Bill Text: NY A00442 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes a petition to start the process to change the elective office of assessors.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2012-06-11 - reported referred to codes [A00442 Detail]

Download: New_York-2011-A00442-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        442--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M. of A. GALEF, CASTRO -- Multi-Sponsored by -- M. of A.
         BURLING, REILLY -- read once and referred to the  Committee  on  Local
         Governments  --  recommitted  to the Committee on Local Governments in
         accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the general municipal law, in relation to establishing a
         petition process to change the elective office of assessors
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The general municipal law is amended by adding a new arti-
    2  cle 17-B to read as follows:
    3                                ARTICLE 17-B
    4             PETITION TO CHANGE THE ELECTIVE OFFICE OF ASSESSORS
    5  SECTION 797-A. DEFINITIONS.
    6          797-B. PETITION TO START THE  PROCESS  TO  CHANGE  THE  ELECTIVE
    7                   OFFICE OF ASSESSORS.
    8          797-C. PROCESS  TO  CHANGE THE ELECTIVE OFFICE OF ASSESSORS UPON
    9                   PETITION.
   10    S 797-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   11    1. THE TERM "QUALIFIED ELECTOR" SHALL MEAN A PERSON WHO IS  REGISTERED
   12  TO  VOTE  IN  THE  PARTICIPATING  MUNICIPALITY  IN  ACCORDANCE  WITH THE
   13  PROVISIONS OF THE ELECTION LAW.
   14    2. THE TERM "PARTICIPATING MUNICIPALITY" SHALL MEAN A TOWN OR  VILLAGE
   15  THAT  HAS STARTED THE PROCESS TO CHANGE THE ELECTIVE OFFICE OF ASSESSORS
   16  PURSUANT TO SECTION SEVEN HUNDRED NINETY-SEVEN-C OF THIS ARTICLE.
   17    S 797-B. PETITION TO START THE PROCESS TO CHANGE THE  ELECTIVE  OFFICE
   18  OF  ASSESSORS.    1. ELIGIBLE SIGNATURES. TO START THE PROCESS TO CHANGE
   19  THE ELECTIVE OFFICE OF ASSESSORS, A PETITION MUST HAVE  SIGNATURES  FROM
   20  QUALIFIED  VOTERS  OF  THE PARTICIPATING MUNICIPALITY, EQUAL TO AT LEAST
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00486-03-2
       A. 442--A                           2
    1  TEN PERCENT OF THE ELECTORS  QUALIFIED  TO  VOTE  IN  THE  LAST  GENERAL
    2  ELECTION.  THOSE  SIGNING  THE PETITION MUST BE QUALIFIED TO VOTE IN THE
    3  PARTICIPATING MUNICIPALITY AT THE TIME OF THE  FILING  OF  THE  PETITION
    4  WITH THE MUNICIPAL CLERK.
    5    2.  TIME  LIMIT. A SIGNATURE SHALL BE INVALID IF IT IS SIGNED UPON THE
    6  PETITION MORE THAN ONE HUNDRED EIGHTY DAYS BEFORE THE PETITION IS  FILED
    7  WITH THE MUNICIPAL CLERK, UNLESS THE GOVERNING BOARD PASSES A RESOLUTION
    8  TO GIVE ADDITIONAL TIME TO COLLECT SIGNATURES.
    9    3. FORM. THE PETITION SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
   10                                  PETITION
   11  WE, THE UNDERSIGNED, ELECTORS OF THE (INSERT TYPE OF MUNICIPALITY - TOWN
   12  OR  VILLAGE)          OF                   (INSERT NAME OF MUNICIPALITY)
   13  , NEW YORK, QUALIFIED TO VOTE AT THE NEXT GENERAL OR  SPECIAL  ELECTION,
   14  DO HEREBY PETITION THAT THERE BE SUBMITTED TO THE VOTERS OF (INSERT NAME
   15  OF  MUNICIPALITY)          ,  PURSUANT TO LAW, A PROPOSITION AS FOLLOWS:
   16  (INSERT PROPOSITION SOUGHT TO BE SUBMITTED)  THE  UNDERSIGNED  QUALIFIED
   17  ELECTORS  HEREBY  REQUEST THAT A REFERENDUM VOTE UPON THE ABOVE PROPOSI-
   18  TION BE TAKEN AS PROVIDED BY LAW. IN WITNESS   WHEREOF, WE  HAVE  SIGNED
   19  OUR NAMES ON THE DATES INDICATED NEXT TO OUR SIGNATURES.
   20     DATE   NAME - PRINT NAME UNDER SIGNATURE  HOME ADDRESS
   21  1. ______ __________________________________ ____________________________
   22  2. ______ __________________________________ ____________________________
   23  3. ______ __________________________________ ____________________________
   24  (ON THE BOTTOM OF EACH PAGE, AFTER ALL THE NUMBERED SIGNATURES, INSERT A
   25  WITNESS  STATEMENT  OR A STATEMENT BY A NOTARY PUBLIC OR COMMISSIONER OF
   26  DEEDS, IN SUBSTANTIALLY THE FOLLOWING FORM:)
   27  I, (NAME OF WITNESS), STATE THAT I AM A REGISTERED VOTER OF THE STATE OF
   28  NEW YORK. I AM A RESIDENT OF THE (TOWN OR VILLAGE) OF (NAME OF  TOWN  OR
   29  VILLAGE).  THE  PERSONS  THAT HAVE SIGNED THIS PETITION SHEET CONTAINING
   30  (FILL IN NUMBER) SIGNATURES, HAVE SIGNED THEIR NAMES IN MY  PRESENCE  ON
   31  THE  DATES  INDICATED  ABOVE  AND  IDENTIFIED  THEMSELVES TO BE THE SAME
   32  PERSONS WHO SIGNED THE SHEET. I UNDERSTAND THAT THIS STATEMENT  WILL  BE
   33  ACCEPTED  FOR  ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT, AND IF IT
   34  CONTAINS A MATERIALLY FALSE STATEMENT, SHALL SUBJECT ME TO THE PENALTIES
   35  OF PERJURY.
   36  ___________    _______________________________________
   37     DATE            SIGNATURE OF WITNESS
   38  (IN LIEU OF THE SIGNED STATEMENT OF A WITNESS WHO IS  A  DULY  QUALIFIED
   39  VOTER  OF THE STATE, QUALIFIED TO SIGN THE PETITION AS A RESIDENT OF THE
   40  TOWN OR VILLAGE, THE FOLLOWING STATEMENT SIGNED BY A NOTARY PUBLIC OR  A
   41  COMMISSIONER  OF  DEEDS  SHALL BE ACCEPTED.) ON THE DATE ABOVE INDICATED
   42  BEFORE ME PERSONALLY CAME EACH OF THE VOTERS WHOSE SIGNATURES APPEAR  ON
   43  THIS  PETITION  SHEET CONTAINING (FILL IN NUMBER) SIGNATURES, WHO SIGNED
   44  SAME IN MY PRESENCE AND WHO, BEING BY ME DULY SWORN, EACH FOR HIMSELF OR
   45  HERSELF, SAID THAT THE FOREGOING STATEMENT MADE AND SUBSCRIBED BY HIM OR
   46  HER, WAS TRUE.
   47  ___________    _______________________________________
   48     DATE         NOTARY PUBLIC OR COMMISSIONER OF DEEDS
   49    4. LIBERAL CONSTRUCTION. IN MATTERS OF FORM,  THIS  SECTION  SHALL  BE
   50  GIVEN A LIBERAL CONSTRUCTION, AND PRECISE COMPLIANCE IS NOT REQUIRED.
   51    S 797-C. PROCESS TO CHANGE THE ELECTIVE OFFICE OF ASSESSORS UPON PETI-
   52  TION.  1.  THE  PROCESS TO CHANGE THE ELECTIVE OFFICE OF ASSESSORS SHALL
   53  START IN A PARTICIPATING MUNICIPALITY ONCE A PETITION FROM THE QUALIFIED
   54  ELECTORS IS FILED WITH THE MUNICIPAL CLERK AND CERTIFIED BY  SUCH  CLERK
   55  AS MEETING THE REQUIREMENTS OF THIS ARTICLE.
       A. 442--A                           3
    1    2. UPON RECEIVING A PETITION FROM THE QUALIFIED ELECTORS, AS CERTIFIED
    2  BY  THE  MUNICIPAL CLERK, THE PARTICIPATING MUNICIPALITY SHALL CONDUCT A
    3  REFERENDUM ON THE QUESTION TO CHANGE THE OFFICE OF THE ASSESSORS.
    4    3.  A CERTIFICATE OF THE ELECTION SHALL BE FILED WITH THE SECRETARY OF
    5  STATE, WITH THE CLERK OF THE PARTICIPATING MUNICIPALITY,  AND  WITH  THE
    6  CLERK OF EACH COUNTY IN WHICH ANY PART OF THE PARTICIPATING MUNICIPALITY
    7  IS LOCATED.
    8    4.  IF THE MAJORITY OF VOTES CAST ON THE REFERENDUM IN THE PARTICIPAT-
    9  ING MUNICIPALITY ARE IN THE AFFIRMATIVE, THE MUNICIPALITY SHALL,  WITHIN
   10  THIRTY  DAYS  AFTER  THE  DATE OF THE REFERENDUM, ADOPT A RESOLUTION AND
   11  NOTIFY SUCH ASSESSORS THAT HE OR SHE SHALL SERVE OUT HIS OR HER  REMAIN-
   12  ING  TERM  WHEN  UPON  SUCH  TIME  THE  OFFICE  OF THE ASSESSOR SHALL BE
   13  APPOINTED BY THE GOVERNING BODY OF THE PARTICIPATING MUNICIPALITY.
   14    5. IF THE MAJORITY OF VOTES CAST ON THE REFERENDUM IN EACH PARTICIPAT-
   15  ING MUNICIPALITY ARE IN THE NEGATIVE, THE REFERENDUM SHALL FAIL AND  THE
   16  PETITION  PROCESS  MAY  NOT BE INITIATED WITHIN TWO YEARS OF THE DATE OF
   17  SUCH REFERENDUM.
   18    S 2. This act shall take effect immediately.