Attorney General of New York — Opinion
Issued on: February 18, 1993
MUNICIPAL HOME RULE LAW §§ 23 and 24.
A referendum may be held by a local government only in accordance with anexpress authorization by the State Legislature.
James D. Cole, Assistant Attorney General
Requestor: Richard A. Hanft, Esq., Corporation Counsel City of Troy City Hall, One Monument Square Troy, N Y 12180
Written by: James D. Cole, Assistant Attorney General in Charge of Opinions
You have asked whether the enactment of a local law may be made subject to referendum on petition in accordance with section 24 of the Municipal Home Rule Law. The proposed local law would amend a provision of the Troy Code of Ordinances to prohibit the production or emission of dense smoke within the City of Troy or within five miles of the city boundary.
It has long been established that a referendum may be conducted by a municipality only in accordance with an express authorization by the State Legislature. Informal Opinions Nos. 9-19, 90-24, 85-1, 81-40. Under Municipal Home Rule Law §§ 23 and 24, local laws dealing with certain subjects are subject to mandatory referendum or referendum on petition, respectively. Neither section 23 nor section 24 authorizes a referendum with respect to the proposed local law. Nor have you made us aware of any other State legislative authorization for a referendum on the proposed local law.
The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office.