Bill Text: NY A05636 | 2017-2018 | General Assembly | Introduced
Bill Title: Exempts villages and fire districts from local consolidation and dissolution of government.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-01-03 - referred to local governments [A05636 Detail]
Download: New_York-2017-A05636-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5636 2017-2018 Regular Sessions IN ASSEMBLY February 14, 2017 ___________ Introduced by M. of A. CURRAN, FINCH -- Multi-Sponsored by -- M. of A. GRAF -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, the town law, the village law and the local finance law in relation to exempting villages and fire districts from the local consolidation or dissolution of local govern- ments; and to repeal certain provisions 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. Subdivisions 4 and 13 of section 750 of the general munici- 2 pal law, as added by chapter 74 of the laws of 2009, are amended to read 3 as follows: 4 4. "Contiguous" shall mean when a portion of a town [or village] abuts 5 the boundary of another town [or village], including a town [or village] 6 separated from the exact boundary of another town [or village] by a 7 street, road, railroad, highway, river or other natural or artificial 8 stream or body of water. 9 13. "Local government entity" or "entity" shall mean a town, 10 [village,] district, special improvement district or other improvement 11 district, including, but not limited to, special districts created 12 pursuant to articles eleven, twelve, twelve-A or thirteen of the town 13 law, library districts, and other districts created by law; provided, 14 however, that a local government entity shall not include villages, 15 school districts, city districts, fire districts, or special purpose 16 districts created by counties under county law. 17 § 2. Section 756 of the general municipal law, as added by chapter 74 18 of the laws of 2009, is amended to read as follows: 19 § 756. Effective date of joint consolidation agreement. Local govern- 20 ment entities consolidated pursuant to a joint consolidation agreement 21 shall continue to be governed as before consolidation until the effec- 22 tive date of the consolidation specified in the joint consolidation EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08488-01-7A. 5636 2 1 agreement; provided, however, that no joint consolidation agreement 2 consolidating two or more towns, two or more villages or one or more 3 towns and villages shall take effect unless approved by a majority of 4 electors in each such town [and/or village] at a referendum called 5 through a resolution enacted pursuant to section seven hundred fifty- 6 five of this title. 7 § 3. Subdivisions 1 and 3 of section 757 of the general municipal law, 8 as added by chapter 74 of the laws of 2009, are amended to read as 9 follows: 10 1. The electors of two or more local government entities may commence 11 a consolidation proceeding by filing an original petition, containing 12 not less than the number of signatures provided for in subdivision two 13 of this section and in the form provided for in subdivision three of 14 this section, with the clerk of the town in which the entities or the 15 greater portion of their territory are located[, except that if one or16more of the entities to be consolidated is a village the original peti-17tion of electors from the village shall be filed with the clerk of the18village]. Accompanying the filed petition shall be a cover sheet 19 containing the name, address and telephone number of an individual who 20 signed the petition and who will serve as a contact person. 21 3. The petition shall substantially comply with, and be circulated in, 22 the following form: 23 PETITION FOR LOCAL GOVERNMENT CONSOLIDATION 24 We, the undersigned electors and legal voters of (insert type of local 25 government entity - e.g., town[, village] or district) of (insert name 26 of local government entity), New York, qualified to vote at the next 27 general or special election, respectfully petition that there be submit- 28 ted to the electors and legal voters of (insert type and name of local 29 government entities proposed to be consolidated), for their approval or 30 rejection at a referendum held for that purpose, a proposal to consol- 31 idate (insert type and name of local government entity) with (insert 32 type and name of local government entity or entities). 33 In witness whereof, we have signed our names on the dates indicated 34 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 of the petition, after all of the numbered 40 signatures, insert a signed statement of a witness who is a duly quali- 41 fied elector of the state of New York. Such a statement shall be 42 accepted for all purposes as the equivalent of an affidavit, and if it 43 contains a material false statement, shall subject the person signing it 44 to the same penalties as if he or she has been duly sworn. The form of 45 such statement shall be substantially as follows: 46 I, (insert name of witness), state that I am a duly qualified voter of 47 the state of New York. Each of the persons that have signed this peti- 48 tion sheet containing (insert number) signatures have signed their names 49 in my presence on the dates indicated above and identified themselves to 50 be the same person who signed the sheet. I understand that this state- 51 ment will be accepted for all purposes as the equivalent of an affida- 52 vit, and if it contains a materially false statement, shall subject me 53 to the penalties of perjury. 54 _________________ _________________________________ 55 Date Signature of Witness)A. 5636 3 1 (In lieu of the signed statement of a witness who is a duly qualified 2 voter of the state of New York, the following statement signed by a 3 notary public or a commissioner of deeds shall be accepted: 4 On the date indicated above before me personally came each of the 5 electors and legal voters whose signatures appear on this petition sheet 6 containing (insert number) signatures, who signed the petition in my 7 presence and who, being by me duly sworn, each for himself or herself, 8 identified himself or herself as the one and same person who signed the 9 petition and that the foregoing information they provided was true. 10 _________________ _________________________________ 11 Date Notary Public or Commissioner of Deeds) 12 § 4. Subdivision 1 of section 758 of the general municipal law, as 13 added by chapter 74 of the laws of 2009, is amended to read as follows: 14 1. A referendum required by sections seven hundred fifty-five or seven 15 hundred fifty-seven of this title shall be placed before the electors of 16 each of the local government entities to be consolidated at a special 17 election to be held not less than sixty or more than ninety days after 18 the enactment of a resolution calling for such referendum, provided, 19 however, that in cases where a town [or village] general election falls 20 within such period, the question may be considered during a town [or21village] general election. 22 § 5. Paragraph (a) of subdivision 2 and subdivision 5 of section 763 23 of the general municipal law, as added by chapter 74 of the laws of 24 2009, are amended to read as follows: 25 (a) file an original petition, containing not less than the number of 26 signatures provided for in subdivision three of this section, seeking a 27 referendum on the question whether the elector initiated consolidation 28 plan shall take effect, with the clerk of the town in which the entity 29 or the greater portion of its territory is located[, except that if the30entity is a village the original petition of electors from the village31shall be filed with the clerk of the village]; and 32 5. The referendum on the question whether the elector initiated 33 consolidation plan shall take effect shall be submitted at a special 34 election to be held not less than sixty or more than ninety days after 35 enactment of a resolution pursuant to subdivision four of this section, 36 provided, however, that in cases where a town [or village] general 37 election falls within such period, the referendum question may be 38 considered during a town [or village] general election. 39 § 6. Subdivision 4 of section 775 of the general municipal law is 40 REPEALED. 41 § 7. Section 777 of the general municipal law is REPEALED. 42 § 8. Section 778 of the general municipal law, as added by chapter 74 43 of the laws of 2009, is amended to read as follows: 44 § 778. Effective date of dissolution plan. A local government entity 45 dissolved pursuant to a dissolution plan shall continue to be governed 46 as before dissolution until the effective date of the dissolution speci- 47 fied in the dissolution plan[; provided, however, that no dissolution48plan for a village shall take effect unless approved by a majority of49electors of the village at a referendum called through a resolution50enacted pursuant to section seven hundred seventy-seven of this title]. 51 § 9. Subdivisions 1 and 3 of section 779 of the general municipal law, 52 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 thisA. 5636 4 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 a4village the original petition of electors from the village shall be5filed 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. 9 3. The petition shall substantially comply with, and be circulated in, 10 the following form: 11 PETITION FOR LOCAL GOVERNMENT DISSOLUTION 12 We, the undersigned, electors and legal voters of (insert type of 13 local government entity -- e.g., town[, village] or district) of (insert 14 name of local government entity), New York, qualified to vote at the 15 next general or special election, respectfully petition that there be 16 submitted to the electors of (insert type and name of local government 17 entity proposed to be dissolved), for their approval or rejection at a 18 referendum held for that purpose, a proposal to dissolve and terminate 19 (insert type and name of local government entity). 20 In witness whereof, we have signed our names on the dates indicated 21 next to our signatures. 22 Date Name - print name under signature Home Address 23 1. ________ _________________________________ ____________ 24 2. ________ _________________________________ ____________ 25 3. ________ _________________________________ ____________ 26 (On the bottom of each page of the petition, after all of the numbered 27 signatures, insert a signed statement of a witness who is a duly quali- 28 fied elector of the state of New York. Such a statement shall be 29 accepted for all purposes as the equivalent of an affidavit, and if it 30 contains a material false statement, shall subject the person signing it 31 to the same penalties as if he or she has been duly sworn. The form of 32 such statement shall be substantially as follows: 33 I, (insert name of witness), state that I am a duly qualified voter of 34 the state of New York. Each of the persons that have signed this peti- 35 tion sheet containing (insert number) signatures, have signed their 36 names in my presence on the dates indicated above and identified them- 37 selves to be the same person who signed the sheet. I understand that 38 this statement will be accepted for all purposes as the equivalent of an 39 affidavit, and if it contains a materially false statement, shall 40 subject me to the penalties of perjury. 41 _________________ _________________________________ 42 Date Signature of Witness) 43 (In lieu of the signed statement of a witness who is a duly qualified 44 voter of the state of New York, the following statement signed by a 45 notary public or a commissioner of deeds shall be accepted: 46 On the date indicated above before me personally came each of the 47 electors and legal voters whose signatures appear on this petition sheet 48 containing (insert number) signatures, who signed the petition in my 49 presence and who, being by me duly sworn, each for himself or herself, 50 identified himself or herself as the one and same person who signed the 51 petition and that the foregoing information they provided was true. 52 _____________________ _________________________________ 53 Date Notary Public or Commissioner of Deeds) 54 § 10. Subdivision 7 of section 779 of the general municipal law is 55 REPEALED.A. 5636 5 1 § 11. Subdivision 4 of section 783 of the general municipal law is 2 REPEALED. 3 § 12. Paragraph (a) of subdivision 2 and subdivision 5 of section 785 4 of the general municipal law, as added by chapter 74 of the laws of 5 2009, are amended to read as follows: 6 (a) file an original petition, containing not less than the number of 7 signatures provided for in subdivision three of this section, seeking a 8 referendum on the question whether the elector initiated dissolution 9 plan shall take effect, with the clerk of the town in which the entity 10 or the greater portion of its territory is located[, except that if the11entity is a village the original petition of electors from the village12shall be filed with the clerk of the village]; and 13 5. The referendum on the question whether the elector initiated 14 dissolution plan shall take effect shall be submitted at a special 15 election to be held not less than sixty or more than ninety days after 16 enactment of a resolution pursuant to subdivision four of this section, 17 provided, however, that in cases where a town [or village] general 18 election falls within such period, the referendum question may be 19 considered during a town [or village] general election. 20 § 13. Section 789 of the general municipal law is REPEALED. 21 § 14. Subdivisions 1 and 2 of section 174 of the town law, as amended 22 by chapter 74 of the laws of 2009, are amended to read as follows: 23 1. (a) Whenever a fire district shall be established, within ten days 24 thereafter the town board of the town in which such district is located 25 or, in the case of a district including territory in two or more towns, 26 the town boards of such towns acting jointly by a majority vote of the 27 members of each of such town boards, shall appoint five fire district 28 commissioners and a treasurer for such district who shall hold their 29 respective offices until the thirty-first day of December next succeed- 30 ing; provided, however, that if such district be established subsequent 31 to the first day of October in any year, the officers so appointed by 32 the town board shall hold office until the thirty-first day of December 33 of the next succeeding calendar year. A person so appointed as fire 34 district commissioner shall not serve as chief or assistant chief of the 35 fire district fire department after taking his oath of office as such 36 commissioner and during the time he serves as such commissioner pursuant 37 to such appointment. The town clerk shall immediately notify the 38 appointees of their appointment and of the time and place which he shall 39 fix for the organization meeting of the board of fire commissioners, 40 which meeting shall be held not later than ten days after the appoint- 41 ment of said officers. At such organization meeting, the treasurer shall 42 preside until such time as a chairman of the board of fire commissioners 43 shall be chosen, but such treasurer shall not be entitled to a vote at 44 such meeting. The board of fire commissioners shall appoint a secretary 45 who shall hold office until the thirty-first day of December following 46 the first election of fire district officers. 47 (b) Whenever two or more fire districts shall have been consolidated, 48 pursuant to this article, the several commissioners of each of such 49 districts shall constitute the board of fire commissioners thereof and 50 the several treasurers of such districts shall serve jointly as the 51 treasurers of such consolidated district, until the thirty-first day of 52 December next succeeding the first election of fire district commission- 53 ers and a treasurer for such consolidated district, held pursuant to 54 subdivision two of this section. The terms of office of such fire 55 district officers of the several districts so consolidated shall termi- 56 nate on said thirty-first day of December next succeeding such election.A. 5636 6 1 2. The first election of fire district officers shall be held on the 2 second Tuesday in December next succeeding the establishment or consol- 3 idation of such fire district; provided, however, that if such district 4 be established or consolidated at a time subsequent to the first day of 5 October in any year, the first election of fire district officers shall 6 be held on the second Tuesday in the month of December of the next 7 succeeding calendar year. At the first annual election of fire district 8 officers, five district commissioners shall be elected and a treasurer. 9 The person receiving the greatest number of votes for the office of fire 10 commissioner shall be elected for a term of five years; the person 11 receiving the second highest number of votes shall be elected for a term 12 of four years; the person receiving the third highest number of votes 13 shall be elected for a term of three years; the person receiving the 14 fourth highest number of votes shall be elected for a term of two years 15 and the person receiving the fifth highest number of votes shall be 16 elected for a term of one year. In the event that two persons shall 17 receive the same number of votes the terms of office shall be decided by 18 lot. At each subsequent election of fire district officers a commission- 19 er shall be elected for the full term of five years. In the event that 20 two or more persons receive the same number of votes thereat, a special 21 election between the tying parties receiving the highest number of votes 22 to fill the vacancy shall be held within forty-five days after such 23 election. The fire district treasurer shall be elected for a term of 24 three years. The fire district secretary shall be appointed by the fire 25 district commissioners and shall serve for a period of one year. The 26 fire district secretary in office at the time such election is held 27 shall immediately notify the officers elected of their election and that 28 an organization meeting will be held on the day specified in said 29 notice, which shall not be later than the fifteenth day of January next 30 ensuing. At such organization meeting, the treasurer shall preside until 31 such time as a chairman of the board of fire commissioners shall be 32 chosen, but such treasurer shall not be entitled to a vote at such meet- 33 ing. 34 § 15. Subdivision 1 of section 176 of the town law, as amended by 35 chapter 74 of the laws of 2009, is amended to read as follows: 36 1. Shall elect one of their members as chairman at the first meeting 37 of fire commissioners after such district shall have been established or 38 consolidated and annually thereafter at the first meeting thereof 39 following each election of fire district officers. Such chairman, when 40 present, shall preside at the meetings of the board of fire commission- 41 ers. In the absence of the chairman the other members may designate one 42 of their members to act as temporary chairman. 43 § 16. Section 189-e of the town law, as amended by chapter 74 of the 44 laws of 2009, is amended to read as follows: 45 § 189-e. Management of affairs of joint fire districts. Subject to the 46 restrictions hereinafter established, the property and affairs of joint 47 fire districts shall be under the management and control and in charge 48 of a board of not less than three and not more than seven commissioners, 49 appointed by the town board of the town or the town boards of the towns 50 and the board of trustees of the village or the boards of trustees of 51 the villages in joint session as hereinafter provided, or elected as 52 provided in article eleven of this chapter, as may be determined by 53 resolution adopted at the meeting for the establishment of the district 54 in the same manner as the resolution for the establishment of the 55 district is adopted[; or as may be determined by a joint consolidation56agreement or elector initiated consolidation plan in accordance withA. 5636 7 1article seventeen-A of the general municipal law]. In case it is deter- 2 mined that the commissioners shall be selected in the manner provided by 3 article eleven of this chapter, the appointments as provided for in 4 subdivision one of section one hundred seventy-four of this chapter 5 shall be made by the town board, or, if the district includes territory 6 in more than one town, by the town board of all of the towns at a joint 7 session held at one location within the district and thereafter 8 elections shall be held as provided in article eleven of this chapter 9 except that the terms of the commissioners shall be as hereinafter 10 provided. They shall be residents of such district and in case selection 11 is made as provided in article eleven of this chapter there shall be no 12 other residential requirement, but otherwise if there are an even number 13 of commissioners not more than half at any time shall be residents of 14 such village or villages and if there are an odd number, the number that 15 are residents of such village or villages shall not exceed the number 16 that are residents of such town or towns by more than one. First 17 appointments hereunder shall be made in the following manner: If there 18 be three commissioners, the term of one shall expire one year, of anoth- 19 er two years and of the other three years from the then next ensuing 20 thirty-first day of December, and thereafter one shall be appointed 21 annually for a term of three years from the date of the expiration of 22 the term of his predecessor. If there be four commissioners, the term of 23 one shall expire one year, of another two years, of another three years, 24 and of the other four years from the then next ensuing thirty-first day 25 of December, and thereafter one shall be appointed annually for a term 26 of four years from the date of the expiration of the term of his prede- 27 cessor. If there be five commissioners, the term of one shall expire one 28 year, of another two years, of another three years, of another four 29 years, and of the other five years from the then next ensuing thirty- 30 first day of December, and thereafter one shall be appointed annually 31 for a term of five years from the date of the expiration of a term of 32 his predecessor. If there be six commissioners, the term of one shall 33 expire one year, of another two years, of another three years, of anoth- 34 er four years, and of the remaining two, five years from the then next 35 ensuing thirty-first day of December, and thereafter appointments shall 36 be made for a term of five years from the date of the expiration of the 37 term of each commissioner. If there be seven commissioners, the term of 38 one shall expire one year, of another two years, of another three years, 39 and of two of the others four years, and of the remaining two, five 40 years from the then next ensuing thirty-first day of December, and ther- 41 eafter appointments shall be made for a term of five years from the date 42 of the expiration of the term of each commissioner. Such board of 43 commissioners may employ necessary labor and assistants, at a compen- 44 sation approved by such boards in joint session. Such commissioners 45 shall receive no compensation for their services, but they and their 46 employees shall be allowed and paid their necessary expenses, payable as 47 expenses of the district. 48 § 17. Subdivision 2-a of section 2-254 of the village law, as amended 49 by chapter 74 of the laws of 2009, is amended to read as follows: 50 2-a. If the limits of a village incorporated prior to the first day of 51 April, nineteen hundred sixty-five are coterminous with the limits of, 52 or wholly include the territory of, a district, the board of trustees of 53 the village, by local law [or pursuant to the provisions of article54seventeen-A of the general municipal law], may abolish any such 55 district. In addition to any other notice required in connection with 56 the adoption of such local law generally, thirty days' written notice ofA. 5636 8 1 the hearing to be held in connection with such local law shall be given 2 to the governing body of any such district and to the town clerk. A 3 certified copy of any such local law shall be served upon or mailed to 4 such governing body and clerk within five days following the adoption 5 thereof. Except as otherwise provided in this section, the powers and 6 duties of the governing body of a district so abolished and of all the 7 officers of the district in connection therewith shall cease and deter- 8 mine upon the effective date of such local law and any board of commis- 9 sioners, any office of commissioner and any other office of any such 10 district shall also cease to exist at such time. No such local law shall 11 become effective except on the last day of a fiscal year of the town or 12 district, as the case may be. 13 § 18. Paragraph 21-a of section 2.00 of the local finance law, as 14 amended by chapter 74 of the laws of 2009, is amended to read as 15 follows: 16 21-a. The term "full valuation", when used in relation to real proper- 17 ty subject to taxation by a fire district, shall mean the valuation 18 which is derived by dividing the assessed valuation of the real property 19 concerned, as shown by the last completed assessment roll for the fire 20 district, by the town equalization rate established by the authorized 21 state officer or agency for such roll. Where, in the case of a newly- 22 created fire district, there is no completed assessment roll for such 23 fire district, full valuation shall be determined from the last 24 completed assessment roll upon which the real property included within 25 the district was assessed for town purposes prior to such creation. 26 Where, after the boundaries of a fire district shall have been changed 27 so that real property subject to taxation for fire district purposes 28 shall have been thereby added to or subtracted from the area of the fire 29 district, there is no completed assessment roll for the fire district as 30 so changed, full valuation shall be determined from the last completed 31 assessment roll upon which the real property included in the fire 32 district after such change was assessed prior to such change for town or 33 fire district purposes, as the case may be. For the purpose of contract- 34 ing indebtedness or for the purpose of preparing debt statements, the 35 assessment rolls referred to in this [subdivision] paragraph shall mean 36 such assessment rolls as completed, verified and filed by the assessors. 37 Where two or more fire districts consolidate to form one fire district 38 pursuant to section one hundred seventy-two of the town law, the consol- 39 idated fire district, for the purpose of this [subdivision] paragraph, 40 shall not be deemed a newly-created fire district, but shall be deemed 41 an existing fire district and its full valuation shall be determined 42 accordingly. 43 § 19. Notwithstanding the provisions of article 5 of the general 44 construction law, the provisions of sections 172, 172-b, 172-d, 185 and 45 189-c of the town law and sections 18-1806, 18-1808, 18-1810, 18-1812, 46 18-1814, 18-1816 and 18-1818 and article 19 of the village law shall be 47 revived and be read as such provisions existed in law on the date imme- 48 diately preceding the effective date of chapter 74 of the laws of 2009. 49 § 20. This act shall take effect immediately and shall be deemed to 50 have been in full force and effect on the same date and in the same 51 manner as chapter 74 of the laws of 2009, as amended, took effect.
