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Home My WebLink AboutHighway Law (2) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 9, 1989: RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby request the enactment of Assembly bill No. 3136-A, entitled "AN ACT to amend the highway law, in relation to the purchase of machinery, tools, implements, and equipment without a town election in towns within Suffolk County. It is hereby declared that a necessity exists for the enactment of such legislation, and the Town Board does not have the power to enact such legislation by local law. Southold Town Clerk~ May 10, 1989 JUDITH To TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 May 10, 1989 Home Rule Counsel Senate Post Office The Capitol Albany, New York 12224 Gentlemen: Transmitted herewith is executed Home Rule Request with respect to Assembly bill No. 3136-A, entitled "AN ACT to amend the highway law, in relation to the purchase of machinery, tools, implements and equipment without a town election in towns within Suffolk County." Very truly yours, Judith T. Terry $outhold Town Clerk Enclosures (2) cc: Assemblyman Wertz Supt. of Hwys, Jacobs · 7,1, ,. IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE HOME RULE REQUEST (Request by a Local Government for Enactment of a Special Law) To the Legislature: Pursuant to Article IX of the Constitution. the .......... _T__.Q_w__~_..Q_~_._$Qu~.hQ_~ .......................... of (county. city, town or villag~ ) Suffolk Countv hill(No.--3135--A - -- ---------------------------~ ............................... requests the enactment of Assembly entitled" AN ACT to amend the highway law, in relation to the purchase of machinery, tools, implements and equipment without a town election in towns within Suffolk county. It is hereby declared that a necessity exists for the enactment of such legislation, and that the establishing such necessity are as follows: (Check appropriate box) [~-The local government does not have the power to enact such legislation by local law. [] Other facts, as set forth in the following "Explanation" establish such necessity. EXPLANATION (If space below is not sufficient, use separate sheet and attach here) Such request is made by: (Check approprmte box) ........ r.-~, ~,. [] The chief executive officer of such local government, concurred in by a majority of the total membership of the local legislative body. (See paragraph A below) [~ The local legislative body of such local government, at least two-thirds of the total membership thereof having voted in favor of such request. (See paragraph B below) READ BEFORE SIGNING · - ,;~ -°'~-,-~,~ A. If the request is made by the chief executive officer and concurred in by a majority of the total mem- bership of the local legislative body, both the chief executive officer and the clerk of the local legislative body must sign below In such case use the word "majority" below even though the vote may have been greater B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof having voted in favor of such request, only the clerk of the local legislative body must sign below. [n such case use the words "two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATURE (Signed) ............................................................... (chief executive o~cer ) Date: .................................... 19 .......... CLERK'S CERTIFICATION I ..... J.udi.th.__'L..__'l:et:r¥ ............................. do hereby certify that I am Clerk of the ............. ~ ............. ......... .Tow. n_ _Bo. nEd ................................................... of the ................... T.Q~ ..................................... of ............ SocIthQl_o ................................. ~% ........... and that on the ..... 9Ih ......day of _M~y ...................... two-thirds 19 ~9 ...... such legislative body, at leasta . . of the total membership having voted in favor thereof, approved the foregoing request· (strikeoutone) Date- ~ 19-89 .... .... 5-:: ............... t g eo) ~~..~__..~._~ (Print or type name below st~amttre~- INSTRUCTIONS Copies required: Two signed copies of this form, specifying the final bill number and title must be filed with each House of the Legislature. Examples: (a) If{he bill has been introduced in onl[ one H~use of the Legislature, four copies o~ the ~eques! form must be filed, i.e.. two {vith the Senate and two with the Assembly. (b) If the identical bill has been introduced in both Houses, eight copies of the request form must be filed, i.e., two with the Senate and two with the Assembly for the Senate bill and the same for the Assembly bill. ])ate of request: The signing of a home rule request or the adoption of a resolution by the local legislative body approv- ing such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case of prefiled hills, the actual date of introduction is the first day of the legislative session. The request may be signed or the resolution adopted the same day as the date of introduction. Amended bills: Each time the bill is amended a new request must be filed (with the appropriate number of copies) and the new request must correctly identify the bill number as last amended. The signing of the request, and the date of the supporting resolution, cannot precede the date of the amendment. Transmittal: The signed forms should be sent as follows: To the Senate: Home Rule Counsel Senate Post Office The Capitol Albany. N. Y. 12224 To the Assembly: Home Rule Counsel Assembly Post Office The Capitol Albany, N. Y. 12224 Definition of terms: Chie] executive officer. In the case of a county, the elective or appointive chief executive officer, if there be one, or otherwise the chairman of the board of supervisors: in the case of a city or village, the mayor 'not manager); and in the case of a town, the supervisor. (Municipal Home Rule Law §40) Local legislative body. The board of supervisors, board of aldermen, common council, council, commission, ~own board, board of trustees or other elective governing board or body vested by state statute, charter or other law with jurtsdiction m initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2) Local government. A county, city, town or village (Const. Art. IX, §3; Municipal Home Rule Law §2) Special law A state statute which in terms and in effect applies to one or more, but not all, counties (other than those wholly included within a city} cities, towns or villages~ (Const. Art. IX }3; Municipal Home Rule Law §2) Total membership. The total voting power of a legislative body. (Municipal Home Rule Law, §§20, 40) ROBERT C WERTZ Assemblyman 6th District Suffolk County ASSISTANT MINORITY LEADER COMMITTEES Health Mental Health Rules Consumer Affairs & Protection THE ASSEMBLY STATE OF NEW YOrK ALBANY RECEIVED MAY '~ igsg April 25, 1989 ALBANY OFF~CE [] 404 Legislative Office Building Albany, New York 12248 (518) 455-5185 DiSTRiCT OFFICE [] 257 Middle Country Road PO Box 668 Smithtown, New York 11787 (516) 724-2929 Judith T. Terry, Town Clerk 53095 Main Road Southold, NY 11971 Dear Ms. Terry: We have been informed by the Assembly Journal Clerk's office that our amended Assembly Bill 3136-A needs a new Home Rule Request signed by your office. Enclosed please find the home rule request form, a copy of the amended bill and the amended memo. Thank you for your attention to this matter, and if you have any questions, please do not hesitate to notify my Albany office. SR~rely' RCW:mr STATE OF NEW YORK 3136--A 1989-1990 Regular Sessions IN ASSEMBLY February 8, 1989 Introduced by M. of A. WERTZ, POWELL -- read once and referred to the Committee on Transportation -- committee discharged, bill amended, Or- dered reprinted as amended and recommitted to said committee AN ACT to amend the highway law, in relation to the purchase of machin- ery, tools, implements and equipment without a town election in towns within Suffolk county The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: Section 1. Subdivision 1 of section 142 Of the highway law is amended by adding a new paragraph c to read as follows: c. The town boaxd of any town in Suffolk county may authorize the town superintendent to purchase machinery~ tools~ implements and equipmenL without the affirmative vote of a town election provided the total COSL 6 thereof does not exceed eight hundred thousand dollars. 7 S 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05787-02-9 Bi]] Nun,be r: As~c~l,b ] v 3136A ROBERT C. WERTZ Mere(, mi original d~aft Memo on amc. nded bill bJ 1] ]~t]e of bi]i: AN ACT to amend the highway law, in relation to the purchase of machinery, tools, implements and equipment without a town election in towns within Suffolk County. ]u~pc~ or L-ene;a] Idea c.£ ?;iii: TO eliminate the need of a town election within Suffolk County when purchasing machinery, tools, implements and equipment. Su:r:ary of Specific Provisions: The town board of any town in Suffolk County may authorize the town superintendent to purchase machinery, tools, implements and equipment without the affirmative vote of a town election provided the total cost does not exceed $800,000. Effects of Present La~ which This gi]~ ~0uld alter: Amends subdivision 1 of section 142 of the higway law. Justification: Current law restrict the ability of towns to purchase even that equipment which is immediately necessary. The county of Suffolk is particularly burdened by the inflexibility of the current law, and authorities have supported the elimination of the onerous approval process for expenses not to exceed $800,000. This bill would reduce theextent of the procedures required before these expenditures are made. Prior ]_e~is/ati¥~ Hi~torv: 1987 A.5329 Held in Committee on Transportation. Fisca2 lmplication.~ for State and Local (;overn,-r..ents: Effective Date: This act shall take effect immediately. File: Home Rule Request j Highway Law (Town Depts. drawer)