Provides procedural guidance for the legality of a local law, ordinance, rule or regulation of a town relating to the regulations of vessels pursuant to subdivision one of section forty-six-a of the navigation law.
STATE OF NEW YORK
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10797
IN ASSEMBLY
July 10, 2020
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Introduced by COMMITTEE ON RULES -- (at request of 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:
1 Section 1. Subdivision 17 of section 130 of the town law is amended by
2 adding a new paragraph 3 to read as follows:
3 (3) Whenever the legality of a proposed local law, ordinance, rule or
4 regulation of a town is brought into issue by the legislative body of a
5 city or the board of trustees of a village, and such issue concerns the
6 rights of a city or village pursuant to subdivision one of section
7 forty-six-a of the navigation law, the town shall seek an opinion from
8 the attorney general prior to the adoption of the local law, ordinance,
9 rule or regulation. A city or village may put a town on notice of their
10 concerns relating to the legality of a proposed local law, ordinance,
11 rule or regulation as it relates to subdivision one of section forty-
12 six-a of the navigation law by sending the town notice via certified
13 mail, or hand delivering such notice to the office of the town clerk,
14 prior to the adoption of such local law, ordinance, rule or regulation.
15 The opinion of the attorney general, if issued, shall not be binding on
16 the town, but shall be used for advisory purposes. If no opinion is
17 issued by the attorney general within sixty days of the request for such
18 opinion by a town, then such town may proceed with their consideration
19 of such local law, ordinance, rule or regulation, unless the attorney
20 general requests a reasonable amount of additional time to review the
21 legality of the proposal. A town shall not need to request an opinion
22 from the attorney general if the impacted village or city consents to
23 the adoption of the proposed local law, ordinance, rule or regulation.
24 Nothing in this section shall prevent a village or city from proceeding
25 with a civil cause of action against a town in relation to the rights of
26 the village or city pursuant to subdivision one of section forty-six-a
27 of the navigation law. Nothing in this section shall provide impunity to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16823-01-0
A. 10797 2
1 a town which is found by a court of competent jurisdiction to be in
2 violation of subdivision one of section forty-six-a of the navigation
3 law.
4 § 2. This act shall take effect immediately.
