N.Y. Local Finance Law § 33.10
Mandatory or permissive referenda in counties
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2021
As of January 1, 2015
§ 33.10 Mandatory or permissive referenda in counties. a. Except as\notherwise provided in paragraph b of this section neither the\nexpenditure of money for an object or purpose for which it is proposed\nto issue obligations nor a bond resolution or capital note resolution\nshall be subject to a mandatory or a permissive referendum in any\ncounty.\n b. 1. In the county of Westchester, a bond act adopted by the board of\nlegislators authorizing the issuance of bonds or bonds and capital notes\nin an amount in excess of ten million dollars to finance any capital\nimprovement, shall not become effective until submitted at a general or\nspecial election and approved by a majority of the votes cast on the\nquestion of the approval or disapproval of such act. The provisions of\nthis subdivision shall not apply to bond acts authorizing the issuance\nof bonds or bonds and capital notes to provide for the construction,\nreconstruction or modification of facilities for the conveyance,\ntreatment and disposal of sewage required by any order of the state\ncommissioner of health or of the commissioner of environmental\nconservation directing compliance with standards, determinations or\norders promulgated pursuant to article seventeen or article nineteen of\nthe environmental conservation law, or any order of an agency acting in\naccordance with an interstate compact, to prevent pollution of the\nwaters of the state or to ameliorate noxious odors, emissions, insect\nproliferation or other conditions arising as a consequence of operating\nsuch a facility.\n The provision of this subdivision shall not apply to bond acts\nauthorizing the issuance of bonds or bonds and capital notes to provide\nfor the construction or reconstruction of facilities, acquisition of\nsites, collection and disposition of solid wastes, required by any order\nof county, state, or federal agencies or courts directing compliance\nwith standards, determinations, or orders promulgated by such agencies\nor courts.\n The provisions of this subdivision shall not apply to bond acts\nauthorizing the issuance of bonds or bonds and capital notes to provide\nfor construction, reconstruction or acquisition of hospital buildings\nand other buildings incidental or related to or supportive of the\nhospital buildings, whether or not including the acquisition of land or\npermanent rights in land as the site thereof, and whether or not\nincluding the grading or improvement of such site, and the original\nfurnishings, equipment, machinery or apparatus required for the purposes\nfor which such buildings are to be used, all to the extent the foregoing\nare the subject matter of a lease and sub-lease dated as of August\ntwenty-eighth, nineteen hundred seventy-three, by and between the county\nof Westchester and the New York state housing finance agency and\nfacilities development corporation.\n 2. If, prior to the effective date of this chapter in any county\noperating under an alternative or optional form of government, the board\nof supervisors of such county is empowered to submit to a referendum at\nany general or special election any act or resolution of the board\nproviding for the expenditure of any sum greater than two hundred fifty\nthousand dollars for a permanent public improvement or improvements\nwhether or not obligations are to be issued for such improvement or\nimprovements, the finance board of such county may submit to a\nreferendum at any general or special election, in the manner provided in\nsuch alternative or optional form of government, any act or resolution\nproviding for the expenditure of any sum greater than two hundred fifty\nthousand dollars for a permanent public improvement or improvements for\nwhich it intends to issue obligations.\n 2. A resolution authorizing the issuance of bonds or capital notes by\na county for the object or purpose described in subdivision forty-nine\nof paragraph a of section 11.00 of the local finance law shall be\nsubject to a permissive referendum in the manner provided in article\nthree-A of the county law as amended from time to time.\n
§ 33.10 Mandatory or permissive referenda in counties. a. Except as\notherwise provided in paragraph b of this section neither the\nexpenditure of money for an object or purpose for which it is proposed\nto issue obligations nor a bond resolution or capital note resolution\nshall be subject to a mandatory or a permissive referendum in any\ncounty.\n b. * 2. If, prior to the effective date of this chapter in any county\noperating under an alternative or optional form of government, the board\nof supervisors of such county is empowered to submit to a referendum at\nany general or special election any act or resolution of the board\nproviding for the expenditure of any sum greater than two hundred fifty\nthousand dollars for a permanent public improvement or improvements\nwhether or not obligations are to be issued for such improvement or\nimprovements, the finance board of such county may submit to a\nreferendum at any general or special election, in the manner provided in\nsuch alternative or optional form of government, any act or resolution\nproviding for the expenditure of any sum greater than two hundred fifty\nthousand dollars for a permanent public improvement or improvements for\nwhich it intends to issue obligations.\n * NB There are 2 sb 2's\n * 2. A resolution authorizing the issuance of bonds or capital notes\nby a county for the object or purpose described in subdivision\nforty-nine of paragraph a of section 11.00 of the local finance law\nshall be subject to a permissive referendum in the manner provided in\narticle three-A of the county law as amended from time to time.\n * NB There are 2 sb 2's\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.