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ch. 57, 88 271,
an act entitled 'An act to incorporate medical societies for the purpose of regulating the practice of physic and surgery in this state' as repealed in part by chapter six hundred and fortyseven of the laws of eighteen hundred and eighty-seven, is hereby repealed.
2. This act shall take effect immediately.
AN ACT to amend the state charities law, in relation to the board of managers and property of the Thomas Indian school.
Became a law April 8, 1925, with the approval of the Governor. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Sections two hundred and seventy-one and two hundred and seventy-two of chapter fifty-seven of the laws of nineteen hundred and nine, entitled "An act relating to state charities, constituting chapter fifty-five of the consolidated laws," àmended by chapter four hundred and forty-nine of the laws of nineteen hundred and ten, are hereby amended to read as follows: § 271. Board of managers. The Thomas Indian School1 shall be under the control and management of a board of managers, consisting of seven members, three of whom shall be 2Indians 3at least one of which Indians shall be a member of "The Seneca Nation of Indians" of New York. Such managers shall be appointed in accordance with the provisions of section fifty-one of this chapter.
§ 272. Powers and duties of board of managers. The board of managers shall have the general direction and control of all the property and concerns of said school, not otherwise provided for by law. They may acquire and hold, in the name of and for the people of the state of New York, property, by grant, gift, devise or bequest, except reservation lands, which may be held by those managers who are members of "The Seneca Nation of Indians" of New York, to be applied to the maintenance of orphan and destitute Indian children, and the general use of the school. They shall:
1. Adopt with the approval or consent of the state board of charities, by-laws for the regulation and management of said school, and regulating the appointment and duties of officers, assistants and employees of the school, and ordain and enforce a suitable system of rules and regulations for the internal government, discipline and management of the same.
2. Take care of the general interests of the school, and see that its design is carried into effect according to law, and
1 Words "The Thomas Indian School" substituted for words "Said asylum." 2 Word Seneca " omitted.
3 Remainder of sentence new.
4 Word "school" substituted for word asylum."
5 Words "members of The Seneca Nation of Indians' of New York," substituted for words "Seneca Indians."
its by-laws, rules and regulations. They shall, on application, receive destitute and orphan Indian children from any of the several reservations located within this state, and shall furnish them such care, moral training and education, and such instruction in husbandry and the arts of civilization as shall be prescribed by their by-laws, rules and regulations.
3. Keep in a book provided for that purpose, a fair and full record of their doings, which shall be open at all times to the inspection of the governor, the state board of charities or any person appointed to examine the same by the governor, the state board of charities, the superintendent of purchase," or either house of the legislature.
4. Enter in a book kept by them for that purpose, the date of each visit, the condition of the school' and the children therein, and its property, and all such managers present shall sign such entries.
5. Make, annually, on or before the fifteenth day of January, a report to the legislature of the condition of said school, including a true account, in detail, of the receipts and disbursements of all moneys that shall come into their hands, or under their control, the number, age and sex of such destitute orphan children in said school, with the name 7 of the reservation to which they belong, and the proportion of the year each has been maintained and instructed in said school, and such suggestions and recommendations as they may deem proper, or which may be required of them by the state board of charities. § 2. This act shall take effect immediately.
AN ACT to amend the city home rule law, generally. Became a law April 8, 1925, with the approval of the Governor.
three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Sections twelve, fifteen, sixteen, seventeen and L. 1924, eighteen, of chapter three hundred and sixty-three of the laws ch. 363, of nineteen hundred and twenty-four, entitled "An act enabling 15-18) cities to adopt and amend local laws pursuant to article twelve of the constitution, constituting chapter seventy-six of the consolidated laws," are hereby amended to read, respectively, as follows: § 12. Effect of local law on acts of legislature. 1. Any local law adopted pursuant to this chapter may specify any provision of an act of the legislature by reference to chapter number, year of enactment, title of statute, section, subsection or subdivision, 6 Words superintendent of purchase" substituted for words "fiscal super
7 Word "school" substituted for word "asylum."
which provision relates to the subject matter of such local law and does not in terms and in effect apply alike to all cities, and which it is intended to supersede by such local law; and upon the taking effect of such local law, such provision of any such act of the legislature so specified shall cease to have any force or effect in such city. Such a superseding local law may contain the text of such statute, section, subsection or subdivision and may indicate the changes to be effected in its application to such city by inclosing in brackets the matter to be eliminated therefrom and italicizing or underscoring new matter to be included therein.
2. No local law shall supersede any provision of an act of the legislature relating to the property, affairs or government of cities which provision in terms and in effect applies alike to all cities, nor any provision of an act of the legislature which provision relates to matters other than the property, affairs or government of cities, whether in terms and in effect applying alike to all cities or not, nor any provision of an act of the legislature enacted pursuant to article twelve of the constitution on an emergency message from the governor and by the concurrent action of two-thirds of the members of the legislature.
§ 15. Mandatory referendum. A local law shall be submitted for the approval of the electors at a special election in such city held not less than sixty days after the adoption thereof, if such local law so provides, or otherwise,' at the next general election in such city held not less than sixty days after the adoption thereof, and shall become operative as prescribed therein only when approved at such election by the affirmative vote of a majority of the qualified electors of such city voting upon the proposition; if it 1. Abolishes a branch of the local legislative body, or changes the form or composition of such body, or 'increases or decreases the number of votes which any member is entitled to cast; 2. Changes the veto power of the mayor;
3. Changes the law of succession to the mayoralty;
4. Abolishes an elective office, or changes the method of removing an elective officer, or changes the term of or reduces the salary of an elective officer during his term of office;
5. Abolishes, transfers or curtails any power of an elective city officer, except for the purpose of transferring the powers or duties of one branch of the local legislative body to the other, or to some other local authority;
6. Creates a new elective office;
7. Changes a provision of law relating to public utility franchises;
8. Changees* a provision of law relating to the alienation or leasing of city property;
*So in original. [Word misspelled.]
1 Following sentence new.
2 Words "
a special election in such city held not less than sixty days after the adoption thereof, if such local law so provides, or otherwise," new. 3 Formerly "ninety days."
4 Remainder of subd. 1 formerly read: changes the voting power of any
9. Changes a provision of law relating to the membership or terms of office of the civil service commission of the city;
10. Reduces the salary of a city officer or employee which has been fixed by a state statute, and approved by the vote of the qualified electors of such city;
11. Provides a new charter for such city.
§ 16. Referendum on petition. A local law, described in section seventeen, shall not take effect until at least sixty days after its adoption; nor until approved by the affirmative vote of a majority of the qualified electors of such city voting on a proposition for its approval if within sixty days after its adoption there be filed with the city clerk a petition signed and acknowledged by qualified electors of such city in number equal to at least fifteen per centum of the total number of votes cast for governor at the last gubernatorial election in such city, protesting against such local law. If such petition be so filed, a proposition for the approval of such local law shall be submitted at the next general election in such city held not less than sixty days after the filing of such petition, unless the local legislative body adopt a local law submitting such proposition at a special election held not less than sixty days after the adoption of the local law providing for such special election. The petition may be made upon separate sheets, and the signatures to each sheet shall be authenticated in the manner provided by section one hundred and thirty-five of the election law for the authentication of designating petitions. The several sheets so signed and authenticated, when fastened together and offered for filing, shall be deemed to constitute one petition. If within three days after the filing of such a petition petition a written objection thereto be filed with the officer with whom such petition is required by law to be filed, the supreme court, or any justice thereof, of the judicial district in which such city or any part thereof is located, shall determine any question arising thereunder and make such order as justice may require. Such proceeding shall be heard and determined in the manner prescribed by section three hundred and thirty-five of the election law.
§ 17. Local laws that are subject to referendum on petition. A local law shall be subject to the provisions of the last preceding section, which
1. Dispenses with a provision of law requiring a public notice or hearing as a condition precedent to official action.
2. Changes a provision of law relating to public bidding, purchases or contracts.
3. Changes a provision of law relating to assessments for taxation or special assessments of property for public improvements, or the exercise of the power of condemnation.
4. Changes a provision of law relating to the authorization or issuance of city bonds or other obligations.
5. Changes a provision of law relating to the auditing of the city's accounts.
5 Remainder of sentence new.
§ 20, subd. 3 amended. Adoption
Submission of local law changing
term of office of elective officer prior to
6. Changes a provision of law relating to the maintenance or administration of a pension fund or retirement system in such city, in connection with the police or fire department of such city.
§ 18. Propositions for the submission of local laws. A proposition for the submission of a local law to the approval of the electors pursuant to this chapter shall contain the title of such local law. The city clerk with the advice of the corporation counsel or city attorney shall prepare an abstract of such local law concisely stating the title, purpose and effect thereof, and forthwith shall transmit such proposition and such abstract to the election officers charged with the duty of publishing the notice of and furnishing the supplies for such election. A sufficient number of copies of such abstract shall be printed, delivered with the other election supplies, and distributed to the electors at the election. If there be more than one such proposition to be voted upon at such election, such propositions shall be separately and consecutively numbered.
§ 2. Subdivision three of section twenty of such chapter, is hereby amended to read as follows:
3. The charter commission of a city created pursuant to this section shall prepare a draft of a new charter of such city. The proposed charter may contain such provisions or effect such results as may be made or effected by local law under the provisions of this chapter. Such new charter when completed shall be filed in the office of the city clerk. The local legislative body shall provide for such publication or other publicity in respect to the provisions of the proposed charter as it may deem proper, and for its submission to the electors of the city at a general election or at a special city election held in such city not less than sixty days' after the filing thereof in the office of the city clerk. At such election there shall be submitted to the qualified electors of the city the question: "Shall the charter proposed by the charter commission be adopted?" If such question receive the affirmative vote of a majority of the qualified electors of such city voting thereon, the charter so proposed shall be the charter of such city, and shall become operative as prescribed therein. Such charter shall be a local law of such city within the meaning of this chapter.
§ 3. If a local law changing the term of office of an elective officer be adopted by the local legislative body of a city prior to the first day of August, nineteen hundred and twenty-five, such local law may be submitted for the approval of the electors at a special election in such city in the year nineteen hundred and August 1, twenty-five, notwithstanding the provisions of section fifteen of the city home rule law. Such election shall be held not less than twenty nor more than thirty days after the adoption of such local law.
§ 4. This act shall take effect immediately.
6 Section 18 materially amended.
7 Formerly "ninety days."