Bill Text: NY A01274 | 2011-2012 | General Assembly | Amended
Bill Title: Amends the NY government reorganization and citizen empowerment act, relating to the requirements for consolidation or dissolution of certain local government entities.
Spectrum: Slight Partisan Bill (Democrat 16-10)
Status: (Introduced - Dead) 2012-05-02 - print number 1274b [A01274 Detail]
Download: New_York-2011-A01274-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1274--A
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. SCHIMEL, P. RIVERA, ROBERTS, MURRAY, GIGLIO,
ENGLEBRIGHT, JAFFEE, WEPRIN -- Multi-Sponsored by -- M. of A. CASTRO,
CONTE, HAYES, LATIMER, LAVINE, P. LOPEZ, MAGEE, McDONOUGH, McKEVITT,
McLAUGHLIN, PAULIN, RAIA, RUSSELL, SCHROEDER, THIELE, WEISENBERG --
read once and referred to the Committee on Local Governments --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01531-05-1
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1 and public employees, along with a transitional plan and schedule for
2 elections and appointments of officials;
3 (g) a fiscal estimate of the cost of and savings which may be realized
4 from consolidation, INCLUDING BUT NOT LIMITED TO:
5 (I) INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE;
6 (II) DISCONTINUING AND/OR RESTRUCTURING THE PROVISION OF PARTICULAR
7 SERVICES, AND THE EXTENT TO WHICH DISCONTINUING AND/OR RESTRUCTURING
8 SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH CONSOLIDATION;
9 (III) THE ELIMINATION OF ELECTED OFFICES;
10 (IV) INCREASED AID FROM THE STATE TO THE RESULTING LOCAL GOVERNMENT
11 ENTITY; AND
12 (V) THE EXTENT TO WHICH SERVICES WILL NO LONGER BE PROVIDED THROUGH
13 THE USE OF VOLUNTEERS;
14 (h) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
15 LOCATED IN THE LOCAL GOVERNMENT ENTITIES TO BE CONSOLIDATED;
16 (I) WHETHER THE CONSOLIDATION WILL RESULT IN A NET INCREASE OR
17 DECREASE IN THE STATE'S LOCAL GOVERNMENT ENTITIES AS THAT TERM IS
18 DEFINED IN THIS ARTICLE;
19 (J) each entity's assets, including, but not limited to, real and
20 personal property, and the fair value thereof in current money of the
21 United States;
22 [(i)] (K) each entity's liabilities and indebtedness, bonded and
23 otherwise, and the fair value thereof in current money of the United
24 States;
25 [(j)] (L) terms for the disposition of existing assets, liabilities
26 and indebtedness of each local government entity, either jointly, sepa-
27 rately or in certain defined proportions;
28 [(k)] (M) terms for the common administration and uniform enforcement
29 of local laws, ordinances, resolutions, orders and the like, within the
30 proposed consolidated local government entity, consistent with section
31 seven hundred sixty-nine of this title;
32 [(l)] (N) the effective date of the proposed consolidation; and
33 [(m)] (O) the time and place or places for the public hearing or hear-
34 ings on such proposed joint consolidation agreement pursuant to section
35 seven hundred fifty-four of this title.
36 S 2. Section 755 of the general municipal law, as added by chapter 74
37 of the laws of 2009, is amended to read as follows:
38 S 755. Referendum resolution for consolidation [of towns or villages].
39 1. [If a joint consolidation agreement calls for the consolidation of
40 two or more towns, two or more villages or one or more towns and
41 villages, then contemporaneous] CONTEMPORANEOUS with the final approval
42 of the joint consolidation agreement pursuant to subdivision three of
43 section seven hundred fifty-four of this title, the governing body or
44 bodies of the local government entities to be consolidated shall enact a
45 resolution calling for a referendum on the proposed consolidation by the
46 electors in each of the entities.
47 2. The resolution calling for the referendum on the proposed consol-
48 idation shall:
49 (a) provide (i) the name of each [of the towns and/or villages] LOCAL
50 GOVERNMENT ENTITY proposed to be consolidated, (ii) a statement fully
51 describing the territory to be included within the proposed consolidated
52 local government entity, (iii) the name of the proposed consolidated
53 local government entity, and (iv) the date for the referendum, in
54 accordance with subdivision one of section seven hundred fifty-eight of
55 this title;
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1 (b) state the substance of the question to be submitted to the elec-
2 tors; and
3 (c) set forth such other matters as may be necessary to call, provide
4 for and give notice of the referendum and to provide for the conduct
5 thereof and the canvass of the returns thereupon.
6 3. The resolution calling for a referendum on the proposed consol-
7 idation shall have attached to it the final approved version of the
8 joint consolidation agreement.
9 S 3. Subdivision 2 of section 757 of the general municipal law, as
10 added by chapter 74 of the laws of 2009, is amended to read as follows:
11 2. The petition shall contain [the] signatures [of] EQUAL TO at least
12 ten percent of the number of electors AT THE LAST GENERAL ELECTION OF
13 THE LOCAL GOVERNMENT ENTITY or five thousand [electors], whichever is
14 less, in each local government entity to be consolidated; provided,
15 however, that where the local government entity to be consolidated
16 contains five hundred or fewer electors, the petition shall contain
17 [the] signatures [of] EQUAL TO at least twenty percent of the number of
18 electors AT THE LAST GENERAL ELECTION OF THE LOCAL GOVERNMENT ENTITY. No
19 signature on a petition is valid unless it is the original signature of
20 an elector AND SIGNED WITHIN ONE HUNDRED TWENTY DAYS OF THE PETITION
21 BEING FILED WITH THE CLERK.
22 S 4. Section 760 of the general municipal law, as added by chapter 74
23 of the laws of 2009, is amended to read as follows:
24 S 760. Duty to approve proposed elector initiated consolidation plan.
25 1. In the case of a proposed consolidation of local government entities
26 properly initiated by petition of electors pursuant to section seven
27 hundred fifty-seven of this title, if a majority of the electors voting
28 in a referendum held in each of the local government entities to be
29 consolidated vote in favor of consolidation, the entities' governing
30 body or bodies shall meet within thirty days after certification of the
31 favorable vote [and, within one hundred eighty days of such meeting,
32 prepare and approve by resolution a proposed elector initiated consol-
33 idation plan].
34 2. WITHIN TWELVE MONTHS OF A MEETING OF THE LOCAL GOVERNING BODY OR
35 BODIES PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE LOCAL GOVERNING
36 BODY OR BODIES MUST PREPARE AND APPROVE A PROPOSED ELECTOR INITIATED
37 CONSOLIDATION PLAN. THE LOCAL GOVERNING BODY OR BODIES MAY EXTEND THE
38 TIME TO COMPLETE THE CONSOLIDATION PLAN BY NINETY-DAY INTERVALS FOR UP
39 TO TWO HUNDRED SEVENTY DAYS.
40 3. The proposed elector initiated consolidation plan shall 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, INCLUDING BUT NOT LIMITED TO:
A. 1274--A 4
1 (I) INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE;
2 (II) DISCONTINUING AND/OR RESTRUCTURING THE PROVISION OF PARTICULAR
3 SERVICES, AND THE EXTENT TO WHICH DISCONTINUING AND/OR RESTRUCTURING
4 SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH CONSOLIDATION;
5 (III) THE ELIMINATION OF ELECTED OFFICES;
6 (IV) INCREASED AID FROM THE STATE TO THE RESULTING LOCAL GOVERNMENT
7 ENTITY; AND
8 (V) THE EXTENT TO WHICH SERVICES WILL NO LONGER BE PROVIDED THROUGH
9 THE USE OF VOLUNTEERS;
10 (h) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
11 LOCATED IN THE LOCAL GOVERNMENT ENTITIES TO BE CONSOLIDATED;
12 (I) WHETHER THE CONSOLIDATION WILL RESULT IN A NET INCREASE OR
13 DECREASE IN THE STATE'S LOCAL GOVERNMENT ENTITIES AS THAT TERM IS
14 DEFINED IN THIS ARTICLE;
15 (J) each entity's assets, including, but not limited to, real and
16 personal property, and the fair value thereof in current money of the
17 United States;
18 [(i)] (K) each entity's liabilities and indebtedness, bonded and
19 otherwise, and the fair value thereof in current money of the United
20 States;
21 [(j)] (L) terms for the disposition of existing assets, liabilities
22 and indebtedness of each local government entity, either jointly, sepa-
23 rately or in certain defined proportions;
24 [(k)] (M) terms for the common administration and uniform enforcement
25 of local laws, ordinances, resolutions, orders and the like, within the
26 consolidated local government entity, consistent with section seven
27 hundred sixty-nine of this title;
28 [(l)] (N) the effective date of the consolidation; and
29 [(m)] (O) the time and place or places for the public hearing or hear-
30 ings on such proposed elector initiated consolidation plan pursuant to
31 section seven hundred sixty-two of this title.
32 S 5. Section 763 of the general municipal law, as added by chapter 74
33 of the laws of 2009, is amended to read as follows:
34 S 763. [Effective date of] REFERENDUM ON THE elector initiated consol-
35 idation plan[; permissive referendum]. 1. [Local government entities
36 consolidated pursuant to an elector initiated consolidated plan shall
37 continue to be governed as before consolidation until the effective date
38 of the consolidation specified in such plan, which date shall be no less
39 than forty-five days after final approval of such plan pursuant to
40 subdivision three of section seven hundred sixty-two or subdivision four
41 of section seven hundred sixty-four of this title.
42 2. Notwithstanding subdivision one of this section, the] THE elector
43 initiated consolidation plan shall not take effect [if, no later than
44 forty-five days after final approval thereof pursuant to subdivision
45 three of section seven hundred sixty-two or subdivision four of section
46 seven hundred sixty-four of this title, electors of a local government
47 entity to be consolidated pursuant to such plan shall:
48 (a) file an original petition, containing not less than the number of
49 signatures provided for in subdivision three of this section, seeking a
50 referendum on the question whether the elector initiated consolidation
51 plan shall take effect, with the clerk of the town in which the entity
52 or the greater portion of its territory is located, except that if the
53 entity is a village the original petition of electors from the village
54 shall be filed with the clerk of the village; and
55 (b) thereafter less than] UNLESS a majority of the electors in [the]
56 EACH entity vote in the affirmative on such question at a referendum.
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1 [3. The petition shall be circulated, signed and authenticated in
2 substantial compliance with the provisions of section seven hundred
3 fifty-seven of this title, shall contain the signatures of at least
4 twenty-five percent of the number of electors or fifteen thousand elec-
5 tors, whichever is less, in the local government entity to be consol-
6 idated, and shall be accompanied by a cover sheet containing the name,
7 address and telephone number of an individual who signed the petition
8 and who will serve as a contact person.
9 4. Within ten days of the filing of the petition seeking a referendum
10 on whether the elector initiated dissolution plan shall take effect, the
11 clerk with whom the petition was filed shall make a final determination
12 regarding the sufficiency of the number of signatures on the petition
13 and provide timely written notice of such determination to the contact
14 person named in the cover sheet accompanying the petition. The contact
15 person or any individual who signed the petition may seek judicial
16 review of such determination in a proceeding pursuant to article seven-
17 ty-eight of the civil practice law and rules. Upon the clerk's determi-
18 nation that the petition contains no less than the required number of
19 signatures, the governing body of the local government entity to which
20 such petition applies shall within thirty days enact a resolution call-
21 ing for a referendum by the electors of such entity on the question
22 whether to approve the elector initiated consolidation plan and set a
23 date for such referendum in accordance with subdivision five of this
24 section.
25 5.] 2. The referendum on the question OF whether the elector initiated
26 consolidation plan shall take effect shall be submitted at [a special
27 election to be held not less than sixty or more than ninety] THE LOCAL
28 GOVERNMENT ENTITY'S NEXT GENERAL ELECTION OR AT THE NEXT ELECTION TO
29 FILL A VACANCY IN OFFICE FOR A LOCAL ELECTED OFFICIAL OF THE LOCAL
30 GOVERNMENT ENTITY, WHICHEVER IS SOONER, BUT IN NO CASE MAY THE REFEREN-
31 DUM BE HELD SOONER THAN FORTY-FIVE days after enactment of a resolution
32 pursuant to subdivision [four] THREE of this section[, provided, howev-
33 er, that in cases where a town or village general election falls within
34 such period, the referendum question may be considered during a town or
35 village general election].
36 [6.] 3. Notice of the referendum shall be given to the electors of the
37 local government entity to which the petition applies by publication in
38 a newspaper having a general circulation within the boundaries of the
39 entity at least once a week for four consecutive weeks immediately prior
40 to the referendum. The notice shall include, but not be limited to:
41 (a) a summary of the contents of the resolution and elector initiated
42 consolidation plan;
43 (b) a statement as to where may be examined a copy of the resolution
44 and elector initiated consolidation plan;
45 (c) the time and place or places at which the referendum will be held,
46 in accordance with subdivision [five] TWO of this section; and
47 (d) such other matters as may be necessary to call, provide for and
48 give notice of the referendum and to provide for the conduct thereof and
49 the canvass of the returns thereupon.
50 [7.] 4. In a referendum held pursuant to this section, the referendum
51 question shall be placed before the electors of the local government
52 entity to which the petition applies in a form reading substantially as
53 follows:
54 "The voters of the (insert type and name of each local government
55 entity to which the consolidation plan applies) having previously voted
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1 to consolidate, shall the elector initiated consolidation plan take
2 effect?
3 YES ____
4 NO _____"
5 [8.] 5. The elector initiated consolidation plan shall not take effect
6 unless a majority of the electors voting in the local government entity
7 to which the petition applies vote in favor of such plan taking effect.
8 If such a majority vote does not result, the referendum shall fail and
9 consolidation shall not take effect.
10 6. IF THE REFERENDUM SHALL FAIL, THE CONSOLIDATION PROCESS SPECIFIED
11 BY THIS TITLE SHALL NOT BE INITIATED FOR THE LOCAL GOVERNMENT ENTITIES
12 BY ELECTORATE PETITION PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SEVEN OF
13 THIS TITLE WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM.
14 S 6. Paragraph (a) of subdivision 2 of section 773 of the general
15 municipal law, as added by chapter 74 of the laws of 2009, is amended to
16 read as follows:
17 (a) a resolution of the governing body of the local government entity
18 to be dissolved [endorsing a proposed dissolution plan]; or
19 S 7. Section 774 of the general municipal law, as added by chapter 74
20 of the laws of 2009, is amended to read as follows:
21 S 774. Proposed dissolution plan. 1. The governing body of a local
22 government entity may, by resolution, [endorse a proposed dissolution
23 plan for the purpose of commencing dissolution proceedings under this
24 article] INITIATE A DISSOLUTION PROCEEDING BY FORMING A COMMISSION TO
25 STUDY, FORMULATE A PLAN FOR, AND MAKE RECOMMENDATIONS REGARDING THE
26 DISSOLUTION AND TERMINATION OF A LOCAL GOVERNMENT ENTITY.
27 2. THE COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
28 MAY HAVE ANY NUMBER OF MEMBERS THE LOCAL GOVERNING BODY DETERMINES TO BE
29 BENEFICIAL FOR DEVELOPING A DISSOLUTION PLAN WITH THE REQUIREMENT THAT
30 THE COMMISSION MUST, IN ADDITION TO APPOINTMENTS MADE BY THE CHIEF
31 ELECTED OFFICER THAT ARE SUBJECT TO THE GOVERNING BODY'S APPROVAL,
32 INCLUDE THE CHIEF ELECTED OFFICIAL (OR IN THE CASE OF A SPECIAL DISTRICT
33 OR FIRE DISTRICT, THE CHAIRMAN OF THE BOARD OF COMMISSIONERS) OF THE
34 LOCAL GOVERNMENT ENTITY, ONE MEMBER OF THE LOCAL GOVERNMENT ENTITY'S
35 GOVERNING BODY TO BE SELECTED BY A MAJORITY VOTE OF THE GOVERNING BODY
36 (OR IN THE CASE OF A SPECIAL DISTRICT OR FIRE DISTRICT, THE BOARD OF
37 COMMISSIONERS MUST SELECT NO LESS THAN ONE COMMISSIONER OR REPRESEN-
38 TATIVE), AND THE SUPERVISOR OF THE TOWN OR TOWNS IN WHICH THE LOCAL
39 GOVERNMENT ENTITY IS LOCATED.
40 3. THE COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
41 MAY FORM SUB-COMMITTEES AND CONDUCT COMMUNITY FORUMS AND PUBLIC HEARINGS
42 DEEMED NECESSARY TO DEVELOP A DISSOLUTION PLAN. IT SHALL BE A PROPER
43 PUBLIC PURPOSE FOR THE GOVERNING BODY OF THE LOCAL GOVERNMENT ENTITY TO
44 APPROPRIATE MONEY FOR NECESSARY EXPENSES RELATED TO STUDYING THE
45 PROPOSED DISSOLUTION AND DEVELOPING A DISSOLUTION PLAN. THE COMMISSION
46 SHALL BE A PUBLIC BODY WITHIN THE MEANING OF SECTION ONE HUNDRED TWO OF
47 THE PUBLIC OFFICERS LAW. MEMBERS OF THE COMMISSION ARE REQUIRED TO FILE
48 AN OATH OF OFFICE WITH THE CLERK OF THE LOCAL GOVERNMENT ENTITY.
49 4. WITHIN TWELVE MONTHS OF THE FORMATION OF A COMMISSION FORMED PURSU-
50 ANT TO SUBDIVISION ONE OF THIS SECTION, THE COMMISSION SHALL PREPARE AND
51 APPROVE A PROPOSED DISSOLUTION PLAN. THE LOCAL GOVERNING BODY MAY EXTEND
52 THE TIME TO COMPLETE THE DISSOLUTION PLAN BY NINETY-DAY INTERVALS FOR UP
53 TO TWO HUNDRED SEVENTY DAYS UPON THE REQUEST OF THE COMMISSION.
54 5. The proposed dissolution plan shall specify:
55 (a) the name of the local government entity to be dissolved;
56 (b) the territorial boundaries of the entity;
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1 (c) the type and/or class of the entity;
2 (d) a fiscal estimate of the cost of dissolution;
3 (e) any plan for the transfer or elimination of public employees;
4 (f) the entity's assets, including but not limited to real and
5 personal property, and the fair value thereof in current money of the
6 United States;
7 (g) the entity's liabilities and indebtedness, bonded and otherwise,
8 and the fair value thereof in current money of the United States;
9 (h) any agreements entered into with the town or towns in which the
10 entity is situated in order to carry out the dissolution;
11 (i) the manner and means by which the residents of the entity will
12 continue to be furnished municipal services following the entity's
13 dissolution;
14 (j) terms for the disposition of the entity's assets and the disposi-
15 tion of its liabilities and indebtedness, including the levy and
16 collection of the necessary taxes and assessments therefor;
17 (k) findings as to whether any local laws, ordinances, rules or regu-
18 lations of the entity shall remain in effect after the effective date of
19 the dissolution or shall remain in effect for a period of time other
20 than as provided by section seven hundred eighty-nine of this title;
21 (l) the effective date of the proposed dissolution;
22 (m) the time and place or places for a public hearing or hearings on
23 the proposed dissolution plan pursuant to section seven hundred seven-
24 ty-six of this title; [and]
25 (n) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
26 LOCATED IN THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
27 (O) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
28 OF THE TOWN OUTSIDE OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
29 (P) A FISCAL ESTIMATE OF THE COST OF AND SAVINGS WHICH MAY BE REALIZED
30 FROM DISSOLUTION, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
31 (I) INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE;
32 (II) DISCONTINUING AND/OR RESTRUCTURING THE PROVISION OF PARTICULAR
33 SERVICES, AND THE EXTENT TO WHICH DISCONTINUING AND/OR RESTRUCTURING
34 SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH DISSOLUTION;
35 (III) THE ELIMINATION OF ELECTED OFFICES;
36 (IV) INCREASED AID FROM THE STATE TO THE RESULTING LOCAL GOVERNMENT
37 ENTITY; AND
38 (V) THE EXTENT TO WHICH SERVICES WILL NO LONGER BE PROVIDED THROUGH
39 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 (R) any other matter desirable or necessary to carry out the dissol-
44 ution.
45 6. A PUBLIC HEARING SHALL BE HELD ON THE FINALIZED PLAN AFTER AT LEAST
46 SEVEN DAYS NOTICE, PUBLISHED IN A NEWSPAPER WITH GENERAL CIRCULATION IN
47 THE LOCAL GOVERNMENT ENTITY. AFTER CONDUCTING SUCH PUBLIC HEARING, THE
48 COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION MUST FILE
49 A FINALIZED DISSOLUTION PLAN AND THE COMMISSION'S RECOMMENDATIONS ON
50 WHETHER TO DISSOLVE THE LOCAL GOVERNMENT ENTITY WITH THE CLERK OF SUCH
51 LOCAL GOVERNMENT ENTITY WHO MUST IMMEDIATELY DELIVER THE PLAN AND RECOM-
52 MENDATIONS TO THE LOCAL GOVERNMENT ENTITY'S GOVERNING BODY.
53 S 8. The opening paragraph of section 775 of the general municipal
54 law, as added by chapter 74 of the laws of 2009, is amended to read as
55 follows:
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1 No later than five business days after [commencement of dissolution
2 proceedings] THE DELIVERY OF THE DISSOLUTION PLAN AND RECOMMENDATION
3 pursuant to section seven hundred seventy-four of this title, the
4 governing body of the local government entity to be dissolved shall:
5 S 9. Subdivisions 1 and 3 of section 776 of the general municipal law,
6 as added by chapter 74 of the laws of 2009, are amended to read as
7 follows:
8 1. The governing body of the local government entity to be dissolved
9 shall set a time and place or places for one or more public hearings on
10 the proposed dissolution plan. The hearing or hearings shall be held no
11 less than thirty-five days and no more than ninety days after [commence-
12 ment of dissolution proceedings] RECEIVING THE DISSOLUTION PLAN RECOM-
13 MENDATIONS pursuant to section seven hundred seventy-four of this title.
14 Any interested person shall be given a reasonable opportunity to be
15 heard on any aspect of the proposed dissolution.
16 3. After completion of the final hearing, the governing body of the
17 local government entity to be dissolved may amend the proposed dissol-
18 ution plan, provided that the amended version complies with the
19 provisions of subdivision [two] FIVE of section seven hundred seventy-
20 four of this title and is publicized pursuant to subdivision four of
21 this section, [and/]or approve a final version of the dissolution plan[,
22 or decline to proceed further with dissolution proceedings]. Any
23 approval by the governing body of a final version of the dissolution
24 plan must occur within one hundred eighty days of the final hearing.
25 S 10. Section 777 of the general municipal law, as added by chapter 74
26 of the laws of 2009, is amended to read as follows:
27 S 777. Referendum resolution for dissolution [of villages]. 1. [If a
28 dissolution plan calls for the dissolution of a village, then contempo-
29 raneous] CONTEMPORANEOUS with the final approval of the dissolution plan
30 pursuant to subdivision three of section seven hundred seventy-six of
31 this title, the governing body of the [village] LOCAL GOVERNMENT ENTITY
32 shall enact a resolution calling for a referendum on the proposed
33 dissolution by the electors in the [village] LOCAL GOVERNMENT ENTITY.
34 2. The resolution calling for the referendum on the proposed dissol-
35 ution shall:
36 (a) provide (i) the name of the [village] LOCAL GOVERNMENT ENTITY to
37 be dissolved; and (ii) the date for the referendum, in accordance with
38 subdivision one of section seven hundred eighty of this title;
39 (b) state the substance of the question to be submitted to the elec-
40 tors; and
41 (c) set forth such other matters as may be necessary to call, provide
42 for and give notice of the referendum and to provide for the conduct
43 thereof and the canvass of the returns thereupon.
44 3. The resolution calling for the referendum on the proposed dissol-
45 ution shall have attached to it the final approved version of the
46 dissolution plan.
47 4. IF THE REFERENDUM SHALL FAIL, THE DISSOLUTION PROCESS SPECIFIED BY
48 THIS TITLE SHALL NOT BE INITIATED FOR THE LOCAL GOVERNMENT ENTITY BY
49 ELECTORATE PETITION PURSUANT TO SECTION SEVEN HUNDRED SEVENTY-NINE OF
50 THIS TITLE WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM.
51 S 11. Subdivisions 1 and 2 of section 779 of the general municipal
52 law, as added by chapter 74 of the laws of 2009, are amended to read as
53 follows:
54 1. The electors of a local government entity may commence a dissol-
55 ution proceeding by filing an original petition, containing not less
56 than the number of signatures provided for in subdivision two of this
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1 section and in the form provided for in subdivision three of this
2 section, with the clerk of the town in which the entity or the greater
3 portion of its territory is located, except that if the entity is a
4 village the original petition of electors from the village shall be
5 filed with the clerk of the village. Accompanying the filed petition
6 shall be a cover sheet containing the name, address and telephone number
7 of an individual who signed the petition and who will serve as a contact
8 person. A PETITION MAY NOT BE SUBMITTED PURSUANT TO THIS SECTION IF A
9 RESOLUTION INITIATING THE DISSOLUTION PROCESS HAS BEEN ADOPTED PURSUANT
10 TO SECTION SEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE UNTIL SUCH PROCESS
11 HAS BEEN COMPLETED.
12 2. The petition shall contain [the] signatures [of] EQUAL TO at least
13 ten percent of the number of electors AT THE LAST GENERAL ELECTION OF
14 THE LOCAL GOVERNMENT ENTITY or five thousand [electors], whichever is
15 less, in the local government entity to be dissolved; provided, however,
16 that where the local government entity to be dissolved contains five
17 hundred or fewer electors, the petition shall contain [the] signatures
18 [of] EQUAL TO at least twenty percent of the number of electors AT THE
19 LAST GENERAL ELECTION OF THE LOCAL GOVERNMENT ENTITY. No signature on a
20 petition is valid unless it is an original signature of an elector AND
21 SIGNED WITHIN ONE HUNDRED TWENTY DAYS OF THE PETITION BEING FILED WITH
22 THE CLERK.
23 S 12. Section 782 of the general municipal law, as added by chapter 74
24 of the laws of 2009, is amended to read as follows:
25 S 782. Duty to approve proposed elector initiated dissolution plan. 1.
26 In the case of a proposed dissolution of a local government entity prop-
27 erly initiated by petition of electors pursuant to section seven hundred
28 seventy-nine of this title, if a majority of the electors voting at a
29 referendum vote in favor of dissolution, the entity's governing body
30 shall meet within thirty days after certification of the favorable vote
31 and[, within one hundred eighty days of such meeting,] FORM A COMMISSION
32 TO STUDY, FORMULATE A PLAN FOR, AND MAKE RECOMMENDATIONS REGARDING THE
33 DISSOLUTION AND TERMINATION OF A LOCAL GOVERNMENT ENTITY.
34 2. THE COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
35 MAY HAVE ANY NUMBER OF MEMBERS THE LOCAL GOVERNING BODY DETERMINES TO BE
36 BENEFICIAL FOR DEVELOPING A DISSOLUTION PLAN WITH THE REQUIREMENT THAT
37 THE COMMISSION MUST, IN ADDITION TO APPOINTMENTS MADE BY THE CHIEF
38 ELECTED OFFICER SUBJECT TO THE GOVERNING BODY'S APPROVAL, INCLUDE THE
39 CHIEF ELECTED OFFICIAL (IN THE CASE OF A SPECIAL DISTRICT OR FIRE
40 DISTRICT, THE CHAIRMAN OF THE BOARD OF COMMISSIONERS) OF THE LOCAL
41 GOVERNMENT ENTITY, ONE MEMBER OF THE LOCAL GOVERNMENT ENTITY'S GOVERNING
42 BODY TO BE SELECTED BY A MAJORITY VOTE OF THE GOVERNING BODY (IN THE
43 CASE OF A SPECIAL DISTRICT OR FIRE DISTRICT, THE BOARD OF COMMISSIONERS
44 MUST SELECT NO LESS THAN ONE COMMISSIONER OR REPRESENTATIVE), AND THE
45 SUPERVISOR OF THE TOWN OR TOWNS IN WHICH THE LOCAL GOVERNMENT ENTITY IS
46 LOCATED.
47 3. THE COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
48 MAY FORM SUB-COMMITTEES AND CONDUCT COMMUNITY FORUMS AND PUBLIC HEARINGS
49 DEEMED NECESSARY TO DEVELOP A DISSOLUTION PLAN. IT IS A PROPER PUBLIC
50 PURPOSE FOR THE GOVERNING BODY OF THE LOCAL GOVERNMENT ENTITY TO APPRO-
51 PRIATE MONEY FOR NECESSARY EXPENSES RELATED TO STUDYING THE PROPOSED
52 DISSOLUTION AND DEVELOPING A DISSOLUTION PLAN. THE COMMISSION SHALL BE A
53 PUBLIC BODY WITHIN THE MEANING OF SECTION ONE HUNDRED TWO OF THE PUBLIC
54 OFFICERS LAW. MEMBERS OF THE COMMISSION ARE REQUIRED TO FILE AN OATH OF
55 OFFICE WITH THE CLERK OF THE LOCAL GOVERNMENT ENTITY.
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1 4. WITHIN TWELVE MONTHS OF THE FORMATION OF A COMMISSION FORMED PURSU-
2 ANT TO SUBDIVISION ONE OF THIS SECTION, THE COMMISSION SHALL prepare and
3 approve a proposed elector initiated dissolution plan. THE LOCAL GOVERN-
4 ING BODY MAY EXTEND THE TIME TO COMPLETE THE DISSOLUTION PLAN BY NINE-
5 TY-DAY INTERVALS FOR UP TO TWO HUNDRED SEVENTY DAYS UPON THE REQUEST OF
6 THE COMMISSION.
7 [2.] 5. The proposed elector initiated dissolution plan shall specify:
8 (a) the name of the local government entity to be dissolved;
9 (b) the territorial boundaries of the entity;
10 (c) the type and/or class of the entity;
11 (d) a fiscal estimate of the cost of dissolution;
12 (e) any plan for the transfer or elimination of public employees;
13 (f) the entity's assets, including but not limited to real and
14 personal property, and the fair value thereof in current money of the
15 United States;
16 (g) the entity's liabilities and indebtedness, bonded and otherwise,
17 and the fair value thereof in current money of the United States;
18 (h) any agreements entered into with the town or towns in which the
19 entity is situated in order to carry out the dissolution;
20 (i) the manner and means by which the residents of the entity will
21 continue to be furnished municipal services following the entity's
22 dissolution;
23 (j) terms for the disposition of the entity's assets and the disposi-
24 tion of its liabilities and indebtedness, including the levy and
25 collection of the necessary taxes and assessments therefor;
26 (k) findings as to whether any local laws, ordinances, rules or regu-
27 lations of the entity shall remain in effect after the effective date of
28 the dissolution or shall remain in effect for a period of time other
29 than as provided by section seven hundred eighty-nine of this title;
30 (l) the effective date of the dissolution;
31 (m) the time and place or places for a public hearing or hearings on
32 such proposed dissolution plan pursuant to section seven hundred eight-
33 y-four of this title; [and]
34 (n) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
35 LOCATED IN THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
36 (O) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
37 OF THE TOWN OUTSIDE OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
38 (P) A FISCAL ESTIMATE OF THE COST OF AND SAVINGS WHICH MAY BE REALIZED
39 FROM DISSOLUTION, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
40 (I) INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE;
41 (II) DISCONTINUING AND/OR RESTRUCTURING THE PROVISION OF PARTICULAR
42 SERVICES, AND THE EXTENT TO WHICH DISCONTINUING AND/OR RESTRUCTURING
43 SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH DISSOLUTION;
44 (III) THE ELIMINATION OF ELECTED OFFICES;
45 (IV) INCREASED AID FROM THE STATE TO THE RESULTING LOCAL GOVERNMENT
46 ENTITY; AND
47 (V) THE EXTENT TO WHICH SERVICES WILL NO LONGER BE PROVIDED THROUGH
48 THE USE OF VOLUNTEERS;
49 (Q) WHETHER THE DISSOLUTION WILL RESULT IN A NET INCREASE OR DECREASE
50 IN THE STATE'S LOCAL GOVERNMENT ENTITIES AS THAT TERM IS DEFINED IN THIS
51 ARTICLE; AND
52 (R) any other matter desirable or necessary to carry out the dissol-
53 ution.
54 6. A PUBLIC HEARING SHALL BE HELD ON THE FINALIZED PLAN AFTER AT LEAST
55 SEVEN DAYS NOTICE, PUBLISHED IN A NEWSPAPER WITH GENERAL CIRCULATION IN
56 THE LOCAL GOVERNMENT ENTITY. AFTER CONDUCTING SUCH PUBLIC HEARING, THE
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1 COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION MUST FILE
2 A FINALIZED DISSOLUTION PLAN AND THE COMMISSION'S RECOMMENDATIONS ON
3 WHETHER TO DISSOLVE THE LOCAL GOVERNMENT ENTITY WITH THE CLERK OF THE
4 LOCAL GOVERNMENT ENTITY WHO MUST IMMEDIATELY DELIVER THE PLAN AND RECOM-
5 MENDATIONS TO THE LOCAL GOVERNMENT ENTITY'S GOVERNING BODY.
6 S 13. Subdivision 1 of section 784 of the general municipal law, as
7 added by chapter 74 of the laws of 2009, is amended to read as follows:
8 1. The governing body of the local government entity to be dissolved
9 shall set a time and place or places for one or more public hearings on
10 the proposed elector initiated dissolution plan. The hearing or hearings
11 shall be held no less than thirty-five days and no more than ninety days
12 after [the proposed elector initiated dissolution plan is approved]
13 RECEIVING THE DISSOLUTION PLAN RECOMMENDATIONS pursuant to section seven
14 hundred eighty-two of this title. Any interested person shall be given a
15 reasonable opportunity to be heard on any aspect of the proposed dissol-
16 ution.
17 S 14. Section 785 of the general municipal law, as added by chapter 74
18 of the laws of 2009, is amended to read as follows:
19 S 785. [Effective date of] REFERENDUM ON THE elector initiated dissol-
20 ution plan[; permissive referendum]. 1. [A local government entity
21 dissolved pursuant to an elector initiated dissolution plan shall
22 continue to be governed as before dissolution until the effective date
23 of the dissolution specified in the elector initiated dissolution plan,
24 which date shall be no less than forty-five days after final approval of
25 such plan pursuant to subdivision three of section seven hundred eight-
26 y-four or subdivision three of section seven hundred eighty-six of this
27 title.
28 2. Notwithstanding subdivision one of this section, the] THE elector
29 initiated dissolution plan shall not take effect [if, no later than
30 forty-five days after final approval of such plan pursuant to subdivi-
31 sion three of section seven hundred eighty-four or subdivision three of
32 section seven hundred eighty-six of this title, electors of the local
33 government entity to be dissolved shall:
34 (a) file an original petition, containing not less than the number of
35 signatures provided for in subdivision three of this section, seeking a
36 referendum on the question whether the elector initiated dissolution
37 plan shall take effect, with the clerk of the town in which the entity
38 or the greater portion of its territory is located, except that if the
39 entity is a village the original petition of electors from the village
40 shall be filed with the clerk of the village; and
41 (b) thereafter less than] UNLESS a majority of the electors vote in
42 the affirmative on such question at a referendum.
43 [3. The petition shall be circulated, signed and authenticated in
44 substantial compliance with the provisions of section seven hundred
45 seventy-nine of this title, shall contain the signatures of at least
46 twenty-five percent of the number of electors or fifteen thousand elec-
47 tors, whichever is less, in the local government entity to be dissolved,
48 and shall be accompanied by a cover sheet containing the name, address
49 and telephone number of an individual who signed the petition and who
50 will serve as a contact person.
51 4. Within ten days of the filing of the petition seeking a referendum
52 on whether the elector initiated dissolution plan shall take effect, the
53 clerk with whom the petition was filed shall make a final determination
54 regarding the sufficiency of the number of signatures on the petition
55 and provide timely written notice of such determination to the contact
56 person named in the cover sheet accompanying the petition. The contact
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1 person or any individual who signed the petition may seek judicial
2 review of such determination in a proceeding pursuant to article seven-
3 ty-eight of the civil practice law and rules. Upon the clerk's determi-
4 nation that the petition contains no less than the required number of
5 signatures, the governing body of the local government entity to be
6 dissolved shall within thirty days enact a resolution calling for a
7 referendum by the electors on the question whether the elector initiated
8 dissolution plan shall take effect and set a date for such referendum in
9 accordance with subdivision five of this section.
10 5.] 2. The referendum on the question OF whether the elector initiated
11 dissolution plan shall take effect shall be submitted at [a special
12 election to be held not less than sixty or more than ninety] THE LOCAL
13 GOVERNMENT ENTITY'S NEXT GENERAL ELECTION OR AT THE NEXT ELECTION TO
14 FILL A VACANCY IN OFFICE FOR A LOCAL ELECTED OFFICIAL OF THE LOCAL
15 GOVERNMENT ENTITY, WHICHEVER IS SOONER, BUT IN NO CASE MAY THE REFEREN-
16 DUM BE HELD SOONER THAN FORTY-FIVE days after enactment of a resolution
17 APPROVING THE FINAL VERSION OF THE ELECTOR INITIATED DISSOLUTION PLAN
18 pursuant to subdivision [four] THREE of [this section, provided, howev-
19 er, that in cases where a town or village general election falls within
20 such period, the referendum question may be considered during a town or
21 village general election] SECTION SEVEN HUNDRED EIGHTY-FOUR OF THIS
22 TITLE.
23 [6.] 3. Notice of the referendum shall be given to the electors of the
24 local government entity to be dissolved by publication in a newspaper
25 having a general circulation within the boundaries of the entity at
26 least once a week for four consecutive weeks immediately prior to the
27 referendum. The notice shall include, but not be limited to:
28 (a) a summary of the contents of the resolution and elector initiated
29 dissolution plan;
30 (b) a statement as to where may be examined a copy of the resolution
31 and elector initiated dissolution plan;
32 (c) the time and place or places at which the referendum will be held,
33 in accordance with subdivision [five] TWO of this section; and
34 (d) such other matters as may be necessary to call, provide for and
35 give notice of the referendum and to provide for the conduct thereof and
36 the canvass of the returns thereupon.
37 [7.] 4. In a referendum held pursuant to this section, the referendum
38 question shall be placed before the electors of the local government
39 entity to be dissolved in a form reading substantially as follows:
40 "The voters of the (insert type and name of local government entity to
41 be dissolved) having previously voted to dissolve, shall the elector
42 initiated dissolution plan take effect?
43 YES ____
44 NO ____"
45 [8.] 5. The elector initiated dissolution plan shall not take effect
46 unless a majority of the electors voting in the local government entity
47 to which the petition applies votes in favor of dissolution. If such a
48 majority vote does not result, the referendum shall fail and dissolution
49 shall not take effect.
50 6. IF THE REFERENDUM SHALL FAIL, THE DISSOLUTION PROCESS SPECIFIED BY
51 THIS TITLE SHALL NOT BE INITIATED FOR THE LOCAL GOVERNMENT ENTITY BY
52 ELECTORATE PETITION PURSUANT TO SECTION SEVEN HUNDRED SEVENTY-NINE OF
53 THIS TITLE WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM.
54 S 15. Subdivision 2 of section 33-a of the municipal home rule law, as
55 amended by chapter 74 of the laws of 2009, is amended to read as
56 follows:
A. 1274--A 13
1 2. Any such local law, or an amendment or repeal of one or more
2 provisions thereof which would have the effect of transferring or abol-
3 ishing a function or duty of the county or of the cities, towns,
4 villages, districts or other units of government wholly contained in the
5 county, shall not become operative unless and until it is approved at a
6 general election or at a special election, held in the county by receiv-
7 ing a majority of the total votes cast thereon: (a) in the area of the
8 county outside of cities and (b) in the area of cities of the county, if
9 any, considered as one unit, and if it provides for the transfer of any
10 function or duty to or from any village or for the abolition of any
11 office, department, agency or unit of government of a village wholly
12 contained in the county, it shall not take effect unless it shall also
13 receive a majority of [all] the votes cast thereon in [all] EACH OF the
14 villages OR LOCAL UNITS OF GOVERNMENT so affected [considered as one
15 unit]. Such a local law, amendment or repeal thereof, shall provide for
16 its submission to the electors of the county at the next general
17 election or at a special election, occurring not less than sixty days
18 after the adoption thereof by the board of supervisors.
19 S 16. This act shall take effect immediately.
