Bill Text: NY S08763 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to changing certain filing and submission date requirements for petitions brought before a town board.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-07-29 - signed chap.128 [S08763 Detail]

Download: New_York-2019-S08763-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8763--A

                    IN SENATE

                                      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:

     1    Section 1. Section 91 of the town law, as amended by chapter 37 of the
     2  laws of 2000, is amended to read as follows:
     3    §  91.  Referendum on petition. Any such resolution or act of the town
     4  board as set forth in the preceding section shall not take effect  until
     5  thirty  days  after  its adoption; nor until approved by the affirmative
     6  vote of a majority of the qualified electors of such  town  or  district
     7  affected,  voting  on  such proposition, if within thirty days after its
     8  adoption there be filed with the  town  clerk  a  petition  signed,  and
     9  acknowledged  or proved, or authenticated by electors of the town quali-
    10  fied to vote upon a proposition to raise and  expend  money,  in  number
    11  equal to at least five per centum of the total vote cast for governor in
    12  said  town  at  the last general election held for the election of state
    13  officers, but which shall not be less than one hundred in a town of  the
    14  first  class  nor  less  than twenty-five in a town of the second class,
    15  protesting against such act or resolution  and  requesting  that  it  be
    16  submitted  to  the  qualified electors of the town or district affected,
    17  for their approval or disapproval. If such petition be so filed not more
    18  than [seventy-five] one hundred five days nor less than  [sixty]  ninety
    19  days  prior  to a biennial town election, a proposition for the approval
    20  of such act or resolution shall  be  submitted  at  such  biennial  town
    21  election. If a petition be so filed at any other time, a proposition for
    22  the  approval  of such act or resolution shall be submitted at a special
    23  town election to be held not less than  [sixty]  ninety  nor  more  than
    24  [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

     1  The petition may be made upon separate sheets and the signatures to each
     2  sheet shall be authenticated in the manner provided by the election  law
     3  for  the  authentication  of nominating petitions. The several sheets so
     4  signed  and  authenticated when fastened together and offered for filing
     5  shall be deemed to constitute one petition. If, within five  days  after
     6  the  filing  of such petition, a written objection thereto be filed with
     7  the town clerk, and a verified petition setting forth the objections  be
     8  presented  by  the person so filing such objections to the supreme court
     9  or any justice thereof of the judicial district in which  such  town  is
    10  located,  such  court  or justice within twenty days shall determine any
    11  question arising thereunder and make such order as justice may  require.
    12  Such  proceeding  shall be heard and determined in the manner prescribed
    13  by section 16-116 of the election law.
    14    § 2. This act shall take effect immediately;  provided,  however,  for
    15  referenda  required  pursuant  to article 12-A of the town law, this act
    16  shall apply beginning on the  first  of  January  next  succeeding  such
    17  effective date.