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Home My WebLink AboutHighway LawSTATE OF, NEW YORK S. 1461 ~ 1977-1978 l~g'ule,~ ~esslons · SENATE-ASSEMBLY A. 1827 January 18, 1977 IN SENATE--Introduced by Sen. B. C. SMITH--read twice and ordered printed, and when printed to be committed to the' Committee on Transpor- tation IN ASSEMBLY--Introduced by M. of A. BIANCHI--Multi-Sponsored by-- M. of A. HARENBERG, HOCHBRUECKNER, McGEE, FLANAGAN, WERTZ--read once and referred to the Committee on Transportation AN ACT to amend the highWay law, in relation to the limitation of expenditures on highway machinery in certain towns The People of the State of New York, represented in Senate and Assembly, do enact as follows: I Section 1. Subparagraph one of paragraph a of subdivision three of section~ 2 two hundred sevcoty-one of tbe highway law, as separately amended by chapters 3 three hundred thirty-four, four hundred fifty and six hundred eighty-seven, of 4 the laws of nineteen hundred seventy-four, is hereby amended to read as follows: 5 [(I)] (l-a) Two hundred thousand dollars in the town of Colonie in Albany 6 county~ in the town of Greenburg.ly in Westchester county, in the town of ?Ora. ngetown in Rockland county, in any town in Nassau county, in any town 8 having a population of/ess than forty thousand [or more] in Suffolk county, in 9 the town of Salins in Onondaga county, or in any town of the first class in Erie 10 county. ll § 2. Paragraph a of subdivision three of section two hundred seventy-oneof 12 such law is hereby amended by adding thereto a new subparagraph, to be 13 subparagraph one, to read as follows: 14 (1) Four hundred thousand dollars ;~n any .town having a population of forty 15 thousand or more in Suffolk county. 16 § 3. Subparagraph two of paragraph a of subdivision three of section two 17 hundred seventy-one of such law, as amended by chapter ninety-three of tbe laws 15 of nineteen hundred seventy-five, is hereby amended to read as follows: 19 (2) One hundred thousand dollars in the :town of Bethlehem in Albany county, 20 in the towns of Camillus, Geddes, DeWitt and Clay in Onondaga county, 'in the 21 town of Poughkeepsie, Dutchess county, in the town of Guilderland in Albany 22 county, [in any town having a population of less than forty thousand in Suffolk 23 county] or in any town in Westcheeter county, except the town of Greenburgh. 24 § 4. This act shall 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 ............ T.O__W~ ................................................ o! SoLlthold ...... requests the enactment ~ bill(No. ........ i~> of Assembly entitled "An act to amend the highway law, in relation to the limitation of expenditures on highway machinery in certain towns" 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 OFFICER'S SIGNATURE (Signed) (Print or type name b~low signature) Date: ......................... , 19 ..... _ ............................................................ CLERK'S CERTIFICATION L aRJ_.D.I_TH .T, T~.RY ............ do hereby certify that I am Clerk of the___. ?_q__w__o.___B.__o_~:_r___d___. ....................................... of the ............... _T_.o_ W?O ...................................... ~ Southold ' the 8th Februar3r , ot ............................................. aha that on .................... day of 19 77 , such legislative body, at leastatw°-thirds. . of the total membership having voted in favor thereof, approved the foregoing request. (slrike out one) [s~,~ o}, t~c^~ (Signed ,~.-~_ __ _~-<~__ :_ _~_.~.~~ ....... ...... ,IU_ D !T.H__ T_._..TE.t~ t~X ............ Vate:_E__e_hr--u..-ar.7._9. ............ ,19 _7_7 _ INSTRUCTIONS Copies required: Two signed copies of this form, specifying the final bill number and title must be filed ~with eetch 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: ChieI 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 (Coast. 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, lhe .... Town ............................ o! Senate bill(No. 1461 ), ...... Sou_t~_o._l.d .... requests the enactment of Aor. entitled" An act to amend the highway law, in relation to the limitation of expenditures on highway machinery in certain towns" 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. ~t~ 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 memb;:rship 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) ................................................ (Print or type narng below signature) Date: ................... , 19 ....................................................................... CLERK'S CERTIFICATION I ...... ~I~D~TH T_. TEpd~¥ ...... do hereby certify that I am Clerk of the_.-.T-_Q-.w-_-n-__B-_9---l~d ...... (print or type name) (local legislative body) ..................... of the ............... ]i~__o_ w_ ~ .............................. (county, city. town or village) of ................ -S-9-~l-?--h°ld ........... and that on the_ ~_t3. _ _ day of _?__e_b_i?l _a:r~_ ......... . Icastatw°-thirds 19. ?.7. , such legislative body, at ' . . of the total membership having voted in favor thereof, approved the foregoing request. (strike out one) [s~t or too,,_ (Signed)/-~:'-'d~'/.~r~-Z~ ~ ',._..-~- ~-~g-"d~.-~__~__ .......... J.~.D.__I_ TH__.T_,___TER..B,_Y. ............ D a t e: ___F_ e..b. _r.U_a..r_ Y_ __?_ ...... 19.7__7. INSTRUCTIONS Copies required: Two signed copies of this form, specifying the final bill number and tire 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 lwo 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: Chief executive o~cer. 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) MEMORANDUM BY: I.W. BIANCHI, JR. B.C. SMITH ~N ACT to amend the highway law, ~in relation to the limitation of ;expenditures on highway machinery in certain towns. PURPOSE OF BILL: For Suffolk County only, to double the present statutory limit upon the amount a town may raise by taxes in any given year for buying or repairing certain heavy highway equipment. SUt~4ARY OF PROVISIONS: So provides. Law ~ 271.] [Doubles the figures as set forth in Highway STATEMENT IN SUPPORT: The dollar limits set forth in this statute, placing a ceiling on amounts a town may raise in any given year for purchase or repair of certain heavy highway equipment (other than by specially submitting the matter to the voters), have been periodically increased, on a county-by-county basis, to reflect changing needs and circumstances. There is substantial sentiment in ~f~lk County, among the highway superintendents of its several towns and others~ that a doublin? of the present limitations applicable to towns in that county is necessn~y to bring the statute into accord with present needs. FISCAL IMPLICATIONS: None [merely affords greater flexibility to towns in Suffolk County]. EFFECTIVE DATE: Immediate 3UDI1H T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF TOWN'~}CEERK TO~VN oF. SOUTHOSD SUFFOLK COUNTY Southold, L. 1., N. Y. 11971 TELEPHONE (516) 765-1801 June 22, 1977 Hon. I. William Bianchi, Jr. Assemblyman, Third District Assembly Chambers The Capitol Albany, New York 12224 Dear Assemblyman Bianchi: Enclosed herewith are the necessary Home Rule Request forms for a new Home Rule Message relative to Assembly Bill No. A-182?-B, and Senate Bill No. S-1461-B. Very truly yours, Judith T. Terry Town Clerk IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE HOME RULE REQUEST (Request by a Local GOvernment for Enachnent of a Special Law) To the Legislature: Pursuant to Article IX of the Constitution, the .... ToYarfl .......................................... of (county, city, town or village) ................ SouthQld ............... ~__ requests the enactment of .$e~.. bill(NoA~l~2~.-_B..._), entitled ",b~q. ecg to amend the h±ghway ].aw, ±n relat±on go ghe l±ra±gat±on o£ expend±gures on h±ghway machinery ±n certa±n gowns." 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 Ieast 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. CltlEF EXECUTIVE..OF~ICER'S SIGNATURE (chief executive officer) (Print or type name below signature) Date: (Title of chief executive officer) CLERK'S CERTIFICATION 1, JUDITH T..T.I~Y_ ............. do hereby certify that I am Clerk of the .r.o_w/l ]~O&lqd._. (print olr type name) (local legislative Dody) ........................ of the ..... ~OWrl {county, city, town or village) of ......... S0~THOLD ........... and that on the Zls't5 day of June ......., least atw°4hirds 19T7 _ , such legislative body, at ~ of the total me~nbership having voted in favor thereof, _.JUDITH..T...__TERRY INSTRUCTIONS Copies requlred: Two signed copies of this form, specifying the final bill number and title ~nust 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 reqnest fornr 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 hmne 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 nmnber 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, 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 . Town ......................................... of Senate . ......... requests ,he e.a tment entitled "~ act to ~end the highway law, in relation to the limitation of e~enditures on highway machinery in certain to~s" 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 thc 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 thc clerk of thc 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 thc local legislative body, at least two-thirds of the total membership thereof having voted in favor of such request, only the clerk of thc local legislative body must sign below. In such case use the words "two-thirds" below. CHIEF EXECUT!VF~.OF4;:ICER'S SIGNATURE (Signed) (chief executive officer) (Print or type r~ame below signature) Date: .......................... , 19 ......... (Title of chief executive officer) CLERK'S CERTIFICATION I, . ....... J'LrDITH T. TAZRRY ......... , do hereby certify that I am Clerk of thc.. .. ~ow'n. Boozed (print or type name) (local legislative body) .................................. of the . Town ................ (county, city, town or vffiagc) of .............$O. utho_!0. ......... and that on the list day of . . JLLI3.~ ....... (name) two-thirds 19 ~.7 , such legislative body, at least.~ of the total membership having voted in favor thereof, approved the foregoing request. (strikcoutone) ~ITH T. T~Y June 21 19 77 Date: ...................................... , 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: (al 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 nmst 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 thc 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: Chic/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, ~owns or villages. (Const. Art. IX §3; Municipal Home Rule Law §2) Total membership. The total voting power of a legislative body. (Municipal Ho~ne Rule Law, §§20, 40) ~UDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS K Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 June 10, 1977 Hon. I. William Bianchi, Jr. Assemblyman, Third District Assembly Chambers The Capitol Albany, New York 12224 Dear Assemblyman Bianchi: Please send the necessary forms for a new Home Rule Message relative to Assembly Bill No. A-1827-B, Senate Bill No. S-1461-B to this office at your earliest convenience. Very truly yours, Judith T. Terry Town Clerk I. WILLIAM BIANCHI, JR. Assemblyman 3rd District 25 Orchard Road East Patchogue, L.l., N.Y. 11772 (516) 654-0414 THE ASSEMBLY STATE Of NEW YORk ALBANY May 25, 1977 RECEIVED. ~AY I -1977 ~0[J/"~QI~41 ~Ja ri, Agriculture CO. MMITTEt AgrlcultureB Ways and Means Environmentsl Conservation Local Governments Mr. Albert M. Marpocchla Main Road Southhold, New York 11971 Dear Mr. Marpocchia: RE: Assembly Bill No. A-1827-B Senate Bill No. S-1461-B Unfortunately, a technical deficiency in the above proposed legislation has obliged us to make a record amend- ment to it, which necessitates a new Home Rule Message to' reflect the new bill number. (The new number, above, has a "B" rather than an "A" Suffix.) Since it is essential that we have the new Home Rule Message, please forward it as soon as possible to: sb Mr. Raymond J. Quinn Home Rule Council New York State Assembly Albany, New York 12248 Sincerely, . ~ ~' i .~i 1 l~iam~~. Member of Assembly cc: Senator B.C. Smith Martin Kerins, Assemblyman Duryea's Office STATE OF NEW YORK S. 1461 ~ A. 1827 1977-1978 Regtdat' Sessions SENATE-ASSEMBLY Januaw 18, 1977 IN SENATE--Introduced by Sen. B. C. SMITH--read twice and ordered printed, and when printed to be committed to the' Committee on Trauspor- ration IN ASSEMBLY--Introduced by M. of A. BIANCHI--Multi-Sponsored by-- M. of A. HARENBERG, HOCHBRUECKNER, McGEE, FLANAGAN, WERTZ--read once and referred to the Committee on Transportation AN ACT to amend the highway law, in relation to the limitation of expenditures on highway machinery in certain towns The People of the State of New York, represented in Senate and Aasembly, do enm',t as follows: I Section 1. SubParagraph one of paragraph a of subdivision three of section 2 two hundred seventy-one of the highway law, as separately amended by chapter~ 3 three hundred thirty-four, four hundred fifty and six hundred eighty-seven, of 4 the laws of nineteen hundred seventy-four, is hereby amended to read as follows: § [(1)] (I-a) Two hundred thousand dollars in the town of Colonie in Alhany § county, in the town of Greenburgh in Westehester county, in the town of 70range~own in Reekland county, in any town in Nassau county, in any town 8 having a population of less than forty thousand [or more] in Suffolk county, in 9 the town of Salina in Onondaga county, or in any town of the first class in Erie 10 county. 11 § 2. Paragraph a of subdivision three of section two hundred seventy-one of 12 such law is hereby amended by adding thereto a new subparagraph, to be 13 subparagraph one, to read as follows: 14 (1) Four hundred thousand dollars in any .town having a population of forty 15 thousand or more in S~ffolk county. 16 § 3. Subparagraph two of paragraph a of subdivision three of section two 17 hundred seventy-one of such law, as amended by chapter ninety-three of the laws 18 of nineteen hundred seventy-five, is hereby amended to read as follows: 19 (2) One hundred thousand dollars in the town of Bethlehem in Albany county, 20 in the towns of Camillus, Geddes, DeWitt and Clay in Onondaga county, in the 21 town of Poughkeepsie, Dutchess county, in the town of Guilderland in Albany 22 county, [in any town having a population of less than forty thousand in Suffolk 23 county] or in any town in Westchester county, except the town of Greenburgh. 24 § 4. This act shall take effect immediately. ~/76 ASSEMBLY BILL NO. SENATE BILL NO. MEMORANDUM BY: I.W. BIANCHI, JR. B.C. SMITH .AN ACT to amend the highway law, ~in relation to the limitation of ,expenditures on highway machinery in certain towns. PURPOS~ OF BILL: For Suffolk COunty only, to double the present statutory limit upon the amount a town may raise by taxes in any given year for buying or repairing certain heavy highway equipment. SUMMARY OF PROVISIONS: So provides. Law § 271.] [Doubles the figures as set forth in Highway STATEMENT IN SUPPORT: The dollar limits set forth in this statute, placing a ceiling on. amounts a town may raise in any given year for purchase or repair. of certain heavy highway equipment (other than by specially submitting the matter to the voters), have been periodically increased, on a county-by-county basis, to reflect changing needs and circumstances. There is substantial sentiment in rS~f~lk County, among the highway superintendents of its several towns and othersi.that a doubling of the present limitations applicable to towns in that county is necessary to bring the statute into accord with present needs. '~ FISCAL IMPLICATIONS: None [merely affords greater flexibility to towns in Suffolk County]. EFFECTIVE DATE: Immediate Dear TH~' '~ ~' NAT£ ~-'TATE OF NE~W YORK ALBANY Under the rules of the State Legislature certain bills require the filing of a "Home Rule Request" before their consideration by the Senate or Assembly. I have introduced one such bill and, for your convenience, have enclosed herewith a copy of this legislation, its official memorandum and an appropriate number of "Home Rule Request" forms for your use. I would appreciate your bringing this matter to the attention of your chief executive officer and your local legislative body in order that we may begin to move this bill toward enactment. Your prompt filing of the "Home Rule Request" forms, in accordance with the instructions contained therein, also would be greatly appreciated. Thanking you for your consideration and assistance, I am BCS:mjp Encl. Sinc~.r~ ly, IMpORTA~IP: READ iNSTRUCTIONS OH RI':V~IISE SIDE HOME RULE REQUEST (Request by a Local Government for Enactment of a Special Law) To the Legislature: Pursuant to Article 1X of the Constitution, the .................... T..O.__W~._ ................................................ of 1~97 ~9~h_o_ld_ .............. requests the enactment of Assembly bill(No ...... t_~_: .......... entitled" An act to amend the highway law, in relation to the limitation of expenditures on highway rnacbXnery in certain towns" It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts es,,ablishing 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 SIG1Nq[NG 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 o~ 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: ............................... , I9 .......... CLERK'S CERTIFICATION I... JUDI_.T .H.__ T.,_ .T._~.i~_~._Y._ .............. do hereby certify that I am Clerk of the_..__Tg-_~'--n----B--P-.a--r---d--- of the .............. T _o__wn .................... ........................................................ (county, Cil), :own oI village} Southold - ' ' the _.._8__~ ........ day of February , of ................................................. ano mat on ........................... 19 77 , such legislative body, at least.tw°]thi,rds of the total membership having voted in favor thereof, arpro',cr_] the foregoing request. .(strii¢outonc) Is~ o~ tOC^L (Signed ..... ......... J~L!_D!T I-I_T_.___Ttg. P~ PuY D a t e :._F__e_~ ~__u_.a.r X..9_ ............ 19_~_'/___ INSTRUCTIONS Copies required: Two signed copies of this form, specifying the final bill number and title must be filed of the L~gislature. with each House Examples: (a) If the bilI has been introduced in only one House of the Legislature, four cop~es 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 ma), 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 supervisom; 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 esot applies to one or more, bu: not all. counties (other than those wholly included within a city) cities, towns or villages. (Const. Art. IX ~3; Mun c pal Home Rule Law §2) Total membership. The total voting power of a legislative body. (Municipal Home Rule Law, §§20, 40) HOME RULE REQUEST (Request by a Local Government for Enactment of a Special La,*') To the Legislature: Pursuant to Article IX of the Constitution, the ............ _T._o__.w~ ......................................... Senate bill(No.....~..~.~..1 ........... ). .................... ~?_u_._t._h.°?Td ..................... requests the enactment of..ai~._,~w~~ entitled" An act to amend the highway law, in relation to the limitation of expenditures on highway machinery in certain towns" 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) r~ The local legislative body of such local government, at least two4hirds of the total memb::rship thereof having voted in favor of such requesL (See paragraph B below) READ BEFORE SIGNING A. If the request is made by the chief executive offacer 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 tmal 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. CIIIEF EXECUTIVE OFFICER'S SIGNATURE (Signed) ........................................................... Date: ................................ , 19 .................................................................. CLERK'S CERTIFICATION : .......gE.PATg_._T._,...T_E__R__gX.___.: ........ do hereby certify that I am Clerk of the__.T_~3Y-n-_.~..Q-~-rd of the ................ ]~.o_ }v..n_ .............................. . Southold a ' that on the ___._~_t;___h___ ....... da)' of Februar2 two-th rds 19. 77 , such legislative body. at leasta . of the total membership ha;_,ng voted in favor approved the foregoing request. (strike out on~) INSTRUCTIONS Copies required: Two signed copies of this form, specifying the final bill number and title must be filed with each House of Gqe 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: Chic/executive o~cer. 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 (Coast. 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 Lag, 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 Southold, L. I2, N. Y. 11971 TELEPHONE (516) 765-1801 February 27, 1978 Hon. I. William Bianchi, Jr. New York State Assemblyman Assembly Chambers The Capitol Albany, New York 12224 Dear Assemblyman Bianchi: Transmitted herewith are copies of the necessary Home Rule Request forms for a new Home Rule Message relative to Assembly Bill No. 1827-B and Senate Bill No. l~61-B relative to "AN ACT to amend the highway law, in relation to the limitation of expenditures on highway machinery in certain towns." The original Home Rule Request forms have been sent to Assembly Home Rule Counsel and Senate Home Rule Counsel this date. Very truly yours, Judith T. Terry Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS K $outhold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 February 27, 1978 Home Rule Counsel Assembly Post Office The Capitol Albany, New York 12224 Dear Sir: Enclosed herewith are the necessary Home Rule REquest forms for a new Home Rule Message relative to Senate Bill 1461-B and Assembly Bill 1827-B. Very truly yours, Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS K Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 February 27, 1978 Home Rule Counsel Senate Post Office The Capitol Albany, New York 12224 Dear Sir: Enclosed herewith are the necessary Home Rule Request forms for a new Home Rule Message relative to Senate Bill 1461-B and Assembly Bill 1827-B. Very truly yours, Judith T. Terry Town Clerk ' IMPORTANt: READ INSTRUCTIONS ON REV ERSE 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 ............. r01/~' .................................................. of ............. SO[IT_HOI.D .......................... requests the enactment of .S~,, b Il(No...~_8.~__-_B _ _. ), (name) .q, ssemmy · entitled" AN ACT to amend the highway law, in relation to the limitation of expenditures on highway machiner3r in certain towns. 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 followiug "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 maiority 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 lhe 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: CLERK'S CERTIFICATION I ........ JudJ~_th T..._.T~rz'y _ , do hereby certify that I am Clerk of the _ ___Tram_ Board ............................................ of the .............. TO~J~ .......................... of .............~.Q.1J. tho~!:l_ ....................... and that on the _. ~.~rd.__ day of F~blTLla, Z~ .......... 19_. ~ , such legislative body, appr~ve(~ t~ foregoing request. / ~' t,-',') i. ",',: two-thirds at least~ . . of the total membership having voted in favor thereof, 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 flied, 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 tho Assembly bill. Date of requeat: The signing of a home rule request or the adoption of a resolution by the local legislative body approv- ing such request caunot precede the date un 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) 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: Ilome Rule Counsel Assembly Post Office The Capitol Albany, N. Y. 12224 Definition of terms: Chie~ executive o~cer. 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 (n/or 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 jurisdicfion'~0'initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2) Local government. A county, city, town or village (Cunst. 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, 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 .................... .~0~ .........................................o! ....................................................... Senate . '. SOT~HOLD{r~me, requests the enactment of,~l[ btll(No. entitled" AN ACT to amend the highway law, in relation to the limitation of expenditures on highway machinery in certain towns. 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 maiority 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) ................................. Date: ......................... , 19 ...... CLERK'S CERTIFICATION I .......... Jud_iSh _r_. __W~._I~_ .... , do hereby certify that I am Clerk of the__ __~__O.__W~_ ........................................................... of the ..... ~0_~ ........................................... of ............................... .S_ _ou_~h_ol~ ................... and that on the . 2_~.~_d. ...... day of _____F_e_b _~_..a_L'y_ _ two-thirds T~._~. ', PStu~h legislative body, at least~ilji:~i~ ~pproved the, foreg6in~ request. (strike out one) of the total membership having voted in favor thereof, INSTRUCTIONS Copie~ required: Two signed copies of this form, specifying the final bill :lumber 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 requesl 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 fom~ musl be flied, i.e., twc 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 thc date on which the bill is actually introdu~d in the Legislature. In the ease of preffied hills, the actual date of introduction is the first day of the legislative session, The request 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 new request must correctly identify the bill number as last amended. The signing of the request, and the date of the supporting resolution, caunol precede the date of the amendment. Transmlttal: 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 Posl Office The Capitol Albany, N. Y. 12224 Definition of terms: Chie! executive ol~cer. In the case of a county, the elective or appointive chief executive office:, if there be one, or otherwise the chairman of the board of supervisom; 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 supervisom~ board of aldermen, common counc~, council, commission, town board, board of trustees or other elective governing board or body vested by state statute, charter or other law with jurisdiction t~ 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 Ihose wholly included within a city) cities, towns or villages. (Const. Art. IX §3; Municipal Home Rule .L.aw §2) Totalmembership. ff~:, t, ~ ' [ [t~ The total voting power of a legislative body. (Municipal Home Rule Law, §§20,~0~ · ~ ,~. f~ x~ !..:'?. I. WILLIAM BIANCHI, JR. Assemblyman 3rd District 25 Orchard Road East Patchogue, El., N.Y. 11772 (516) 654-0414 THE ASSEMBLY. STATE OF NEW YOrK ALBANY Chairman, Agriculture · COMMITTEES ~ Agriculture RECEIVED ~ ways and Means Environmentcl Conservation Local Governments FEB ] t978 February 8, 1978 {~'v~ 1_d t Highways in the Towns of To: Super ors and Superint~n en s of Babylon, Huntington, Islip, S~ithtown, Southampton, Southold and Brookhaven Once again we are going to try to have legislation passed which would amend the highway law in relation to the limitation of expenditures on highway machinery in certain towns. As you know, seven of the ten towns in Suffolk County want this provi- sion. Enclosed please find 8 copies of the home rule request form, Please follow the instructions under example (b) on the back of the blue form. If you have any questions regarding the form, please call me at (516) 654-0414. Please send me a photostatic copy of your Home Rule ~essage when you send it to the Home Rule Counsel so that I may record it in my files. Sincerely, ,,,~ /, I.' William Bianchi, Jr. ~ember of Assembly '× Enclosures nw STATE OF NEW YORK S. 1461-B A 1827-B 19'J~-1978 Rofulsr Sessions SENATE--ASSEMBLY January 1B, 1977 IN SENATE-'lntroduccd by Sen B. C. SMITH-read twice and ordered printed, and when printed to be committed to the Committee on Transportation-committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee-committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY-Introduced by M. of A. BIANCHI-Multi-Sponsored by- M. of A. HARENBERG, HOCHBRUECKNER, McGEE, FLANAGAN, WERTZ-read once and referred to the Committee on Transportation-reported and referred to Committee on Ways and Means-committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee-again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the highway law, in relation to the limitation of expenditures on highway machinery in certain towns The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subparagraph one of paragraph a of subdivision three of section two 2 hundred seventy-one of the highway law, as separately amended by chapters three 3 hundred thirty-four, four hundred fifty and six hundred eighty-seven of the laws of 4 nineteen hundred seventy-four, is hereby amended to read as follows: 5 (1) Two hundred thousand dollars in the town of Colonic in Albany county, in the 6 town of Greenburgh in Westchester county, in the town of Orangetown in Rockland 7 county, in any town in Nassau county, in [any town having a population of forty 8 thousand or more] the towns of Southold and Southampton in ISuffolk county, in the 9 town of Sa[ina in Onondaga county, or in any town of the first class in Erie county. 10 § 2. Paragraph a of subdivision throe of section two hundred seventy-one of such 11 law is hereby amended by adding thereto a new subparagraph, to be subparagraph 12 one-a, to read as follows: 13 (I-a} Four hundred thousand dollars in the towns of Babylon, Brookhaven, 14 Huntington, Islip and Smithtown in Suffolk county. § 3. Subparagraph two of paragraph a of subdivision three of section two hundred 2 seventy-one of such law, as amended by chapter ninety-three of the laws of nineteen 3 hundred seventy-five, is hereby amended to read as follows: 4 (2) One hundred thousand dollars in the town of Bethlehem in Albany county, in 5 the towns of Camlllus, Geddes, I)eWitt and Clay in Onondaga county, in the town of 6 Poughkeepsie, Dutehess county, in the town of Guildertand in Albany County, in [any ' 7 town having a population of less than forty thousand] the towns of Riverhead, East 8 Hampton and Shelter Island in Suffolk county or in any town in Westchester county, 9 except the town of Greenburgh. 10 § 4. This act shall take effect immediately. MEMORANDUM 2/8/78 Assembly Bill No. A.1827-B Senate Bill No. S.1461-B By: I. William Bianchi, Jr. By: Bernard C. Smith AN ACT to amend the highway law, in relation to the limitation of expenditures on highway machinery in certain towns. Purpose of Bill: For seven of the ten towns in Suffolk County to double the present statutory limit upon the amount a town may raise by taxes in any given year for buying or repairing certain heavy highway equipment. (The three towns not affected are: Riverhead, East Hampton, and Shelter Island.) Summary of Provisions: So provides. (Doubles Law ~271.) the figures as set forth in Highway Statement in Support: The dollar limits set forth in this statute, placing a ceiling on amounts a town may raise in any given year for purchase or repair of certain heavy highway equipment (other than by specially submit- ting the matter to the voters), have been periodically increased, on a county-by-county basis, to reflect changing needs and circumstances. There is substantial sentiment in these seven towns in suffolk county, among the highway superintendents of the several towns and others, that a doubling of the present limitations applicable to the towns is necessary to bring the statute into accord with present needs. Fiscal Implications: None. (Merely affords greater flexibility to the seven Suffolk County towns affected.) Effective Date: Immediate. J. Raymond Oulnn Home Rule Counsel THE ASSEMBLY " STATE OF NEW YORK ALBANY June 8, 1977 }~.OTO: Hon. I. William Bianchi F~fkM: J. Raymond Quinn SUBJECT: A-1827-B This is to inform you that your bill No.A.-1827-B , amended on June 3, 1977 REQUIRES A HOME RULE REQUEST FR~M: County (ies) of City (ies) of Town(s) of ..SEE BELOW Village (s) of BABYLON, BR00KHAVEN, HUNTINGTON, ISLIP, SMITHTOWN, SOUTHOLD & Printed forms for Hcm~ Rule R~ques~s may be obh-~'~ned at the Assembly Journal Clerk's Office (P~x~ 437 Capitol). Under the Joint Rules of the Senate and Assembly 4 signed copies of the Hawe Rule Request form are required for this Assembly bill. Two copies for the Senate should be sent to 5~. ~a~m~n Room 415, Capitol, and the other 2 copies for the Assembly should be sent to Mr. Quinn, Room 436, Capitol. SOUTHAMPTOE J~Q/pr JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAl. STATISTICS Southold, L. 14 N. Y. 11971 'tELEPHONE (516) 765-1801 February 27, 1978 Hon. I. William Bianchi, Jr. New York State Assemblyman Assembly Chambers The Capitol Albany, New York 1222~ Dear AssemblymanBianchi: Transmi~tedherewith are cspies of the necessary Home Rule Request forms for a new Home Rule Message relative to Assembly Hill No. 1827-B and Senate Hill No. 1461-B relative to "AN ACT.to amend the highway law, in relation to the limitation of expenditures on highway machi~ery in certain towns." The original Home Rule Request forms have been sent to Assembly Home Rule Counsel and Senate Home Rule Counsel this date. Very truly yours, Judith T. Terry . Town Clerk JUDITH T. TERRY TOWN CLOAK REGtSTKAR OF VITAL STATI~TI~ Southold, L. I., N. Y. 11971 T~LEP~OI~E ($16) 765-L801 February 27, 1978 Home Rule Counsel Assembly Post Office The Capitol Albany, New York 12224 Dear Sir: Enclosed herewith are the necessary R~me Rule' REquest forms for a new Home Rule Message relative to Senate Bill 1461-Band Assembly Bill 1827-B. Very truly yours, Town Clerk JUDITH T. TERry TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 '- 'I'ELEPH'ONE · ($1~) 76548O1 February 27, 1978 Home Rule Counsel Senate Post Office The Capitol Albany, New York 12224 Dear Sir: Enclosed herewith are the necessary Home Rule ~q~.~st_fo_.r~__f_oF_~ ~ew Home Rule Message relative o~na=e nx±l l~5±-B and Assembly Bill 1827-B. Very truly yours, Judith T.' Terry Town Clerk Ho ] a tE R : E E (Requ~t by a Local Government for Enactment 0f a Special Law) To the Legislature: Pursuant to Article 1X of the Constitution, t~ ...................... ~Q~ ...................... ~__: ...... ................... ~.0~LD ........................... requests th~ enactment of (na~) As~mbly .............. cntitl~" ~ AC~ ~o ~en~ ~he hkghway Zaw~ ~n ~e~a~kon limitation of e~endi~s on highway mach~e~ in certain to~s. It is hereby declared that a necessity exists for thc enactment of such legislation, and that the fac~ 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 sufiicient, 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 the chief executive officer and concurred in by a majority of the total mem- ber-ship 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 ease use the words "two-thirds" below. Date: ..................... CHIEF EXECUTIVE OFFICER'S SIGNATURE (Signed). CLERK'S CERTIFICATION ..... ....... ~_u0.k~;h __~.__.~_~r~'3J'. ................ do hereby certify that I am Clerk of I, ............................................................................. of thc ................. TOWl3. ......... ................ BQu~._h.Q~__~t ..................................... and that on the ..._2~_d___ day of (name) ...... · two-thirds 19_. 7..~:_, such legislative body, at easts . . of the total membership having voted in favor thereof, Judith T. Te2-~-y Two si~cd ~pics of ~ fo~ s~ing ~c final bill numar and rifle must be filed wi~ each ' Examples:. I.~7 , .';;~ "~ 5;": 5. - -- (a) ~ ~e b~ h~ ~w:~u~ M only one House of ~c ~sla~rc,. fo~ fo~ m~t ~ ~, i.e., ~o ~ ~e ~nate ~d (b) If ~c idanfi~ b~ h~n ~u~d ~ both Ho~es, ci~t ~pies of ~c request fo~ ~ ~, i.e., ~o ~ ~e Senate ~d ~o wi~ ~c A~mbly for for ~c ~mbly b~./,, ~ ~c m~g o[ a home talc ~qu~t or ~e adoption of a ~lufiun by ~c I~ Ic~slafivc ~dv aoorov2 * mg such mqu~t c~ot pmmde ~c da~. un w~ch ~c b~ ~ acm~ly of p.~ bills, ~e ~ da~ Of ~U~ucfion h ~ ~t day of si~ or ~e ~lufion adop~ ~e s~e day ~. ~c dam of ~ucfion. ' ' · c sup~g ~lufion, c~ot p~e ~e date of ~e ~endmcnt Transmh~ah .... The sig~ed forms ~ould be sent as follows: ': ' To the Senatei' 7'7' ~ ."'~' Home Rule Counsel . Senate Post office The Capitol -- Albany, H. ¥. 12224 Definition of terms: Chief executive officer. To the Assembly: Home Rule Counsel Assembly Post Office Tl~ Capitol Albany, N. Y. 12224 Tn thc case of a county, the elective or appointive chief executive officer, if there be ~ne, or otherwise the ehalrmun of the beard of supervisors; in the ea~ of a city or village, the mayor (not manager); and in thc cas~ of a town. the supervisor. (Municipal Home Rule Law §40) /_ . . Loca~ legidati~ body. : .... ...... : ............ ::~.'-z,.c~:.: ...... , . ~;:_ Thc board ol supervisors, ~oard of aldermen, common council, council, commi~sina, town board, board .... of trustees or other elective governing board or body vested by state statute, chaxtar or other law with ' 'fjurlsdiction to inifiato and adopt local laws or ordinances. (Municipal Home Rule L~w §2) - '- Localgover~m~ent.- ' : '- ' J' '-: ~'"'2 % -- '": "...-"?'. ~ :....;.'" !. ,'~ A county, city, town or village (Coost Art. IX. §3; Municipal Home Rule Law.§2) Special law A state statute wkich in terms and in effect applies to one or more, but not all, counties (other than those wholly included within a city) cifics~ towns or villages. (ConSL Art. IX §3; Municipal Home Rule Law §2) Total membership. - The total v°fing ywet Of a legislative' bTy';" (Munjlpal H°me Rule Law' §§20' 4~)'~ '~'l ~I"'~/ ' [ ' 1'~"~'~%7..~. ) - ; ";' IMPORTA~READ INSTRUCTIONS ON REVE~ SIDE ': · ~'- '.- : ~",:'.: ..,- , · ; ~ :,.~.. . .... . . - ,. ,..~ .. i!:i?< HOME RULE· REQUEST ~: :'~ ' (Requ~t by a Lo~al Government for Enactment of a Special Law) To t~e Legislature: '' Pursuant to A~ic]e IX of the Constitution, t~ ~0~ . ~nate .... 1461 B _ '-. ........ $9_~_g9_~ ............................. request, th~,~actm~,t o~ nmt~o ........ 7_= ....... ~ . entifl~" ~ AC~ ~o ~en& ~he ~ghway ~aw, ~n ve~a¢~on ~o ~a¢~on o~ e~en~es on hXg~way maeh~ne~ certa~ to~s. It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts' establishing such necessit~ 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 m~m- 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. Date: ....... CHIEF EXECUTIVE OFFICER'S SIGNATURE CLERK'S CERTIFICATION ~., -. ' ~ Caam*) two-thirds 19/'~.__~.~ [s~u~h l.eg~'~lative body, at leasta~igilj~~ I--.', I ............... JL)._ .d_._i.~..h_._.T..,_ T_.e_~'K~ ................ do hereby certify that I am Clerk of the .... T_o__wO.. __~.Q.~3"_d_ ........................................................................ ' of the Towz~ of .............................. .S..ou_.$ho.!.d. ................... a.d that oa the __~_3r_d_ ..... day of __¥__~_h_~__a-~_ ...... of the total membership having voted hi favor thereof, Two si~ed. ~pies of ~is fo~, a~c~g ~e ~al bill number and fi~e must be fil~ ~i~ each Hou~ Examples: ?~¢,/. ' "" ...... ' "'~"-:-' (a)K me' bm h~ ~en M~u~d ~ oMy ~;e fi0u~ of ~ ~slamre, fodr'~ple';:ot'~, request [o~ must ~ ~ed, i.e., ~o wi~ ~c ~nate ~d ~o wi~ ~e A~embly. ' ' (b) If ~e identical b~ h~ ~en ~u~d M both Ho~s, ei~t ~ples of ~ ~, i.e., ~o wi~ ~e ~nate ~d ~o wi~ ~e ~mbly for ~e for ~e ~mbly b~. _ ~ Dat~ of r~u~t: ~ si~Mg of a homo ~e ~q~st or ~ adoption of a m~lufion by ~e 1~ le~lafive ~g such request c~ot pre~e ~e da~ on w~h ~e b~ is acma~ ~u~ ~. of pr~ed b~l~ ~* acm~ dat* of ~ucfion is ~ ~st day o[ ~e le~lafi~* ~i~ed o~ ~e ~lufion adopted ~ ~m~ day ~ ~ ~to o[ ~end~ bills: '" "':'-' Each t~o ~a b~ ia mended a new request m~t ~ ~ed (wi~ ~ app~pfia~ numar of ~piea} new ~quest m~t ~fly iden~ ~e b~ numar ~ l~t mended. ~a si~Mg of ~e..r~quesg. ~d ~¢.: da~ of · e sup~g ~lufion, ~ot p~de ~ da~ of ~e T~n~t~l: ~c ai~ fo~s should ~ ~t ~ fo~ows: ........... To the Se~te: -~'"-' To ~ 3ssembIy: . : - : ~ Sena~ P~t ~ A~mbly Post 0~ " ~ ~pltol ~ ~pitol . ~b~y, N. Y. 12224 ~b~y, N. Y. 12224 : ... te~.. . - Chiel executive o~cer. :~ ,: . ch~ of ~e ~a~ of su~; ~ ~c c~ of a d~ or v~ag~, ~ mayor (not m~agcr); and ~e c~ of a ~, ~e su~r. (M~icipal Homo R~o ~w 140) ...........,., .. . ~al leg' ' b~: ................... ~ board o[ ~u~'~a~ o~ ~demen, ~on ~, ~c~, ~m~ion, o~ ~s~ or o~er ~lecfivo gow~g ~ard or ~7 v,sted b7 ~m~ ~mm~, ~al government. - ....... A count, ci~, to~ or ~age (ConsL ~ ~, ~3; M~icipal Home Rule Law ~2) A state smm~ wMch ~ te~s ~d M effect apples to one or more, but not ~, counties (o~er ~an wholly ~cluded ~ a ci~) cities, to~s or ~ages. (~nst. AR. ~ ]3; Municip~ Home RM~ ~w 12) ~e ~tal votMg ~wer of a le~lafive ~y. (M~icip~ Home Rde Law, ~}20,,~0)' / I. WILLIAM BIANCHI, JR. Assemblyman 3rd District 25 Orchard Road East Patchogue, L.l., N,Y. 11772 (516) 654-0414 THE ASSEMBLY. STATE OF NEW YOrK ALBANY Chairman, Agriculture ,~ COMMITTEES :! Agriculture RECEIVED f w, vs and Means · Er, vironment;I Conservation # Local Governments 1. !978 February 8, 1978 ~'-~ ' ~d t of in To: Super ors and Superlnte23 en s Highways the Towns of Babylon, Huntington, Islip, S~ithtown, Southampton, Southold and Brookhaven Once again we are going to try to have legislation passed which would amend the highway law in relation to the limitation of expenditures on highway machinery in certain to~ns. As you know, seven of the ten towns in Suffolk County want this provi- sion. Enclosed please find 8 copies of the home rule request form. Please follow the instructions under example (b) on the back of the blue form. If you have any questions regarding the form, please call me at (516) 654-0414. Please send me a photostatic copy of your Home Rule Message when you send it to the Home Rule Counsel so that I may record it in my files. Sincere£y, ~,~ ,% / / ~ i ~1 1/ ~,i . ..~ ~./William Sianch~, Jr. Nember of Assembly Enclosures nw STATE OF NEW YORK S. 1461-B A 1827-B 1977-1978 Rofulm* Sessions SENATE--ASSEMBLY January18,1977 IN SENATE'Introduced by Sen B. C. SMITH-read twice and ordered printed, and when printed to be committod to the Committee on TranspOrtation-committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee-committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY-Introduced by M. of A. BIANCHI-Multi-Sponsored by- M. of A. HARENBERG, HOCHBRUECKNER, McGEE, FLANAGAN, WERTZ-read once and referred to the Committee on Transportation-reported and referred to Committee on Ways and Means-committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee-again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the highway law, in relation to the limitation of expenditures on highway machinery in certain towns The People of the State of New York, represented in Senate and Assembly, do enact as follows: I Section 1. Subparagraph one of paragraph a of subdivision three of section two 2 hundred seventy-one of the highway 'law, as separately amended by chapters three 3 hundred thirty-four, four hundred fifty and six hundred eighty-seven of the laws of 4 · nineteen hundred seventy-four, is hereby amended to read as follows: $ (1) Two hundred thousand dollars in the town of Colonic in Albany county, in the 6 town of Greanburgh in Westchester county, in the town of Orangatown in Rockland 7 county, in any town in Nassau county, in [any town having a population of forty 8 thousand or more] the towns of Southold and Southampton iniSuffolkcounty, in the 9 town of Saiina in Onondaga county, or in any town of the first class in Erie county. 10 § 2. Paragraph a of subdivision three of section two hundred seventy-one of such 11 law is hereby amended by adding thereto a new subparagraph, to be subparagraph 12 one-a, to read as follows: 13 {l~a] Four hundred thousand dollars in the towns of Babylon, Brookhaven, 14 Huntington, lslip and Smithtown in Suffolk county. SA § 3. Subparagraph two of paragraph a of subdivision three of section two hundred 2 seventy-one of such law, as amended by chapter ninety-three of the laws of nineteen 3 hundred seventy-five, is hereby amended to read as follows: 4 (2) One hundred thousand dollars in the town of Bethlehem in Albany county, in 5 the towns of Camillus, Geddes, DeWitt and Clay in Onondaga county, in the town of 6 Poughkeepsie, Dutchess county, in the town of Gu~derland in Albany county, in [any ' 7 town having a population of less than forty tho}lsand] the towns of Riverhead, East 8 Hampton and Shelter Island in Suffolk county or in any town in Westchester county, 9 except the town of Greenburgh. I0 § 4. This act shall take effect immediately. MEMORANDUM 2/8/78 Assembly Bill No. A.1827-B Senate Bill No. S.1461-B By: I. William Bianchi, Jr. By: Bernard C. Smith AN ACT to amend the highway law, in relation to the limitation of expenditures on highway machinery in certain towns. Purpose of Bill: For seven of the ten towns in Suffolk County to double the present statutory limit upon the amount a town may raise by taxes in any given year for buying or repairing certain heavy highway equipmentl (The three towns not affected are: Riverhead, East Hampton, and Shelter Island.) Summary of Provisions: So provides. (Doubles the figures as set forth in Highway Law S271.) Statement in Support: The dollar limits set forth in this statute, placing a ceiling on amounts a iowa may raise in any given year for purchase or repair of certain heavy highway equipment (other than by specially submit- ting the matter to the voters), have been periodically increased, on a county-by-county basis, to reflect changing needs and circumstances. There is substantial sentiment in these seven towns in Suffolk County, among the highway superintendents of the several towns and others, that a doubling of the present limitations applicable to the towns is necessary to bring the statute into accord with present needs. Fiscal Implications: None. (Merely affords greater flexibility to the seven Suffolk County towns affected.) Effective Date: Immediate. J. Raymond Oulnn Home Rule Counsel THE ASSEMBLY STATE OF NEW YORI~ ALBANY TO: Honk I. William Bianchi n~:. J. ~d ~ June 8,. 1977 SUB3ECT: A-1827-B This is to informyouthat your bill NoS.-1827-B ~.amendedon June 3, 1977 PdDQUIRESA HOME RULEREQUESTFROM: · County (les) of City (les) of Town(s) of ..SEE BELOW Village(s) of BABYLON, BROOKHAVEN, HUNTINGTON, ISLIP, SMITHT0WN, SOUTHOLD & SOUTHAMPTON Printed forms for Hc~e Rule R_~quests may he obtained at the Assembly Journal Clerk's Office (_Room 437 Capitol). Under the Joint Rules of the Senate and Assembly 4 signed oopies of the }{c~e Rule Request fonm are rec~,{red for this Assembly bill. Tw~ copies for the Senate should be sent to ~. ~axman Poem 415, Capitol, and the other 2 copies for the Assa~'oly should he sent ~o ~r. Quinn, Room 436, Capitol. J~Q/pr JUDITH T. TERRY TOWN CiERK REGISTRAR OF V~TAL STATISTICS K Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 May 31, 1978 Hon. I. William Bianchi, Jr. New York State Assemblyman Assembly Chambers The Capitol Albany, New York 12224 Dear Assemblyman Bianchi: Transmitted herewith are the necessary Home Rule Request forms for a new Home Rule Message relative to Assembly Bill No. 1827-C and Senate Bill No. 1461-C relative to "AN ACT to amend the highway law, in relation to the limitation of expenditures on highway machinery in certain towns." Very truly yours, Judith T. Terry Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS K Southold, L. 1., lq. Y. 11971 TELEPHONE ($16) 765-1801 May 31, 1978 Rome Rule Counsel Assembly Post Office The Capitol Albany, New York 12224 Dear Sir: Enclosed herewith are the necessary Home Rule Request formS for a new Home Rule Message relative to Senate Bill 1461-C and Assembly Bill 1827-C. Very truly yours, Judith T. Terry Town Clerk ~JDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS K Southold, L. I., N. Y. 11971 TELEPHONE (516) 76~-1801 May 31, 1978 Home Rule Counsel Senate Post Office The Capitol Albany, New York 12224 Dear Sir: Enclosed herewith are the necessary Home Rule Request forms for a new Home Rule Message relative to Senate Bill 1461-C and Assembly Bill 1827-C. Very truly yours, Judith T. Terry Town Clerk STATE OF NEW YORK S. 146:1-C A. 1827-C 1977-1978 Regulo, x* Sessions SENATE-ASSEMBLY January18, 1977 1 2 3 4 5 6 7 8 9 10 IN SENATE--Introduced by Sen B. C. SMITH--read twice aad ordered printed, and when printed to be committed to the Committee on Transportation--committee discharged, bill amended, ordered reprinted a~ amended and recommitted to said committee--committee discharged, bill amended, ordered reprinted as amended and recommitted to said committc~-recommitt~ to Committee on Transportation in accordance with Senate Rule 6, scc. 8--committee discha'rged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY--Introduced by M. of A. BIANCHI--Multi-Sponsored by-- M. of A. HARENBER(L HOCHBRUECKNER, McGEE, ~LANA(,AN, WERTZ--read once and referred to the Committee on Transportation-- reported and referred to Committee on Ways and Means--committee dis- charged, bill amended, ordered reprinted as ~mended and recommitted to s~id committee--again reported from said committee with amendment.% ordered reprinted as amended and recommitted to said committee-- reported and referred to Committee on Rules--committee discharged, bill amended, ordered reprinted as amended and recommitted to s~id committee AN ACT to amid the highway law, in relation to tho limitation of expenditures off highway machinery in certain towns The P~ople ~f the Stat~ of New York, represeated in Senate and Assembly, do enact as follows: Section 1. Subparagraph one of paragraph a of subdivision three of section two hundred seventy-one of the highway law, as amended by chapter seven hundred thirty-three of the laws of nineteen hundred scventy-scven, is hereby amended to read as follows: (1) Two hundred thousand dollars in the towns of Colonis and Bethlehem in Albany county, in the town of Greenburgh in Westehaste~ county, in the town of Orangetown in Rockland county, in any town in Nassau county, in [any town having a population of forty thousand or morel the towas of ,Southotd and $outhamption in Suffolk county, in the town of Salina in Onondaga county, or in any town of the first class in Erie county. F.~.I'I,A~ATI()N--MadMr in ~ in M~; mom in kaekeM [] ~ oM bm w be emitted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 35 37 38 9 4O 41 42 43 44 45 47 49 5O 51 52 53 55 S. 1461-C--A. 1827-C 2 § 2. Paragraph a of suhdivision three of ~,ction two hundred seventy-one of such law is hereby mnended hy adding thereto a new suhparagmph, h~ he sulq)aragraph one-a, to n'a(t ~ k)llows: (I~) Fo~ hu~red tM~and dolors in &e tow~q of Babylon, Bmok~ren, Hunti~ton, lslip a~ Smithtown in Suffolk county. ] 3. Suhpar~raph two of par~raph a of subdivimn three of ~etion two hundred seventy-one of such law, as amended hy chapter ~ven hundn,d thirty- thwc of the laws nf nineteen hundred seven-seven, is hereby amended ~ mad t;~ h~llaws: (2) One hundred'thousand dollars in the towns of Camillus, (l{~ldes, l)eWitt and ('lay in Onondt~a county, in the town of Pnughk~,psie, Dutehe~a cotmty, in thc town of (luihh'rland in Allumy (~unty, in [any ~wn having a i~qmlation of le~s than forty thousand] t~ ~wns of Riverhead, East Hampton and Nhel~r Isla~ in Suffnlk county or in any town in WesWhester county, except the town of (;reenhurgh. ~ 4. This tu~t shall take eff{~t immediaWly. STATE OF NEW YORK A. 1827-C S. 1461-C , 19?7-19?SRes, ularSes~ons SENATE-ASSEMBLY' January18, 1977 IN SENATE--Introduced by Sen B. C. SMITH--read twice abd ordered printed, and when printed to be committed to the' (~omrnittee on Transportation--committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee--committee discharged, bill amended, ordered reprinted as amended and recommitted to said committec--recommitted to Committee on Transportation in aeeordanee with Senate Rule 6, sec. 8--committee discharged, bill amended, ordered reprinted as amended anti recommitted to said committee IN ASSEMBLY--Introduced by M. of A. BIANCHI--Multi-Sponsored by-- M. of A. HARENBE~LG, HOCHBRUECKNER, McGEE, FLANAGAN, . WERTZ--read once and feral, fred to the Committee on Transportation-- reported and referred to Committee on Ways and Means--committee dis- charged, bill amended, ordered reprinted as amended and recommitted to said committee--again reported from ~id committee with amendments, ordered reprinted as amended and recommltted to said committee-- reported aed referred to Committee on Rules--committee discharged, bill amended, ordvred reprinted as amended and rccommitted to said committee AN ACT to amond the highway law, in relation to the limitation of expenditures on highway machinery in certain towns The People of the State of New York, represented in Senate and Assembly, do enact as follows: SeCtion 1. Subparagraph one of paragraph a of subdivision three of section two 'hundred seventy-one of the highway law, as amended by chapter seven hundred thirty-three of the laws of nineteen hundred.seventy-seven, is hereby 4 amended to read as follows: 5 (1) Two hundred thousand dollam in the towns of Colonie and Bethlehem in § Albany county, in the town of Greenburgh in Westeheeter county; in the town 7 of Orangetown in Rockland county, in any town in Nassau county, in [any town 8 having a population of forty thousand or more] the towns of Southold and 9 $outhamption in Suffolk county, in thc town of 8alina in Onondaga county, or in l0 any toWn of the first cla.~s in Erie county. EXPI~ANA'rI()N--Mat~' in/~rJ b MW; mo,m* in I~*~c,l.,l. [].b oki law m be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 32 34 35 37 38 39 41 42 43 44 47 48 49 5O 51 52 53 55 S. 1461-(!--A. 1827-C 2 § 2. Paragraph a of subdivision three of section twn hundred seventy-one of such law is hereby amended by adding theretn a new sobparagraph, tn be sohpamgraph one-a, to read a.s follows: (l-a) Four hundred thousand dollars in the towns of Babylon, Brookhaven; Huntington, lslip and Smith{own in Suffolk county. § 3. Subparagraph two of paragraph a of suhdivimn three of ~etion twn hundred seventy-one of such law, as amended by chapter ~ven hundred thirty- three nf the laws of nineteen hundred seven-seven, is hereby amended to Ivtul tt~ follows: (2) ()ne hundred thnusand dnllars in the towns of (!amillus, (l(~tdes, l)i, Witt and (!lay in Onondaga county, in the town of Pnughkeepsie, l)n~he,~a county, in the tnwn of Guilderland in Albany county, in [any town having a Isqmh[tion of less than fl~rty thousand] the towns of Riverhead, East Hampton and Shelter Island in Sufh~lk county or in any town in Westehester cnunty, except the town of (;reenlmrgh. § 4. This set shall take elf{et immediately. IMPORTANT:I PI AD INSTRUCTIONS ON REVERSE 'IDE 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 ............... (county, city, town or village) SOUTHOLD .............................................................. requests the enactment of Assembly bill(N°'l'8--2 7z-C- ...... )' entitled "AN ACT to amend the highway law, in relation to the limitation of expenditures on highway machinery in certain towns. 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. .OP$ICER'S SIGNATURE Date: ............................. , 19 ................................................................... CLERK'S CERTIFICATION I, . ......... ~_u._~._J:_.~_h_ _ '~__,_.__~.o__r_ry ............... do hereby certify that I am Clerk of the__ .'~_QwrL_.B_o~r_d ..... Town ....................................................................... of the ................................................................. of ........... $outhold ............................ and that on the .._ _31S. L__ day of ...... ~y ............ , 19_ 7_8_.., such legislative body, at leastatw°-thirds of the total membership having voted in favor thereof, approved the foregoing request. f i,.,o?,,, D ate:.._x~:2:_ May 19__7_8__ 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 intrndueed 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 eaunot precede the date on which the bill is actually introduced in the Legislature. In the ease 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. 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, bi. 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 otbenvise 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, tows 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 t~rdinances. (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) 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 ........ ~.0_~,1' ............................................... ot ............... ~0~0~ ........................ requests lhe enactment of '~--~.~e~t~bill(No..~'~-~----~ ...... entitled"AN ACT to amend the highway law, in relation to the limitation of expenditures on highway machinery in certain towns. It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity arc 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 loca/ 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. .OF4alCER'S SIGNATURE Date: ......................... , 19 CLERK'S CERTIFICATION I, Judith T. Terry do hereby certify that I am Clerk of thc_.__T_?_-w~---___---~--_-a-r-d-__-- Town ................................................................. of the ............................................................ 31st ............... of ............... S-°U-'gh~l~- .......................... and that on the ............... day of l~:~y ......... , leastatw°-thirds of the total membership having voted in favor thereof, 1978 ..... such legislative body, at approved the foregoing request. (strikeoutone) Date:__ 7_--M--a- ____3.:_i._, _ 19___7__~___ '~, i '/~'Ii . !~. %// Judith.- T_ __Ter. r-y ................... INSTRUCTIONS Copies required: Two signed copies of this form, specifying the final bill number and title must bc 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- 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 .4ssembly: 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, 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 gnveming 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 g°vernment· A county, city, town or village (Cunst. 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)