Bill Text: NY A04460 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to requirements for consolidating certain local entities; requires a referendum on the contents of a proposed final consolidation agreement; provides a time limit for collection of signatures for petition for local government consolidation.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2012-01-04 - referred to local governments [A04460 Detail]
Download: New_York-2011-A04460-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4460
2011-2012 Regular Sessions
I N A S S E M B L Y
February 3, 2011
___________
Introduced by M. of A. CORWIN -- Multi-Sponsored by -- M. of A. BURLING,
CALHOUN, CONTE -- read once and referred to the Committee on Local
Governments
AN ACT to amend the general municipal law, in relation to requiring a
referendum on the contents of a proposed final consolidation agree-
ment; provides time limit for collection of signatures for petition
for local government consolidation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 3 of section 754 of the general municipal law,
2 as added by chapter 74 of the laws of 2009, is amended to read as
3 follows:
4 3. After completion of the final hearing, the governing body or bodies
5 of the local government entities to be consolidated may amend the
6 proposed joint consolidation agreement, provided that the amended
7 version complies with the provisions of subdivision two of section seven
8 hundred fifty-two of this title and is publicized pursuant to subdivi-
9 sion four of this section[, and/or]. AFTER COMPLETION OF SUCH HEARING OR
10 PUBLICATION OF AN AMENDED VERSION OF THE PROPOSED JOINT CONSOLIDATION
11 AGREEMENT, THE GOVERNING BODY OR BODIES OF THE LOCAL GOVERNMENT ENTITIES
12 TO BE CONSOLIDATED SHALL ENACT A RESOLUTION CALLING FOR A REFERENDUM ON
13 THE PROPOSED JOINT CONSOLIDATION AGREEMENT BY THE ELECTORS IN EACH OF
14 THE ENTITIES PURSUANT TO SECTION SEVEN HUNDRED FIFTY-FOUR-A OF THIS
15 TITLE. THE GOVERNING BODY OR BODIES OF THE LOCAL GOVERNMENT ENTITIES TO
16 BE CONSOLIDATED MAY approve a final version of the joint consolidation
17 agreement IF THE CONTENT OF SUCH PROPOSED FINAL VERSION OF THE JOINT
18 CONSOLIDATION AGREEMENT WAS APPROVED BY A MAJORITY OF THE ELECTORS
19 VOTING IN EACH LOCAL GOVERNMENT ENTITY TO BE CONSOLIDATED, or decline to
20 proceed further with consolidation proceedings. Any approval by the
21 entities' governing body or bodies of the final version of the joint
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08143-01-1
A. 4460 2
1 consolidation agreement must occur within one hundred eighty days of
2 such [final hearing] APPROVAL BY THE MAJORITY OF THE ELECTORS.
3 S 2. The general municipal law is amended by adding a new section
4 754-a to read as follows:
5 S 754-A. REFERENDUM RESOLUTION FOR PROPOSED JOINT CONSOLIDATION AGREE-
6 MENT. 1. IF A JOINT CONSOLIDATION AGREEMENT CALLS FOR THE CONSOLIDATION
7 OF TWO OR MORE TOWNS, TWO OR MORE VILLAGES OR ONE OR MORE TOWNS AND
8 VILLAGES, THEN PRIOR TO FINAL APPROVAL OF THE JOINT CONSOLIDATION AGREE-
9 MENT PURSUANT TO SUBDIVISION THREE OF SECTION SEVEN HUNDRED FIFTY-FOUR
10 OF THIS TITLE, THE GOVERNING BODY OR BODIES OF THE LOCAL GOVERNMENT
11 ENTITIES TO BE CONSOLIDATED SHALL ENACT A RESOLUTION CALLING FOR A
12 REFERENDUM ON THE PROPOSED JOINT CONSOLIDATION AGREEMENT BY THE ELECTORS
13 IN EACH OF THE ENTITIES.
14 2. THE RESOLUTION CALLING FOR THE REFERENDUM ON THE PROPOSED JOINT
15 CONSOLIDATION AGREEMENT SHALL: (A) PROVIDE (I) THE NAME OF EACH OF THE
16 TOWNS AND/OR VILLAGES PROPOSED TO BE CONSOLIDATED, (II) A STATEMENT
17 FULLY DESCRIBING THE TERRITORY TO BE INCLUDED WITHIN THE PROPOSED
18 CONSOLIDATED LOCAL GOVERNMENT ENTITY, (III) THE NAME OF THE PROPOSED
19 CONSOLIDATED LOCAL GOVERNMENT ENTITY, AND (IV) THE DATE FOR THE REFEREN-
20 DUM, IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION SEVEN HUNDRED FIFTY-
21 EIGHT OF THIS TITLE; (B) STATE THE SUBSTANCE OF THE QUESTION TO BE
22 SUBMITTED TO THE ELECTORS; AND (C) SET FORTH SUCH OTHER MATTERS AS MAY
23 BE NECESSARY TO CALL, PROVIDE FOR AND GIVE NOTICE OF THE REFERENDUM AND
24 TO PROVIDE FOR THE CONDUCT THEREOF AND THE CANVASS OF THE RETURNS THERE-
25 UPON.
26 3. THE RESOLUTION CALLING FOR A REFERENDUM ON THE PROPOSED JOINT
27 CONSOLIDATION AGREEMENT SHALL HAVE ATTACHED TO IT THE PROPOSED FINAL
28 VERSION OF THE JOINT CONSOLIDATION AGREEMENT.
29 S 3. Section 758 of the general municipal law, as added by chapter 74
30 of the laws of 2009, is amended to read as follows:
31 S 758. Conduct of referendum. 1. A referendum required by [sections]
32 SECTION SEVEN HUNDRED FIFTY-FOUR-A, seven hundred fifty-five or seven
33 hundred fifty-seven of this title shall be placed before the electors of
34 each of the local government entities to be consolidated at a special
35 election to be held not less than sixty or more than ninety days after
36 the enactment of a resolution calling for such referendum, provided,
37 however, that in cases where a town or village general election falls
38 within such period, the question may be considered during a town or
39 village general election.
40 2. The referendum may be held in each local government entity on the
41 same day, or on different days, however, not more than twenty days
42 apart.
43 3. Notice of the referendum shall be given to the electors of each
44 local government entity to be consolidated by publication in a newspaper
45 having a general circulation within the boundaries of each entity at
46 least once a week for four consecutive weeks immediately prior to the
47 referendum. The notice shall include, but not be limited to:
48 (a) a summary of the contents of the resolution and joint consol-
49 idation agreement or petition for consolidation, as the case may be;
50 (b) a statement as to where may be examined a copy of the resolution
51 and joint consolidation agreement or petition for consolidation, as the
52 case may be;
53 (c) the names of the local government entities to be consolidated and
54 a description of their territory;
55 (d) with respect to a resolution calling for a referendum under
56 section seven hundred FIFTY-FOUR-A OR SECTION SEVEN HUNDRED fifty-five
A. 4460 3
1 of this title only, the name of the proposed consolidated local govern-
2 ment entity;
3 (e) the time and place or places at which the referendum will be
4 held; and
5 (f) such other matters as may be necessary to call, provide for and
6 give notice of the referendum and to provide for the conduct thereof and
7 the canvass of the returns thereupon.
8 4. The referendum question PURSUANT TO SECTION SEVEN HUNDRED
9 FIFTY-FOUR-A placed before the electors of each local government entity
10 to be consolidated shall be in a form reading substantially as follows:
11 "DO YOU APPROVE OF THE PROPOSED JOINT CONSOLIDATION AGREEMENT CONCERN-
12 ING (INSERT TYPE AND NAME OF LOCAL GOVERNMENT ENTITY) AND (INSERT TYPE
13 AND NAME OF LOCAL GOVERNMENT ENTITY OR ENTITIES)?
14 YES ____
15 NO _____"
16 4-A. THE REFERENDUM QUESTION PURSUANT TO SECTION SEVEN HUNDRED FIFTY-
17 FIVE PLACED BEFORE THE ELECTORS OF EACH LOCAL GOVERNMENT ENTITY TO BE
18 CONSOLIDATED SHALL BE IN A FORM READING SUBSTANTIALLY AS FOLLOWS:
19 "Shall (insert type and name of local government entity) be consol-
20 idated with (insert type and name of local government entity or enti-
21 ties)?
22 YES ____
23 NO ____"
24 5. In any referendum held pursuant to this title, each local govern-
25 ment entity to be consolidated shall bear only the costs of holding such
26 referendum in its respective entity and shall not be required to bear
27 the costs of a referendum held in any other entity.
28 6. In any referendum held pursuant to this title, and except as
29 otherwise specified herein, the referendum shall be conducted in the
30 same manner as other municipal elections or referendums for the local
31 government entities to be consolidated.
32 S 4. Subdivision 6 of section 757 of the general municipal law, as
33 added by chapter 74 of the laws of 2009, is amended to read as follows:
34 6. Within ten days of the filing of the petition seeking consolidation
35 pursuant to subdivision one of this section, the clerk with whom the
36 petition was filed shall make a final determination regarding the suffi-
37 ciency of the number of signatures on the petition and provide timely
38 written notice of such determination to the contact person named in the
39 cover sheet accompanying the petition. The contact person or any indi-
40 vidual who signed the petition may seek judicial review of such determi-
41 nation in a proceeding pursuant to article seventy-eight of the civil
42 practice laws and rules. UPON A DETERMINATION BY THE CLERK OF AN INSUF-
43 FICIENT NUMBER OF SIGNATURES ON THE PETITION, SUCH CONTACT PERSON SHALL
44 HAVE UP TO ONE HUNDRED TWENTY DAYS TO COLLECT THE SUFFICIENT NUMBER OF
45 SIGNATURES FOR SUCH PETITION.
46 S 5. This act shall take effect immediately, except that if this act
47 shall have become a law on or after March 21, 2010 this act shall be
48 deemed to have been in full force and effect on and after March 21,
49 2010.
