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S07812 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 7812                                                 A. 10149
 
                SENATE - ASSEMBLY
 
                                      May 12, 2016
                                       ___________
 
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment
 
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Local Governments
 
        AN ACT to amend the town law and the village law, in relation to author-
          izing town boards and village  boards  to  submit  non-binding  public
          opinion advisory questions to the electors in certain cases
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The town law is amended by adding a new section 95 to  read
     2  as follows:
     3    §  95.  Non-binding  public opinion advisory question. Notwithstanding
     4  any provision of law to the contrary, any resolution, ordinance or local
     5  law adopted by the town board may be subject  to  a  non-binding  public
     6  opinion advisory question as provided by this section. Such question may
     7  be  placed  on  the  ballot for a town biennial election or town special
     8  election in the same manner as an act or resolution subject to a  refer-
     9  endum  on  petition  pursuant  to  section  ninety  of this article. The
    10  provisions of this article relating to permissive  referendum  shall  be
    11  applicable  to  the extent that they are applicable and not inconsistent
    12  with this section. The provisions of this section  shall  not  apply  to
    13  resolutions,  ordinances,  or local laws which are subject to permissive
    14  referendum or mandatory referendum pursuant to state law.
    15    § 2. The village law is amended by adding a new section 9-917 to  read
    16  as follows:
    17    § 9-917. Non-binding public opinion advisory question. Notwithstanding
    18  any provision of law to the contrary, any resolution, ordinance or local
    19  law  adopted by the village board may be subject to a non-binding public
    20  opinion advisory question as provided by this section. Such question may
    21  be placed on the ballot for an annual or special election  in  the  same
    22  manner  as  an  act  or  resolution  subject to a referendum on petition
    23  pursuant to section 9-900 of this article. The provisions of this  arti-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15318-02-6

        S. 7812                             2                           A. 10149
 
     1  cle  relating to permissive referendum shall be applicable to the extent
     2  that they are applicable and not inconsistent  with  this  section.  The
     3  provisions  of  this section shall not apply to resolutions, ordinances,
     4  or  local  laws  which are subject to permissive referendum or mandatory
     5  referendum pursuant to state law.
     6    § 3. This act shall take effect immediately.
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