33.10 Mandatory or permissive referenda in counties. 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 or facilities for the distribution, treatment, and storage of drinking water. Provided, however such bond acts in excess of ten million dollars shall not be adopted by the board of legislators until a public hearing with notice is held.
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.
Last modified: February 3, 2019