLICABLE AND NOT INCONSISTENT
WITH THIS SECTION. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
RESOLUTIONS, ORDINANCES, OR LOCAL LAWS WHICH ARE SUBJECT TO PERMISSIVE
REFERENDUM OR MANDATORY REFERENDUM PURSUANT TO STATE LAW.
S 2. The village law is amended by adding a new section 9-917 to read
as follows:
S 9-917. NON-BINDING PUBLIC OPINION ADVISORY QUESTION. NOTWITHSTANDING
ANY PROVISION OF LAW TO THE CONTRARY, ANY RESOLUTION, ORDINANCE OR LOCAL
LAW ADOPTED BY THE VILLAGE BOARD MAY BE SUBJECT TO A NON-BINDING PUBLIC
OPINION ADVISORY QUESTION AS PROVIDED BY THIS SECTION. SUCH QUESTION MAY
BE PLACED ON THE BALLOT FOR AN ANNUAL OR SPECIAL ELECTION IN THE SAME
MANNER AS AN ACT OR RESOLUTION SUBJECT TO A REFERENDUM ON PETITION
PURSUANT TO SECTION 9-900 OF THIS ARTICLE. THE PROVISIONS OF THIS ARTI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15318-02-6
S. 7812 2 A. 10149
CLE RELATING TO PERMISSIVE REFERENDUM SHALL BE APPLICABLE TO THE EXTENT
THAT THEY ARE APPLICABLE AND NOT INCONSISTENT WITH THIS SECTION. THE
PROVISIONS OF THIS SECTION SHALL NOT APPLY TO RESOLUTIONS, ORDINANCES,
OR LOCAL LAWS WHICH ARE SUBJECT TO PERMISSIVE REFERENDUM OR MANDATORY
REFERENDUM PURSUANT TO STATE LAW.
S 3. This act shall take effect immediately.