senate Bill S642

Proposes an amendment to the constitution relating to powers of local governments to annex territory

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / Jan / 2009
    • REFERRED TO JUDICIARY
  • 21 / Jan / 2009
    • TO ATTORNEY-GENERAL FOR OPINION
  • 13 / Feb / 2009
    • OPINION REFERRED TO JUDICIARY
  • 06 / Jan / 2010
    • REFERRED TO JUDICIARY
  • 12 / Jan / 2010
    • TO ATTORNEY-GENERAL FOR OPINION
  • 09 / Feb / 2010
    • OPINION REFERRED TO JUDICIARY

Summary

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Bill Details

Versions:
S642
Legislative Cycle:
2009-2010
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend

Sponsor Memo

BILL NUMBER: S642

TITLE OF BILL :
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an
amendment to subdivision (d) of section 1 of article 9 of the
constitution, in relation to the powers of local government


PURPOSE OR GENERAL IDEA OF BILL :
The purposes of this bill is to allow municipalities to annex other
municipalities without approval from the affected municipalities'
legislatures. Note that this bill does not remove the requirement 'of
the people, if any, of the territory proposed to be annexed to pass a
referendum allowing for the annexation to take place.

SUMMARY OF SPECIFIC PROVISIONS :
This bill amends Article IX; Section 1 (d) of the State Constitution.

JUSTIFICATION :
Municipal borders, often established more than a century ago, are
becoming less relevant and more costly to maintain as New Yorkers live
increasingly mobile lives. Residents often live and pay taxes in one
place, yet work someplace else and shop throughout the region. Yet,
while modern transportation and telecommunication technologies render
old boundaries virtually meaningless in the day-to-day lives of New
Yorkers, multiple often duplicative government layers have driven the
cost of local government so high that New York State has achieved the
reputation of having the highest local taxes in the nation. Local
service delivery is often uncoordinated and planning frequently occurs
in a void. For all these reasons the concept of regionalism has become
increasingly, if only theoretically, popular. While the State
Constitution allows regional cooperation in some respects, a
prohibitive impediment to the action of local governments is the State
Constitution's requirement that local legislatures approve any attempt
by one municipality to annex another. This requirement, in addition to
the referenda requirement, suggests that the interest of the local
government itself should be given equal weight as the interests of
People it represents. This bill recognizes the primacy of the
Peoples' interests while removing the local legislative obstacle.

PRIOR LEGISLATIVE HISTORY :
2003/04 Opinion, referred to Judiciary, held for consideration in
Local Governments
2005/2006 Opinion referred to Judiciary, attorney general, held for
consideration in Local Governments
S.2722 of 2007/2008

FISCAL IMPLICATIONS :
This bill, if passed, will have no fiscal implications for the State
of New York. Merged localities will save money through increased
efficiencies, economies of scale, and shared tax bases.















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