N.Y. MHR Law § 24 — New York Code / Act MHR / Article 3 / Section 24
Local laws subject to referendum on petition
Status: in_force

§ 24. Local laws subject to referendum on petition. 1. a. A local law\nadopted by a county, city or town and subject to referendum on petition\nas provided in this section or in any other state statute, if not also\nsubject to mandatory referendum, shall not take effect until at least\nforty-five days after its adoption; nor until approved by the\naffirmative vote of a majority of the qualified electors of the local\ngovernment voting on a proposition for its approval if within forty-five\ndays after its adoption there be filed with the clerk a petition\nprotesting against such local law, signed and authenticated as herein\nrequired by qualified electors of such local government, registered to\nvote therein at the last preceding general election, in number equal to\nat least ten per centum of the total number of votes cast for governor\nat the last gubernatorial election in such local government. If such\npetition be so filed, a proposition for the approval of such local law\nshall be submitted at the next general election of state or local\ngovernment officers held in such local government not less than sixty\ndays after the filing of such petition, unless the petition request and\nthe legislative body adopt a local law submitting such proposition at a\nspecial election held not less than sixty days after the adoption of the\nlocal law providing for such special election. The petition may be made\nupon separate sheets, and the signatures to each sheet shall be signed\nand authenticated in the manner provided by the election law for the\nsigning and authentication of nominating petitions so far as applicable.\nThe several sheets so signed and authenticated, when fastened together\nand offered for filing, shall be deemed to constitute one petition. The\nclerk shall examine each such petition so filed with him and not later\nthan thirty days after the date of its filing, or forty-five days before\nthe day of the election at which such referendum would appear on the\nballot, whichever is earlier, shall transmit to the legislative body a\ncertificate that he has examined it and has found that it complies or\ndoes not comply, as the case may be, with all the requirements of law.\nIf within five days after the last day to file such certificate a\nwritten objection to the determination of the clerk be filed with the\nsupreme court, or any justice thereof, of a judicial district in which\nsuch local government or any part thereof is located, such court or\njustice shall determine any question arising thereunder and make such\norder as justice may require. Such proceeding shall be heard and\ndetermined in the manner prescribed by section 16-116 of the election\nlaw.\n  b. A local law adopted by a village and subject to a referendum on\npetition as provided in this section or in any other state statute, if\nnot also subject to a mandatory referendum shall be conducted as a\npermissive referendum as provided in article nine of the village law and\ncompliance with that article shall be deemed to be compliance with this\nchapter for all purposes.\n  2. Except as otherwise provided by or under authority of a state\nstatute, a local law shall be subject to referendum on petition if it:\n  a. Dispenses with a provision of law requiring a public notice or\nhearing as a condition precedent to official action.\n  b. Changes a provision of law relating to public bidding, purchases or\ncontracts.\n  c. Changes a provision of law relating to assessments of real property\nor benefit assessments for local improvements.\n  d. Changes a provision of law relating to the exercise of the power of\ncondemnation.\n  e. Changes a provision of law relating to the authorization or\nissuance of bonds or other obligations, except as provided in section\n34.00 of the local finance law in the case of a city.\n  f. Changes a provision of law relating to the auditing of the accounts\nof the local government.\n  g. Changes a provision of law relating to the alienation or leasing of\nreal property of the local government.\n  h. In the case of a city, town or village increases the salary of an\nelective officer during his term of office or, in the case of a county,\nincreases the salary of an elective officer or of an officer appointed\nfor a fixed term, during his term of office, except where any such\nincrease by a county is made in accordance with a schedule providing\nhigher rates of compensation through additional increments of salary\nbased on time service, which schedule or applicable amendment thereof\nwas in existence prior to the commencement of such term of office.\n  i. In the case of a county, establishes a county general hospital\npursuant to the provisions of the general municipal law.\n  j. Is a local law relating to apportionment adopted pursuant to\nsubparagraph thirteen of paragraph a of subdivision one of section ten\nof this chapter. Notwithstanding the provisions of subdivision one of\nthis section:\n  (1) A petition signed and authenticated in number equal to at least\nfive per centum of qualified voters as provided in subdivision one of\nthis section, or to fifteen thousand, whichever is less, shall be\nsufficient to require the submission of a proposition or propositions\nfor the approval of such a local law or the principle elements\ndesignated therein for separate submission, at a referendum in\naccordance with such subdivision.\n  (2) The legislative body of the local government on its own motion may\nadopt a resolution requiring that a proposition or propositions for the\napproval of such a local law and the principle elements therein as shall\nhave been designated for separate submission, be submitted at a\nreferendum, in accordance with such subdivision, at the next general\nelection, or at a special election, held not less than sixty days after\nthe adoption of such resolution.\n  k. In the case of a village, creates or abolishes the office of\nmanager.\n