Bill Text: NY A00442 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes a petition to start the process to change the elective office of assessors.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2012-06-11 - reported referred to codes [A00442 Detail]
Download: New_York-2011-A00442-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
442
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. GALEF, CASTRO -- Multi-Sponsored by -- M. of A.
BURLING, REILLY -- read once and referred to the Committee on Local
Governments
AN ACT to amend the general municipal law and the town law, in relation
to establishing a petition process to change the elective office of
assessors
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 arti-
2 cle 17-B to read as follows:
3 ARTICLE 17-B
4 PETITION PROCESS TO ELIMINATE CERTAIN
5 POSITIONS
6 SECTION 797-A. DEFINITIONS.
7 797-B. PROCESS UPON PETITION OR RESOLUTION.
8 797-C. PETITION TO START THE PROCESS TO CHANGE THE ELECTIVE
9 OFFICE OF ASSESSORS.
10 S 797-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
11 1. THE TERM "QUALIFIED ELECTOR" SHALL MEAN A PERSON WHO IS REGISTERED
12 TO VOTE IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION LAW.
13 2. THE TERM "PARTICIPATING MUNICIPALITY" SHALL MEAN A TOWN OR VILLAGE
14 THAT HAS STARTED THE PETITION PROCESS PURSUANT TO SECTION SEVEN HUNDRED
15 NINETY-SEVEN-B OF THIS ARTICLE.
16 S 797-B. PROCESS UPON PETITION OR RESOLUTION. 1. THE PROCESS SHALL
17 START IN A MUNICIPALITY ONCE A PETITION FROM THE RESIDENTS IS FILED WITH
18 THE MUNICIPAL CLERK.
19 2. UPON RECEIVING A PETITION FROM THE RESIDENTS, THE PARTICIPATING
20 MUNICIPALITY SHALL SUBMIT THE QUESTION OF THE CHANGE OF OFFICE OF THE
21 ASSESSORS TO THE VOTERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00486-01-1
A. 442 2
1 3. A CERTIFICATE OF THE ELECTION SHALL BE FILED WITH THE SECRETARY OF
2 STATE, WITH THE CLERKS OF EACH PARTICIPATING MUNICIPALITY, AND WITH THE
3 CLERKS OF EACH COUNTY IN WHICH ANY PART OF THE PARTICIPATING MUNICI-
4 PALITY IS LOCATED.
5 4. IF THE MAJORITY OF VOTES CAST ON THE REFERENDUM IN EACH PARTICIPAT-
6 ING MUNICIPALITY, ARE IN THE AFFIRMATIVE, THE MUNICIPALITY WITHIN THIRTY
7 DAYS OF THE DATE OF THE REFERENDUM SHALL NOTIFY SUCH ASSESSORS THAT HE
8 OR SHE SHALL SERVE OUT THEIR REMAINING TERM.
9 5. IF THE MAJORITY OF VOTES CAST ON THE REFERENDUM IN EACH PARTICIPAT-
10 ING MUNICIPALITY ARE IN THE NEGATIVE, THE REFERENDUM SHALL FAIL AND THE
11 PETITION PROCESS MAY NOT BE INITIATED FOR THE SAME PURPOSE WITHIN TWO
12 YEARS OF THE DATE OF SUCH REFERENDUM.
13 S 797-C. PETITION TO START THE PROCESS TO CHANGE THE ELECTIVE OFFICE
14 OF ASSESSORS. 1. ELIGIBLE SIGNATURES. TO START THE PETITION PROCESS, A
15 PETITION MUST HAVE SIGNATURES FROM RESIDENTS OF THE JURISDICTION, EQUAL
16 TO AT LEAST TEN PERCENT OF THE RESIDENT ELECTORS QUALIFIED TO VOTE IN
17 THE LAST GENERAL ELECTION. THOSE SIGNING THE PETITION MUST BE QUALIFIED
18 TO VOTE AT THE TIME OF THE FILING OF THE PETITION WITH THE MUNICIPAL
19 CLERK.
20 2. TIME LIMIT. A SIGNATURE SHALL BE INVALID IF IT IS SIGNED UPON THE
21 PETITION MORE THAN ONE HUNDRED EIGHTY DAYS BEFORE THE PETITION IS FILED
22 WITH THE MUNICIPAL CLERK, UNLESS THE GOVERNING BOARD PASSES A RESOLUTION
23 TO GIVE ADDITIONAL TIME TO COLLECT SIGNATURES.
24 3. FORM. THE PETITION SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
25 PETITION
26 WE, THE UNDERSIGNED, ELECTORS OF THE (INSERT TYPE OF MUNICIPALITY - TOWN
27 OR VILLAGE) OF (INSERT NAME OF MUNICIPALITY)
28 , NEW YORK, QUALIFIED TO VOTE AT THE NEXT GENERAL OR SPECIAL ELECTION,
29 DO HEREBY PETITION THAT THERE BE SUBMITTED TO THE VOTERS OF (INSERT NAME
30 OF MUNICIPALITY) , PURSUANT TO LAW, A PROPOSITION AS FOLLOWS:
31 (INSERT PROPOSITION SOUGHT TO BE SUBMITTED) THE UNDERSIGNED QUALIFIED
32 ELECTORS HEREBY REQUEST THAT A REFERENDUM VOTE UPON THE ABOVE PROPOSI-
33 TION BE TAKEN AS PROVIDED BY LAW. IN WITNESS WHEREOF, WE HAVE SIGNED
34 OUR NAMES ON THE DATES INDICATED NEXT TO OUR SIGNATURES.
35 DATE NAME - PRINT NAME UNDER SIGNATURE HOME ADDRESS
36 1. ______ __________________________________ ____________________________
37 2. ______ __________________________________ ____________________________
38 3. ______ __________________________________ ____________________________
39 (ON THE BOTTOM OF EACH PAGE, AFTER ALL THE NUMBERED SIGNATURES, INSERT A
40 WITNESS STATEMENT OR A STATEMENT BY A NOTARY PUBLIC OR COMMISSIONER OF
41 DEEDS, IN SUBSTANTIALLY THE FOLLOWING FORM:)
42 I, (NAME OF WITNESS), STATE THAT I AM A REGISTERED VOTER OF THE STATE OF
43 NEW YORK. I AM A RESIDENT OF THE (TOWN OR VILLAGE) OF (NAME OF TOWN OR
44 VILLAGE). THE PERSONS THAT HAVE SIGNED THIS PETITION SHEET CONTAINING
45 (FILL IN NUMBER) SIGNATURES, HAVE SIGNED THEIR NAMES IN MY PRESENCE ON
46 THE DATES INDICATED ABOVE AND IDENTIFIED THEMSELVES TO BE THE SAME
47 PERSONS WHO SIGNED THE SHEET. I UNDERSTAND THAT THIS STATEMENT WILL BE
48 ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT, AND IF IT
49 CONTAINS A MATERIALLY FALSE STATEMENT, SHALL SUBJECT ME TO THE PENALTIES
50 OF PERJURY.
51 ___________ _______________________________________
52 DATE SIGNATURE OF WITNESS
53 (IN LIEU OF THE SIGNED STATEMENT OF A WITNESS WHO IS A DULY QUALIFIED
54 VOTER OF THE STATE, QUALIFIED TO SIGN THE PETITION AS A RESIDENT OF THE
55 TOWN OR VILLAGE, THE FOLLOWING STATEMENT SIGNED BY A NOTARY PUBLIC OR A
56 COMMISSIONER OF DEEDS SHALL BE ACCEPTED.) ON THE DATE ABOVE INDICATED
A. 442 3
1 BEFORE ME PERSONALLY CAME EACH OF THE VOTERS WHOSE SIGNATURES APPEAR ON
2 THIS PETITION SHEET CONTAINING (FILL IN NUMBER) SIGNATURES, WHO SIGNED
3 SAME IN MY PRESENCE AND WHO, BEING BY ME DULY SWORN, EACH FOR HIMSELF OR
4 HERSELF, SAID THAT THE FOREGOING STATEMENT MADE AND SUBSCRIBED BY HIM OR
5 HER, WAS TRUE.
6 ___________ _______________________________________
7 DATE NOTARY PUBLIC OR COMMISSIONER OF DEEDS
8 4. LIBERAL CONSTRUCTION. IN MATTERS OF FORM, THIS SECTION SHALL BE
9 GIVEN A LIBERAL CONSTRUCTION, AND PRECISE COMPLIANCE IS NOT REQUIRED.
10 S 2. Section 33 of the town law, as amended by chapter 261 of the
11 laws of 1943, is amended to read as follows:
12 S 33. Powers and duties of assessors. 1. The assessor or assessors
13 shall have such powers and shall perform such duties as are, or hereaft-
14 er may be, conferred or imposed by law.
15 When required by the town board in a town of the first class, the
16 assessor or assessors shall keep such office hours for public conven-
17 ience as the town board shall determine.
18 2. EVERY ELECTOR OF THE TOWN SHALL BE ENTITLED TO VOTE AT ANY REFEREN-
19 DUM HELD THEREON PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN OF THIS
20 CHAPTER. IF THE TOWN BOARD SHALL HAVE ADOPTED SUCH A RESOLUTION AND NO
21 PETITION SHALL HAVE BEEN FILED WITHIN THE TIME SPECIFIED IN ARTICLE
22 SEVEN OF THIS CHAPTER FOR A REFERENDUM THEREON, OR, IF A MAJORITY OF THE
23 VOTES CAST ON ANY SUCH PROPOSITION SUBMITTED PURSUANT TO THE PROVISIONS
24 OF ARTICLE SEVEN OF THIS CHAPTER BE IN THE AFFIRMATIVE, THE OFFICE OF
25 ASSESSORS SHALL THEREAFTER BE AN APPOINTIVE OFFICE IN SUCH TOWN, AND THE
26 TOWN BOARD SHALL APPOINT AN ASSESSOR FOR THE TERM PROVIDED BY THIS CHAP-
27 TER, BEGINNING ON THE FIRST DAY OF JANUARY NEXT SUCCEEDING SUCH BIENNIAL
28 TOWN ELECTION AND THE TERM OF OFFICE OF THE ELECTIVE ASSESSOR FOR WHOM
29 SUCH SUCCESSOR SHALL BE APPOINTED SHALL EXPIRE ON SAID FIRST DAY OF
30 JANUARY.
31 S 3. This act shall take effect immediately.
