Bill Text: NY S07238 | 2009-2010 | 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: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced - Dead) 2010-03-25 - REFERRED TO LOCAL GOVERNMENT [S07238 Detail]
Download: New_York-2009-S07238-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7238
I N S E N A T E
March 25, 2010
___________
Introduced by Sens. C. JOHNSON, FOLEY -- 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;
23 (II) DISCONTINUING AND/OR RESTRUCTURING THE PROVISION OF PARTICULAR
24 SERVICES, AND THE EXTENT TO WHICH DISCONTINUING AND/OR RESTRUCTURING
25 SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH CONSOLIDATION;
26 (III) THE ELIMINATION OF ELECTED OFFICES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16593-01-0
S. 7238 2
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 proposed consolidated local government entity, consistent with section
22 seven hundred sixty-nine of this title;
23 [(l)] (N) the effective date of the proposed consolidation; and
24 [(m)] (O) the time and place or places for the public hearing or hear-
25 ings on such proposed joint consolidation agreement pursuant to section
26 seven hundred fifty-four of this title.
27 S 2. Section 755 of the general municipal law, as added by chapter 74
28 of the laws of 2009, is amended to read as follows:
29 S 755. Referendum resolution for consolidation [of towns or villages].
30 1. [If a joint consolidation agreement calls for the consolidation of
31 two or more towns, two or more villages or one or more towns and
32 villages, then contemporaneous] CONTEMPORANEOUS with the final approval
33 of the joint consolidation agreement pursuant to subdivision three of
34 section seven hundred fifty-four of this title, the governing body or
35 bodies of the local government entities to be consolidated shall enact a
36 resolution calling for a referendum on the proposed consolidation by the
37 electors in each of the entities.
38 2. The resolution calling for the referendum on the proposed consol-
39 idation shall:
40 (a) provide (i) the name of each [of the towns and/or villages] LOCAL
41 GOVERNMENT ENTITY proposed to be consolidated, (ii) a statement fully
42 describing the territory to be included within the proposed consolidated
43 local government entity, (iii) the name of the proposed consolidated
44 local government entity, and (iv) the date for the referendum, in
45 accordance with subdivision one of section seven hundred fifty-eight of
46 this title;
47 (b) state the substance of the question to be submitted to the elec-
48 tors; and
49 (c) set forth such other matters as may be necessary to call, provide
50 for and give notice of the referendum and to provide for the conduct
51 thereof and the canvass of the returns thereupon.
52 3. The resolution calling for a referendum on the proposed consol-
53 idation shall have attached to it the final approved version of the
54 joint consolidation agreement.
55 S 3. Subdivision 2 of section 757 of the general municipal law, as
56 added by chapter 74 of the laws of 2009, is amended to read as follows:
S. 7238 3
1 2. The petition shall contain [the] signatures [of] EQUAL TO at least
2 ten percent of the number of electors AT THE LAST GENERAL ELECTION OF
3 THE LOCAL GOVERNMENT ENTITY or five thousand [electors], whichever is
4 less, in each local government entity to be consolidated; provided,
5 however, that where the local government entity to be consolidated
6 contains five hundred or fewer electors, the petition shall contain
7 [the] signatures [of] EQUAL TO at least twenty percent of the number of
8 electors AT THE LAST GENERAL ELECTION OF THE LOCAL GOVERNMENT ENTITY. No
9 signature on a petition is valid unless it is the original signature of
10 an elector AND SIGNED WITHIN SIXTY DAYS OF THE PETITION BEING FILED WITH
11 THE CLERK.
12 S 4. Section 760 of the general municipal law, as added by chapter 74
13 of the laws of 2009, is amended to read as follows:
14 S 760. Duty to approve proposed elector initiated consolidation plan.
15 1. In the case of a proposed consolidation of local government entities
16 properly initiated by petition of electors pursuant to section seven
17 hundred fifty-seven of this title, if a majority of the electors voting
18 in a referendum held in each of the local government entities to be
19 consolidated vote in favor of consolidation, the entities' governing
20 body or bodies shall meet within thirty days after certification of the
21 favorable vote [and, within one hundred eighty days of such meeting,
22 prepare and approve by resolution a proposed elector initiated consol-
23 idation plan].
24 2. WITHIN TWELVE MONTHS OF A MEETING OF THE LOCAL GOVERNING BODY OR
25 BODIES PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE LOCAL GOVERNING
26 BODY OR BODIES MUST PREPARE AND APPROVE A PROPOSED ELECTOR INITIATED
27 CONSOLIDATION PLAN. THE LOCAL GOVERNING BODY OR BODIES MAY EXTEND THE
28 TIME TO COMPLETE THE CONSOLIDATION PLAN BY NINETY-DAY INTERVALS FOR UP
29 TO ONE ADDITIONAL YEAR.
30 3. The proposed elector initiated consolidation plan shall include:
31 (a) the name of each local government entity to be consolidated;
32 (b) the name of what will be the consolidated local government entity,
33 which name shall be such as to distinguish it from the name of any other
34 like unit of government in the state of New York (except the name of any
35 one of the entities to be consolidated);
36 (c) the rights, duties and obligations of the consolidated local
37 government entity;
38 (d) the territorial boundaries of the consolidated local government
39 entity;
40 (e) the type and/or class of the consolidated local government entity;
41 (f) the governmental organization of the consolidated local government
42 entity insofar as it concerns elected and appointed officials and public
43 employees, along with a transitional plan and schedule for elections and
44 appointments of officials;
45 (g) a fiscal estimate of the cost of and savings which may be realized
46 from consolidation, INCLUDING BUT NOT LIMITED TO:
47 (I) INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE;
48 (II) DISCONTINUING AND/OR RESTRUCTURING THE PROVISION OF PARTICULAR
49 SERVICES, AND THE EXTENT TO WHICH DISCONTINUING AND/OR RESTRUCTURING
50 SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH CONSOLIDATION;
51 (III) THE ELIMINATION OF ELECTED OFFICES;
52 (IV) INCREASED AID FROM THE STATE TO THE RESULTING LOCAL GOVERNMENT
53 ENTITY; AND
54 (V) THE EXTENT TO WHICH SERVICES WILL NO LONGER BE PROVIDED THROUGH
55 THE USE OF VOLUNTEERS;
S. 7238 4
1 (h) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
2 LOCATED IN THE LOCAL GOVERNMENT ENTITIES TO BE CONSOLIDATED;
3 (I) WHETHER THE CONSOLIDATION WILL RESULT IN A NET INCREASE OR
4 DECREASE IN THE STATE'S LOCAL GOVERNMENT ENTITIES AS THAT TERM IS
5 DEFINED IN THIS ARTICLE;
6 (J) each entity's assets, including, but not limited to, real and
7 personal property, and the fair value thereof in current money of the
8 United States;
9 [(i)] (K) each entity's liabilities and indebtedness, bonded and
10 otherwise, and the fair value thereof in current money of the United
11 States;
12 [(j)] (L) terms for the disposition of existing assets, liabilities
13 and indebtedness of each local government entity, either jointly, sepa-
14 rately or in certain defined proportions;
15 [(k)] (M) terms for the common administration and uniform enforcement
16 of local laws, ordinances, resolutions, orders and the like, within the
17 consolidated local government entity, consistent with section seven
18 hundred sixty-nine of this title;
19 [(l)] (N) the effective date of the consolidation; and
20 [(m)] (O) the time and place or places for the public hearing or hear-
21 ings on such proposed elector initiated consolidation plan pursuant to
22 section seven hundred sixty-two of this title.
23 S 5. Section 763 of the general municipal law, as added by chapter 74
24 of the laws of 2009, is amended to read as follows:
25 S 763. [Effective date of] REFERENDUM ON THE elector initiated consol-
26 idation plan[; permissive referendum]. 1. [Local government entities
27 consolidated pursuant to an elector initiated consolidated plan shall
28 continue to be governed as before consolidation until the effective date
29 of the consolidation specified in such plan, which date shall be no less
30 than forty-five days after final approval of such plan pursuant to
31 subdivision three of section seven hundred sixty-two or subdivision four
32 of section seven hundred sixty-four of this title.
33 2. Notwithstanding subdivision one of this section, the] THE elector
34 initiated consolidation plan shall not take effect [if, no later than
35 forty-five days after final approval thereof pursuant to subdivision
36 three of section seven hundred sixty-two or subdivision four of section
37 seven hundred sixty-four of this title, electors of a local government
38 entity to be consolidated pursuant to such plan shall:
39 (a) file an original petition, containing not less than the number of
40 signatures provided for in subdivision three of this section, seeking a
41 referendum on the question whether the elector initiated consolidation
42 plan shall take effect, with the clerk of the town in which the entity
43 or the greater portion of its territory is located, except that if the
44 entity is a village the original petition of electors from the village
45 shall be filed with the clerk of the village; and
46 (b) thereafter less than] UNLESS a majority of the electors in [the]
47 EACH entity vote in the affirmative on such question at a referendum.
48 [3. The petition shall be circulated, signed and authenticated in
49 substantial compliance with the provisions of section seven hundred
50 fifty-seven of this title, shall contain the signatures of at least
51 twenty-five percent of the number of electors or fifteen thousand elec-
52 tors, whichever is less, in the local government entity to be consol-
53 idated, and shall be accompanied by a cover sheet containing the name,
54 address and telephone number of an individual who signed the petition
55 and who will serve as a contact person.
S. 7238 5
1 4. Within ten days of the filing of the petition seeking a referendum
2 on whether the elector initiated dissolution plan shall take effect, the
3 clerk with whom the petition was filed shall make a final determination
4 regarding the sufficiency of the number of signatures on the petition
5 and provide timely written notice of such determination to the contact
6 person named in the cover sheet accompanying the petition. The contact
7 person or any individual who signed the petition may seek judicial
8 review of such determination in a proceeding pursuant to article seven-
9 ty-eight of the civil practice law and rules. Upon the clerk's determi-
10 nation that the petition contains no less than the required number of
11 signatures, the governing body of the local government entity to which
12 such petition applies shall within thirty days enact a resolution call-
13 ing for a referendum by the electors of such entity on the question
14 whether to approve the elector initiated consolidation plan and set a
15 date for such referendum in accordance with subdivision five of this
16 section.
17 5.] 2. The referendum on the question OF whether the elector initiated
18 consolidation plan shall take effect shall be submitted at [a special
19 election to be held not less than sixty or more than ninety] THE LOCAL
20 GOVERNMENT ENTITY'S NEXT GENERAL ELECTION OR AT THE NEXT ELECTION TO
21 FILL A VACANCY IN OFFICE FOR A LOCAL ELECTED OFFICIAL OF THE LOCAL
22 GOVERNMENT ENTITY, WHICHEVER IS SOONER, BUT IN NO CASE MAY THE REFEREN-
23 DUM BE HELD SOONER THAN FORTY-FIVE days after enactment of a resolution
24 pursuant to subdivision [four] THREE of this section[, provided, howev-
25 er, that in cases where a town or village general election falls within
26 such period, the referendum question may be considered during a town or
27 village general election].
28 [6.] 3. Notice of the referendum shall be given to the electors of the
29 local government entity to which the petition applies by publication in
30 a newspaper having a general circulation within the boundaries of the
31 entity at least once a week for four consecutive weeks immediately prior
32 to the referendum. The notice shall include, but not be limited to:
33 (a) a summary of the contents of the resolution and elector initiated
34 consolidation plan;
35 (b) a statement as to where may be examined a copy of the resolution
36 and elector initiated consolidation plan;
37 (c) the time and place or places at which the referendum will be held,
38 in accordance with subdivision five of this section; and
39 (d) such other matters as may be necessary to call, provide for and
40 give notice of the referendum and to provide for the conduct thereof and
41 the canvass of the returns thereupon.
42 [7.] 4. In a referendum held pursuant to this section, the referendum
43 question shall be placed before the electors of the local government
44 entity to which the petition applies in a form reading substantially as
45 follows:
46 "The voters of the (insert type and name of each local government
47 entity to which the consolidation plan applies) having previously voted
48 to consolidate, shall the elector initiated consolidation plan take
49 effect?
50 YES ____
51 NO _____"
52 [8.] 5. The elector initiated consolidation plan shall not take effect
53 unless a majority of the electors voting in the local government entity
54 to which the petition applies vote in favor of such plan taking effect.
55 If such a majority vote does not result, the referendum shall fail and
56 consolidation shall not take effect.
S. 7238 6
1 6. IF THE REFERENDUM SHALL FAIL, THE CONSOLIDATION PROCESS SPECIFIED
2 BY THIS TITLE SHALL NOT BE INITIATED FOR THE LOCAL GOVERNMENT ENTITIES
3 BY ELECTORATE PETITION PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SEVEN OF
4 THIS TITLE WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM.
5 S 6. Paragraph (a) of subdivision 2 of section 773 of the general
6 municipal law, as added by chapter 74 of the laws of 2009, is amended to
7 read as follows:
8 (a) a resolution of the governing body of the local government entity
9 to be dissolved [endorsing a proposed dissolution plan]; or
10 S 7. Section 774 of the general municipal law, as added by chapter 74
11 of the laws of 2009, is amended to read as follows:
12 S 774. Proposed dissolution plan. 1. The governing body of a local
13 government entity may, by resolution, [endorse a proposed dissolution
14 plan for the purpose of commencing dissolution proceedings under this
15 article] INITIATE A DISSOLUTION PROCEEDING BY FORMING A COMMISSION TO
16 STUDY, FORMULATE A PLAN FOR, AND MAKE RECOMMENDATIONS REGARDING THE
17 DISSOLUTION AND TERMINATION OF A LOCAL GOVERNMENT ENTITY.
18 2. THE COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
19 MAY HAVE ANY NUMBER OF MEMBERS THE LOCAL GOVERNING BODY DETERMINES TO BE
20 BENEFICIAL FOR DEVELOPING A DISSOLUTION PLAN WITH THE REQUIREMENT THAT
21 THE COMMISSION MUST, IN ADDITION TO APPOINTMENTS MADE BY THE CHIEF
22 ELECTED OFFICER THAT ARE SUBJECT TO THE GOVERNING BODY'S APPROVAL,
23 INCLUDE THE CHIEF ELECTED OFFICIAL (OR IN THE CASE OF A SPECIAL DISTRICT
24 OR FIRE DISTRICT, THE CHAIRMAN OF THE BOARD OF COMMISSIONERS) OF THE
25 LOCAL GOVERNMENT ENTITY, ONE MEMBER OF THE LOCAL GOVERNMENT ENTITY'S
26 GOVERNING BODY TO BE SELECTED BY A MAJORITY VOTE OF THE GOVERNING BODY
27 (OR IN THE CASE OF A SPECIAL DISTRICT OR FIRE DISTRICT, THE BOARD OF
28 COMMISSIONERS MUST SELECT NO LESS THAN ONE COMMISSIONER OR REPRESEN-
29 TATIVE), AND THE SUPERVISOR OF THE TOWN OR TOWNS IN WHICH THE LOCAL
30 GOVERNMENT ENTITY IS LOCATED.
31 3. THE COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
32 MAY FORM SUB-COMMITTEES AND CONDUCT COMMUNITY FORUMS AND PUBLIC HEARINGS
33 DEEMED NECESSARY TO DEVELOP A DISSOLUTION PLAN. IT SHALL BE A PROPER
34 PUBLIC PURPOSE FOR THE GOVERNING BODY OF THE LOCAL GOVERNMENT ENTITY TO
35 APPROPRIATE MONEY FOR NECESSARY EXPENSES RELATED TO STUDYING THE
36 PROPOSED DISSOLUTION AND DEVELOPING A DISSOLUTION PLAN. THE COMMISSION
37 SHALL BE A PUBLIC BODY WITHIN THE MEANING OF SECTION ONE HUNDRED TWO OF
38 THE PUBLIC OFFICERS LAW. MEMBERS OF THE COMMISSION ARE REQUIRED TO FILE
39 AN OATH OF OFFICE WITH THE CLERK OF THE LOCAL GOVERNMENT ENTITY.
40 4. WITHIN TWELVE MONTHS OF THE FORMATION OF A COMMISSION FORMED PURSU-
41 ANT TO SUBDIVISION ONE OF THIS SECTION, THE COMMISSION SHALL PREPARE AND
42 APPROVE A PROPOSED DISSOLUTION PLAN. THE LOCAL GOVERNING BODY MAY EXTEND
43 THE TIME TO COMPLETE THE DISSOLUTION PLAN BY NINETY-DAY INTERVALS FOR UP
44 TO ONE ADDITIONAL YEAR UPON THE REQUEST OF THE COMMISSION.
45 5. The proposed dissolution plan shall specify:
46 (a) the name of the local government entity to be dissolved;
47 (b) the territorial boundaries of the entity;
48 (c) the type and/or class of the entity;
49 (d) a fiscal estimate of the cost of dissolution;
50 (e) any plan for the transfer or elimination of public employees;
51 (f) the entity's assets, including but not limited to real and
52 personal property, and the fair value thereof in current money of the
53 United States;
54 (g) the entity's liabilities and indebtedness, bonded and otherwise,
55 and the fair value thereof in current money of the United States;
S. 7238 7
1 (h) any agreements entered into with the town or towns in which the
2 entity is situated in order to carry out the dissolution;
3 (i) the manner and means by which the residents of the entity will
4 continue to be furnished municipal services following the entity's
5 dissolution;
6 (j) terms for the disposition of the entity's assets and the disposi-
7 tion of its liabilities and indebtedness, including the levy and
8 collection of the necessary taxes and assessments therefor;
9 (k) findings as to whether any local laws, ordinances, rules or regu-
10 lations of the entity shall remain in effect after the effective date of
11 the dissolution or shall remain in effect for a period of time other
12 than as provided by section seven hundred eighty-nine of this title;
13 (l) the effective date of the proposed dissolution;
14 (m) the time and place or places for a public hearing or hearings on
15 the proposed dissolution plan pursuant to section seven hundred seven-
16 ty-six of this title; [and]
17 (n) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
18 LOCATED IN THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
19 (O) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
20 OF THE TOWN OUTSIDE OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
21 (P) A FISCAL ESTIMATE OF THE COST OF AND SAVINGS WHICH MAY BE REALIZED
22 FROM DISSOLUTION, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
23 (I) INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE;
24 (II) DISCONTINUING AND/OR RESTRUCTURING THE PROVISION OF PARTICULAR
25 SERVICES, AND THE EXTENT TO WHICH DISCONTINUING AND/OR RESTRUCTURING
26 SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH DISSOLUTION;
27 (III) THE ELIMINATION OF ELECTED OFFICES;
28 (IV) INCREASED AID FROM THE STATE TO THE RESULTING LOCAL GOVERNMENT
29 ENTITY; AND
30 (V) THE EXTENT TO WHICH SERVICES WILL NO LONGER BE PROVIDED THROUGH
31 THE USE OF VOLUNTEERS;
32 (Q) WHETHER THE DISSOLUTION WILL RESULT IN A NET INCREASE OR DECREASE
33 IN THE STATE'S LOCAL GOVERNMENT ENTITIES AS THAT TERM IS DEFINED IN THIS
34 ARTICLE; AND
35 (R) any other matter desirable or necessary to carry out the dissol-
36 ution.
37 6. A PUBLIC HEARING SHALL BE HELD ON THE FINALIZED PLAN AFTER AT LEAST
38 SEVEN DAYS NOTICE, PUBLISHED IN A NEWSPAPER WITH GENERAL CIRCULATION IN
39 THE LOCAL GOVERNMENT ENTITY. AFTER CONDUCTING SUCH PUBLIC HEARING, THE
40 COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION MUST FILE
41 A FINALIZED DISSOLUTION PLAN AND THE COMMISSION'S RECOMMENDATIONS ON
42 WHETHER TO DISSOLVE THE LOCAL GOVERNMENT ENTITY WITH THE CLERK OF SUCH
43 LOCAL GOVERNMENT ENTITY WHO MUST IMMEDIATELY DELIVER THE PLAN AND RECOM-
44 MENDATIONS TO THE LOCAL GOVERNMENT ENTITY'S GOVERNING BODY.
45 S 8. The opening paragraph of section 775 of the general municipal
46 law, as added by chapter 74 of the laws of 2009, is amended to read as
47 follows:
48 No later than five business days after [commencement of dissolution
49 proceedings] THE DELIVERY OF THE DISSOLUTION PLAN AND RECOMMENDATION
50 pursuant to section seven hundred seventy-four of this title, the
51 governing body of the local government entity to be dissolved shall:
52 S 9. Subdivisions 1 and 3 of section 776 of the general municipal law,
53 as added by chapter 74 of the laws of 2009, are amended to read as
54 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. 7238 8
1 the proposed dissolution plan. The hearing or hearings shall be held no
2 less than thirty-five days and no more than ninety days after [commence-
3 ment of dissolution proceedings] RECEIVING THE DISSOLUTION PLAN RECOM-
4 MENDATIONS pursuant to section seven hundred seventy-four of this title.
5 Any interested person shall be given a reasonable opportunity to be
6 heard on any aspect of the proposed dissolution.
7 3. After completion of the final hearing, the governing body of the
8 local government entity to be dissolved may amend the proposed dissol-
9 ution plan, provided that the amended version complies with the
10 provisions of subdivision [two] FIVE of section seven hundred seventy-
11 four of this title and is publicized pursuant to subdivision four of
12 this section, [and/]or approve a final version of the dissolution plan[,
13 or decline to proceed further with dissolution proceedings]. Any
14 approval by the governing body of a final version of the dissolution
15 plan must occur within one hundred eighty days of the final hearing.
16 S 10. Section 777 of the general municipal law, as added by chapter 74
17 of the laws of 2009, is amended to read as follows:
18 S 777. Referendum resolution for dissolution [of villages]. 1. [If a
19 dissolution plan calls for the dissolution of a village, then contempo-
20 raneous] CONTEMPORANEOUS with the final approval of the dissolution plan
21 pursuant to subdivision three of section seven hundred seventy-six of
22 this title, the governing body of the [village] LOCAL GOVERNMENT ENTITY
23 shall enact a resolution calling for a referendum on the proposed
24 dissolution by the electors in the [village] LOCAL GOVERNMENT ENTITY.
25 2. The resolution calling for the referendum on the proposed dissol-
26 ution shall:
27 (a) provide (i) the name of the [village] LOCAL GOVERNMENT ENTITY to
28 be dissolved; and (ii) the date for the referendum, in accordance with
29 subdivision one of section seven hundred eighty of this title;
30 (b) state the substance of the question to be submitted to the elec-
31 tors; and
32 (c) set forth such other matters as may be necessary to call, provide
33 for and give notice of the referendum and to provide for the conduct
34 thereof and the canvass of the returns thereupon.
35 3. The resolution calling for the referendum on the proposed dissol-
36 ution shall have attached to it the final approved version of the
37 dissolution plan.
38 4. IF THE REFERENDUM SHALL FAIL, THE DISSOLUTION PROCESS SPECIFIED BY
39 THIS TITLE SHALL NOT BE INITIATED FOR THE LOCAL GOVERNMENT ENTITY BY
40 ELECTORATE PETITION PURSUANT TO SECTION SEVEN HUNDRED SEVENTY-NINE OF
41 THIS TITLE WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM.
42 S 11. Subdivisions 1 and 2 of section 779 of the general municipal
43 law, as added by chapter 74 of the laws of 2009, are amended to read as
44 follows:
45 1. The electors of a local government entity may commence a dissol-
46 ution proceeding by filing an original petition, containing not less
47 than the number of signatures provided for in subdivision two of this
48 section and in the form provided for in subdivision three of this
49 section, with the clerk of the town in which the entity or the greater
50 portion of its territory is located, except that if the entity is a
51 village the original petition of electors from the village shall be
52 filed with the clerk of the village. Accompanying the filed petition
53 shall be a cover sheet containing the name, address and telephone number
54 of an individual who signed the petition and who will serve as a contact
55 person. A PETITION MAY NOT BE SUBMITTED PURSUANT TO THIS SECTION IF A
56 RESOLUTION INITIATING THE DISSOLUTION PROCESS HAS BEEN ADOPTED PURSUANT
S. 7238 9
1 TO SECTION SEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE UNTIL SUCH PROCESS
2 HAS BEEN COMPLETED.
3 2. The petition shall contain [the] signatures [of] EQUAL TO at least
4 ten percent of the number of electors AT THE LAST GENERAL ELECTION OF
5 THE LOCAL GOVERNMENT ENTITY or five thousand [electors], whichever is
6 less, in the local government entity to be dissolved; provided, however,
7 that where the local government entity to be dissolved contains five
8 hundred or fewer electors, the petition shall contain [the] signatures
9 [of] EQUAL TO at least twenty percent of the number of electors AT THE
10 LAST GENERAL ELECTION OF THE LOCAL GOVERNMENT ENTITY. No signature on a
11 petition is valid unless it is an original signature of an elector AND
12 SIGNED WITHIN SIXTY DAYS OF THE PETITION BEING FILED WITH THE CLERK.
13 S 12. Section 782 of the general municipal law, as added by chapter 74
14 of the laws of 2009, is amended to read as follows:
15 S 782. Duty to approve proposed elector initiated dissolution plan. 1.
16 In the case of a proposed dissolution of a local government entity prop-
17 erly initiated by petition of electors pursuant to section seven hundred
18 seventy-nine of this title, if a majority of the electors voting at a
19 referendum vote in favor of dissolution, the entity's governing body
20 shall meet within thirty days after certification of the favorable vote
21 and[, within one hundred eighty days of such meeting,] FORM A COMMISSION
22 TO STUDY, FORMULATE A PLAN FOR, AND MAKE RECOMMENDATIONS REGARDING THE
23 DISSOLUTION AND TERMINATION OF A LOCAL GOVERNMENT ENTITY.
24 2. THE COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
25 MAY HAVE ANY NUMBER OF MEMBERS THE LOCAL GOVERNING BODY DETERMINES TO BE
26 BENEFICIAL FOR DEVELOPING A DISSOLUTION PLAN WITH THE REQUIREMENT THAT
27 THE COMMISSION MUST, IN ADDITION TO APPOINTMENTS MADE BY THE CHIEF
28 ELECTED OFFICER SUBJECT TO THE GOVERNING BODY'S APPROVAL, INCLUDE THE
29 CHIEF ELECTED OFFICIAL (IN THE CASE OF A SPECIAL DISTRICT OR FIRE
30 DISTRICT, THE CHAIRMAN OF THE BOARD OF COMMISSIONERS) OF THE LOCAL
31 GOVERNMENT ENTITY, ONE MEMBER OF THE LOCAL GOVERNMENT ENTITY'S GOVERNING
32 BODY TO BE SELECTED BY A MAJORITY VOTE OF THE GOVERNING BODY (IN THE
33 CASE OF A SPECIAL DISTRICT OR FIRE DISTRICT, THE BOARD OF COMMISSIONERS
34 MUST SELECT NO LESS THAN ONE COMMISSIONER OR REPRESENTATIVE), AND THE
35 SUPERVISOR OF THE TOWN OR TOWNS IN WHICH THE LOCAL GOVERNMENT ENTITY IS
36 LOCATED.
37 3. THE COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
38 MAY FORM SUB-COMMITTEES AND CONDUCT COMMUNITY FORUMS AND PUBLIC HEARINGS
39 DEEMED NECESSARY TO DEVELOP A DISSOLUTION PLAN. IT IS A PROPER PUBLIC
40 PURPOSE FOR THE GOVERNING BODY OF THE LOCAL GOVERNMENT ENTITY TO APPRO-
41 PRIATE MONEY FOR NECESSARY EXPENSES RELATED TO STUDYING THE PROPOSED
42 DISSOLUTION AND DEVELOPING A DISSOLUTION PLAN. THE COMMISSION SHALL BE A
43 PUBLIC BODY WITHIN THE MEANING OF SECTION ONE HUNDRED TWO OF THE PUBLIC
44 OFFICERS LAW. MEMBERS OF THE COMMISSION ARE REQUIRED TO FILE AN OATH OF
45 OFFICE WITH THE CLERK OF THE LOCAL GOVERNMENT ENTITY.
46 4. WITHIN TWELVE MONTHS OF THE FORMATION OF A COMMISSION FORMED PURSU-
47 ANT TO SUBDIVISION ONE OF THIS SECTION, THE COMMISSION SHALL prepare and
48 approve a proposed elector initiated dissolution plan. THE LOCAL GOVERN-
49 ING BODY MAY EXTEND THE TIME TO COMPLETE THE DISSOLUTION PLAN BY NINE-
50 TY-DAY INTERVALS FOR UP TO ONE ADDITIONAL YEAR UPON THE REQUEST OF THE
51 COMMISSION.
52 [2.] 5. The proposed elector initiated dissolution plan shall specify:
53 (a) the name of the local government entity to be dissolved;
54 (b) the territorial boundaries of the entity;
55 (c) the type and/or class of the entity;
56 (d) a fiscal estimate of the cost of dissolution;
S. 7238 10
1 (e) any plan for the transfer or elimination of public employees;
2 (f) the entity's assets, including but not limited to real and
3 personal property, and the fair value thereof in current money of the
4 United States;
5 (g) the entity's liabilities and indebtedness, bonded and otherwise,
6 and the fair value thereof in current money of the United States;
7 (h) any agreements entered into with the town or towns in which the
8 entity is situated in order to carry out the dissolution;
9 (i) the manner and means by which the residents of the entity will
10 continue to be furnished municipal services following the entity's
11 dissolution;
12 (j) terms for the disposition of the entity's assets and the disposi-
13 tion of its liabilities and indebtedness, including the levy and
14 collection of the necessary taxes and assessments therefor;
15 (k) findings as to whether any local laws, ordinances, rules or regu-
16 lations of the entity shall remain in effect after the effective date of
17 the dissolution or shall remain in effect for a period of time other
18 than as provided by section seven hundred eighty-nine of this title;
19 (l) the effective date of the dissolution;
20 (m) the time and place or places for a public hearing or hearings on
21 such proposed dissolution plan pursuant to section seven hundred eight-
22 y-four of this title; [and]
23 (n) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
24 LOCATED IN THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
25 (O) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
26 OF THE TOWN OUTSIDE OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
27 (P) A FISCAL ESTIMATE OF THE COST OF AND SAVINGS WHICH MAY BE REALIZED
28 FROM DISSOLUTION, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
29 (I) INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE;
30 (II) DISCONTINUING AND/OR RESTRUCTURING THE PROVISION OF PARTICULAR
31 SERVICES, AND THE EXTENT TO WHICH DISCONTINUING AND/OR RESTRUCTURING
32 SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH DISSOLUTION;
33 (III) THE ELIMINATION OF ELECTED OFFICES;
34 (IV) INCREASED AID FROM THE STATE TO THE RESULTING LOCAL GOVERNMENT
35 ENTITY; AND
36 (V) THE EXTENT TO WHICH SERVICES WILL NO LONGER BE PROVIDED THROUGH
37 THE USE OF VOLUNTEERS;
38 (Q) WHETHER THE DISSOLUTION WILL RESULT IN A NET INCREASE OR DECREASE
39 IN THE STATE'S LOCAL GOVERNMENT ENTITIES AS THAT TERM IS DEFINED IN THIS
40 ARTICLE; AND
41 (R) any other matter desirable or necessary to carry out the dissol-
42 ution.
43 6. A PUBLIC HEARING SHALL BE HELD ON THE FINALIZED PLAN AFTER AT LEAST
44 SEVEN DAYS NOTICE, PUBLISHED IN A NEWSPAPER WITH GENERAL CIRCULATION IN
45 THE LOCAL GOVERNMENT ENTITY. AFTER CONDUCTING SUCH PUBLIC HEARING, THE
46 COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION MUST FILE
47 A FINALIZED DISSOLUTION PLAN AND THE COMMISSION'S RECOMMENDATIONS ON
48 WHETHER TO DISSOLVE THE LOCAL GOVERNMENT ENTITY WITH THE CLERK OF THE
49 LOCAL GOVERNMENT ENTITY WHO MUST IMMEDIATELY DELIVER THE PLAN AND RECOM-
50 MENDATIONS TO THE LOCAL GOVERNMENT ENTITY'S GOVERNING BODY.
51 S 13. Subdivision 1 of section 784 of the general municipal law, as
52 added by chapter 74 of the laws of 2009, is amended to read as follows:
53 1. The governing body of the local government entity to be dissolved
54 shall set a time and place or places for one or more public hearings on
55 the proposed elector initiated dissolution plan. The hearing or hearings
56 shall be held no less than thirty-five days and no more than ninety days
S. 7238 11
1 after [the proposed elector initiated dissolution plan is approved]
2 RECEIVING THE DISSOLUTION PLAN RECOMMENDATIONS pursuant to section seven
3 hundred eighty-two of this title. Any interested person shall be given a
4 reasonable opportunity to be heard on any aspect of the proposed dissol-
5 ution.
6 S 14. Section 785 of the general municipal law, as added by chapter 74
7 of the laws of 2009, is amended to read as follows:
8 S 785. [Effective date of] REFERENDUM ON THE elector initiated dissol-
9 ution plan[; permissive referendum]. 1. [A local government entity
10 dissolved pursuant to an elector initiated dissolution plan shall
11 continue to be governed as before dissolution until the effective date
12 of the dissolution specified in the elector initiated dissolution plan,
13 which date shall be no less than forty-five days after final approval of
14 such plan pursuant to subdivision three of section seven hundred eight-
15 y-four or subdivision three of section seven hundred eighty-six of this
16 title.
17 2. Notwithstanding subdivision one of this section, the] THE elector
18 initiated dissolution plan shall not take effect [if, no later than
19 forty-five days after final approval of such plan pursuant to subdivi-
20 sion three of section seven hundred eighty-four or subdivision three of
21 section seven hundred eighty-six of this title, electors of the local
22 government entity to be dissolved shall:
23 (a) file an original petition, containing not less than the number of
24 signatures provided for in subdivision three of this section, seeking a
25 referendum on the question whether the elector initiated dissolution
26 plan shall take effect, with the clerk of the town in which the entity
27 or the greater portion of its territory is located, except that if the
28 entity is a village the original petition of electors from the village
29 shall be filed with the clerk of the village; and
30 (b) thereafter less than] UNLESS a majority of the electors vote in
31 the affirmative on such question at a referendum.
32 [3. The petition shall be circulated, signed and authenticated in
33 substantial compliance with the provisions of section seven hundred
34 seventy-nine of this title, shall contain the signatures of at least
35 twenty-five percent of the number of electors or fifteen thousand elec-
36 tors, whichever is less, in the local government entity to be dissolved,
37 and shall be accompanied by a cover sheet containing the name, address
38 and telephone number of an individual who signed the petition and who
39 will serve as a contact person.
40 4. Within ten days of the filing of the petition seeking a referendum
41 on whether the elector initiated dissolution plan shall take effect, the
42 clerk with whom the petition was filed shall make a final determination
43 regarding the sufficiency of the number of signatures on the petition
44 and provide timely written notice of such determination to the contact
45 person named in the cover sheet accompanying the petition. The contact
46 person or any individual who signed the petition may seek judicial
47 review of such determination in a proceeding pursuant to article seven-
48 ty-eight of the civil practice law and rules. Upon the clerk's determi-
49 nation that the petition contains no less than the required number of
50 signatures, the governing body of the local government entity to be
51 dissolved shall within thirty days enact a resolution calling for a
52 referendum by the electors on the question whether the elector initiated
53 dissolution plan shall take effect and set a date for such referendum in
54 accordance with subdivision five of this section.
55 5.] 2. The referendum on the question OF whether the elector initiated
56 dissolution plan shall take effect shall be submitted at [a special
S. 7238 12
1 election to be held not less than sixty or more than ninety] THE LOCAL
2 GOVERNMENT ENTITY'S NEXT GENERAL ELECTION OR AT THE NEXT ELECTION TO
3 FILL A VACANCY IN OFFICE FOR A LOCAL ELECTED OFFICIAL OF THE LOCAL
4 GOVERNMENT ENTITY, WHICHEVER IS SOONER, BUT IN NO CASE MAY THE REFEREN-
5 DUM BE HELD SOONER THAN FORTY-FIVE days after enactment of a resolution
6 APPROVING THE FINAL VERSION OF THE ELECTOR INITIATED DISSOLUTION PLAN
7 pursuant to subdivision [four] THREE of [this section, provided, howev-
8 er, that in cases where a town or village general election falls within
9 such period, the referendum question may be considered during a town or
10 village general election] SECTION SEVEN HUNDRED EIGHTY-FOUR OF THIS
11 TITLE.
12 [6.] 3. Notice of the referendum shall be given to the electors of the
13 local government entity to be dissolved by publication in a newspaper
14 having a general circulation within the boundaries of the entity at
15 least once a week for four consecutive weeks immediately prior to the
16 referendum. The notice shall include, but not be limited to:
17 (a) a summary of the contents of the resolution and elector initiated
18 dissolution plan;
19 (b) a statement as to where may be examined a copy of the resolution
20 and elector initiated dissolution plan;
21 (c) the time and place or places at which the referendum will be held,
22 in accordance with subdivision five of this section; and
23 (d) such other matters as may be necessary to call, provide for and
24 give notice of the referendum and to provide for the conduct thereof and
25 the canvass of the returns thereupon.
26 [7.] 4. In a referendum held pursuant to this section, the referendum
27 question shall be placed before the electors of the local government
28 entity to be dissolved in a form reading substantially as follows:
29 "The voters of the (insert type and name of local government entity to
30 be dissolved) having previously voted to dissolve, shall the elector
31 initiated dissolution plan take effect?
32 YES ____
33 NO ____"
34 [8.] 5. The elector initiated dissolution plan shall not take effect
35 unless a majority of the electors voting in the local government entity
36 to which the petition applies votes in favor of dissolution. If such a
37 majority vote does not result, the referendum shall fail and dissolution
38 shall not take effect.
39 6. IF THE REFERENDUM SHALL FAIL, THE DISSOLUTION PROCESS SPECIFIED BY
40 THIS TITLE SHALL NOT BE INITIATED FOR THE LOCAL GOVERNMENT ENTITY BY
41 ELECTORATE PETITION PURSUANT TO SECTION SEVEN HUNDRED SEVENTY-NINE OF
42 THIS TITLE WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM.
43 S 15. Subdivision 2 of section 33-a of the municipal home rule law, as
44 amended by chapter 74 of the laws of 2009, is amended to read as
45 follows:
46 2. Any such local law, or an amendment or repeal of one or more
47 provisions thereof which would have the effect of transferring or abol-
48 ishing a function or duty of the county or of the cities, towns,
49 villages, districts or other units of government wholly contained in the
50 county, shall not become operative unless and until it is approved at a
51 general election or at a special election, held in the county by receiv-
52 ing a majority of the total votes cast thereon: (a) in the area of the
53 county outside of cities and (b) in the area of cities of the county, if
54 any, considered as one unit, and if it provides for the transfer of any
55 function or duty to or from any village or for the abolition of any
56 office, department, agency or unit of government of a village wholly
S. 7238 13
1 contained in the county, it shall not take effect unless it shall also
2 receive a majority of [all] the votes cast thereon in [all] EACH OF the
3 villages OR LOCAL UNITS OF GOVERNMENT so affected [considered as one
4 unit]. Such a local law, amendment or repeal thereof, shall provide for
5 its submission to the electors of the county at the next general
6 election or at a special election, occurring not less than sixty days
7 after the adoption thereof by the board of supervisors.
8 S 16. This act shall take effect immediately.
