Bill Text: NY S00976 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Provides procedural guidance for the legality of a local law, ordinance, rule or regulation of a town relating to the regulations of vessels pursuant to subdivision one of section forty-six-a of the navigation law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LOCAL GOVERNMENT [S00976 Detail]

Download: New_York-2021-S00976-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           976

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by Sen. GAUGHRAN -- 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 providing guidance for  the
          legality  of  a  local  law,  ordinance,  rule or regulation of a town
          relating to the regulations of vessels

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 17 of section 130 of the town law is amended by
     2  adding a new paragraph 3 to read as follows:
     3    (3)  Whenever the legality of a proposed local law, ordinance, rule or
     4  regulation of a town is brought into issue by the legislative body of  a
     5  city  or the board of trustees of a village, and such issue concerns the
     6  rights of a city or village  pursuant  to  subdivision  one  of  section
     7  forty-six-a  of  the navigation law, the town shall seek an opinion from
     8  the attorney general prior to the adoption of the local law,  ordinance,
     9  rule  or regulation. A city or village may put a town on notice of their
    10  concerns relating to the legality of a proposed  local  law,  ordinance,
    11  rule  or  regulation  as it relates to subdivision one of section forty-
    12  six-a of the navigation law by sending the  town  notice  via  certified
    13  mail,  or  hand  delivering such notice to the office of the town clerk,
    14  prior to the adoption of such local law, ordinance, rule or  regulation.
    15  The  opinion of the attorney general, if issued, shall not be binding on
    16  the town, but shall be used for advisory  purposes.  If  no  opinion  is
    17  issued by the attorney general within sixty days of the request for such
    18  opinion  by  a town, then such town may proceed with their consideration
    19  of such local law, ordinance, rule or regulation,  unless  the  attorney
    20  general  requests  a  reasonable amount of additional time to review the
    21  legality of the proposal. A town shall not need to  request  an  opinion
    22  from  the  attorney  general if the impacted village or city consents to
    23  the adoption of the proposed local law, ordinance, rule  or  regulation.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03817-01-1
        S. 976                              2

     1  Nothing  in this section shall prevent a village or city from proceeding
     2  with a civil cause of action against a town in relation to the rights of
     3  the village or city pursuant to subdivision one of  section  forty-six-a
     4  of the navigation law. Nothing in this section shall provide impunity to
     5  a  town  which  is  found  by a court of competent jurisdiction to be in
     6  violation of subdivision one of section forty-six-a  of  the  navigation
     7  law.
     8    § 2. This act shall take effect immediately.