BILL NUMBER: S6675

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the municipal home rule law, in relation to local laws
adopted by towns subject to referendum on petition

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to a local law adopted by a and subject to a referendum on peti-
tion.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends subdivision 1 of Section 24 of the Municipal Home Rule
Law to clarify that local laws subject to a permissive referendum may be
placed on the ballot on the motion of the Town Board.

Section 2. Severability Clause

Section 3. Effective date
              

 
JUSTIFICATION:

Prior to 1964, Town Boards exercised their legislative powers under the
Town Law. All legislative acts of Town Boards, subject to permissive
referendum or referendum on petition, could be put before the voters on
their own motion pursuant to Section 94 of the Town Law Similarly, when
suburban towns were given local law authority under the Town Law in
1962, they, too, could place local laws subject to permissive referendum
on the ballot on their own motion.

In 1964, the legislative powers of the towns were expanded. By the
enactment of the Municipal Home Rule Law, all towns were given the
authority to enact local laws.

The Municipal Home Rule is silent as to whether local laws subject to a
referendum on petition or permissive referendum may be put before the
voters on the motion of the Town Board. However, the MHRL does provide
that it should not be construed to abolish or curtail the powers previ-
ously conferred on the towns. It also does not repeal any existing
provision of law unless expressly so stated. The MHRL is to be liberally
construed.

This would lead to the conclusion that towns retained such authority,
since the MHRL did not repeal the previously granted authority of towns
to place on the ballot those legislative enactments subject to permis-
sive referendum or a referendum on petition. However, the silence of the
MHRL on this point has created confusion as to the authority of the
towns to place such enactments on the ballot.

It is noted that Section 34 of the MHRL provides express language
permitting villages to place such enactments on the ballot. It would be
illogical treat villages and towns differently.

This legislation would clarify the authority that towns have the author-
ity under the MHRL and Article 7 of the Town Law to place local laws
subject to referendum on petition on the ballot on their own motion by
enacting the same express provisions for towns as those that apply to
villages.

 
PRIOR LEGISLATIVE HISTORY:

2021: New legislation

 
FISCAL IMPLICATION:

None.

 
EFFECTIVE DATE:
Immediate.