Bill Text: NY A03634 | 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 receiver of taxes.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2012-06-11 - reported referred to codes [A03634 Detail]

Download: New_York-2011-A03634-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3634--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 26, 2011
                                      ___________
       Introduced  by  M. of A. GALEF, CROUCH -- Multi-Sponsored by -- M. of A.
         SAYWARD -- read once and referred to the Committee  on  Local  Govern-
         ments  -- recommitted to the Committee on Local Governments in accord-
         ance 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 receiver of taxes
         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
    5                              RECEIVER OF TAXES
    6  SECTION 799-A. DEFINITIONS.
    7          799-B. PETITION TO CHANGE THE ELECTIVE  OFFICE  OF  RECEIVER  OF
    8                   TAXES.
    9          799-C. PROCESS  TO  CHANGE  THE  ELECTIVE  OFFICE OF RECEIVER OF
   10                   TAXES UPON PETITION.
   11    S 799-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   12    1. THE TERM "QUALIFIED ELECTOR" SHALL MEAN A PERSON WHO IS  REGISTERED
   13  TO  VOTE  IN  THE  PARTICIPATING  MUNICIPALITY  IN  ACCORDANCE  WITH THE
   14  PROVISIONS OF THE ELECTION LAW.
   15    2. THE TERM "PARTICIPATING MUNICIPALITY" SHALL MEAN A TOWN OR  VILLAGE
   16  THAT  HAS  STARTED THE PROCESS TO CHANGE THE ELECTIVE OFFICE OF RECEIVER
   17  OF TAXES PURSUANT TO SECTION SEVEN HUNDRED NINETY-NINE-C OF  THIS  ARTI-
   18  CLE.
   19    S 799-B. PETITION  TO CHANGE THE ELECTIVE OFFICE OF RECEIVER OF TAXES.
   20  1. ELIGIBLE SIGNATURES. TO START THE  PROCESS  TO  CHANGE  THE  ELECTIVE
   21  OFFICE OF RECEIVER OF TAXES, A PETITION MUST HAVE SIGNATURES FROM QUALI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00482-02-2
       A. 3634--A                          2
    1  FIED  VOTERS  OF  THE  PARTICIPATING MUNICIPALITY, EQUAL TO AT LEAST TEN
    2  PERCENT OF THE ELECTORS QUALIFIED TO VOTE IN THE LAST GENERAL  ELECTION.
    3  THOSE  SIGNING THE PETITION MUST BE QUALIFIED TO VOTE IN THE PARTICIPAT-
    4  ING  MUNICIPALITY  AT  THE  TIME  OF THE FILING OF THE PETITION WITH THE
    5  MUNICIPAL CLERK.
    6    2. TIME LIMIT. A SIGNATURE SHALL BE INVALID IF IT IS SIGNED  UPON  THE
    7  PETITION  MORE THAN ONE HUNDRED EIGHTY DAYS BEFORE THE PETITION IS FILED
    8  WITH THE MUNICIPAL CLERK, UNLESS THE GOVERNING BOARD PASSES A RESOLUTION
    9  TO GIVE ADDITIONAL TIME TO COLLECT SIGNATURES.
   10    3. FORM. THE PETITION SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
   11                                  PETITION
   12  WE, THE UNDERSIGNED, ELECTORS OF THE (INSERT TYPE OF MUNICIPALITY - TOWN
   13  OR VILLAGE)          OF                   (INSERT NAME OF  MUNICIPALITY)
   14  ,  NEW  YORK, QUALIFIED TO VOTE AT THE NEXT GENERAL OR SPECIAL ELECTION,
   15  DO HEREBY PETITION THAT THERE BE SUBMITTED TO THE VOTERS OF (INSERT NAME
   16  OF MUNICIPALITY)       , PURSUANT TO  LAW,  A  PROPOSITION  AS  FOLLOWS:
   17  (INSERT  PROPOSITION  SOUGHT  TO BE SUBMITTED) THE UNDERSIGNED QUALIFIED
   18  ELECTORS HEREBY REQUEST THAT A REFERENDUM VOTE UPON THE  ABOVE  PROPOSI-
   19  TION  BE  TAKEN  AS PROVIDED BY LAW. IN WITNESS  WHEREOF, WE HAVE SIGNED
   20  OUR NAMES ON THE DATES INDICATED NEXT TO OUR SIGNATURES.
   21     DATE   NAME - PRINT NAME UNDER SIGNATURE  HOME ADDRESS
   22  1. ______ __________________________________ ____________________________
   23  2. ______ __________________________________ ____________________________
   24  3. ______ __________________________________ ____________________________
   25  (ON THE BOTTOM OF EACH PAGE, AFTER ALL THE NUMBERED SIGNATURES, INSERT A
   26  WITNESS STATEMENT OR A STATEMENT BY A NOTARY PUBLIC OR  COMMISSIONER  OF
   27  DEEDS, IN SUBSTANTIALLY THE FOLLOWING FORM:)
   28  I, (NAME OF WITNESS), STATE THAT I AM A REGISTERED VOTER OF THE STATE OF
   29  NEW  YORK.  I AM A RESIDENT OF THE (TOWN OR VILLAGE) OF (NAME OF TOWN OR
   30  VILLAGE). THE PERSONS THAT HAVE SIGNED THIS  PETITION  SHEET  CONTAINING
   31  (FILL  IN  NUMBER) SIGNATURES, HAVE SIGNED THEIR NAMES IN MY PRESENCE ON
   32  THE DATES INDICATED ABOVE AND  IDENTIFIED  THEMSELVES  TO  BE  THE  SAME
   33  PERSONS  WHO  SIGNED THE SHEET. I UNDERSTAND THAT THIS STATEMENT WILL BE
   34  ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT, AND  IF  IT
   35  CONTAINS A MATERIALLY FALSE STATEMENT, SHALL SUBJECT ME TO THE PENALTIES
   36  OF PERJURY.
   37  ___________    _______________________________________
   38     DATE            SIGNATURE OF WITNESS
   39  (IN  LIEU  OF  THE SIGNED STATEMENT OF A WITNESS WHO IS A DULY QUALIFIED
   40  VOTER OF THE STATE, QUALIFIED TO SIGN THE PETITION AS A RESIDENT OF  THE
   41  TOWN  OR VILLAGE, THE FOLLOWING STATEMENT SIGNED BY A NOTARY PUBLIC OR A
   42  COMMISSIONER OF DEEDS SHALL BE ACCEPTED.) ON THE  DATE  ABOVE  INDICATED
   43  BEFORE  ME PERSONALLY CAME EACH OF THE VOTERS WHOSE SIGNATURES APPEAR ON
   44  THIS PETITION SHEET CONTAINING (FILL IN NUMBER) SIGNATURES,  WHO  SIGNED
   45  SAME IN MY PRESENCE AND WHO, BEING BY ME DULY SWORN, EACH FOR HIMSELF OR
   46  HERSELF, SAID THAT THE FOREGOING STATEMENT MADE AND SUBSCRIBED BY HIM OR
   47  HER, WAS TRUE.
   48  ___________    _______________________________________
   49     DATE         NOTARY PUBLIC OR COMMISSIONER OF DEEDS
   50    4.  LIBERAL  CONSTRUCTION.  IN  MATTERS OF FORM, THIS SECTION SHALL BE
   51  GIVEN A LIBERAL CONSTRUCTION, AND PRECISE COMPLIANCE IS NOT REQUIRED.
   52    S 799-C. PROCESS TO CHANGE THE ELECTIVE OFFICE OF  RECEIVER  OF  TAXES
   53  UPON  PETITION. 1. THE PROCESS TO CHANGE THE ELECTIVE OFFICE OF RECEIVER
   54  OF TAXES SHALL START IN A PARTICIPATING  MUNICIPALITY  ONCE  A  PETITION
   55  FROM  QUALIFIED ELECTORS IS FILED WITH THE MUNICIPAL CLERK AND CERTIFIED
   56  BY SUCH CLERK AS MEETING THE REQUIREMENTS OF THIS ARTICLE.
       A. 3634--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 RECEIVER OF TAXES.
    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 RECEIVER OF TAXES THAT HE OR SHE SHALL SERVE OUT HIS OR  HER
   12  REMAINING TERM WHEN UPON SUCH TIME THE OFFICE OF RECEIVER OF TAXES SHALL
   13  BE 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.