S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4773
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred to the Committee
   on Local Governments
 
 AN ACT to amend the town law, in relation to providing guidance for  the
   legality  of  a  local  law,  ordinance,  rule or regulation of a town
   relating to the regulations of vessels

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 17 of section 130 of the town law is amended by
 adding a new paragraph 3 to read as follows:
   (3)  WHENEVER THE LEGALITY OF A PROPOSED LOCAL LAW, ORDINANCE, RULE OR
 REGULATION OF A TOWN IS BROUGHT INTO ISSUE BY THE LEGISLATIVE BODY OF  A
 CITY  OR THE BOARD OF TRUSTEES OF A VILLAGE, AND SUCH ISSUE CONCERNS THE
 RIGHTS OF A CITY OR VILLAGE  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION
 FORTY-SIX-A  OF  THE NAVIGATION LAW, THE TOWN SHALL SEEK AN OPINION FROM
 THE ATTORNEY GENERAL PRIOR TO THE ADOPTION OF THE LOCAL LAW,  ORDINANCE,
 RULE  OR REGULATION. A CITY OR VILLAGE MAY PUT A TOWN ON NOTICE OF THEIR
 CONCERNS RELATING TO THE LEGALITY OF A PROPOSED  LOCAL  LAW,  ORDINANCE,
 RULE  OR  REGULATION  AS IT RELATES TO SUBDIVISION ONE OF SECTION FORTY-
 SIX-A OF THE NAVIGATION LAW BY SENDING THE  TOWN  NOTICE  VIA  CERTIFIED
 MAIL,  OR  HAND  DELIVERING SUCH NOTICE TO THE OFFICE OF THE TOWN CLERK,
 PRIOR TO THE ADOPTION OF SUCH LOCAL LAW, ORDINANCE, RULE OR  REGULATION.
 THE  OPINION OF THE ATTORNEY GENERAL, IF ISSUED, SHALL NOT BE BINDING ON
 THE TOWN, BUT SHALL BE USED FOR ADVISORY  PURPOSES.  IF  NO  OPINION  IS
 ISSUED BY THE ATTORNEY GENERAL WITHIN SIXTY DAYS OF THE REQUEST FOR SUCH
 OPINION  BY  A TOWN, THEN SUCH TOWN MAY PROCEED WITH THEIR CONSIDERATION
 OF SUCH LOCAL LAW, ORDINANCE, RULE OR REGULATION,  UNLESS  THE  ATTORNEY
 GENERAL  REQUESTS  A  REASONABLE AMOUNT OF ADDITIONAL TIME TO REVIEW THE
 LEGALITY OF THE PROPOSAL. A TOWN SHALL NOT NEED TO  REQUEST  AN  OPINION
 FROM  THE  ATTORNEY  GENERAL IF THE IMPACTED VILLAGE OR CITY CONSENTS TO
 THE ADOPTION OF THE PROPOSED LOCAL LAW, ORDINANCE, RULE  OR  REGULATION.
 NOTHING  IN THIS SECTION SHALL PREVENT A VILLAGE OR CITY FROM PROCEEDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03817-01-1

 A. 4773                             2
 
 WITH A CIVIL CAUSE OF ACTION AGAINST A TOWN IN RELATION TO THE RIGHTS OF
 THE VILLAGE OR CITY PURSUANT TO SUBDIVISION ONE OF  SECTION  FORTY-SIX-A
 OF THE NAVIGATION LAW. NOTHING IN THIS SECTION SHALL PROVIDE IMPUNITY TO
 A  TOWN  WHICH  IS  FOUND  BY A COURT OF COMPETENT JURISDICTION TO BE IN
 VIOLATION OF SUBDIVISION ONE OF SECTION FORTY-SIX-A  OF  THE  NAVIGATION
 LAW.
   § 2. This act shall take effect immediately.