Section 33.10. Mandatory or permissive referenda in counties  


Latest version.
  • a. Except as
      otherwise  provided  in  paragraph  b  of  this  section   neither   the
      expenditure  of  money for an object or purpose for which it is proposed
      to issue obligations nor a bond resolution or  capital  note  resolution
      shall  be  subject  to  a  mandatory  or  a permissive referendum in any
      county.
        b. 1. In the county of Westchester, a bond act adopted by the board of
      legislators authorizing the issuance of bonds or bonds and capital notes
      in an amount in excess of ten million dollars  to  finance  any  capital
      improvement,  shall not become effective until submitted at a general or
      special election and approved by a majority of the  votes  cast  on  the
      question  of the approval or disapproval of such act.  The provisions of
      this subdivision shall not apply to bond acts authorizing  the  issuance
      of  bonds  or  bonds  and capital notes to provide for the construction,
      reconstruction  or  modification  of  facilities  for  the   conveyance,
      treatment  and  disposal  of  sewage  required by any order of the state
      commissioner  of  health  or  of  the  commissioner   of   environmental
      conservation  directing  compliance  with  standards,  determinations or
      orders promulgated pursuant to article seventeen or article nineteen  of
      the  environmental conservation law, or any order of an agency acting in
      accordance with an interstate  compact,  to  prevent  pollution  of  the
      waters  of  the  state or to ameliorate noxious odors, emissions, insect
      proliferation or other conditions arising as a consequence of  operating
      such a facility.
        The  provision  of  this  subdivision  shall  not  apply  to bond acts
      authorizing the issuance of bonds or bonds and capital notes to  provide
      for  the  construction  or  reconstruction of facilities, acquisition of
      sites, collection and disposition of solid wastes, required by any order
      of county, state, or federal agencies  or  courts  directing  compliance
      with  standards,  determinations, or orders promulgated by such agencies
      or courts.
        The provisions of this  subdivision  shall  not  apply  to  bond  acts
      authorizing  the issuance of bonds or bonds and capital notes to provide
      for construction, reconstruction or acquisition  of  hospital  buildings
      and  other  buildings  incidental  or  related  to  or supportive of the
      hospital buildings, whether or not including the acquisition of land  or
      permanent  rights  in  land  as  the  site  thereof,  and whether or not
      including the grading or improvement of  such  site,  and  the  original
      furnishings, equipment, machinery or apparatus required for the purposes
      for which such buildings are to be used, all to the extent the foregoing
      are  the  subject  matter  of  a  lease and sub-lease dated as of August
      twenty-eighth, nineteen hundred seventy-three, by and between the county
      of Westchester and  the  New  York  state  housing  finance  agency  and
      facilities development corporation.
        2.  If,  prior  to  the  effective  date of this chapter in any county
      operating under an alternative or optional form of government, the board
      of supervisors of such county is empowered to submit to a referendum  at
      any  general  or  special  election  any  act or resolution of the board
      providing for the expenditure of any sum greater than two hundred  fifty
      thousand  dollars  for  a  permanent  public improvement or improvements
      whether or not obligations are to be  issued  for  such  improvement  or
      improvements,  the  finance  board  of  such  county  may  submit  to  a
      referendum at any general or special election, in the manner provided in
      such alternative or optional form of government, any act  or  resolution
      providing  for the expenditure of any sum greater than two hundred fifty
      thousand dollars for a permanent public improvement or improvements  for
      which it intends to issue obligations.
    
        2.  A resolution authorizing the issuance of bonds or capital notes by
      a county for the object or purpose described in  subdivision  forty-nine
      of  paragraph  a  of  section  11.00  of  the local finance law shall be
      subject to a permissive referendum in the  manner  provided  in  article
      three-A of the county law as amended from time to time.