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HomeMy WebLinkAboutFishers Island Ferry District J UDITlt T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 March 27, 1986 Home Rule Counsel's Office Assembly Post Office The Capitol Albany, New York 12224 Gentlemen: Transmitted herewith is a Home Rule Request for submission to the New York State Legislature for action on Assembly Bill 9104, entitled "AN ACT to amend chapter six hundred ninety-nine of the laws of 1947, relating to authorizing the creation of Fishers Island ferry district in the Town of Southold, Suffolk county and providing for the election of its officers and management of its affairs, in relation to the sale or conveyance of real property in said district." Very truly yours, Judith T. Terry Southold Town Clerk Enclosures {4) CC: Assemblyman Sawicki Board of Commissioners - Fishers Island Ferry District JOSEPH SAWICKI, JR. 1st Assembly District RANKING MINORITY MEMBER Committee on Ethics and Guidance COMMITTEES Aging Agriculture Housing MAR ~ 0 1986 THE ASSEMBLY STATE OF NEW YORk ALBANY March 18, 1986 ALBANY OFFICE Room 820 Legislative Office Building Albany, New York 12248 (518) 455-5294 DISTRICT OFFICE P.O. Box 1060 467 East Main Street Riverhead, New York 11901 (516) 727-1363 Judith T. Terry, Town Clerk Town of Southold 53095 Main Road Southold, N.Y. 11971 Dear Judy, Constitutional provisions mandate that certain bills require a Home Rule Request before the Legislature can act upon them. Assembly Bill 9104 is one such bill. We respectfully request that your office complete the enclosed forms and return them to the Home Rule Counsel's Office, Assembly Post Office, The Capitol, Albany, N.Y. 12224. (See reverse side of Home Rule Request forms for specific instructions.) Thank you for your prompt attention to this matter. J~EPH SAWICKI, JR. JS:ls Encls. IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE : HOME RULE REQUEST by a Local Government for Enactment of a Special Law) Legislature: Tox~. Pursuant to Article IX of the Constitution the .............. "-:7: ............................................... z .......... '. ~%._ requests the enactment of_ . b I(N AN ACT to amend chapter six hundred ninety-nine of the laws of 1947, relating to authorizing the creation of Fishers Island ferry district in the Town of Southold, Suffolk county and providing for the election of its officers and management of its affairs, 'in relation to the sale or conveyance of real in said district. It is hereby declared that a necessity exists for the enactment establishing such necessity are as follows: (Check appropriate box) ,~ [DXThe local government does not have the power to enact such legislation by local as set forth in the following "Explanation" es~ablis '"' .... EXPLANATION below is not sufficient, use separate Such request is made by: (Check appropriate box) [] The chief executive officer of such local government, concurred in of the local legislative body. (See paragraph A below) [~ The local legislative body of such local government, at least having voted in favor of such request. (See paragraph B below) · ;'~37: ' '~ ~ .... ,READ BEFORE SIGNING . -, A. If the request is made by the chief executive officer and concurred in by a majority of the total 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) Date: .......................... , 19 .......... CLERK'S CERTIFICATION 1 ....._.4..u_~!__t.l!..T ._ Te__r.r_y ...................do hereby certify that I am Clerk of thd_ ...] ......... : ................. ................. ~_o_~n Bo. tuTti .................................... of the .................... _T.o_E__n. ...................................... of _ .S_ouIb_o_ d ........................... and that on the ...... 2_5_t_h_____. day of _____M_gr__c__h .................... 19. 86._. , such legislative body, at least,tw°~thirds of the total membership having voted in favor thereof. V~ t~h~~ ~S tstrike Dat e:____,y_L._.,_ ~_, _, _ ~?______.< _------~ "~ / ..... 19___8__6_ .... 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 role request or the adoption of a resolution by the local legislative body approv- ing such request cannot precede thc date on which the bill is actually introduced in the Legislature. In the case of prefilcd bills, the actual date of introduction is the first day of thc legislative session. The request may bc 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 thc 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: Chief executive officer. In the case of a county, the elective or appointive chief executive officer, ff 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 IConst. 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) STATE OF NEW YORK 9104 IN ASSEMBLY February 27, 1986 Introduced by M. of A. SAWICKI -- read once and referred to the Commit- tee on Local Governments AN ACT to amend chapter six hundred ninety-nine of the laws of nineteen hundred forty-seven, relating to authorizing the creation of Fishers Island ferry district in the town of Southold, Suffolk county and providing for the election of its officers and management of~ its af- fairs, in relation to the sale or conveyance of zeal property in said district People of the Stat~ of New York~ represented in Senate and Assem- do enact as follows: 1 Section 1. Chapter six hundred ninety-nine of the laws of nineteen hundred forty-seven, relating to authorizing the creation of Fishers 3 Island ferry district in the t°wn of Southold, Suffolk county and 4 providi~ for the election of its officers and management of its al- S fairs, is amended by adding a Dew section sixteen to read as follows: 6 § 16. Notwithstandin~ the provisions of this ch ;er~ or the provi- 7 sions of any other ~eneral or special law, the town board of the town 8 Southold shall not sell or convey any of the rea~ property or any 9 retest in real property located within the boundaries of the Fishers 10 Island ferry district at Fishers Island tn the town of Southold~ Suffolk ll ~Ounty acquired, used or intended to be used for any of the purposes of the Fishers Island ferry district unless (1) such sale or conveyance shall have been approved in writing by a majority of the commissione~, 14 of the Fishers Island ferry district and (2) such sale or conveyan¢_ 15 shall have been a roved b a a ma orit vote of the electors of the 16 fe~ district an~ vote of the owners of ~ 1S assessment r~all vot~osition therefor to be submitted 19 at~ecial or annual meetin__~of thefe~district. At least thlrt~ 20 days ~fose s eclal or annual ~vote ~ ~ 21 tion~ the ferryld~co~ission-~ers shall adoD--~-a resolution which [ ~ ~s ~d law to be omitted. LBDl1939-02-6 A. 9104 2 1 shall designate the date end place of such meetin8 and the hours of 2 openins and closins of the polls, which shall be not less then fOu~ 3 consecutive hours between eight o'clock in the forenoon end eisht 4 o'clock in the evening. The comm~ioners shall ~ive notice of $ meetin~ by the publication of a notice in a newspaper or newspapers hay $ in~ ~eneral circulation in the district, specif¥in~ the time when ? the place where such meetin~ will be held, the hours durin~which th, 8 polls will remain open for the purpose of receivin~ ballots and sett~ 9 forth in full all proposi~ions to he voted upon. The first publicat~,5 10 of such notice shall he at least t~ent~ days 9rinr ~o ~he time of such 11 meetly. In addi~ion~ the c~mm~=$ioners shall post, or cause to he 12 posted, a copy of such notice in five public placee in the district at 13 least twenty days ~rinr to the time of such meeting. In all other 14 respects the maetin~ to vote on such proposition or proposi~-- shall 15 be conducted in the same manner as provided herein for votin~ at 1~ district meetings. 17 § 2. Section twelve of such chapter, as added by chapter six hundred 18 ninety-nine of the laws of nineteen hundred forty-seven, is renumbered 19 section seventeen. 20 § 3. This act shall take effect immediately. Jill N,umber,: A~embl¥ ;popsofs: Member~ of A~embly: Senators: ~troduced at the request of 'itle of Bill: S~WICKI [] Mem(~ amended bill the Commissioners of the Fishers Island Ferry District and the Town Board of the Town of Southold.' AN ACT to amend chapter 699 of the laws of 1947, relating to authorizing the creation of Fishers Island Ferry District in the town of Southold, Suffolk county and providing for the election of its officers and management of its affairs, in relation to the sale or conveyance of real property in said district. 'urpose or General Idea of Bill: This bill aill amend the laws relating to the Fishers Island Ferry District in the town of Southold, Suffolk County and will provide for the election of its officers and management of its affairs~ in relation to the sale or conveyance of real property in the district. ummary of Specific Provisions: This bill will add a new section sixteen to the ferry district act to prohibit the sale or conveyance of any real property within the ferry district and acquired or used, or intended to be used, for ferry district purposes unless such sale or conveyance is authorized (1) by a majority of the Board of Commissioners of the ferry district, and (2) by a majority vote of the electors and property owners in the district voting at a special or annual district meeting. ffects o! Present Law which This Bill would Alter: This bill will amend the Special Act providing for the estab'lish .merit of the Fishers Island Ferry District (Chapter 699 of the law~ of 1947). ustiflcation: Under the terms of the Special Act anthorizing the ~stablishment of the Fishers Island Ferry District, all real property acquired for the use of the district is acquired in the name of' the Town of Southold. The Commissioners of the. Fishers Island Ferry District~ as well as the Town Board of the Town of Southold, feel that this bill will best protect the interests of residents and property owner~ in'the ferry district ~y restricting the sale or conveyance to those which have been authorized by a majority of both the electors and the Board of Co~issioners. ~ior Legiflative History: Th~s is a new bill. ~allmplicationsforState and Local Governments: None. This act shall take effect immediately. JUDITIIT TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 April 23, 1986 Home Rule Counsel Senate Post Office The Capitol Albany, New York 12224 Gentlemen: Transmitted herewith is Home Rule Request for Senate bill No. 8112 relative to the Fishers Island Ferry District, as authorized by the Southold Town Board at a regular meeting held on April 22, 1986. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure (4) cc: Senator LaValle Assemblyman Sawicki Fishers Island Ferry District JUDI fll T. TERRY TOX~NCLIRK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 April 23, 1986 Home Rule Counsel Assembly Post Office The Capitol Albany, New York 12224 Gentlemen: Transmitted herewith is Home Rule Request for Assembly bill No. 9104 relative to the Fishers Island Ferry District, as authorized by the Southold Town Board at a regular meeting held on April 22, 1986. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure (4) cc: Senator LaValle Assemblyman Sawicki Fishers Island Ferry District THE SENATE STATE OF NEW YORK April 3, 1986 Mrs. Judith T. Terry Town Clerk Town of Southold 53095 Main Road Southold, New York 11971 APR 0 1986 Dear Mrs. Terry: Constitutional provisions mandate that certain bills require a Home Rule Request before the Legislature can act upon them. Senate Bill 8112 is such a bill. We respectfully request that your office complete the enclosed forms and return them to the Home Rule Counsel's Office, the State Capitol, Albany, New York. (Please see reverse side of Home Rule Request forms for more specific instructions.) Thank you for your prompt attention to this request. Sincerely yours, Kennet~ P. LaValle Encs. STATE OF NEW YORK 8112 IN SENATE March 25, 1986 Introduced by Sen. LAVALLE .- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend chapter six hundred ninety-nine of the laws of nineteen hundred forty-seven, relating to authorizing the creation of Fishers Island ferry district in the town of 8outhold. Suffolk county and providing for the election of its officers and management of its af- fairs, in relation to the sale or conveyance of real property in said district The People of the State of New York~ represented in senate and Assem bly~ do enact as follows: 1 Section 1. Chapter six hundred ninety-nine of the laws of nineteen hundred forty-seven, relating to authorizing the creation of Fishers 3 Island ferry district in the town of Southold, Suffolk county and 4 providing for the election of its officers and management of its al- S fairs, is amended by adding a new section sixteen to read as follows: 6 § 16. Notwithstandin~ the provisions of this chapter, or the provi 7 sions of any other general or special law, the town board of the town 8 Southold shall not sell or convey any of the real property or any in 9 retest /n real property located within the boundaries of the Ftshei 10 Island ferry district at Fishers Island in the town of Southold~ Suffo]] ll county acquired~ used or intended to be used for any of the purposes o 12 the Fishers Island ferry district unless (1) such sale or conveyanc,, 13 shall have been approved in wrttin~ by a majority of the commtssione~., of the Fishers Island ferry d/strict and (2~ such sale or conveyan¢ 15 shall have been approved by (a) a majority vote of the electors of th' 16 ferry district and (b) a majority vote of the owners of real prope~L~ 17 situate within the ferry district assessed upon the last precedin~ town 18 assessment roll~ all vottn~ upon a proposition therefor to be submitted 19 .at a special or annual meetin~ of the ferry district. At least 20 days before any special or annual meetin~ to vote upon such a proposl- 21 tion~ the ferry district commissioners shall adopt a resolution which 22 shall designate the date and place of such meeting and the hours of EXPLANATION--Matter in italics (underscored) is new; matter in brackets ~[ ] is old law to be omitted. LBDl1939-02-6 8112 2 1 ~ and closin~ of ~.~which. sh~ll.be not less than four ~ 2 consecutive hours ~o clock in the forenoon a-~-e~ 3 ~the evening. The commissioners shall___~ive notice of such 4 ~ublication of a notice in a neWS~or news~ S ~ne~al circulation in ~he distr~c~ ~he ~ime when and :h~_ lace where ~uch~ will be ~he hours durin~ which : ~or~h ~ .... : ........... · ~ o~ r~N~lots and se~tni 8 full all~ions ~o be vo~d~Th~ firs~ ~ 9 of such no~tce shall be a~ leas~ ~w~ior Co ~he ~ime of such 10 meetin~ ~he co~issioners shall~or cause ~o be 11 ~such notice in five~aces in the distric~ at 12 least tW~ior to the time of such meetin .~__In all other 13 respects the mee~in.~_to vote O~osition or rp_~ip_ositions shall 14 be conducted in the same manne~rovided herein for vot~ 15 district meetin s. - 16 § 2.- Section twelve of such chapter, as added by chapter six hundred 17 ninety-nihe of the laws of nineteen hundred forty-seven, is renumbered 18 sectiou seventeen 19 § 3. This act shall take effect immediately. ,H r~u~nbcr: A~clnbly, ,) Donsors: Membar~ of A~embly: SAWICKI Senators: I~VALLE 0 Mc on amendcd bill ~troduced atthe request of the Cou~isstoners of the Fishers Island Ferry District and the To~n Board of the Town of Southold.' AN ACT to amend chapter 699 of the laws of 1947, relating to authorizing the illeofBilk creation of Fishers Ialand Ferry District in the town of Southold, Suffolk county and providing for the election of its officers and management of ira affairs, in relation to the sale or conveyance of real property in said district. urpose or General Idea of Bill: This bill aill amend the laws relating to the Fishers Island Ferry District in the town of Southold, Suffolk County and will provide for the election of its officers and management of its affairs, in relation to the sale or conveyance of real property in the dls~rict. ummary of Specific Provisions: This bill will add a new section sixteen to the ferry district act to prohibit the sale or conveyance of any real property within the ferry district and acquired or used, or intended to be used, for ferry district purposes unless such sale or conveyance is authorized (l) by a majority of the Board of Commissioners of the ferry district, and (2) by a majority vote of the electors and property owners in the district voting at a special or annual district meeting. ffec~ of Present I.~w which This Bill would Alter: This bill will amend the Special Act providing for the estab'lish meat of the Fishers Island Ferry District (Chapter 699 of the lawg of 1947). u~'tificatlon: Under the terms of the Special Act authorizing the ~stablishment of the Fishers ' Island Ferry District, all real. property acquired for the use of the district is acquired in the name of'the Town of $outhold. The Commissioners of the Fishers Island Ferry District, as well as the Town Board of the Town of Southold, feel that this bill will best protect the interests of residents and property ownerm in'the ferry district by restricting the sale or conveyance to those which have been authorized by a majority of both the electors and the Board of Commissioners. riot Legislative History: Th4s is a new bill. i~cal Implications for State and Local Governments: None. Th~s act sha]] take effect immediately. 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 ............................... TOWl/ ............................. of Senate 1 2 South. old .......... ............................. requests the enactment of b Il(No ........ _8.~ ....... ), entitled" AN ACT to amend chapter 699 of the laws of 1947, relating to authori- zing the creation of Fishers Island Ferry District. in the town of $outhold, Suffolk County and providing for the election of its officers and management of its affairs, in relation to the sale or conveyance of real property ~n said district. It is hereby 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 usc thc 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) ............................................... 2 ............. Date: (Print or type name below signature) (Title of chief executive officer) CLERK'S CERTIFICATION I, _Jud'ith T .. _'T__e..r37y- ...................... do hereby certify that I am Clerk of the (print or type name) (local legislative body) ................................ Tqw_n_ Board ................ of the ....... _T_pwn (county, city, town or vieage ) of ........... S_Qutho!d ............................. and that on the 22_p.d._ _ day of ....... · "-'"~ two-thirds 1986 ....,/~'sii'~h iI~isla[ive, / ~b°dy' at leasta }~lCll~ of the total membership having voted in favor thereof, appro!ed the ~oTe~oing ~re~,fi~st., . (strike out one) Date ....... _A_ p_riJ __2 2~___.'~ .......... 19__86_ ..... Judith T.;__ Terry ................... (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 ~nd two with the Assembly tor the' Senate bill and th~'san/e ' :'-~' '" for' the Assembly bill.. Date o~ requestS: .... ."~. , ~' ..... ' " - The signing of a home rule request or the adoption of a ~esolut~on b~ 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 .Sssembly: Home Rule Counsel Assembly Post Office The Capitol Albany, N. Y. 12224 Definition of terms: Chief executive officer. In the case o~t~ county, the elective or appointive chief executive officer, if there be one, or otherwise thc chairman of the board of supervisors; in the case of a city or village, the mayor (not manager); and m 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 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 m 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) )',il i, '~, POrIsors: A~cm, bty, ,,. / Members of A~sernbly: SAWICK] Senators' LAV~£ D M~ on amendcd bill ltroducedattherequeStof the Commissioners of the Fishers Island Ferry District end the To~rn Board of the Town of Southold. AN ACT to amend chapter 699 of the laws of 1947, relating to authorizing the itleof BiJl: creation of Fishers Island Ferry District in the town of Southold, Suffolk county and providing for the election of its officers and management of its affairs, in relation to the sale or conveyance of real property in said district.' urpose or General Idea of Bill: This bill sill amend the laws relating to the Fishers Island Ferry District in the town of Southold, Suffolk County and will provide for the election of its officers and management of its affairs, in relation to the sale or conveyance of real property in the district. ummary of Specific Provisions: This bill will add a new section sixteen to the ferry district act to prohibit the sale or conveyance of any real property within the ferry district and acquired or used, or intended to be used, for ferry district purposes unless such sale or conveyance is authorized (1) by a majority of the Board of Commissioners of the ferry district, and (2) by a majority vote of the electors and property owners in the district voting at a special or annual district meeting. ffecu of Present L~w which This Bill would Alter: This bill will amend the Special Act providing for the estab'lish ~ent of the Fishers Island Ferry District (Chapter 699 of the lawg of 1947). ustification: Under the terms of the Special Act authorizing the ~stablishment of the Fishers Island Ferry District, all real property acquired for the use of the district is acquired in the name of. the Town of Southold. The Commissioners of the Fishers Island Ferry District, as veil as the Town Board of the Town of Southold, feel that this bill will best protect the interests of residents and property owner~ in the ferry district by restricting the sale or conveyance to those which have been authorized by a majority of botk the electors and the Board of Commissioners. rior LegiUative History: Th~s is e new bill. iscal Implications for State and Local Governments: None. This act shall take effect immediately. INSTRUCTIONS Copies required.' Two signed copies of this form, specifying thc 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 /equ~st 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 th~ Senate bill and the same . lot'.the Assembly bill .... Dati~ 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, Iq. Y. 12224 Definition of terms: Chie! executive o[ficer. 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 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) 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 ..................... ~OWI3. ............................ o! So~u~ho.!~ ............................... requests the enactment of~ my'ssem~-'- bill(No. _.. 9104 ' ._._:__ ), Clltitled" AN ACT to amend chapter 699 of the laws of 1947, relating to authorizing the creation of Fishers Island Ferry District in the town of Southold, Suffolk county and providing for the election of its officers and management of its affairs, in relation to the sale or conveyance of real property in. said district. It is hereby 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, usc 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 thc chief executive officer and concurred in by a majority of thc total mcm- 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 thc word "majority" below cvcn though the vote may have been greate~7~. B. If thc request is made by thc local legislative body, at least two-thirds of the total membership thereof having voted in favor of such request, only thc 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) (Print or type name below signature) Date: ........................ , 19 (Title of chief executive officer) CLERK'S CERTIFICATION I ........ iJ_u~!_t_.~ ._T.~_ T~rr~.. ............. do hereby certify that I am Clerk of the (print or type name) (local legislative body) ..................... _T__?v rL Boar~ ................... of the .......... .T__°_.w__r~_ ................................. (county, city, town or village) of the total membership having voted in favor thereof, two-thirds 19.861 .... ~such l'~lative body, at leasta ~}~y appro~d the foreg0?ng/req~est. (strike out one) Date: .......