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This entry was published on 2014-09-22
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SECTION 23
Local laws subject to mandatory referendum
Municipal Home Rule (MHR) CHAPTER 36-A, ARTICLE 3
§ 23. Local laws subject to mandatory referendum. 1. A local law
subject to mandatory referendum as provided in this section or in any
other state statute, shall be submitted for the approval of the electors
at a general election of state or local government officers in such
local government held not less than sixty days after the adoption
thereof unless such local law provides for its submission for approval
of the electors at a special election or unless, within thirty days
after the adoption of such local law, a petition signed, authenticated
and subject to certification by the clerk as provided for other
petitions in section twenty-four of this chapter is filed with such
clerk requesting its submission at a special election. If the local law
so provides or if a valid petition is so filed requesting the submission
of the local law at a special election, it shall be submitted at such a
special election held in such local government not less than sixty days
after the adoption of the local law, the date for which special election
shall be fixed by the legislative body. In either case such local law
shall become operative as prescribed therein only if approved at such
election by the affirmative vote of a majority of the qualified electors
of such local government voting upon the proposition.

2. Except as otherwise provided by or under authority of a state
statute, a local law shall be subject to mandatory referendum if it:

a. In the case of a city, provides a new charter for such city.

b. In the case of a city, town or village, changes the membership or
composition of the legislative body or increases or decreases the number
of votes which any member is entitled to cast.

c. Changes the veto power of the elective chief executive officer.

d. Changes the law of succession to the office of the chief executive
officer of a county elected on a county-wide basis or if there be none
the chairman of the board of supervisors, the mayor of a city or village
or the supervisor of a town.

e. Abolishes an elective office, or changes the method of nominating,
electing or removing an elective officer, or changes the term of an
elective office, or reduces the salary of an elective officer during his
term of office.

f. Abolishes, transfers or curtails any power of an elective officer.

g. Creates a new elective office.

h. In the case of a city, changes the boundaries of wards, or other
districts, from which members of the county board of supervisors, chosen
as such in such city to represent the city, are elected.

i. Changes a provision of law relating to public utility franchises.

j. In the case of a city, reduces the salary or compensation of a city
officer or employee, increases his hours of employment or changes his
working conditions if such salary, compensation, hours or conditions
have been fixed by a state statute and approved by the vote of the
qualified electors of the city. No provision effecting such reductions,
increases or changes contained in any local law or proposed new charter
shall become effective unless the definite question with respect to such
reductions, increases or changes shall be submitted separately from any
provisions not relating to such reductions, increases or changes and
approved by the affirmative vote of a majority of the qualified electors
voting thereon.

k. In the case of a city, changes a provision of law relating to the
membership or terms of office of the civil service commission of the
city.