New York State Assembly

 
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A10783 Summary:

A10783 Actions:

A10783 Committee Votes:

Committee:LOCAL GOVERNMENTS   Chair:Thiele      
DATE:07/16/2020AYE/NAY:19/0  Action: Favorable refer to committee Rules        
Thiele
Aye
Schmitt
Aye
Ramos
Aye
Friend
Aye
Buchwald
Aye
Stec
Aye
Otis
Aye
Brabenec
Excused
Woerner
Aye
Tague
Aye
Wallace
Aye
McDonald
Aye
D'Urso
Aye
Jacobson
Aye
Darling
Aye
Burke
Aye
McMahon
Aye
Magnarelli
Aye
Cahill
Aye
Lavine
Aye

Committee:RULES   Chair:Heastie      
DATE:07/21/2020AYE/NAY:26/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Nolan
Aye
Hawley
Aye
Weinstein
Aye
Giglio
Aye
Ortiz
Excused
Malliotakis
Aye
Pretlow
Aye
Blankenbush
Aye
Cook
Excused
Norris
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye

A10783 Floor Votes:

A10783 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10783--A
 
                   IN ASSEMBLY
 
                                      July 10, 2020
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Zebrowski)
          -- read once and referred to the Committee  on  Local  Governments  --
          reported   and  referred  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.
    25  The petition may be made upon separate sheets and the signatures to each
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16854-06-0
        A. 10783--A                         2
 
     1  sheet shall be authenticated in the manner provided by the election  law
     2  for  the  authentication  of nominating petitions. The several sheets so
     3  signed and authenticated when fastened together and offered  for  filing
     4  shall  be  deemed to constitute one petition. If, within five days after
     5  the filing of such petition, a written objection thereto be  filed  with
     6  the  town clerk, and a verified petition setting forth the objections be
     7  presented by the person so filing such objections to the  supreme  court
     8  or  any  justice  thereof of the judicial district in which such town is
     9  located, such court or justice within twenty days  shall  determine  any
    10  question  arising thereunder and make such order as justice may require.
    11  Such proceeding shall be heard and determined in the  manner  prescribed
    12  by section 16-116 of the election law.
    13    §  2.  This  act shall take effect immediately; provided, however, for
    14  referenda required pursuant to article 12-A of the town  law,  this  act
    15  shall  apply  beginning  on  the  first  of January next succeeding such
    16  effective date.