HomeMy WebLinkAboutHighway Law 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 MARCH 14, 1989:
RESOLVED that pursuant to Article IX of the Constitution, the Town Board
of the Town of Southold requests the enactment of Assembly bill No. 3136,
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; and be it further
RESOLVED that it is hereby declared that a necessity exists for the enact-
ment of such legislation, and the Town Board of the Town of Southold does
not have the power to enact such legislation by local law.
~-Judith T. Terry~_,/
Southold Town Cerk
March 20, 1989
.IUDITH T. TERRY
TOWN CL£RK
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
March 20, 1989
Home Rule Counsel
Senate Post Office
The Capitol
Albany, New York 12224
Re: Assembly bill No. 3136
Dear Sir:
Transmitted herewith is Home Rule Request of the Southold Town Board
with respect to Assembly bill No. 3136, entitled "AN ACT to amend the high-
way 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
Southold Town Clerk
Enclosures (2)
cc: Assemblyman Wertz
Supt. of Hwys. Jacobs
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_o_~..~_.__..o__f_ _Sou~_.o__~ ........................... of
........... .S_3~f~o!k ~_.~o~n~y. ....................... requests thecnactment OrAssembly bill(No. 31_3.~ ............ ),
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 he?eby declared that a necessity exists for the enactment of such legislation, and that the facts
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 appropriate box)
[] 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.
In such case use the words "two-thirds" below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed) ...............................................................
(chief executive officer)
Date: .............................. , [9 .......... . ...............................................................
(Title of chief executive officer)
CLERK'S CERTIFICATION
I, . ......... J udith..T.,~._TP, rFy ................... do hereby certify that I am Clerk of the ....................................
.................... _Town_Board ................................. of the Town ............................... 7
. Southold -
ot ...........................................................ana that on the .......]__/tth_ __ day of _ March ~ j~'!'.;?
19 ........ 89 such legislative body, at leastatw°-thirdsnY~fOt~f,y of the total membership having voted in favor thercot,
approved the foregoing request. (stnkeoutone) ~'
19____8__~___
Date: ...... .Lv-La~_~ U---~--u- ...............
(Print or type name below signature)
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 the bill has been introduced in only one House of the Legislature, four copies of the request
form must be filed, i.e., two with 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.
Date 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 bills, 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:
Chiel 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, town board, board
of trustees or other'elective governing board or body vested by state statute, charter or other law with
jurisdiction to 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 vilinges. (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)
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 20, 1989
Town Hall, 53095 Main Road
P.O. Box ! 179
Southold, New York 11971
FAX (516) 765-1823
TELEPHONE (516) 765-1801
Home Rule Counsel
Assembly Post Office
The Capitol
Albany, New York 12224
Re: Assembly bill No. 3136
Dear Sir:
Transmitted herewith is Home Rule Request of the Southold Town Board
with respect to Assembly bill No. 3136, entitled "AN ACT to amend the high-
way 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. Terr~Y
Southold Town Clerk
Enclosures (2)
cc: Assemblyman Wertz
Supt. of Hwys. Jacobs
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
(:EIVED
MAR 1. 0 1989
March 8, 1989
ALBANY OFFICE
[] 404 Legislative Office Building
Albany, New York 12248
{518) 455-5185
DISTRICT OFFICE
[~' 257 Middle Country Road
P.O. 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 a Home Rule Request must be signed by your
office. I am enclosing copies of the bill and memo, and the
Home Rule Request form.
Thank you for your considerat~and if you have any
questions, please do not hesitate~ no, fy my office.
RCW:mr
STATE OF NEW YORK
1989-1990 Regular Sessions
IN ASSEMBLY
Introduced by ~. of A. WERTZ -- read once end referred to the Committee
on Transportation
AN ACT to amend the highway taw, in relation to the purchase of machin-
ery, tools, implements and equipment without · to~n election in towns
within Suffolk county
The People of the State of New Yorkt represented in Senate and Assem-
bl¥~ do enact as follows:
Section 1. Subdivision four of section one hundred forty-two of the
2 highway law, as amended by chapter eight hundred thirty-five of the laws
3 of nineteen hundred eighty-six, is amended to read as follows:
~. The town superintendent shall provide a suitable place for housing
and storing machinery, tools, implements and equipment owned by the to~n
and cause the same to be stored therein, when not in use. Notwithstand-
7 lng the provisions of article fourteen of the to~n law. the town board
8 of any town may authorize the to~n superintendent to purchase real es-
tale w~th a suitable building or buildings thereon, or to purchase Feel
10 estate in the name of the to~n and erect thereon a bui'lding for the pur-
l1 pose of housing and storing such machinery, tools, implements and equip-
12 meet, or to erect a building for such purposes on real estate owned by
13 the town, but the total cost thereof, w[thout the affirmative vote of a
to~n election, shall not exceed fifty-thousand dollars, except that in
15 to. ns in the county of Erie and the town of Cincinnatus in the county of
Cortland the total cost thereof, without the affirmative vote of a town
17 election, shall not exceed one hundred fifty thousand dollars except in
18 the county of Erie, the town of Lancaster and the town of Cheektowaga
shall not exceed three hundred thousand dollars. Capital improvements
20 may be made to any buildlng erected or purchased pursuant to this sub-
2l division, but the total cost thereof in any one year, without the al-
22 firmative vote of a town election, shall not exceed fifty thousand dol-
EXPLANATION--~atter in italics (underscored) is ne~; matter in brackets
E ] is old law to be omitted.
LBD05787-Ol-9
A. ~6 2
1ars except in the county of Erie, the to~n of Lancaster shall not ex-
ceed one hundred thousand dollars and the to~vn of Cheekto~aga shall not
exceed three hundred thousand dollars. The to~n board of any town in
Suffolk county may authorize the town superintendent to purchase machin-
ery~ tools~ implements and equipment without the affirmative vote of a
to~n electlon provided the total cost thereof does not exceed eiqht hun-
dred thousand dollars.
S 2. This act shall take effect immediately.
MEMORANDUM IN SUPPORT TION
submitted in accordance with Assembly Rule 111,§1 (e)
Bill Number:
Assembly ~ 13 6 Senate
~ Memo on original draft of bill
~Memo on amended bill
Robert C. Wertz
'lit I~' (,i
I;J 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.
!Url..~u .~ 0~.~;~1 Id~;: of I.ii]: To eliminate the need of a town election
within Suffolk County when purchasing machinery, tools, implements,
and equipment.
Summary 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.
Subdivision four of Section 142
Effects of Present Law which lhls B1]] ~oq]d~]te ~ ~_~ .
of the highway law, as amenueaDy cnapu=~ 835 of the laws of 1986
Justification: Current law.restricts 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 the extent of the procedures required
before these expenditures are made.
Fiscal Implications for State and Local Governments: NO State fiscal implications.
Effective Date: Immediately.
Fire: Home Rule Request
NYS Assembly