Rpld SS758, 759, 780 & 781, amd Gen Muni L, generally; amd S33-a, Munic Home R L
Amends the NY government reorganization and citizen empowerment act, relating to the requirements for consolidation or dissolution of certain local government entities.
STATE OF NEW YORK
________________________________________________________________________
2229
2013-2014 Regular Sessions
IN SENATE
January 14, 2013
___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law and the municipal home rule
law, in relation to the requirements for consolidating or dissolving
certain local government entities and to repeal sections 758, 759, 780
and 781 of the general municipal law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 752 of the general municipal law,
2 as added by chapter 74 of the laws of 2009, is amended to read as
3 follows:
4 2. The proposed joint consolidation agreement shall specify:
5 (a) the name of each local government entity to be consolidated;
6 (b) the name of the proposed consolidated local government entity,
7 which name shall be such as to distinguish it from the name of any other
8 like unit of government in the state of New York (except the name of any
9 one of the entities to be consolidated);
10 (c) the rights, duties and obligations of the proposed consolidated
11 local government entity;
12 (d) the territorial boundaries of the proposed consolidated local
13 government entity;
14 (e) the type and/or class of the proposed consolidated local govern-
15 ment entity;
16 (f) the governmental organization of the proposed consolidated local
17 government entity insofar as it concerns elected and appointed officials
18 and public employees, along with a transitional plan and schedule for
19 elections and appointments of officials;
20 (g) a fiscal estimate of the cost of and savings which may be realized
21 from consolidation[;], including but not limited to the following:
22 (i) increased efficiencies through improved economies of scale;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03233-01-3
S. 2229 2
1 (ii) discontinuing and/or restructuring the provision of particular
2 services, and the extent to which discontinuing and/or restructuring
3 such services may only be achieved through consolidation;
4 (iii) the elimination of elected offices;
5 (iv) increased aid from the state to the resulting local government
6 entity; and
7 (v) the extent to which services will no longer be provided through
8 the use of volunteers;
9 (h) the projected change, if any, in property taxes for the taxpayers
10 located in the local government entities to be consolidated;
11 (i) whether the consolidation will result in a net increase or
12 decrease in the state's local government entities as that term is
13 defined in this article;
14 [(h)] (j) each entity's assets, including, but not limited to, real
15 and personal property, and the fair value thereof in current money of
16 the United States;
17 [(i)] (k) each entity's liabilities and indebtedness, bonded and
18 otherwise, and the fair value thereof in current money of the United
19 States;
20 [(j)] (l) terms for the disposition of existing assets, liabilities
21 and indebtedness of each local government entity, either jointly, sepa-
22 rately or in certain defined proportions;
23 [(k)] (m) terms for the common administration and uniform enforcement
24 of local laws, ordinances, resolutions, orders and the like, within the
25 proposed consolidated local government entity, consistent with section
26 seven hundred sixty-nine of this title;
27 [(l)] (n) the effective date of the proposed consolidation; and
28 [(m)] (o) the time and place or places for the public hearing or hear-
29 ings on such proposed joint consolidation agreement pursuant to section
30 seven hundred fifty-four of this title.
31 § 2. Section 755 of the general municipal law, as added by chapter 74
32 of the laws of 2009, is amended to read as follows:
33 § 755. Referendum resolution for consolidation [of towns or villages].
34 1. [If a joint consolidation agreement calls for the consolidation of
35 two or more towns, two or more villages or one or more towns and
36 villages, then contemporaneous] Contemporaneous with the final approval
37 of the joint consolidation agreement pursuant to subdivision three of
38 section seven hundred fifty-four of this title, the governing body or
39 bodies of the local government entities to be consolidated shall enact a
40 resolution calling for a referendum on the proposed consolidation by the
41 electors in each of the entities.
42 2. The resolution calling for the referendum on the proposed consol-
43 idation shall:
44 (a) provide (i) the name of each [of the towns and/or villages] local
45 government entity proposed to be consolidated, (ii) a statement fully
46 describing the territory to be included within the proposed consolidated
47 local government entity, (iii) the name of the proposed consolidated
48 local government entity, and (iv) the date for the referendum[, in
49 accordance with subdivision one of section seven hundred fifty-eight of
50 this title];
51 (b) state the substance of the question to be submitted to the elec-
52 tors; and
53 (c) set forth such other matters as may be necessary to call, provide
54 for and give notice of the referendum and to provide for the conduct
55 thereof and the canvass of the returns thereupon.
S. 2229 3
1 3. The resolution calling for a referendum on the proposed consol-
2 idation shall have attached to it the final approved version of the
3 joint consolidation agreement.
4 4. If the referendum shall fail, the consolidation process specified
5 by this title shall not be initiated for the local government entities
6 by electorate petition pursuant to section seven hundred fifty-seven of
7 this title within four years of the date of the referendum. This mora-
8 torium shall not apply to a proposed consolidation involving a different
9 combination of local government entities.
10 § 3. Section 757 of the general municipal law, as added by chapter 74
11 of the laws of 2009, is amended to read as follows:
12 § 757. Initiative of electors seeking consolidation. 1. The electors
13 of two or more local government entities may commence a consolidation
14 proceeding by filing an original petition, containing not less than the
15 number of signatures provided for in subdivision two of this section and
16 in the form provided for in subdivision three of this section, with the
17 clerk of the town in which the entities or the greater portion of their
18 territory are located, except that if one or more of the entities to be
19 consolidated is a village the original petition of electors from the
20 village shall be filed with the clerk of the village. Accompanying the
21 filed petition shall be a cover sheet containing the name, address and
22 telephone number of an individual who signed the petition and who will
23 serve as a contact person.
24 2. The petition shall contain [the] signatures [of] equal to at least
25 [ten] twenty-five percent of the number of electors at the last general
26 election of the local government entity or five thousand [electors],
27 whichever is less, in each local government entity to be consolidated[;
28 provided, however, that where the local government entity to be consol-
29 idated contains five hundred or fewer electors, the petition shall
30 contain the signatures of at least twenty percent of the number of elec-
31 tors]. No signature on a petition is valid unless it is the original
32 signature of an elector. For a signature to be valid, it must be signed
33 within one hundred twenty days of the petition being filed with the
34 clerk.
35 3. The petition shall substantially comply with, and be circulated in,
36 the following form:
37 PETITION FOR LOCAL GOVERNMENT CONSOLIDATION
38 We, the undersigned electors and legal voters of (insert type of local
39 government entity - e.g., town, village or district) of (insert name of
40 local government entity), New York, qualified to vote at the next gener-
41 al or special election, respectfully petition that there be submitted to
42 the electors and legal voters of (insert type and name of local govern-
43 ment entities proposed to be consolidated), for their approval or
44 rejection at a referendum held for that purpose, a proposal to consol-
45 idate (insert type and name of local government entity) with (insert
46 type and name of local government entity or entities) pursuant to a
47 consolidation plan developed and presented to the public prior to the
48 referendum.
49 In witness whereof, we have signed our names on the dates indicated
50 next to our signatures.
51 Date Name - print name under signature Home Address
52 1. _____ _________________________________ ____________
53 2. _____ _________________________________ ____________
54 3. _____ _________________________________ ____________
55 (On the bottom of each page of the petition, after all of the numbered
56 signatures, insert a signed statement of a witness who is a duly quali-
S. 2229 4
1 fied elector of the state of New York. Such a statement shall be
2 accepted for all purposes as the equivalent of an affidavit, and if it
3 contains a material false statement, shall subject the person signing it
4 to the same penalties as if he or she has been duly sworn. The form of
5 such statement shall be substantially as follows:
6 I, (insert name of witness), state that I am a duly qualified voter of
7 the state of New York. Each of the persons that have signed this peti-
8 tion sheet containing (insert number) signatures have signed their names
9 in my presence on the dates indicated above and identified themselves to
10 be the same person who signed the sheet. I understand that this state-
11 ment will be accepted for all purposes as the equivalent of an affida-
12 vit, and if it contains a materially false statement, shall subject me
13 to the penalties of perjury.
14 _________________ _________________________________
15 Date Signature of Witness)
16 (In lieu of the signed statement of a witness who is a duly qualified
17 voter of the state of New York, the following statement signed by a
18 notary public or a commissioner of deeds shall be accepted:
19 On the date indicated above before me personally came each of the
20 electors and legal voters whose signatures appear on this petition sheet
21 containing (insert number) signatures, who signed the petition in my
22 presence and who, being by me duly sworn, each for himself or herself,
23 identified himself or herself as the one and same person who signed the
24 petition and that the foregoing information they provided was true.
25 _________________ _________________________________
26 Date Notary Public or Commissioner of Deeds)
27 4. An alteration or correction of information appearing on a
28 petition's signature line, other than an un-initialed signature and
29 date, shall not invalidate such signature.
30 5. In matters of form, this section shall be liberally construed, not
31 inconsistent with substantial compliance thereto and the prevention of
32 fraud.
33 6. Within ten days of the filing of the petition seeking consolidation
34 pursuant to subdivision one of this section, the clerk with whom the
35 petition was filed shall make a final determination regarding the suffi-
36 ciency of the number of signatures on the petition and provide timely
37 written notice of such determination to the contact person named in the
38 cover sheet accompanying the petition. The contact person or any indi-
39 vidual who signed the petition may seek judicial review of such determi-
40 nation in a proceeding pursuant to article seventy-eight of the civil
41 practice [laws] law and rules.
42 [7. Upon the clerk's determination that the petition contains not less
43 than the number of signatures of electors required in subdivision two of
44 this section, the governing body or bodies of the local government enti-
45 ties to be consolidated shall, no later than thirty days thereafter,
46 enact a resolution in accordance with subdivision two of section seven
47 hundred fifty-five of this title calling for a referendum on the
48 proposed consolidation by the electors in each of the entities and set a
49 date for such referendum.]
50 § 4. Sections 758 and 759 of the general municipal law are REPEALED.
51 § 5. Section 760 of the general municipal law, as added by chapter 74
52 of the laws of 2009, is amended to read as follows:
53 § 760. [Duty to approve proposed elector initiated] Study commission
54 and development of proposed consolidation plan. 1. [In the case of a
55 proposed consolidation of local government entities properly initiated
56 by petition of electors pursuant to section seven hundred fifty-seven of
S. 2229 5
1 this title, if a majority of the electors voting in a referendum held in
2 each of the local government entities to be consolidated vote in favor
3 of consolidation] Upon the clerk of each local government entity deter-
4 mining that the petition contains not less than the number of signatures
5 of electors required in subdivision two of section seven hundred fifty-
6 seven of this title, the entities' governing body or bodies [shall] must
7 meet within thirty days after certification of the [favorable vote and,
8 within one hundred eighty days of such meeting, prepare and approve by
9 resolution a proposed elector initiated consolidation plan] petition to
10 form a commission to study, formulate a plan for, and make recommenda-
11 tions regarding the consolidation of (insert type and name of local
12 government entities).
13 2. The study commission may have any number of members the local
14 governing bodies determine to be beneficial for developing a consol-
15 idation plan with the requirement that the commission must, in addition
16 to appointments made by the chief elected officer subject to the govern-
17 ing body's approval, include the chief elected official (in the case of
18 a special district or fire district, the chairman of the Board of
19 Commissioners) of each local government entity, one member of each local
20 government entity's governing body to be selected by a majority vote of
21 the governing body (in the case of a special district or fire district,
22 the Board of Commissioners must select no less than one commissioner or
23 representative). Each local government entity must have equal represen-
24 tation on the commission.
25 3. The study commission may form sub-committees and conduct community
26 forums and public hearings it deems necessary to develop a consolidation
27 plan. It is a proper public purpose for the governing bodies to appro-
28 priate money for necessary expenses related to studying the proposed
29 consolidation and developing a consolidation plan. The study commission
30 is a public body within the meaning of section one hundred two of the
31 public officers law. Members of the study commission who are not already
32 public officers must file an oath of office with the clerk of the local
33 government entity.
34 4. Within two hundred seventy days of its formation, the study commis-
35 sion must prepare and approve a proposed elector initiated consolidation
36 plan. Upon the request of the study commission, the local governing
37 bodies may extend the time to complete the consolidation plan by ninety
38 days.
39 [2.] 5. The proposed elector initiated consolidation plan shall
40 include:
41 (a) the name of each local government entity to be consolidated;
42 (b) the name of what will be the consolidated local government entity,
43 which name shall be such as to distinguish it from the name of any other
44 like unit of government in the state of New York (except the name of any
45 one of the entities to be consolidated);
46 (c) the rights, duties and obligations of the consolidated local
47 government entity;
48 (d) the territorial boundaries of the consolidated local government
49 entity;
50 (e) the type and/or class of the consolidated local government entity;
51 (f) the governmental organization of the consolidated local government
52 entity insofar as it concerns elected and appointed officials and public
53 employees, along with a transitional plan and schedule for elections and
54 appointments of officials;
55 (g) a fiscal estimate of the cost of and savings which may be realized
56 from consolidation;
S. 2229 6
1 (h) each entity's assets, including, but not limited to, real and
2 personal property, and the fair value thereof in current money of the
3 United States;
4 (i) each entity's liabilities and indebtedness, bonded and otherwise,
5 and the fair value thereof in current money of the United States;
6 (j) terms for the disposition of existing assets, liabilities and
7 indebtedness of each local government entity, either jointly, separately
8 or in certain defined proportions;
9 (k) terms for the common administration and uniform enforcement of
10 local laws, ordinances, resolutions, orders and the like, within the
11 consolidated local government entity, consistent with section seven
12 hundred sixty-nine of this title;
13 (l) the effective date of the proposed consolidation; [and]
14 (m) the time and place or places for the public hearing or hearings on
15 such proposed elector initiated consolidation plan pursuant to section
16 seven hundred sixty-two of this title[.];
17 (n) the projected change, if any, in property taxes for the taxpayers
18 located in the local government entities to be consolidated;
19 (o) a fiscal estimate of the cost of and savings which may be realized
20 from consolidation, including but not limited to the following: (i)
21 increased efficiencies through improved economies of scale, (ii) discon-
22 tinuing and/or restructuring the provision of particular services, and
23 the extent to which discontinuing and/or restructuring such services may
24 only be achieved through consolidation; (iii) the elimination of elected
25 offices; (iv) increased aid from the state to the resulting local
26 government entity; (v) the extent to which services will no longer be
27 provided through the use of volunteers;
28 (p) whether the consolidation will result in a net increase or
29 decrease in the state's local government entities as that term is
30 defined in this article; and
31 (q) any other matter desirable or necessary to carry out the consol-
32 idation.
33 6. Delivery of the plan to the governing bodies. After conducting a
34 public hearing on the finalized plan, such hearing held on at least
35 seven days notice published in a newspaper or newspapers with general
36 circulation in the local government entities, the consolidation study
37 commission must file a finalized consolidation plan and its recommenda-
38 tions on whether to consolidate with the clerks of the local government
39 entities who must immediately deliver the plan and recommendations to
40 the local government entities' governing bodies.
41 § 6. The opening paragraph of section 761 of the general municipal
42 law, as added by chapter 74 of the laws of 2009, is amended to read as
43 follows:
44 No later than five business days after [approving] receiving a
45 proposed elector initiated consolidation plan pursuant to section seven
46 hundred sixty of this title, the governing body or bodies of the local
47 government entities to be consolidated shall:
48 § 7. Subdivision 1 of section 762 of the general municipal law, as
49 added by chapter 74 of the laws of 2009, is amended to read as follows:
50 1. The governing body or bodies of the local government entities to be
51 consolidated shall set a time and place or places for one or more public
52 hearings on the proposed elector initiated consolidation plan. The
53 hearing or hearings shall be held no less than thirty-five days and no
54 more than ninety days after receiving the proposed elector initiated
55 consolidation plan [is approved] developed pursuant to section seven
56 hundred sixty of this title. The hearing or hearings may be held jointly
S. 2229 7
1 or separately by the governing body or bodies of the entities. Any
2 interested person shall be given a reasonable opportunity to be heard on
3 any aspect of the proposed consolidation.
4 § 8. Section 763 of the general municipal law, as added by chapter 74
5 of the laws of 2009, is amended to read as follows:
6 § 763. [Effective date of] Referendum on the elector initiated consol-
7 idation plan[; permissive referendum]. 1. [Local government entities
8 consolidated pursuant to an elector initiated consolidated plan shall
9 continue to be governed as before consolidation until the effective date
10 of the consolidation specified in such plan, which date shall be no less
11 than forty-five days after final approval of such plan pursuant to
12 subdivision three of section seven hundred sixty-two or subdivision four
13 of section seven hundred sixty-four of this title.
14 2. Notwithstanding subdivision one of this section, the] The elector
15 initiated consolidation plan shall not take effect [if, no later than
16 forty-five days after final approval thereof pursuant to subdivision
17 three of section seven hundred sixty-two or subdivision four of section
18 seven hundred sixty-four of this title, electors of a local government
19 entity to be consolidated pursuant to such plan shall:
20 (a) file an original petition, containing not less than the number of
21 signatures provided for in subdivision three of this section, seeking a
22 referendum on the question whether the elector initiated consolidation
23 plan shall take effect, with the clerk of the town in which the entity
24 or the greater portion of its territory is located, except that if the
25 entity is a village the original petition of electors from the village
26 shall be filed with the clerk of the village; and
27 (b) thereafter less than] unless a majority of the electors in [the]
28 each entity vote in the affirmative on such question at a referendum.
29 [3. The petition shall be circulated, signed and authenticated in
30 substantial compliance with the provisions of section seven hundred
31 fifty-seven of this title, shall contain the signatures of at least
32 twenty-five percent of the number of electors or fifteen thousand elec-
33 tors, whichever is less, in the local government entity to be consol-
34 idated, and shall be accompanied by a cover sheet containing the name,
35 address and telephone number of an individual who signed the petition
36 and who will serve as a contact person.
37 4. Within ten days of the filing of the petition seeking a referendum
38 on whether the elector initiated dissolution plan shall take effect, the
39 clerk with whom the petition was filed shall make a final determination
40 regarding the sufficiency of the number of signatures on the petition
41 and provide timely written notice of such determination to the contact
42 person named in the cover sheet accompanying the petition. The contact
43 person or any individual who signed the petition may seek judicial
44 review of such determination in a proceeding pursuant to article seven-
45 ty-eight of the civil practice law and rules. Upon the clerk's determi-
46 nation that the petition contains no less than the required number of
47 signatures, the governing body of the local government entity to which
48 such petition applies shall within thirty days enact a resolution call-
49 ing for a referendum by the electors of such entity on the question
50 whether to approve the elector initiated consolidation plan and set a
51 date for such referendum in accordance with subdivision five of this
52 section.
53 5.] 2. The referendum on the question of whether the elector initiated
54 consolidation plan shall take effect shall be submitted at a special
55 election to be held not less than sixty or more than ninety days after
56 enactment of a resolution approving the final version of the elector
S. 2229 8
1 initiated consolidation plan pursuant to subdivision [four] three of
2 [this] section seven hundred sixty-two of this title, provided, however,
3 that in cases where a town or village general election falls within such
4 period, the referendum question may be considered during [a] that town
5 or village general election.
6 [6.] 3. Notice of the referendum shall be given to the electors of the
7 local government entity to which the petition applies by publication in
8 a newspaper having a general circulation within the boundaries of the
9 entity at least once a week for four consecutive weeks immediately prior
10 to the referendum. The notice shall include, but not be limited to:
11 (a) a summary of the contents of the resolution and elector initiated
12 consolidation plan;
13 (b) a statement as to where may be examined a copy of the resolution
14 and elector initiated consolidation plan;
15 (c) the time and place or places at which the referendum will be held,
16 in accordance with subdivision [five] two of this section; and
17 (d) such other matters as may be necessary to call, provide for and
18 give notice of the referendum and to provide for the conduct thereof and
19 the canvass of the returns thereupon.
20 [7.] 4. In a referendum held pursuant to this section, the referendum
21 question shall be placed before the electors of the local government
22 entity to which the petition applies in a form reading substantially as
23 follows:
24 ["The voters of the (insert type and name of each local government
25 entity to which the consolidation plan applies) having previously voted
26 to consolidate, shall the elector initiated consolidation plan take
27 effect?] "Shall (insert type and name of local government entities) be
28 consolidated?
29 YES ____
30 NO _____"
31 [8.] 5. The elector initiated consolidation plan shall not take effect
32 unless a majority of the electors voting in the local government entity
33 to which the petition applies vote in favor of such plan taking effect.
34 If such a majority vote does not result, the referendum shall fail and
35 consolidation shall not take effect.
36 6. If the referendum shall fail, the consolidation process specified
37 by this title shall not be initiated for the local government entities
38 by electorate petition pursuant to section seven hundred fifty-seven of
39 this title within four years of the date of the referendum. This mora-
40 torium shall not apply to a proposed consolidation involving a different
41 combination of local government entities.
42 § 9. Section 773 of the general municipal law, as added by chapter 74
43 of the laws of 2009, is amended to read as follows:
44 § 773. Commencing the proceeding. 1. A local government entity other
45 than a town may be dissolved and terminated by the procedure described
46 in this title.
47 2. Dissolution proceedings may be commenced by:
48 (a) a resolution of the governing body of the local government entity
49 to be dissolved [endorsing a proposed dissolution plan]; or
50 (b) elector initiative.
51 § 10. Section 774 of the general municipal law, as added by chapter 74
52 of the laws of 2009, is amended to read as follows:
53 § 774. [Proposed] Governing body-initiated dissolution [plan]. 1. The
54 governing body of a local government entity may, by resolution, [endorse
55 a proposed dissolution plan for the purpose of commencing dissolution
56 proceedings under this article] initiate a dissolution proceeding by
S. 2229 9
1 forming a commission to study, formulate a plan for, and make recommen-
2 dations regarding the dissolution and termination of the local govern-
3 ment entity. The resolution may only be adopted after conducting a
4 public hearing on the proposal, such hearing held on at least seven days
5 notice published in a newspaper with general circulation in the local
6 government entity.
7 2. The study commission may have any number of members the local
8 governing body determines to be beneficial for developing a dissolution
9 plan with the requirement that the commission must, in addition to
10 appointments made by the chief elected officer subject to the governing
11 body's approval, include the chief elected official (in the case of a
12 special district or fire district, the chairman of the Board of Commis-
13 sioners) of the local government entity, one member of the local govern-
14 ment entity's governing body to be selected by a majority vote of
15 governing body (in the case of a special district or fire district, the
16 Board of Commissioners must select no less than one commissioner or
17 representative), and the supervisor of the town or towns in which the
18 local government entity is located.
19 3. The study commission may form sub-committees and conduct community
20 forums and public hearings it deems necessary to develop a dissolution
21 plan. It is a proper public purpose for the governing body of the local
22 government entity to appropriate money for necessary expenses related to
23 studying the proposed dissolution and developing a dissolution plan. The
24 study commission is a public body within the meaning of section one
25 hundred two of the public officers law. Members of the study commission
26 are required to file an oath of office with the clerk of the local
27 government entity.
28 4. Within two hundred seventy days of its formation, the study commis-
29 sion must prepare and approve a proposed dissolution plan. Upon the
30 request of the study commission, the local governing body may extend the
31 time to complete the dissolution plan by ninety days.
32 [2.] 5. The proposed dissolution plan shall specify:
33 (a) the name of the local government entity to be dissolved;
34 (b) the territorial boundaries of the entity;
35 (c) the type and/or class of the entity;
36 (d) a fiscal estimate of the cost of dissolution;
37 (e) any plan for the transfer or elimination of public employees;
38 (f) the entity's assets, including but not limited to real and
39 personal property, and the fair value thereof in current money of the
40 United States;
41 (g) the entity's liabilities and indebtedness, bonded and otherwise,
42 and the fair value thereof in current money of the United States;
43 (h) any agreements entered into with the town or towns in which the
44 entity is situated in order to carry out the dissolution;
45 (i) the manner and means by which the residents of the entity will
46 continue to be furnished municipal services following the entity's
47 dissolution;
48 (j) terms for the disposition of the entity's assets and the disposi-
49 tion of its liabilities and indebtedness, including the levy and
50 collection of the necessary taxes and assessments therefor;
51 (k) findings as to whether any local laws, ordinances, rules or regu-
52 lations of the entity shall remain in effect after the effective date of
53 the dissolution or shall remain in effect for a period of time other
54 than as provided by section seven hundred eighty-nine of this title;
55 (l) the effective date of the proposed dissolution;
S. 2229 10
1 (m) the time and place or places for a public hearing or hearings on
2 the proposed dissolution plan pursuant to section seven hundred seven-
3 ty-six of this title; [and]
4 (n) the projected change, if any, in property taxes for the taxpayers
5 located in the local government entity to be dissolved;
6 (o) the projected change, if any, in property taxes for the taxpayers
7 of the town outside of the local government entity to be dissolved;
8 (p) a fiscal estimate of the cost of and savings which may be realized
9 from dissolution, including but not limited to the following: (i)
10 increased efficiencies through improved economies of scale, (ii) discon-
11 tinuing and/or restructuring the provision of particular services, and
12 the extent to which discontinuing and/or restructuring such services may
13 only be achieved through dissolution; (iii) the elimination of elected
14 offices; (iv) increased aid from the state to the resulting local
15 government entity; (v) the extent to which services will no longer be
16 provided through the use of volunteers;
17 (q) whether the dissolution will result in a net increase or decrease
18 in the state's local government entities as that term is defined in this
19 article; and
20 [(n)] (r) any other matter desirable or necessary to carry out the
21 dissolution.
22 6. Delivery of the plan to the governing body. After conducting a
23 public hearing on the finalized plan, such hearing held on at least
24 seven days notice published in a newspaper with general circulation in
25 the local government entity, the dissolution study commission must file
26 a finalized dissolution plan and its recommendations on whether to
27 dissolve with the clerk of the local government entity who must imme-
28 diately deliver the plan and recommendations to the local government
29 entity's governing body.
30 § 11. The opening paragraph of section 775 of the general municipal
31 law, as added by chapter 74 of the laws of 2009, is amended to read as
32 follows:
33 No later than five business days after [commencement of dissolution
34 proceedings] the delivery of the dissolution plan and recommendations
35 pursuant to section seven hundred seventy-four of this title, the
36 governing body of the local government entity to be dissolved shall:
37 § 12. Subdivisions 1 and 3 of section 776 of the general municipal
38 law, as added by chapter 74 of the laws of 2009, are amended to read as
39 follows:
40 1. The governing body of the local government entity to be dissolved
41 shall set a time and place or places for one or more public hearings on
42 the proposed dissolution plan. The hearing or hearings shall be held no
43 less than thirty-five days and no more than ninety days after [commence-
44 ment of dissolution proceedings] receiving the dissolution plan recom-
45 mendations pursuant to section seven hundred seventy-four of this title.
46 Any interested person shall be given a reasonable opportunity to be
47 heard on any aspect of the proposed dissolution.
48 3. After completion of the final hearing, the governing body of the
49 local government entity to be dissolved may amend the proposed dissol-
50 ution plan, provided that the amended version complies with the
51 provisions of subdivision [two] four of section seven hundred seventy-
52 four of this title and is publicized pursuant to subdivision four of
53 this section, [and/or] or approve a final version of the dissolution
54 plan[, or decline to proceed further with dissolution proceedings]. Any
55 approval by the governing body of a final version of the dissolution
56 plan must occur within one hundred eighty days of the final hearing.
S. 2229 11
1 § 13. Section 777 of the general municipal law, as added by chapter 74
2 of the laws of 2009, is amended to read as follows:
3 § 777. Referendum resolution for dissolution [of villages]. 1. [If a
4 dissolution plan calls for the dissolution of a village, then contempo-
5 raneous] Contemporaneous with the final approval of the dissolution plan
6 pursuant to subdivision three of section seven hundred seventy-six of
7 this title, the governing body of the [village] local government entity
8 shall enact a resolution calling for a referendum on the proposed
9 dissolution by the electors in the [village] local government entity.
10 2. The resolution calling for the referendum on the proposed dissol-
11 ution shall:
12 (a) provide (i) the name of the [village] local government entity to
13 be dissolved; and (ii) the date for the referendum, in accordance with
14 subdivision one of section seven hundred eighty of this title;
15 (b) state the substance of the question to be submitted to the elec-
16 tors; and
17 (c) set forth such other matters as may be necessary to call, provide
18 for and give notice of the referendum and to provide for the conduct
19 thereof and the canvass of the returns thereupon.
20 3. The resolution calling for the referendum on the proposed dissol-
21 ution shall have attached to it the final approved version of the
22 dissolution plan.
23 4. If the referendum shall fail, the dissolution process specified by
24 this title shall not be initiated for the local government entity by
25 electorate petition pursuant to section seven hundred seventy-nine of
26 this title within four years of the date of the referendum.
27 § 14. Section 779 of the general municipal law, as added by chapter 74
28 of the laws of 2009, is amended to read as follows:
29 § 779. Initiative of electors seeking dissolution. 1. The electors of
30 a local government entity may commence a dissolution proceeding by
31 filing an original petition, containing not less than the number of
32 signatures provided for in subdivision two of this section and in the
33 form provided for in subdivision three of this section, with the clerk
34 of the town in which the entity or the greater portion of its territory
35 is located, except that if the entity is a village the original petition
36 of electors from the village shall be filed with the clerk of the
37 village. Accompanying the filed petition shall be a cover sheet contain-
38 ing the name, address and telephone number of an individual who signed
39 the petition and who will serve as a contact person. A petition may not
40 be submitted pursuant to this section if a resolution initiating the
41 dissolution process has been adopted pursuant to section seven hundred
42 seventy-four of this title, until the process thereunder, including the
43 conducting of the referendum pursuant to section seven hundred seventy-
44 seven of this title, has been completed.
45 2. The petition shall contain [the] signatures [of] equal to at least
46 [ten] twenty-five percent of the number of electors at the last general
47 election of the local government entity or five thousand [electors],
48 whichever is less, in the local government entity to be dissolved[;
49 provided, however, that where the local government entity to be
50 dissolved contains five hundred or fewer electors, the petition shall
51 contain the signatures of at least twenty percent of the number of elec-
52 tors]. No signature on a petition is valid unless it is an original
53 signature of an elector. For a signature to be valid, it must be signed
54 within one hundred twenty days of the petition being filed with the
55 clerk.
S. 2229 12
1 3. The petition shall substantially comply with, and be circulated in,
2 the following form:
3 PETITION FOR LOCAL GOVERNMENT DISSOLUTION
4 We, the undersigned, electors and legal voters of (insert type of
5 local government entity -- e.g., town, village or district) of (insert
6 name of local government entity), New York, qualified to vote at the
7 next general or special election, respectfully petition that there be
8 submitted to the electors of (insert type and name of local government
9 entity proposed to be dissolved), for their approval or rejection at a
10 referendum held for that purpose, a proposal to dissolve and terminate
11 (insert type and name of local government entity) pursuant to a dissol-
12 ution plan developed and presented to the public prior to the
13 referendum.
14 In witness whereof, we have signed our names on the dates indicated
15 next to our signatures.
16 Date Name - print name under signature Home Address
17 1. ________ _________________________________ ____________
18 2. ________ _________________________________ ____________
19 3. ________ _________________________________ ____________
20 (On the bottom of each page of the petition, after all of the numbered
21 signatures, insert a signed statement of a witness who is a duly quali-
22 fied elector of the state of New York. Such a statement shall be
23 accepted for all purposes as the equivalent of an affidavit, and if it
24 contains a material false statement, shall subject the person signing it
25 to the same penalties as if he or she has been duly sworn. The form of
26 such statement shall be substantially as follows:
27 I, (insert name of witness), state that I am a duly qualified voter of
28 the state of New York. Each of the persons that have signed this peti-
29 tion sheet containing (insert number) signatures, have signed their
30 names in my presence on the dates indicated above and identified them-
31 selves to be the same person who signed the sheet. I understand that
32 this statement will be accepted for all purposes as the equivalent of an
33 affidavit, and if it contains a materially false statement, shall
34 subject me to the penalties of perjury.
35 _________________ _________________________________
36 Date Signature of Witness)
37 (In lieu of the signed statement of a witness who is a duly qualified
38 voter of the state of New York, the following statement signed by a
39 notary public or a commissioner of deeds shall be accepted:
40 On the date indicated above before me personally came each of the
41 electors and legal voters whose signatures appear on this petition sheet
42 containing (insert number) signatures, who signed the petition in my
43 presence and who, being by me duly sworn, each for himself or herself,
44 identified himself or herself as the one and same person who signed the
45 petition and that the foregoing information they provided was true.
46 _____________________ _________________________________
47 Date Notary Public or Commissioner of Deeds)
48 4. An alteration or correction of information appearing on a
49 petition's signature line, other than an un-initialed signature and
50 date, shall not invalidate such signature.
51 5. In matters of form, this section shall be liberally construed, not
52 inconsistent with substantial compliance thereto and the prevention of
53 fraud.
54 6. Within ten days of the filing of the petition seeking dissolution
55 pursuant to subdivision one of this section, the clerk with whom the
56 petition was filed shall make a final determination regarding the suffi-
S. 2229 13
1 ciency of the signatures on the petition and provide timely written
2 notice of such determination to the contact person named in the cover
3 sheet accompanying the petition. The contact person or any individual
4 who signed the petition may seek judicial review of such determination
5 in a proceeding pursuant to article seventy-eight of the civil practice
6 law and rules.
7 [7. Upon the clerk's determination that the petition contains not less
8 than the number of signatures of electors required in subdivision two of
9 this section, the governing body of the local government entity to be
10 dissolved shall, no later than thirty days thereafter, enact a resol-
11 ution in accordance with subdivision two of section seven hundred seven-
12 ty-seven of this title calling for a referendum on the proposed dissol-
13 ution by the electors in the entity and set a date for such referendum.]
14 § 15. Sections 780 and 781 of the general municipal law are REPEALED.
15 § 16. Section 782 of the general municipal law, as added by chapter 74
16 of the laws of 2009, is amended to read as follows:
17 § 782. [Duty to approve proposed elector initiated] Study commission
18 and development of proposed dissolution plan. 1. [In the case of a
19 proposed dissolution of a local government entity properly initiated by
20 petition of electors pursuant to section seven hundred seventy-nine of
21 this title, if a majority of the electors voting at a referendum vote in
22 favor of dissolution] Upon the clerk's determination that the petition
23 contains not less than the number of signatures of electors required in
24 subdivision two of section seven hundred seventy-nine of this title, the
25 entity's governing body [shall] must meet within thirty days after
26 clerk's certification [of the favorable vote] and[, within one hundred
27 eighty days of such meeting,] form a commission to study, formulate a
28 plan for, and make recommendations regarding the dissolution and termi-
29 nation of the local government entity.
30 2. The study commission may have any number of members the local
31 governing body determines to be beneficial for developing a dissolution
32 plan with the requirement that the commission must, in addition to
33 appointments made by the chief elected officer subject to the governing
34 body's approval, include the chief elected official (in the case of a
35 special district or fire district, the chairman of the Board of Commis-
36 sioners) of the local government entity, one member of the local govern-
37 ment entity's governing body to be selected by a majority vote of
38 governing body (in the case of a special district or fire district, the
39 Board of Commissioners must select no less than one commissioner or
40 representative), and the supervisor of the town or towns in which the
41 local government entity is located.
42 3. The study commission may form sub-committees and conduct community
43 forums and public hearings it deems necessary to develop a dissolution
44 plan. It is a proper public purpose for the governing body of the local
45 government entity to appropriate money for necessary expenses related to
46 studying the proposed dissolution and developing a dissolution plan. The
47 study commission is a public body within the meaning of section one
48 hundred two of the public officers law. Members of the study commission
49 who are not already public officers must file an oath of office with the
50 clerk of the local government entity.
51 4. Within two hundred seventy days of its formation, the study commis-
52 sion must prepare and approve a proposed elector initiated dissolution
53 plan. Upon the request of the study commission, the local governing
54 body may extend the time to complete the dissolution plan by ninety
55 days.
56 [2.] 5. The proposed elector initiated dissolution plan shall specify:
S. 2229 14
1 (a) the name of the local government entity to be dissolved;
2 (b) the territorial boundaries of the entity;
3 (c) the type and/or class of the entity;
4 (d) a fiscal estimate of the cost of dissolution;
5 (e) any plan for the transfer or elimination of public employees;
6 (f) the entity's assets, including but not limited to real and
7 personal property, and the fair value thereof in current money of the
8 United States;
9 (g) the entity's liabilities and indebtedness, bonded and otherwise,
10 and the fair value thereof in current money of the United States;
11 (h) any agreements entered into with the town or towns in which the
12 entity is situated in order to carry out the dissolution;
13 (i) the manner and means by which the residents of the entity will
14 continue to be furnished municipal services following the entity's
15 dissolution;
16 (j) terms for the disposition of the entity's assets and the disposi-
17 tion of its liabilities and indebtedness, including the levy and
18 collection of the necessary taxes and assessments therefor;
19 (k) findings as to whether any local laws, ordinances, rules or regu-
20 lations of the entity shall remain in effect after the effective date of
21 the dissolution or shall remain in effect for a period of time other
22 than as provided by section seven hundred eighty-nine of this title;
23 (l) the effective date of the dissolution;
24 (m) the time and place or places for a public hearing or hearings on
25 such proposed dissolution plan pursuant to section seven hundred eight-
26 y-four of this title; [and]
27 (n) the projected change, if any, in property taxes for the taxpayers
28 located in the local government entity to be dissolved;
29 (o) the projected change, if any, in property taxes for the taxpayers
30 of the town outside of the local government entity to be dissolved;
31 (p) a fiscal estimate of the cost of and savings which may be realized
32 from dissolution, including but not limited to the following: (i)
33 increased efficiencies through improved economies of scale, (ii) discon-
34 tinuing and/or restructuring the provision of particular services, and
35 the extent to which discontinuing and/or restructuring such services may
36 only be achieved through dissolution; (iii) the elimination of elected
37 offices; (iv) increased aid from the state to the resulting local
38 government entity; (v) the extent to which services will no longer be
39 provided through the use of volunteers;
40 (q) whether the dissolution will result in a net increase or decrease
41 in the state's local government entities as that term is defined in this
42 article; and
43 [(n)] (r) any other matter desirable or necessary to carry out the
44 dissolution.
45 6. Delivery of the plan to the governing body. After conducting a
46 public hearing on the finalized plan, such hearing held on at least
47 seven days notice published in a newspaper with general circulation in
48 the local government entity, the dissolution study commission must file
49 a finalized dissolution plan and its recommendations on whether to
50 dissolve with the clerk of the local government entity who must imme-
51 diately deliver the plan and recommendations to the local government
52 entity's governing body.
53 § 17. The opening paragraph of section 783 of the general municipal
54 law, as added by chapter 74 of the laws of 2009, is amended to read as
55 follows:
S. 2229 15
1 No later than five business days after [approving an] receiving a
2 proposed elector initiated dissolution plan pursuant to section seven
3 hundred eighty-two of this title, the governing body of the local
4 government entity to be dissolved shall:
5 § 18. Subdivision 1 of section 784 of the general municipal law, as
6 added by chapter 74 of the laws of 2009, is amended to read as follows:
7 1. The governing body of the local government entity to be dissolved
8 shall set a time and place or places for one or more public hearings on
9 the proposed elector initiated dissolution plan. The hearing or hearings
10 shall be held no less than thirty-five days and no more than ninety days
11 after receiving the proposed elector initiated dissolution plan [is
12 approved] developed pursuant to section seven hundred eighty-two of this
13 title. Any interested person shall be given a reasonable opportunity to
14 be heard on any aspect of the proposed dissolution.
15 § 19. Section 785 of the general municipal law, as added by chapter 74
16 of the laws of 2009, is amended to read as follows:
17 § 785. [Effective date of] Referendum on the elector initiated dissol-
18 ution plan[; permissive referendum]. 1. [A local government entity
19 dissolved pursuant to an elector initiated dissolution plan shall
20 continue to be governed as before dissolution until the effective date
21 of the dissolution specified in the elector initiated dissolution plan,
22 which date shall be no less than forty-five days after final approval of
23 such plan pursuant to subdivision three of section seven hundred eight-
24 y-four or subdivision three of section seven hundred eighty-six of this
25 title.
26 2. Notwithstanding subdivision one of this section, the] The elector
27 initiated dissolution plan shall not take effect [if, no later than
28 forty-five days after final approval of such plan pursuant to subdivi-
29 sion three of section seven hundred eighty-four or subdivision three of
30 section seven hundred eighty-six of this title, electors of the local
31 government entity to be dissolved shall:
32 (a) file an original petition, containing not less than the number of
33 signatures provided for in subdivision three of this section, seeking a
34 referendum on the question whether the elector initiated dissolution
35 plan shall take effect, with the clerk of the town in which the entity
36 or the greater portion of its territory is located, except that if the
37 entity is a village the original petition of electors from the village
38 shall be filed with the clerk of the village; and
39 (b) thereafter less than] unless a majority of the electors vote in
40 the affirmative on such question at a referendum.
41 [3. The petition shall be circulated, signed and authenticated in
42 substantial compliance with the provisions of section seven hundred
43 seventy-nine of this title, shall contain the signatures of at least
44 twenty-five percent of the number of electors or fifteen thousand elec-
45 tors, whichever is less, in the local government entity to be dissolved,
46 and shall be accompanied by a cover sheet containing the name, address
47 and telephone number of an individual who signed the petition and who
48 will serve as a contact person.
49 4. Within ten days of the filing of the petition seeking a referendum
50 on whether the elector initiated dissolution plan shall take effect, the
51 clerk with whom the petition was filed shall make a final determination
52 regarding the sufficiency of the number of signatures on the petition
53 and provide timely written notice of such determination to the contact
54 person named in the cover sheet accompanying the petition. The contact
55 person or any individual who signed the petition may seek judicial
56 review of such determination in a proceeding pursuant to article seven-
S. 2229 16
1 ty-eight of the civil practice law and rules. Upon the clerk's determi-
2 nation that the petition contains no less than the required number of
3 signatures, the governing body of the local government entity to be
4 dissolved shall within thirty days enact a resolution calling for a
5 referendum by the electors on the question whether the elector initiated
6 dissolution plan shall take effect and set a date for such referendum in
7 accordance with subdivision five of this section.
8 5.] 2. The referendum on the question whether the elector initiated
9 dissolution plan shall take effect shall be submitted at a special
10 election to be held not less than sixty or more than ninety days after
11 enactment of a resolution approving the final version of the elector
12 initiated dissolution plan pursuant to subdivision [four] three of
13 [this] section seven hundred eighty-four of this title, provided, howev-
14 er, that in cases where a town or village general election falls within
15 such period, the referendum question may be considered during [a] that
16 town or village general election.
17 [6.] 3. Notice of the referendum shall be given to the electors of the
18 local government entity to be dissolved by publication in a newspaper
19 having a general circulation within the boundaries of the entity at
20 least once a week for four consecutive weeks immediately prior to the
21 referendum. The notice shall include, but not be limited to:
22 (a) a summary of the contents of the resolution and elector initiated
23 dissolution plan;
24 (b) a statement as to where may be examined a copy of the resolution
25 and elector initiated dissolution plan;
26 (c) the time and place or places at which the referendum will be held,
27 in accordance with subdivision [five] two of this section; and
28 (d) such other matters as may be necessary to call, provide for and
29 give notice of the referendum and to provide for the conduct thereof and
30 the canvass of the returns thereupon.
31 [7.] 4. In a referendum held pursuant to this section, the referendum
32 question shall be placed before the electors of the local government
33 entity to be dissolved in a form reading substantially as follows:
34 ["The voters of the (insert type and name of local government entity
35 to be dissolved) having previously voted to dissolve, shall the elector
36 initiated dissolution plan take effect?] "Shall (insert type and name of
37 local government entity) be dissolved?
38 YES ____
39 NO ____"
40 [8.] 5. The elector initiated dissolution plan shall not take effect
41 unless a majority of the electors voting in the local government entity
42 to which the petition applies votes in favor of dissolution. If such a
43 majority vote does not result, the referendum shall fail and dissolution
44 shall not take effect.
45 6. If the referendum fails, the dissolution process specified by this
46 title may not be initiated for the local government entity by electorate
47 petition pursuant to section seven hundred seventy-nine of this title
48 within four years of the date of the referendum.
49 § 20. Subdivision 2 of section 33-a of the municipal home rule law, as
50 amended by chapter 74 of the laws of 2009, is amended to read as
51 follows:
52 2. Any such local law, or an amendment or repeal of one or more
53 provisions thereof which would have the effect of transferring or abol-
54 ishing a function or duty of the county or of the cities, towns,
55 villages, districts or other units of government wholly contained in the
56 county, shall not become operative unless and until it is approved at a
S. 2229 17
1 general election or at a special election, held in the county by receiv-
2 ing a majority of the total votes cast thereon: (a) in the area of the
3 county outside of cities and (b) in the area of cities of the county, if
4 any, considered as one unit, and if it provides for the transfer of any
5 function or duty to or from any village or for the abolition of any
6 office, department, agency or unit of government of a village wholly
7 contained in the county, it shall not take effect unless it shall also
8 receive a majority of [all] the votes cast thereon in [all] each of the
9 villages or local units of government so affected [considered as one
10 unit]. Such a local law, amendment or repeal thereof, shall provide for
11 its submission to the electors of the county at the next general
12 election or at a special election, occurring not less than sixty days
13 after the adoption thereof by the board of supervisors.
14 § 21. This act shall take effect immediately.
