Relates to the establishment of ward systems for the election of councilmen.
TITLE OF BILL: An act to amend the town law, in relation to the establishment of ward systems for the election of councilmen
PURPOSE: This bill will prohibit local laws from superseding the state law with respect to the responsibility of drawing ward boundaries if a ward referendum is successful.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 85 of the town law as it relates to prohibiting the superseding of the provision by local law.
Section two of the bill relates to the effective date.
Section 85 of the Town Law delineates the process for towns in the first class to adopt a ward system for the election of board members. The process states that if a ward system is adopted by the voters then the county board of elections must draw the boundaries for the next election. Several towns have preempted the prospect of voters adopting a ward system by enacting local laws that superseded the provisions of state law. These local laws have shifted the responsibility of drawing the ward boundaries from the board of elections to the town; creating a conflict of interest. This bill will ensure that this process is not superseded by local law.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3292 2015-2016 Regular Sessions IN SENATE February 4, 2015 ___________Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the town law, in relation to the establishment of ward systems for the election of councilmen THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 85 of the town law is amended by adding a new subdivision 3 to read as follows: 3. THE PROVISIONS OF THIS SECTION SHALL NOT BE SUPERSEDED OR DEEMED TO BE SUPERSEDED BY ANY LOCAL LAW OR RESOLUTION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01798-01-5