S T A T E O F N E W Y O R K
________________________________________________________________________
8983
2009-2010 Regular Sessions
I N A S S E M B L Y
June 17, 2009
___________
Introduced by M. of A. CORWIN -- 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:
Section 1. Subdivision 3 of section 754 of the general municipal law,
as added by a chapter of the laws of 2009, amending the general munici-
pal law and certain other laws relating to the requirements for consol-
idation or dissolution of certain local entities, as proposed in legis-
lative bill number A.8501, is amended to read as follows:
3. After completion of the final hearing, the governing body or bodies
of the local government entities to be consolidated may amend the
proposed joint consolidation agreement, provided that the amended
version complies with the provisions of subdivision two of section seven
hundred fifty-two of this title and is publicized pursuant to subdivi-
sion four of this section[, and/or]. AFTER COMPLETION OF SUCH HEARING OR
PUBLICATION OF AN AMENDED VERSION OF THE PROPOSED JOINT CONSOLIDATION
AGREEMENT, THE GOVERNING BODY OR BODIES OF THE LOCAL GOVERNMENT ENTITIES
TO BE CONSOLIDATED SHALL ENACT A RESOLUTION CALLING FOR A REFERENDUM ON
THE PROPOSED JOINT CONSOLIDATION AGREEMENT BY THE ELECTORS IN EACH OF
THE ENTITIES PURSUANT TO SECTION SEVEN HUNDRED FIFTY-FOUR-A OF THIS
TITLE. THE GOVERNING BODY OR BODIES OF THE LOCAL GOVERNMENT ENTITIES TO
BE CONSOLIDATED MAY approve a final version of the joint consolidation
agreement IF THE CONTENT OF SUCH PROPOSED FINAL VERSION OF THE JOINT
CONSOLIDATION AGREEMENT WAS APPROVED BY A MAJORITY OF THE ELECTORS
VOTING IN EACH LOCAL GOVERNMENT ENTITY TO BE CONSOLIDATED, or decline to
proceed further with consolidation proceedings. Any approval by the
entities' governing body or bodies of the final version of the joint
consolidation agreement must occur within one hundred eighty days of
such [final hearing] APPROVAL BY THE MAJORITY OF THE ELECTORS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14347-01-9
A. 8983 2
S 2. The general municipal law is amended by adding a new section
754-a to read as follows:
S 754-A. REFERENDUM RESOLUTION FOR PROPOSED JOINT CONSOLIDATION AGREE-
MENT. 1. IF A JOINT CONSOLIDATION AGREEMENT CALLS FOR THE CONSOLIDATION
OF TWO OR MORE TOWNS, TWO OR MORE VILLAGES OR ONE OR MORE TOWNS AND
VILLAGES, THEN PRIOR TO FINAL APPROVAL OF THE JOINT CONSOLIDATION AGREE-
MENT PURSUANT TO SUBDIVISION THREE OF SECTION SEVEN HUNDRED FIFTY-FOUR
OF THIS TITLE, THE GOVERNING BODY OR BODIES OF THE LOCAL GOVERNMENT
ENTITIES TO BE CONSOLIDATED SHALL ENACT A RESOLUTION CALLING FOR A
REFERENDUM ON THE PROPOSED JOINT CONSOLIDATION AGREEMENT BY THE ELECTORS
IN EACH OF THE ENTITIES.
2. THE RESOLUTION CALLING FOR THE REFERENDUM ON THE PROPOSED JOINT
CONSOLIDATION AGREEMENT SHALL: (A) PROVIDE (I) THE NAME OF EACH OF THE
TOWNS AND/OR VILLAGES PROPOSED TO BE CONSOLIDATED, (II) A STATEMENT
FULLY DESCRIBING THE TERRITORY TO BE INCLUDED WITHIN THE PROPOSED
CONSOLIDATED LOCAL GOVERNMENT ENTITY, (III) THE NAME OF THE PROPOSED
CONSOLIDATED LOCAL GOVERNMENT ENTITY, AND (IV) THE DATE FOR THE REFEREN-
DUM, IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION SEVEN HUNDRED FIFTY-
EIGHT OF THIS TITLE; (B) STATE THE SUBSTANCE OF THE QUESTION TO BE
SUBMITTED TO THE ELECTORS; AND (C) SET FORTH SUCH OTHER MATTERS AS MAY
BE NECESSARY TO CALL, PROVIDE FOR AND GIVE NOTICE OF THE REFERENDUM AND
TO PROVIDE FOR THE CONDUCT THEREOF AND THE CANVAS OF THE RETURNS THERE-
UPON.
3. THE RESOLUTION CALLING FOR A REFERENDUM ON THE PROPOSED JOINT
CONSOLIDATION AGREEMENT SHALL HAVE ATTACHED TO IT THE PROPOSED FINAL
VERSION OF THE JOINT CONSOLIDATION AGREEMENT.
S 3. Section 758 of the general municipal law, as added by a chapter
of the laws of 2009, amending the general municipal law and certain
other laws relating to the requirements for consolidation or dissolution
of certain local entities, as proposed in legislative bill number
A.8501, is amended to read as follows:
S 758. Conduct of referendum. 1. A referendum required by sections
SEVEN HUNDRED FIFTY-FOUR-A, seven hundred fifty-five or seven hundred
fifty-seven of this title shall be placed before the electors of each of
the local government entities to be consolidated at a special election
to be held not less than sixty or more than ninety days after the enact-
ment of a resolution calling for such referendum, provided, however,
that in cases where a town or village general election falls within such
period, the question may be considered during a town or village general
election.
2. The referendum may be held in each local government entity on the
same day, or on different days, however, not more than twenty days
apart.
3. Notice of the referendum shall be given to the electors of each
local government entity to be consolidated by publication in a newspaper
having a general circulation within the boundaries of each entity at
least once a week for four consecutive weeks immediately prior to the
referendum. The notice shall include, but not be limited to:
(a) a summary of the contents of the resolution and joint consol-
idation agreement or petition for consolidation, as the case may be;
(b) a statement as to where may be examined a copy of the resolution
and joint consolidation agreement or petition for consolidation, as the
case may be;
(c) the names of the local government entities to be consolidated and
a description of their territory;
A. 8983 3
(d) with respect to a resolution calling for a referendum under
section seven hundred FIFTY-FOUR-A OR SECTION SEVEN HUNDRED fifty-five
of this title only, the name of the proposed consolidated local govern-
ment entity;
(e) the time and place or places at which the referendum will be
held; and
(f) such other matters as may be necessary to call, provide for and
give notice of the referendum and to provide for the conduct thereof and
the canvass of the returns thereupon.
4. The referendum question PURSUANT TO SECTION SEVEN HUNDRED
FIFTY-FOUR-A placed before the electors of each local government entity
to be consolidated shall be in a form reading substantially as follows:
"DO YOU APPROVE OF THE PROPOSED JOINT CONSOLIDATION AGREEMENT CONCERN-
ING (INSERT TYPE AND NAME OF LOCAL GOVERNMENT ENTITY) AND (INSERT TYPE
AND NAME OF LOCAL GOVERNMENT ENTITY OR ENTITIES)?
YES ____
NO _____"
4-A. THE REFERENDUM QUESTION PURSUANT TO SECTION SEVEN HUNDRED FIFTY-
FIVE PLACED BEFORE THE ELECTORS OF EACH LOCAL GOVERNMENT ENTITY TO BE
CONSOLIDATED SHALL BE IN A FORM READING SUBSTANTIALLY AS FOLLOWS:
"Shall (insert type and name of local government entity) be consol-
idated with (insert type and name of local government entity or enti-
ties)?
YES ____
NO ____"
5. In any referendum held pursuant to this title, each local govern-
ment entity to be consolidated shall bear only the costs of holding such
referendum in its respective entity and shall not be required to bear
the costs of a referendum held in any other entity.
6. In any referendum held pursuant to this title, and except as
otherwise specified herein, the referendum shall be conducted in the
same manner as other municipal elections or referendums for the local
government entities to be consolidated.
S 4. Subdivision 6 of section 757 of the general municipal law, as
added by a chapter of the laws of 2009, amending the general municipal
law and certain other laws relating to the requirements for consol-
idation or dissolution of certain local entities, as proposed in legis-
lative bill number A.8501, is amended to read as follows:
6. Within ten days of the filing of the petition seeking consolidation
pursuant to subdivision one of this section, the clerk with whom the
petition was filed shall make a final determination regarding the suffi-
ciency of the number of signatures on the petition and provide timely
written notice of such determination to the contact person named in the
cover sheet accompanying the petition. The contact person or any indi-
vidual who signed the petition may seek judicial review of such determi-
nation in a proceeding pursuant to article seventy-eight of the civil
practice laws and rules. UPON A DETERMINATION BY THE CLERK OF AN INSUF-
FICIENT NUMBER OF SIGNATURES ON THE PETITION, SUCH CONTACT PERSON SHALL
HAVE UP TO ONE HUNDRED TWENTY DAYS TO COLLECT THE SUFFICIENT NUMBER OF
SIGNATURES FOR SUCH PETITION.
S 5. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2009, amending the general municipal
law and certain other laws relating to the requirements for consol-
idation or dissolution of certain local entities, as proposed in legis-
lative bill number A.8501, takes effect.