Bill Text: NY S01824 | 2011-2012 | General Assembly | Introduced
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: Bipartisan Bill
Status: (Engrossed - Dead) 2012-06-20 - referred to local governments [S01824 Detail]
Download: New_York-2011-S01824-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1824 2011-2012 Regular Sessions I N S E N A T E January 13, 2011 ___________ 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 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: 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. LBD01531-01-1 S. 1824 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 (J) each entity's assets, including, but not limited to, real and 15 personal property, and the fair value thereof in current money of the 16 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 S 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 S 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. 1824 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 S 3. Subdivision 2 of section 757 of the general municipal law, as 5 added by chapter 74 of the laws of 2009, is amended to read as follows: 6 2. The petition shall contain [the] signatures [of] EQUAL TO at least 7 ten percent of the number of electors AT THE LAST GENERAL ELECTION OF 8 THE LOCAL GOVERNMENT ENTITY or five thousand [electors], whichever is 9 less, in each local government entity to be consolidated; provided, 10 however, that where the local government entity to be consolidated 11 contains five hundred or fewer electors, the petition shall contain 12 [the] signatures [of] EQUAL TO at least twenty percent of the number of 13 electors AT THE LAST GENERAL ELECTION OF THE LOCAL GOVERNMENT ENTITY. No 14 signature on a petition is valid unless it is the original signature of 15 an elector AND SIGNED WITHIN SIXTY DAYS OF THE PETITION BEING FILED WITH 16 THE CLERK. 17 S 4. Section 760 of the general municipal law, as added by chapter 74 18 of the laws of 2009, is amended to read as follows: 19 S 760. Duty to approve proposed elector initiated consolidation plan. 20 1. In the case of a proposed consolidation of local government entities 21 properly initiated by petition of electors pursuant to section seven 22 hundred fifty-seven of this title, if a majority of the electors voting 23 in a referendum held in each of the local government entities to be 24 consolidated vote in favor of consolidation, the entities' governing 25 body or bodies shall meet within thirty days after certification of the 26 favorable vote [and, within one hundred eighty days of such meeting, 27 prepare and approve by resolution a proposed elector initiated consol- 28 idation plan]. 29 2. WITHIN TWELVE MONTHS OF A MEETING OF THE LOCAL GOVERNING BODY OR 30 BODIES PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE LOCAL GOVERNING 31 BODY OR BODIES MUST PREPARE AND APPROVE A PROPOSED ELECTOR INITIATED 32 CONSOLIDATION PLAN. THE LOCAL GOVERNING BODY OR BODIES MAY EXTEND THE 33 TIME TO COMPLETE THE CONSOLIDATION PLAN BY NINETY-DAY INTERVALS FOR UP 34 TO ONE ADDITIONAL YEAR. 35 3. The proposed elector initiated consolidation plan shall include: 36 (a) the name of each local government entity to be consolidated; 37 (b) the name of what will be the consolidated local government entity, 38 which name shall be such as to distinguish it from the name of any other 39 like unit of government in the state of New York (except the name of any 40 one of the entities to be consolidated); 41 (c) the rights, duties and obligations of the consolidated local 42 government entity; 43 (d) the territorial boundaries of the consolidated local government 44 entity; 45 (e) the type and/or class of the consolidated local government entity; 46 (f) the governmental organization of the consolidated local government 47 entity insofar as it concerns elected and appointed officials and public 48 employees, along with a transitional plan and schedule for elections and 49 appointments of officials; 50 (g) a fiscal estimate of the cost of and savings which may be realized 51 from consolidation, INCLUDING BUT NOT LIMITED TO: 52 (I) INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE; 53 (II) DISCONTINUING AND/OR RESTRUCTURING THE PROVISION OF PARTICULAR 54 SERVICES, AND THE EXTENT TO WHICH DISCONTINUING AND/OR RESTRUCTURING 55 SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH CONSOLIDATION; 56 (III) THE ELIMINATION OF ELECTED OFFICES; S. 1824 4 1 (IV) INCREASED AID FROM THE STATE TO THE RESULTING LOCAL GOVERNMENT 2 ENTITY; AND 3 (V) THE EXTENT TO WHICH SERVICES WILL NO LONGER BE PROVIDED THROUGH 4 THE USE OF VOLUNTEERS; 5 (h) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS 6 LOCATED IN THE LOCAL GOVERNMENT ENTITIES TO BE CONSOLIDATED; 7 (I) WHETHER THE CONSOLIDATION WILL RESULT IN A NET INCREASE OR 8 DECREASE IN THE STATE'S LOCAL GOVERNMENT ENTITIES AS THAT TERM IS 9 DEFINED IN THIS ARTICLE; 10 (J) each entity's assets, including, but not limited to, real and 11 personal property, and the fair value thereof in current money of the 12 United States; 13 [(i)] (K) each entity's liabilities and indebtedness, bonded and 14 otherwise, and the fair value thereof in current money of the United 15 States; 16 [(j)] (L) terms for the disposition of existing assets, liabilities 17 and indebtedness of each local government entity, either jointly, sepa- 18 rately or in certain defined proportions; 19 [(k)] (M) terms for the common administration and uniform enforcement 20 of local laws, ordinances, resolutions, orders and the like, within the 21 consolidated local government entity, consistent with section seven 22 hundred sixty-nine of this title; 23 [(l)] (N) the effective date of the consolidation; and 24 [(m)] (O) the time and place or places for the public hearing or hear- 25 ings on such proposed elector initiated consolidation plan pursuant to 26 section seven hundred sixty-two of this title. 27 S 5. Section 763 of the general municipal law, as added by chapter 74 28 of the laws of 2009, is amended to read as follows: 29 S 763. [Effective date of] REFERENDUM ON THE elector initiated consol- 30 idation plan[; permissive referendum]. 1. [Local government entities 31 consolidated pursuant to an elector initiated consolidated plan shall 32 continue to be governed as before consolidation until the effective date 33 of the consolidation specified in such plan, which date shall be no less 34 than forty-five days after final approval of such plan pursuant to 35 subdivision three of section seven hundred sixty-two or subdivision four 36 of section seven hundred sixty-four of this title. 37 2. Notwithstanding subdivision one of this section, the] THE elector 38 initiated consolidation plan shall not take effect [if, no later than 39 forty-five days after final approval thereof pursuant to subdivision 40 three of section seven hundred sixty-two or subdivision four of section 41 seven hundred sixty-four of this title, electors of a local government 42 entity to be consolidated pursuant to such plan shall: 43 (a) file an original petition, containing not less than the number of 44 signatures provided for in subdivision three of this section, seeking a 45 referendum on the question whether the elector initiated consolidation 46 plan shall take effect, with the clerk of the town in which the entity 47 or the greater portion of its territory is located, except that if the 48 entity is a village the original petition of electors from the village 49 shall be filed with the clerk of the village; and 50 (b) thereafter less than] UNLESS a majority of the electors in [the] 51 EACH entity vote in the affirmative on such question at a referendum. 52 [3. The petition shall be circulated, signed and authenticated in 53 substantial compliance with the provisions of section seven hundred 54 fifty-seven of this title, shall contain the signatures of at least 55 twenty-five percent of the number of electors or fifteen thousand elec- 56 tors, whichever is less, in the local government entity to be consol- S. 1824 5 1 idated, and shall be accompanied by a cover sheet containing the name, 2 address and telephone number of an individual who signed the petition 3 and who will serve as a contact person. 4 4. Within ten days of the filing of the petition seeking a referendum 5 on whether the elector initiated dissolution plan shall take effect, the 6 clerk with whom the petition was filed shall make a final determination 7 regarding the sufficiency of the number of signatures on the petition 8 and provide timely written notice of such determination to the contact 9 person named in the cover sheet accompanying the petition. The contact 10 person or any individual who signed the petition may seek judicial 11 review of such determination in a proceeding pursuant to article seven- 12 ty-eight of the civil practice law and rules. Upon the clerk's determi- 13 nation that the petition contains no less than the required number of 14 signatures, the governing body of the local government entity to which 15 such petition applies shall within thirty days enact a resolution call- 16 ing for a referendum by the electors of such entity on the question 17 whether to approve the elector initiated consolidation plan and set a 18 date for such referendum in accordance with subdivision five of this 19 section. 20 5.] 2. The referendum on the question OF whether the elector initiated 21 consolidation plan shall take effect shall be submitted at [a special 22 election to be held not less than sixty or more than ninety] THE LOCAL 23 GOVERNMENT ENTITY'S NEXT GENERAL ELECTION OR AT THE NEXT ELECTION TO 24 FILL A VACANCY IN OFFICE FOR A LOCAL ELECTED OFFICIAL OF THE LOCAL 25 GOVERNMENT ENTITY, WHICHEVER IS SOONER, BUT IN NO CASE MAY THE REFEREN- 26 DUM BE HELD SOONER THAN FORTY-FIVE days after enactment of a resolution 27 pursuant to subdivision [four] THREE of this section[, provided, howev- 28 er, that in cases where a town or village general election falls within 29 such period, the referendum question may be considered during a town or 30 village general election]. 31 [6.] 3. Notice of the referendum shall be given to the electors of the 32 local government entity to which the petition applies by publication in 33 a newspaper having a general circulation within the boundaries of the 34 entity at least once a week for four consecutive weeks immediately prior 35 to the referendum. The notice shall include, but not be limited to: 36 (a) a summary of the contents of the resolution and elector initiated 37 consolidation plan; 38 (b) a statement as to where may be examined a copy of the resolution 39 and elector initiated consolidation plan; 40 (c) the time and place or places at which the referendum will be held, 41 in accordance with subdivision [five] TWO of this section; and 42 (d) such other matters as may be necessary to call, provide for and 43 give notice of the referendum and to provide for the conduct thereof and 44 the canvass of the returns thereupon. 45 [7.] 4. In a referendum held pursuant to this section, the referendum 46 question shall be placed before the electors of the local government 47 entity to which the petition applies in a form reading substantially as 48 follows: 49 "The voters of the (insert type and name of each local government 50 entity to which the consolidation plan applies) having previously voted 51 to consolidate, shall the elector initiated consolidation plan take 52 effect? 53 YES ____ 54 NO _____" 55 [8.] 5. The elector initiated consolidation plan shall not take effect 56 unless a majority of the electors voting in the local government entity S. 1824 6 1 to which the petition applies vote in favor of such plan taking effect. 2 If such a majority vote does not result, the referendum shall fail and 3 consolidation shall not take effect. 4 6. 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. 8 S 6. Paragraph (a) of subdivision 2 of section 773 of the general 9 municipal law, as added by chapter 74 of the laws of 2009, is amended to 10 read as follows: 11 (a) a resolution of the governing body of the local government entity 12 to be dissolved [endorsing a proposed dissolution plan]; or 13 S 7. Section 774 of the general municipal law, as added by chapter 74 14 of the laws of 2009, is amended to read as follows: 15 S 774. Proposed dissolution plan. 1. The governing body of a local 16 government entity may, by resolution, [endorse a proposed dissolution 17 plan for the purpose of commencing dissolution proceedings under this 18 article] INITIATE A DISSOLUTION PROCEEDING BY FORMING A COMMISSION TO 19 STUDY, FORMULATE A PLAN FOR, AND MAKE RECOMMENDATIONS REGARDING THE 20 DISSOLUTION AND TERMINATION OF A LOCAL GOVERNMENT ENTITY. 21 2. THE COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION 22 MAY HAVE ANY NUMBER OF MEMBERS THE LOCAL GOVERNING BODY DETERMINES TO BE 23 BENEFICIAL FOR DEVELOPING A DISSOLUTION PLAN WITH THE REQUIREMENT THAT 24 THE COMMISSION MUST, IN ADDITION TO APPOINTMENTS MADE BY THE CHIEF 25 ELECTED OFFICER THAT ARE SUBJECT TO THE GOVERNING BODY'S APPROVAL, 26 INCLUDE THE CHIEF ELECTED OFFICIAL (OR IN THE CASE OF A SPECIAL DISTRICT 27 OR FIRE DISTRICT, THE CHAIRMAN OF THE BOARD OF COMMISSIONERS) OF THE 28 LOCAL GOVERNMENT ENTITY, ONE MEMBER OF THE LOCAL GOVERNMENT ENTITY'S 29 GOVERNING BODY TO BE SELECTED BY A MAJORITY VOTE OF THE GOVERNING BODY 30 (OR IN THE CASE OF A SPECIAL DISTRICT OR FIRE DISTRICT, THE BOARD OF 31 COMMISSIONERS MUST SELECT NO LESS THAN ONE COMMISSIONER OR REPRESEN- 32 TATIVE), AND THE SUPERVISOR OF THE TOWN OR TOWNS IN WHICH THE LOCAL 33 GOVERNMENT ENTITY IS LOCATED. 34 3. THE COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION 35 MAY FORM SUB-COMMITTEES AND CONDUCT COMMUNITY FORUMS AND PUBLIC HEARINGS 36 DEEMED NECESSARY TO DEVELOP A DISSOLUTION PLAN. IT SHALL BE A PROPER 37 PUBLIC PURPOSE FOR THE GOVERNING BODY OF THE LOCAL GOVERNMENT ENTITY TO 38 APPROPRIATE MONEY FOR NECESSARY EXPENSES RELATED TO STUDYING THE 39 PROPOSED DISSOLUTION AND DEVELOPING A DISSOLUTION PLAN. THE COMMISSION 40 SHALL BE A PUBLIC BODY WITHIN THE MEANING OF SECTION ONE HUNDRED TWO OF 41 THE PUBLIC OFFICERS LAW. MEMBERS OF THE COMMISSION ARE REQUIRED TO FILE 42 AN OATH OF OFFICE WITH THE CLERK OF THE LOCAL GOVERNMENT ENTITY. 43 4. WITHIN TWELVE MONTHS OF THE FORMATION OF A COMMISSION FORMED PURSU- 44 ANT TO SUBDIVISION ONE OF THIS SECTION, THE COMMISSION SHALL PREPARE AND 45 APPROVE A PROPOSED DISSOLUTION PLAN. THE LOCAL GOVERNING BODY MAY EXTEND 46 THE TIME TO COMPLETE THE DISSOLUTION PLAN BY NINETY-DAY INTERVALS FOR UP 47 TO ONE ADDITIONAL YEAR UPON THE REQUEST OF THE COMMISSION. 48 5. The proposed dissolution plan shall specify: 49 (a) the name of the local government entity to be dissolved; 50 (b) the territorial boundaries of the entity; 51 (c) the type and/or class of the entity; 52 (d) a fiscal estimate of the cost of dissolution; 53 (e) any plan for the transfer or elimination of public employees; 54 (f) the entity's assets, including but not limited to real and 55 personal property, and the fair value thereof in current money of the 56 United States; S. 1824 7 1 (g) the entity's liabilities and indebtedness, bonded and otherwise, 2 and the fair value thereof in current money of the United States; 3 (h) any agreements entered into with the town or towns in which the 4 entity is situated in order to carry out the dissolution; 5 (i) the manner and means by which the residents of the entity will 6 continue to be furnished municipal services following the entity's 7 dissolution; 8 (j) terms for the disposition of the entity's assets and the disposi- 9 tion of its liabilities and indebtedness, including the levy and 10 collection of the necessary taxes and assessments therefor; 11 (k) findings as to whether any local laws, ordinances, rules or regu- 12 lations of the entity shall remain in effect after the effective date of 13 the dissolution or shall remain in effect for a period of time other 14 than as provided by section seven hundred eighty-nine of this title; 15 (l) the effective date of the proposed dissolution; 16 (m) the time and place or places for a public hearing or hearings on 17 the proposed dissolution plan pursuant to section seven hundred seven- 18 ty-six of this title; [and] 19 (n) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS 20 LOCATED IN THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED; 21 (O) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS 22 OF THE TOWN OUTSIDE OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED; 23 (P) A FISCAL ESTIMATE OF THE COST OF AND SAVINGS WHICH MAY BE REALIZED 24 FROM DISSOLUTION, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: 25 (I) INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE; 26 (II) DISCONTINUING AND/OR RESTRUCTURING THE PROVISION OF PARTICULAR 27 SERVICES, AND THE EXTENT TO WHICH DISCONTINUING AND/OR RESTRUCTURING 28 SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH DISSOLUTION; 29 (III) THE ELIMINATION OF ELECTED OFFICES; 30 (IV) INCREASED AID FROM THE STATE TO THE RESULTING LOCAL GOVERNMENT 31 ENTITY; AND 32 (V) THE EXTENT TO WHICH SERVICES WILL NO LONGER BE PROVIDED THROUGH 33 THE USE OF VOLUNTEERS; 34 (Q) WHETHER THE DISSOLUTION WILL RESULT IN A NET INCREASE OR DECREASE 35 IN THE STATE'S LOCAL GOVERNMENT ENTITIES AS THAT TERM IS DEFINED IN THIS 36 ARTICLE; AND 37 (R) any other matter desirable or necessary to carry out the dissol- 38 ution. 39 6. A PUBLIC HEARING SHALL BE HELD ON THE FINALIZED PLAN AFTER AT LEAST 40 SEVEN DAYS NOTICE, PUBLISHED IN A NEWSPAPER WITH GENERAL CIRCULATION IN 41 THE LOCAL GOVERNMENT ENTITY. AFTER CONDUCTING SUCH PUBLIC HEARING, THE 42 COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION MUST FILE 43 A FINALIZED DISSOLUTION PLAN AND THE COMMISSION'S RECOMMENDATIONS ON 44 WHETHER TO DISSOLVE THE LOCAL GOVERNMENT ENTITY WITH THE CLERK OF SUCH 45 LOCAL GOVERNMENT ENTITY WHO MUST IMMEDIATELY DELIVER THE PLAN AND RECOM- 46 MENDATIONS TO THE LOCAL GOVERNMENT ENTITY'S GOVERNING BODY. 47 S 8. The opening paragraph of section 775 of the general municipal 48 law, as added by chapter 74 of the laws of 2009, is amended to read as 49 follows: 50 No later than five business days after [commencement of dissolution 51 proceedings] THE DELIVERY OF THE DISSOLUTION PLAN AND RECOMMENDATION 52 pursuant to section seven hundred seventy-four of this title, the 53 governing body of the local government entity to be dissolved shall: 54 S 9. Subdivisions 1 and 3 of section 776 of the general municipal law, 55 as added by chapter 74 of the laws of 2009, are amended to read as 56 follows: S. 1824 8 1 1. The governing body of the local government entity to be dissolved 2 shall set a time and place or places for one or more public hearings on 3 the proposed dissolution plan. The hearing or hearings shall be held no 4 less than thirty-five days and no more than ninety days after [commence- 5 ment of dissolution proceedings] RECEIVING THE DISSOLUTION PLAN RECOM- 6 MENDATIONS pursuant to section seven hundred seventy-four of this title. 7 Any interested person shall be given a reasonable opportunity to be 8 heard on any aspect of the proposed dissolution. 9 3. After completion of the final hearing, the governing body of the 10 local government entity to be dissolved may amend the proposed dissol- 11 ution plan, provided that the amended version complies with the 12 provisions of subdivision [two] FIVE of section seven hundred seventy- 13 four of this title and is publicized pursuant to subdivision four of 14 this section, [and/]or approve a final version of the dissolution plan[, 15 or decline to proceed further with dissolution proceedings]. Any 16 approval by the governing body of a final version of the dissolution 17 plan must occur within one hundred eighty days of the final hearing. 18 S 10. Section 777 of the general municipal law, as added by chapter 74 19 of the laws of 2009, is amended to read as follows: 20 S 777. Referendum resolution for dissolution [of villages]. 1. [If a 21 dissolution plan calls for the dissolution of a village, then contempo- 22 raneous] CONTEMPORANEOUS with the final approval of the dissolution plan 23 pursuant to subdivision three of section seven hundred seventy-six of 24 this title, the governing body of the [village] LOCAL GOVERNMENT ENTITY 25 shall enact a resolution calling for a referendum on the proposed 26 dissolution by the electors in the [village] LOCAL GOVERNMENT ENTITY. 27 2. The resolution calling for the referendum on the proposed dissol- 28 ution shall: 29 (a) provide (i) the name of the [village] LOCAL GOVERNMENT ENTITY to 30 be dissolved; and (ii) the date for the referendum, in accordance with 31 subdivision one of section seven hundred eighty of this title; 32 (b) state the substance of the question to be submitted to the elec- 33 tors; and 34 (c) set forth such other matters as may be necessary to call, provide 35 for and give notice of the referendum and to provide for the conduct 36 thereof and the canvass of the returns thereupon. 37 3. The resolution calling for the referendum on the proposed dissol- 38 ution shall have attached to it the final approved version of the 39 dissolution plan. 40 4. IF THE REFERENDUM SHALL FAIL, THE DISSOLUTION PROCESS SPECIFIED BY 41 THIS TITLE SHALL NOT BE INITIATED FOR THE LOCAL GOVERNMENT ENTITY BY 42 ELECTORATE PETITION PURSUANT TO SECTION SEVEN HUNDRED SEVENTY-NINE OF 43 THIS TITLE WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM. 44 S 11. Subdivisions 1 and 2 of section 779 of the general municipal 45 law, as added by chapter 74 of the laws of 2009, are amended to read as 46 follows: 47 1. The electors of a local government entity may commence a dissol- 48 ution proceeding by filing an original petition, containing not less 49 than the number of signatures provided for in subdivision two of this 50 section and in the form provided for in subdivision three of this 51 section, with the clerk of the town in which the entity or the greater 52 portion of its territory is located, except that if the entity is a 53 village the original petition of electors from the village shall be 54 filed with the clerk of the village. Accompanying the filed petition 55 shall be a cover sheet containing the name, address and telephone number 56 of an individual who signed the petition and who will serve as a contact S. 1824 9 1 person. A PETITION MAY NOT BE SUBMITTED PURSUANT TO THIS SECTION IF A 2 RESOLUTION INITIATING THE DISSOLUTION PROCESS HAS BEEN ADOPTED PURSUANT 3 TO SECTION SEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE UNTIL SUCH PROCESS 4 HAS BEEN COMPLETED. 5 2. The petition shall contain [the] signatures [of] EQUAL TO at least 6 ten percent of the number of electors AT THE LAST GENERAL ELECTION OF 7 THE LOCAL GOVERNMENT ENTITY or five thousand [electors], whichever is 8 less, in the local government entity to be dissolved; provided, however, 9 that where the local government entity to be dissolved contains five 10 hundred or fewer electors, the petition shall contain [the] signatures 11 [of] EQUAL TO at least twenty percent of the number of electors AT THE 12 LAST GENERAL ELECTION OF THE LOCAL GOVERNMENT ENTITY. No signature on a 13 petition is valid unless it is an original signature of an elector AND 14 SIGNED WITHIN SIXTY DAYS OF THE PETITION BEING FILED WITH THE CLERK. 15 S 12. 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 S 782. Duty to approve proposed elector initiated dissolution plan. 1. 18 In the case of a proposed dissolution of a local government entity prop- 19 erly initiated by petition of electors pursuant to section seven hundred 20 seventy-nine of this title, if a majority of the electors voting at a 21 referendum vote in favor of dissolution, the entity's governing body 22 shall meet within thirty days after certification of the favorable vote 23 and[, within one hundred eighty days of such meeting,] FORM A COMMISSION 24 TO STUDY, FORMULATE A PLAN FOR, AND MAKE RECOMMENDATIONS REGARDING THE 25 DISSOLUTION AND TERMINATION OF A LOCAL GOVERNMENT ENTITY. 26 2. THE COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION 27 MAY HAVE ANY NUMBER OF MEMBERS THE LOCAL GOVERNING BODY DETERMINES TO BE 28 BENEFICIAL FOR DEVELOPING A DISSOLUTION PLAN WITH THE REQUIREMENT THAT 29 THE COMMISSION MUST, IN ADDITION TO APPOINTMENTS MADE BY THE CHIEF 30 ELECTED OFFICER SUBJECT TO THE GOVERNING BODY'S APPROVAL, INCLUDE THE 31 CHIEF ELECTED OFFICIAL (IN THE CASE OF A SPECIAL DISTRICT OR FIRE 32 DISTRICT, THE CHAIRMAN OF THE BOARD OF COMMISSIONERS) OF THE LOCAL 33 GOVERNMENT ENTITY, ONE MEMBER OF THE LOCAL GOVERNMENT ENTITY'S GOVERNING 34 BODY TO BE SELECTED BY A MAJORITY VOTE OF THE GOVERNING BODY (IN THE 35 CASE OF A SPECIAL DISTRICT OR FIRE DISTRICT, THE BOARD OF COMMISSIONERS 36 MUST SELECT NO LESS THAN ONE COMMISSIONER OR REPRESENTATIVE), AND THE 37 SUPERVISOR OF THE TOWN OR TOWNS IN WHICH THE LOCAL GOVERNMENT ENTITY IS 38 LOCATED. 39 3. THE COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION 40 MAY FORM SUB-COMMITTEES AND CONDUCT COMMUNITY FORUMS AND PUBLIC HEARINGS 41 DEEMED NECESSARY TO DEVELOP A DISSOLUTION PLAN. IT IS A PROPER PUBLIC 42 PURPOSE FOR THE GOVERNING BODY OF THE LOCAL GOVERNMENT ENTITY TO APPRO- 43 PRIATE MONEY FOR NECESSARY EXPENSES RELATED TO STUDYING THE PROPOSED 44 DISSOLUTION AND DEVELOPING A DISSOLUTION PLAN. THE COMMISSION SHALL BE A 45 PUBLIC BODY WITHIN THE MEANING OF SECTION ONE HUNDRED TWO OF THE PUBLIC 46 OFFICERS LAW. MEMBERS OF THE COMMISSION ARE REQUIRED TO FILE AN OATH OF 47 OFFICE WITH THE CLERK OF THE LOCAL GOVERNMENT ENTITY. 48 4. WITHIN TWELVE MONTHS OF THE FORMATION OF A COMMISSION FORMED PURSU- 49 ANT TO SUBDIVISION ONE OF THIS SECTION, THE COMMISSION SHALL prepare and 50 approve a proposed elector initiated dissolution plan. THE LOCAL GOVERN- 51 ING BODY MAY EXTEND THE TIME TO COMPLETE THE DISSOLUTION PLAN BY NINE- 52 TY-DAY INTERVALS FOR UP TO ONE ADDITIONAL YEAR UPON THE REQUEST OF THE 53 COMMISSION. 54 [2.] 5. The proposed elector initiated dissolution plan shall specify: 55 (a) the name of the local government entity to be dissolved; 56 (b) the territorial boundaries of the entity; S. 1824 10 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 dissolution; 22 (m) the time and place or places for a public hearing or hearings on 23 such proposed dissolution plan pursuant to section seven hundred eight- 24 y-four 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 THE 51 LOCAL GOVERNMENT ENTITY WHO MUST IMMEDIATELY DELIVER THE PLAN AND RECOM- 52 MENDATIONS TO THE LOCAL GOVERNMENT ENTITY'S GOVERNING BODY. 53 S 13. Subdivision 1 of section 784 of the general municipal law, as 54 added by chapter 74 of the laws of 2009, is amended to read as follows: 55 1. The governing body of the local government entity to be dissolved 56 shall set a time and place or places for one or more public hearings on S. 1824 11 1 the proposed elector initiated dissolution plan. The hearing or hearings 2 shall be held no less than thirty-five days and no more than ninety days 3 after [the proposed elector initiated dissolution plan is approved] 4 RECEIVING THE DISSOLUTION PLAN RECOMMENDATIONS pursuant to section seven 5 hundred eighty-two of this title. Any interested person shall be given a 6 reasonable opportunity to be heard on any aspect of the proposed dissol- 7 ution. 8 S 14. Section 785 of the general municipal law, as added by chapter 74 9 of the laws of 2009, is amended to read as follows: 10 S 785. [Effective date of] REFERENDUM ON THE elector initiated dissol- 11 ution plan[; permissive referendum]. 1. [A local government entity 12 dissolved pursuant to an elector initiated dissolution plan shall 13 continue to be governed as before dissolution until the effective date 14 of the dissolution specified in the elector initiated dissolution plan, 15 which date shall be no less than forty-five days after final approval of 16 such plan pursuant to subdivision three of section seven hundred eight- 17 y-four or subdivision three of section seven hundred eighty-six of this 18 title. 19 2. Notwithstanding subdivision one of this section, the] THE elector 20 initiated dissolution plan shall not take effect [if, no later than 21 forty-five days after final approval of such plan pursuant to subdivi- 22 sion three of section seven hundred eighty-four or subdivision three of 23 section seven hundred eighty-six of this title, electors of the local 24 government entity to be dissolved shall: 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 dissolution 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 the 30 entity is a village the original petition of electors from the village 31 shall be filed with the clerk of the village; and 32 (b) thereafter less than] UNLESS a majority of the electors vote in 33 the affirmative on such question at a referendum. 34 [3. The petition shall be circulated, signed and authenticated in 35 substantial compliance with the provisions of section seven hundred 36 seventy-nine of this title, shall contain the signatures of at least 37 twenty-five percent of the number of electors or fifteen thousand elec- 38 tors, whichever is less, in the local government entity to be dissolved, 39 and shall be accompanied by a cover sheet containing the name, address 40 and telephone number of an individual who signed the petition and who 41 will serve as a contact person. 42 4. Within ten days of the filing of the petition seeking a referendum 43 on whether the elector initiated dissolution plan shall take effect, the 44 clerk with whom the petition was filed shall make a final determination 45 regarding the sufficiency of the number of signatures on the petition 46 and provide timely written notice of such determination to the contact 47 person named in the cover sheet accompanying the petition. The contact 48 person or any individual who signed the petition may seek judicial 49 review of such determination in a proceeding pursuant to article seven- 50 ty-eight of the civil practice law and rules. Upon the clerk's determi- 51 nation that the petition contains no less than the required number of 52 signatures, the governing body of the local government entity to be 53 dissolved shall within thirty days enact a resolution calling for a 54 referendum by the electors on the question whether the elector initiated 55 dissolution plan shall take effect and set a date for such referendum in 56 accordance with subdivision five of this section. S. 1824 12 1 5.] 2. The referendum on the question OF whether the elector initiated 2 dissolution plan shall take effect shall be submitted at [a special 3 election to be held not less than sixty or more than ninety] THE LOCAL 4 GOVERNMENT ENTITY'S NEXT GENERAL ELECTION OR AT THE NEXT ELECTION TO 5 FILL A VACANCY IN OFFICE FOR A LOCAL ELECTED OFFICIAL OF THE LOCAL 6 GOVERNMENT ENTITY, WHICHEVER IS SOONER, BUT IN NO CASE MAY THE REFEREN- 7 DUM BE HELD SOONER THAN FORTY-FIVE days after enactment of a resolution 8 APPROVING THE FINAL VERSION OF THE ELECTOR INITIATED DISSOLUTION PLAN 9 pursuant to subdivision [four] THREE of [this section, provided, howev- 10 er, that in cases where a town or village general election falls within 11 such period, the referendum question may be considered during a town or 12 village general election] SECTION SEVEN HUNDRED EIGHTY-FOUR OF THIS 13 TITLE. 14 [6.] 3. Notice of the referendum shall be given to the electors of the 15 local government entity to be dissolved by publication in a newspaper 16 having a general circulation within the boundaries of the entity at 17 least once a week for four consecutive weeks immediately prior to the 18 referendum. The notice shall include, but not be limited to: 19 (a) a summary of the contents of the resolution and elector initiated 20 dissolution plan; 21 (b) a statement as to where may be examined a copy of the resolution 22 and elector initiated dissolution plan; 23 (c) the time and place or places at which the referendum will be held, 24 in accordance with subdivision [five] TWO of this section; and 25 (d) such other matters as may be necessary to call, provide for and 26 give notice of the referendum and to provide for the conduct thereof and 27 the canvass of the returns thereupon. 28 [7.] 4. In a referendum held pursuant to this section, the referendum 29 question shall be placed before the electors of the local government 30 entity to be dissolved in a form reading substantially as follows: 31 "The voters of the (insert type and name of local government entity to 32 be dissolved) having previously voted to dissolve, shall the elector 33 initiated dissolution plan take effect? 34 YES ____ 35 NO ____" 36 [8.] 5. The elector initiated dissolution plan shall not take effect 37 unless a majority of the electors voting in the local government entity 38 to which the petition applies votes in favor of dissolution. If such a 39 majority vote does not result, the referendum shall fail and dissolution 40 shall not take effect. 41 6. IF THE REFERENDUM SHALL FAIL, THE DISSOLUTION PROCESS SPECIFIED BY 42 THIS TITLE SHALL NOT BE INITIATED FOR THE LOCAL GOVERNMENT ENTITY BY 43 ELECTORATE PETITION PURSUANT TO SECTION SEVEN HUNDRED SEVENTY-NINE OF 44 THIS TITLE WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM. 45 S 15. Subdivision 2 of section 33-a of the municipal home rule law, as 46 amended by chapter 74 of the laws of 2009, is amended to read as 47 follows: 48 2. Any such local law, or an amendment or repeal of one or more 49 provisions thereof which would have the effect of transferring or abol- 50 ishing a function or duty of the county or of the cities, towns, 51 villages, districts or other units of government wholly contained in the 52 county, shall not become operative unless and until it is approved at a 53 general election or at a special election, held in the county by receiv- 54 ing a majority of the total votes cast thereon: (a) in the area of the 55 county outside of cities and (b) in the area of cities of the county, if 56 any, considered as one unit, and if it provides for the transfer of any S. 1824 13 1 function or duty to or from any village or for the abolition of any 2 office, department, agency or unit of government of a village wholly 3 contained in the county, it shall not take effect unless it shall also 4 receive a majority of [all] the votes cast thereon in [all] EACH OF the 5 villages OR LOCAL UNITS OF GOVERNMENT so affected [considered as one 6 unit]. Such a local law, amendment or repeal thereof, shall provide for 7 its submission to the electors of the county at the next general 8 election or at a special election, occurring not less than sixty days 9 after the adoption thereof by the board of supervisors. 10 S 16. This act shall take effect immediately.