S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8763--A
 
                             I N  S E N A T E
 
                               July 14, 2020
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged  and  said bill committed to the Committee on Local Govern-
   ment -- reported favorably from said committee and  committed  to  the
   Committee  on  Rules  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the town law, in relation to changing certain filing and
   submission date requirements for petitions brought before a town board
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 91 of the town law, as amended by chapter 37 of the
 laws of 2000, is amended to read as follows:
   §  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  days  after  its adoption; nor until approved by the affirmative
 vote of a majority of the qualified electors of such  town  or  district
 affected,  voting  on  such proposition, if within thirty 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 quali-
 fied 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] ONE HUNDRED FIVE days nor less than  [sixty]  NINETY
 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 petition 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]  NINETY  nor  more  than
 [seventy-five]  ONE HUNDRED FIVE days after the filing of such petition.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16854-07-0

 S. 8763--A                          2
 
 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 petition. 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.
   § 2. This act shall take effect immediately;  provided,  however,  for
 referenda  required  pursuant  to article 12-A of the town law, this act
 shall apply beginning on the  first  of  January  next  succeeding  such
 effective date.