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S09347 Summary:

BILL NOS09347
 
SAME ASNo Same As
 
SPONSORMARTINEZ
 
COSPNSRWEBB
 
MLTSPNSR
 
Add §777-a, Gen Muni L
 
Provides for local input for the dissolution of a fire district by requiring the governing body of the fire district enact a resolution calling for a referendum on the proposed dissolution by the electors in the fire district.
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S09347 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9347
 
                    IN SENATE
 
                                      March 4, 2026
                                       ___________
 
        Introduced  by Sen. MARTINEZ -- 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,  in  relation  to  providing
          public input on local fire protection in New York state
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general municipal  law  is  amended  by  adding  a  new
     2  section 777-a to read as follows:
     3    §  777-a. Referendum resolution for dissolution of fire districts.  1.
     4  If a dissolution plan calls for the dissolution of a fire district, then
     5  contemporaneous with the final approval of the dissolution plan pursuant
     6  to subdivision three of section seven hundred seventy-six of this title,
     7  the governing body of the fire district shall enact a resolution calling
     8  for a referendum on the proposed dissolution by the electors in the fire
     9  district.
    10    2. The resolution calling for the referendum on the  proposed  dissol-
    11  ution shall:
    12    (a)  provide:  (i)  the name of the fire district to be dissolved; and
    13  (ii) the date for the referendum, in accordance with subdivision one  of
    14  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. A fire district dissolved pursuant  to  a  dissolution  plan  shall
    24  continue  to  be governed as before dissolution until the effective date
    25  of the dissolution specified in the dissolution plan; provided, however,
    26  that no dissolution plan for a fire district shall  take  effect  unless
    27  approved  by a majority of electors of the fire district at a referendum
    28  called through a resolution.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15084-01-6

        S. 9347                             2
 
     1    5. A referendum on a proposed dissolution of a fire district shall  be
     2  placed  before  the  electors  in the fire district to be dissolved at a
     3  special election to be held not less than sixty or more than ninety days
     4  after  the  enactment  of  a  resolution  calling  for  the  referendum,
     5  provided,  however,  that  in  cases where a town general election falls
     6  within such period, the referendum question may be considered  during  a
     7  town general election.
     8    6. Notice of the referendum shall be given to the electors of the fire
     9  district  to be dissolved by publication in a newspaper having a general
    10  circulation within the boundaries of the entity at least once a week for
    11  four consecutive weeks immediately prior to the referendum.  The  notice
    12  shall include, but not be limited to:
    13    (a)  a  summary of the contents of the resolution and dissolution plan
    14  or petition for dissolution, as the case may be;
    15    (b) a statement as to where may be examined copies of  the  resolution
    16  and dissolution plan or petition for dissolution, as the case may be;
    17    (c)  the  name  of  the  fire district to be dissolved and a statement
    18  fully describing its territory;
    19    (d) the time and place or places at which the referendum will be held;
    20  and
    21    (e) such other matters as may be necessary to call,  provide  for  and
    22  give notice of the referendum and to provide for the conduct thereof and
    23  the canvass of the returns thereupon.
    24    7.  The  referendum  question  placed  before the electors of the fire
    25  district to be dissolved shall be in a  form  reading  substantially  as
    26  follows:
    27    "Shall (insert type and name of fire district) be dissolved?
    28    YES ____
    29    NO ____"
    30    8. In any referendum held pursuant to this title, the fire district to
    31  be  dissolved  shall  bear the costs associated with the conduct of such
    32  referendum.
    33    9. In any referendum held pursuant to this title, and except as other-
    34  wise specified herein, the referendum shall be  conducted  in  the  same
    35  manner as other municipal elections or referendums for the local govern-
    36  ment entity affected by the proposed dissolution.
    37    § 2. This act shall take effect immediately.
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