NY State Senate Bill 2015-S3293C

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2016	print number 3293c
Jun 02, 2016	amend and recommit to local government
Jan 06, 2016	referred to local government
Jun 03, 2015	print number 3293b
Jun 03, 2015	amend and recommit to local government
May 28, 2015	print number 3293a
May 28, 2015	amend and recommit to local government
Feb 04, 2015	referred to local government

Bill Amendments

Original

C (Active)

2015-S3293 - Details

See Assembly Version of this Bill:: A4200
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §§81, 91 & 85, Town L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1368, A1345
2019-2020: S4665, A3424
2021-2022: S3964, A7131
2023-2024: A2922

2015-S3293 - Summary

Relates to town elections and permissive referendums.

2015-S3293 - Sponsor Memo

2015-S3293 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3293

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the town law, in relation to town elections and  permis-
  sive referendums

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph and subdivision 4 of  section  81  of
the  town  law,  subdivision  4 as amended by chapter 434 of the laws of
1984, is amended to read as follows:
  The town board may,  upon its own motion, CAUSE TO BE SUBMITTED  AT  A
GENERAL  ELECTION, OR A SPECIAL OR BIENNIAL TOWN ELECTION and shall upon
a petition, as hereinafter provided, cause to be submitted at [a special
or biennial town] THE NEXT GENERAL election, a proposition:
  4. Such petition shall be subscribed and authenticated, in the  manner
provided  by  the  election  law  for  the  authentication of nominating
petitions, by electors of the town qualified to vote upon a  proposition
to  raise  and expend money, in number equal to at least five per centum
of the total votes cast for governor in said town at  the  last  general
election  held for the election of state officers, but such number 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. If such a petition be filed
in the office of the town clerk [not less than  sixty  days,  nor]  more
than seventy-five days, prior to [a biennial town] THE GENERAL election,
the  proposition shall be submitted at such [biennial] GENERAL election.
If a petition [be presented at any other time, a special election  shall
be  called  to  be held not less than sixty days, nor more than seventy-
five days after the filing of such petition] IS FILED IN THE  OFFICE  OF
THE TOWN CLERK LESS THAN SEVENTY-FIVE DAYS PRIOR TO THE GENERAL ELECTION
THEN  IT  SHALL  BE  SUBMITTED  AT THE GENERAL ELECTION IN THE FOLLOWING
YEAR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03432-01-5

S. 3293                             2

  S 2. Section 91 of the town law, as amended by chapter 37 of the  laws
of 2000, is amended to read as follows:
  S  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 days [nor less than sixty days] prior to [a bien-
nial  town] THE GENERAL election, a proposition for the approval of such
act or resolution shall be submitted at  such  [biennial  town]  GENERAL
election. If a petition be so filed [at any other time] LESS THAN SEVEN-
TY-FIVE  DAYS  PRIOR  TO  THE  GENERAL  ELECTION,  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 nor more than seventy-five  days
after the filing of such petition] THE GENERAL ELECTION IN THE FOLLOWING
YEAR.  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.
  S 3. Subdivision 2 of section 85 of the town law is amended to read as
follows:
  2. The ward system may be abolished upon the adoption of a proposition
therefor at [any special or biennial town] THE NEXT GENERAL election. At
the first biennial town election held at least one hundred  twenty  days
after  the  adoption  of  a  proposition  to abolish the ward system for
election of councilmen, the electors of the town shall elect one-half of
the total number of town councilmen for the term of two years  each  and
one-half  of  the  total  number of town councilmen for the term of four
years each. At each biennial town election held thereafter  there  shall
be  elected one-half of the total number of town councilmen for the term
of four years each. The terms of all such councilmen shall begin on  the
first day of January next succeeding the date of their election.
  S 4. This act shall take effect immediately.

2015-S3293A - Details

See Assembly Version of this Bill:: A4200
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §§81, 91 & 85, Town L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1368, A1345
2019-2020: S4665, A3424
2021-2022: S3964, A7131
2023-2024: A2922

2015-S3293A - Summary

Relates to town elections and permissive referendums.

2015-S3293A - Sponsor Memo

2015-S3293A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3293--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the town law, in relation to town elections and  permis-
  sive referendums

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph and subdivision 4 of  section  81  of
the  town  law,  subdivision  4 as amended by chapter 434 of the laws of
1984, is amended to read as follows:
  The town board may,  upon its own motion, CAUSE TO BE SUBMITTED  AT  A
GENERAL  ELECTION, OR A SPECIAL OR BIENNIAL TOWN ELECTION and shall upon
a petition, as hereinafter provided, cause to be submitted at [a special
or biennial town] THE NEXT GENERAL election, UNLESS SUCH PETITION STATES
THAT A SPECIAL ELECTION BE HELD a proposition:
  4. Such petition shall be subscribed and authenticated, in the  manner
provided  by  the  election  law  for  the  authentication of nominating
petitions, by electors of the town qualified to vote upon a  proposition
to  raise  and expend money, in number equal to at least five per centum
of the total votes cast for governor in said town at  the  last  general
election  held for the election of state officers, but such number 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. If such a petition be filed
in the office of the town clerk [not less than  sixty  days,  nor]  more
than seventy-five days, prior to [a biennial town] THE GENERAL election,
the  proposition shall be submitted at such [biennial] GENERAL election.
If a petition [be presented at any other time, a special election  shall
be  called  to  be held not less than sixty days, nor more than seventy-
five days after the filing of such petition] IS FILED IN THE  OFFICE  OF
THE TOWN CLERK LESS THAN SEVENTY-FIVE DAYS PRIOR TO THE GENERAL ELECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03432-03-5

S. 3293--A                          2

THEN  IT  SHALL  BE  SUBMITTED  AT THE GENERAL ELECTION IN THE FOLLOWING
YEAR. IF A PETITION STATES THAT A  SPECIAL  ELECTION  BE  HELD  ON  SUCH
PROPOSITION  THEN  IT  SHALL BE SUBMITTED AT A SPECIAL ELECTION HELD NOT
LESS  THAN  SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER THE FILING
OF SUCH PETITION.
  S 2. Section 91 of the town law, as amended by chapter 37 of the  laws
of 2000, is amended to read as follows:
  S  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 days [nor less than sixty days] prior to [a bien-
nial  town] THE GENERAL election, a proposition for the approval of such
act or resolution shall be submitted at  such  [biennial  town]  GENERAL
election. If a petition be so filed [at any other time] LESS THAN SEVEN-
TY-FIVE  DAYS  PRIOR  TO  THE  GENERAL  ELECTION,  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 nor more than seventy-five  days
after the filing of such petition] THE GENERAL ELECTION IN THE FOLLOWING
YEAR.  IF  A  PETITION  STATES  THAT  A SPECIAL ELECTION BE HELD ON SUCH
PROPOSITION THEN IT SHALL BE SUBMITTED AT A SPECIAL  ELECTION  HELD  NOT
LESS  THAN  SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER THE FILING
OF SUCH PETITION.  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, with-
in  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.
  S 3. Subdivision 2 of section 85 of the town law is amended to read as
follows:
  2. The ward system may be abolished upon the adoption of a proposition
therefor at [any special or biennial town] THE NEXT GENERAL election. At
the  first  biennial town election held at least one hundred twenty days
after the adoption of a proposition  to  abolish  the  ward  system  for
election of councilmen, the electors of the town shall elect one-half of
the  total  number of town councilmen for the term of two years each and
one-half of the total number of town councilmen for  the  term  of  four

S. 3293--A                          3

years  each.  At each biennial town election held thereafter there shall
be elected one-half of the total number of town councilmen for the  term
of  four years each. The terms of all such councilmen shall begin on the
first day of January next succeeding the date of their election.
  S 4. This act shall take effect immediately.

2015-S3293B - Details

See Assembly Version of this Bill:: A4200
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §§81, 91 & 85, Town L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1368, A1345
2019-2020: S4665, A3424
2021-2022: S3964, A7131
2023-2024: A2922

2015-S3293B - Summary

Relates to town elections and permissive referendums.

2015-S3293B - Sponsor Memo

2015-S3293B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3293--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the town law, in relation to town elections and permis-
  sive referendums

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  opening paragraph and subdivision 4 of section 81 of
the town law, subdivision 4 as amended by chapter 434  of  the  laws  of
1984, is amended to read as follows:
  The  town  board may,  upon its own motion, CAUSE TO BE SUBMITTED AT A
GENERAL ELECTION, OR A SPECIAL OR BIENNIAL TOWN ELECTION and shall  upon
a petition, as hereinafter provided, cause to be submitted at [a special
or biennial town] THE NEXT GENERAL election, UNLESS SUCH PETITION STATES
THAT A SPECIAL ELECTION BE HELD a proposition:
  4.  Such petition shall be subscribed and authenticated, in the manner
provided by the  election  law  for  the  authentication  of  nominating
petitions,  by electors of the town qualified to vote upon a proposition
to raise and expend money, in number equal to at least five  per  centum
of  the  total  votes cast for governor in said town at the last general
election held for the election of state officers, but such number  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. If such a petition  be  filed
in  the  office  of  the town clerk [not less than sixty days, nor] more
than seventy-five days, prior to [a biennial town] THE GENERAL election,
the proposition shall be submitted at such [biennial] GENERAL  election.
If  a petition [be presented at any other time, a special election shall
be called to be held not less than sixty days, nor  more  than  seventy-
five  days  after the filing of such petition] IS FILED IN THE OFFICE OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03432-05-5

S. 3293--B                          2

THE TOWN CLERK LESS THAN SEVENTY-FIVE DAYS PRIOR TO THE GENERAL ELECTION
THEN IT SHALL BE SUBMITTED AT THE  GENERAL  ELECTION  IN  THE  FOLLOWING
YEAR.  IF  A  PETITION  STATES  THAT  A SPECIAL ELECTION BE HELD ON SUCH
PROPOSITION  THEN  IT  SHALL BE SUBMITTED AT A SPECIAL ELECTION HELD NOT
LESS THAN SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER  THE  FILING
OF SUCH PETITION.
  S  2. Section 91 of the town law, as amended by chapter 37 of the laws
of 2000, is amended to read as follows:
  S 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 days [nor less than sixty days] prior to [a bien-
nial town] THE GENERAL election, a proposition for the approval of  such
act  or  resolution  shall  be submitted at such [biennial town] GENERAL
election. If a petition be so filed [at any other time] LESS THAN SEVEN-
TY-FIVE DAYS PRIOR TO  THE  GENERAL  ELECTION,  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 nor more than seventy-five days
after the filing of such petition] THE GENERAL ELECTION IN THE FOLLOWING
YEAR. IF A PETITION STATES THAT A  SPECIAL  ELECTION  BE  HELD  ON  SUCH
PROPOSITION  THEN  IT  SHALL BE SUBMITTED AT A SPECIAL ELECTION HELD NOT
LESS THAN SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER  THE  FILING
OF SUCH PETITION.  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, with-
in 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.
  S 3. Subdivision 2 of section 85 of the town law is amended to read as
follows:
  2. The ward system may be abolished upon the adoption of a proposition
therefor at [any special or biennial town] THE NEXT GENERAL election. At
the first biennial town election held at least one hundred  twenty  days
after  the  adoption  of  a  proposition  to abolish the ward system for
election of councilmen, the electors of the town shall elect one-half of
the total number of town councilmen for the term of two years  each  and

S. 3293--B                          3

one-half  of  the  total  number of town councilmen for the term of four
years each. At each biennial town election held thereafter  there  shall
be  elected one-half of the total number of town councilmen for the term
of  four years each. The terms of all such councilmen shall begin on the
first day of January next succeeding the date of their election.
  S 4. This act shall take effect on  the  first  day  of  January  next
succeeding the date upon which it shall have become a law.

2015-S3293C (ACTIVE) - Details

See Assembly Version of this Bill:: A4200
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §§81, 91 & 85, Town L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1368, A1345
2019-2020: S4665, A3424
2021-2022: S3964, A7131
2023-2024: A2922

2015-S3293C (ACTIVE) - Summary

Relates to town elections and permissive referendums.

2015-S3293C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3293C

 TITLE OF BILL :  An act to amend the town law, in relation to town
elections and permissive referendums

 PURPOSE OF THE BILL :

This bill will require town special elections initiated by a petition
to be held at the next general election unless specified and allow
town special elections by town board motions to be held on either a
general, special or biennial election.

 SUMMARY OF PROVISIONS :

Section one of the bill amends subdivision 4 of section 81 of the town
law as subdivision 4 is amended by chapter 434 of the laws of 1984 as
it relates to providing for the timing of town special elections.

Section two of the bill amends section 91 of the town law as amended
by chapter 37 of the laws of 200 as it relates to requiring permissive
referendums to be held at the next general election unless specified.

Section three of the bill amends subdivision 2 of section 85 of the
town law as it provides that propositions abolishing a ward system
shall be held at the next general election.

Section four of the bill is the effective date.

 JUSTIFICATION :

This bill will require that all ballot referendums initiated by
citizen petition are held at the next general election unless the
petition state that it be held at a special election.  These citizen
initiated measures are often contentious and opposed by the current
town government. By moving the referendum to November, the election
will be conducted by the county Board of Elections instead of the
town, saving taxpayer dollars, eliminating the appearance of
impropriety and utilizing regular election procedures.  It will also
increase citizen participation by holding it on a day when other
elections are occurring.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS FOR STATE :

None.

 EFFECTIVE DATE :
This act shall take effect on the first day of January next succeeding
the date upon which it shall have become law.

2015-S3293C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3293--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Local Government  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the town law, in relation to town elections and  permis-
  sive referendums

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph and subdivision 4 of  section  81  of
the  town  law,  subdivision  4 as amended by chapter 434 of the laws of
1984, is amended to read as follows:
  The town board may,  upon its own motion, CAUSE TO BE SUBMITTED  AT  A
GENERAL  ELECTION, OR A SPECIAL OR BIENNIAL TOWN ELECTION and shall upon
a petition, as hereinafter provided, cause to be submitted at [a special
or biennial town] THE NEXT GENERAL election, UNLESS SUCH PETITION STATES
THAT A SPECIAL ELECTION BE HELD a proposition:
  4. Such petition shall be subscribed and authenticated, in the  manner
provided  by  the  election  law  for  the  authentication of nominating
petitions, by electors of the town qualified to vote upon a  proposition
to  raise  and expend money, in number equal to at least five per centum
of the total votes cast for governor in said town at  the  last  general
election  held for the election of state officers, but such number 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. If such a petition be filed
in the office of the town clerk [not less than  sixty  days,  nor]  more
than seventy-five days, prior to [a biennial town] THE GENERAL election,
the  proposition shall be submitted at such [biennial] GENERAL election.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03432-07-6

S. 3293--C                          2

If a petition [be presented at any other time, a special election  shall
be  called  to  be held not less than sixty days, nor more than seventy-
five days after the filing of such petition] IS FILED IN THE  OFFICE  OF
THE TOWN CLERK LESS THAN SEVENTY-FIVE DAYS PRIOR TO THE GENERAL ELECTION
THEN  IT  SHALL  BE  SUBMITTED  AT THE GENERAL ELECTION IN THE FOLLOWING
YEAR. IF A PETITION STATES THAT A  SPECIAL  ELECTION  BE  HELD  ON  SUCH
PROPOSITION  THEN  IT  SHALL BE SUBMITTED AT A SPECIAL ELECTION HELD NOT
LESS THAN SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER  THE  FILING
OF SUCH PETITION. THE BOARD OF ELECTIONS OF A COUNTY MAY APPORTION COSTS
UNDER  THIS  SECTION, AS PROVIDED BY SUBDIVISION TWO OF SECTION 4-136 OF
THE ELECTION LAW.
  S 2. Section 91 of the town law, as amended by chapter 37 of the  laws
of 2000, is amended to read as follows:
  S  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 days [nor less than sixty days] prior to [a bien-
nial  town] THE GENERAL election, a proposition for the approval of such
act or resolution shall be submitted at  such  [biennial  town]  GENERAL
election. If a petition be so filed [at any other time] LESS THAN SEVEN-
TY-FIVE  DAYS  PRIOR  TO  THE  GENERAL  ELECTION,  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 nor more than seventy-five  days
after the filing of such petition] THE GENERAL ELECTION IN THE FOLLOWING
YEAR.  IF  A  PETITION  STATES  THAT  A SPECIAL ELECTION BE HELD ON SUCH
PROPOSITION THEN IT SHALL BE SUBMITTED AT A SPECIAL  ELECTION  HELD  NOT
LESS  THAN  SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER THE FILING
OF SUCH PETITION.  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, with-
in  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.
  S 3. Subdivision 2 of section 85 of the town law is amended to read as
follows:

S. 3293--C                          3

  2. The ward system may be abolished upon the adoption of a proposition
therefor at [any special or biennial town] THE NEXT GENERAL election. At
the  first  biennial town election held at least one hundred twenty days
after the adoption of a proposition  to  abolish  the  ward  system  for
election of councilmen, the electors of the town shall elect one-half of
the  total  number of town councilmen for the term of two years each and
one-half of the total number of town councilmen for  the  term  of  four
years  each.  At each biennial town election held thereafter there shall
be elected one-half of the total number of town councilmen for the  term
of  four years each. The terms of all such councilmen shall begin on the
first day of January next succeeding the date of their election.
  S 4. This act shall take effect on the first of January next  succeed-
ing the date upon which it shall have become a law.

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Senate Bill S3293C

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2015-S3293 - Details

2015-S3293 - Summary

2015-S3293 - Sponsor Memo

2015-S3293 - Bill Text download pdf

2015-S3293A - Details

2015-S3293A - Summary

2015-S3293A - Sponsor Memo

2015-S3293A - Bill Text download pdf

2015-S3293B - Details

2015-S3293B - Summary

2015-S3293B - Sponsor Memo

2015-S3293B - Bill Text download pdf

2015-S3293C (ACTIVE) - Details

2015-S3293C (ACTIVE) - Summary

2015-S3293C (ACTIVE) - Sponsor Memo

2015-S3293C (ACTIVE) - Bill Text download pdf

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Senate Bill S3293C

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2015-S3293 - Details

2015-S3293 - Summary

2015-S3293 - Sponsor Memo

2015-S3293 - Bill Text download pdf

2015-S3293A - Details

2015-S3293A - Summary

2015-S3293A - Sponsor Memo

2015-S3293A - Bill Text download pdf

2015-S3293B - Details

2015-S3293B - Summary

2015-S3293B - Sponsor Memo

2015-S3293B - Bill Text download pdf

2015-S3293C (ACTIVE) - Details

2015-S3293C (ACTIVE) - Summary

2015-S3293C (ACTIVE) - Sponsor Memo

2015-S3293C (ACTIVE) - Bill Text download pdf

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