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Home My WebLink AboutEmployees Retirement System JUDITH T. TERRY TOWN CLERK ~EGISTRAR OF VITAL STATISTICS OFFICE OF THE TO~N CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPH01~ (516) 765-1801 January 26, 1982 Honorable Kenneth P. LaYalle New York State Senator 998 Middle Country Road Selden, New York 11784 Dear Senator LaValle: Transmitted herewith is Home Rule Request from the Town of Southold requesting the enactment of Senate bill No. 249-B. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (4) THE SENATE STATE OF NEW YORK January 8, 1982 Ms. Judith T. Terry Town Clerk Town of Southold Main Road Southold, New York 11971 Dear Ms. Terry: Constitutional provisions mandate that certian bills require a Hc~e Rule Request before the Legislature can act on them. Senate Bill 249-B is one such bill. I respectfully request that your office complete the enclosed forms and return them to us as soon as possible. Thank you for your help in this matter. Sincerely yours, P.LaValle Enclosures STATE OF NEW YORK 249--B 198z-zg$~ ReffuZa~ Sesstons IN SENATE Januar~ 7, 1981 · lntrgduced by Sen. LflVALLE--read twice and ordered printed~ and when printed to /be conuuitted to the Conu~lttee on Civil Service and Pensions~c~mmittee dl~cha~ge~, bill amended, o~de~ed ~ePr~nted ~s amended and recommltted to said cOmmittee--committee d~scha~Eed, bill amended, ordered reprinted as ~mended and ~eco~uu~tted to said co, it. AN ACT to allow persona Ln public employment on August sixteenth, ret~oactive membership w~th the state comptrolle~ bl~. do enact as follov~; ~ Section 1. HotwithstsndLnE any other provision of law to the contra~, ? ascribable to his own negllEence, ~as not s member of such s~stem on flu- l~ seventh-three if on o~ bsfor® Dec®mbe~ thirty-first, n~netuen hundred 11 ®iEhty-ons; such person, h~s executor, admin~strator ow p®rsonal rsprm. 12 ssntattve ~hall file with the state comptroZler a w~ltten request to 13 that ®fleck. 14 ~ 2. Th~s aot shall take ®ffeot Xm~ediately. EXPLANATION--~tter in italics (underscored) is new; matter tn b~aoket~ ~ 3 is old law to be omitted. LBDX-2X-X3.6X?B ~ / 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 _ '~ow~ .......................... of ........ $oUtho'ld .................... requests the enactment of Aa_e~n_ar,_e,.. bill(No· - 269-t3 _), entitled" AN ACT to allow persons in public exployment on August sixteenth, n/neteen hundred seventy-three or their executor, administrator or personal representative who did not file a membership application with the New York state employees' retirement system to file a request for retroactive membership with the state comptroller 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 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. .OF-IqCER'S SIGNATURE (Signed) (chief executive officer) .............................. (Print or type name I~low signature) Date: ............................ , 19_ _ CLERK'S CERTIFICATION Jud±th T. Terry I .......................................... do hereby certify that I am Clerk of the _T_owll Board _. .......................................................... of the _ Town of .......3outh01d ................... and that on the ..... 1.0th day of ........ :--Ja, ll-lm~y , 19 82, such legislative body, proved the fore,gbing request. \- _x~ , , ,_C,x' / m~-' I /' ~anu~ry 19 two-thirds at leasta mV.a,Y~iy,? of the total membership having voted in favor thereof, J ~ (clerk) ~/r ........ J_.u.d h _T r. ry ............. 19_8__2_ __ 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 intr°du~ed in both Houses, :eight copies 'of the request fofi'n must ::: *. :~ 'be filed, i.e., two with the Senate ~nd two with the Assembly for the Senate bill and the same ::,C '; for the Asseifibly bill. : "~ , ' ~ : " ' ~ ' Date of request: The signing of a home role request or the adoption of a resolution by the local legislative body approw lng 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: Chic! executive officer. In the case of a county, the elective or appointive chief executive officer, if them 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) /,~