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SECTION 24
Local laws subject to referendum on petition
Municipal Home Rule (MHR) CHAPTER 36-A, ARTICLE 3
§ 24. Local laws subject to referendum on petition. 1. a. A local law
adopted by a county, city or town and subject to referendum on petition
as provided in this section or in any other state statute, if not also
subject to mandatory referendum, shall not take effect until at least
forty-five days after its adoption; nor until approved by the
affirmative vote of a majority of the qualified electors of the local
government voting on a proposition for its approval if within forty-five
days after its adoption there be filed with the clerk a petition
protesting against such local law, signed and authenticated as herein
required by qualified electors of such local government, registered to
vote therein at the last preceding general election, in number equal to
at least ten per centum of the total number of votes cast for governor
at the last gubernatorial election in such local government. If such
petition be so filed, a proposition for the approval of such local law
shall be submitted at the next general election of state or local
government officers held in such local government not less than sixty
days after the filing of such petition, unless the petition request and
the legislative body adopt a local law submitting such proposition at a
special election held not less than sixty days after the adoption of the
local law providing for such special election. The petition may be made
upon separate sheets, and the signatures to each sheet shall be signed
and authenticated in the manner provided by the election law for the
signing and authentication of nominating petitions so far as applicable.
The several sheets so signed and authenticated, when fastened together
and offered for filing, shall be deemed to constitute one petition. The
clerk shall examine each such petition so filed with him and not later
than thirty days after the date of its filing, or forty-five days before
the day of the election at which such referendum would appear on the
ballot, whichever is earlier, shall transmit to the legislative body a
certificate that he has examined it and has found that it complies or
does not comply, as the case may be, with all the requirements of law.
If within five days after the last day to file such certificate a
written objection to the determination of the clerk be filed with the
supreme court, or any justice thereof, of a judicial district in which
such local government or any part thereof is located, such court or
justice 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.

b. A local law adopted by a village and subject to a referendum on
petition as provided in this section or in any other state statute, if
not also subject to a mandatory referendum shall be conducted as a
permissive referendum as provided in article nine of the village law and
compliance with that article shall be deemed to be compliance with this
chapter for all purposes.

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

a. Dispenses with a provision of law requiring a public notice or
hearing as a condition precedent to official action.

b. Changes a provision of law relating to public bidding, purchases or
contracts.

c. Changes a provision of law relating to assessments of real property
or benefit assessments for local improvements.

d. Changes a provision of law relating to the exercise of the power of
condemnation.

e. Changes a provision of law relating to the authorization or
issuance of bonds or other obligations, except as provided in section
34.00 of the local finance law in the case of a city.

f. Changes a provision of law relating to the auditing of the accounts
of the local government.

g. Changes a provision of law relating to the alienation or leasing of
real property of the local government.

h. In the case of a city, town or village increases the salary of an
elective officer during his term of office or, in the case of a county,
increases the salary of an elective officer or of an officer appointed
for a fixed term, during his term of office, except where any such
increase by a county is made in accordance with a schedule providing
higher rates of compensation through additional increments of salary
based on time service, which schedule or applicable amendment thereof
was in existence prior to the commencement of such term of office.

i. In the case of a county, establishes a county general hospital
pursuant to the provisions of the general municipal law.

j. Is a local law relating to apportionment adopted pursuant to
subparagraph thirteen of paragraph a of subdivision one of section ten
of this chapter. Notwithstanding the provisions of subdivision one of
this section:

(1) A petition signed and authenticated in number equal to at least
five per centum of qualified voters as provided in subdivision one of
this section, or to fifteen thousand, whichever is less, shall be
sufficient to require the submission of a proposition or propositions
for the approval of such a local law or the principle elements
designated therein for separate submission, at a referendum in
accordance with such subdivision.

(2) The legislative body of the local government on its own motion may
adopt a resolution requiring that a proposition or propositions for the
approval of such a local law and the principle elements therein as shall
have been designated for separate submission, be submitted at a
referendum, in accordance with such subdivision, at the next general
election, or at a special election, held not less than sixty days after
the adoption of such resolution.

k. In the case of a village, creates or abolishes the office of
manager.