Assembly Bill A9412

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9412

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Local Governments

AN ACT to amend the general municipal law and the town law, in  relation
  to  establishing  a petition process to change the elective offices of
  clerk, superintendent of highways and receiver of taxes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The general municipal law is amended by adding a new arti-
cle 17-B to read as follows:
                              ARTICLE 17-B
                  PETITION PROCESS TO ELIMINATE CERTAIN
                                POSITIONS
SECTION 799-A. DEFINITIONS.
        799-B. PROCESS UPON PETITION OR RESOLUTION.
        799-C. PETITION TO START THE  PROCESS  TO  CHANGE  THE  ELECTIVE
                 OFFICES   OF  CLERK,  SUPERINTENDENT  OF  HIGHWAYS  AND
                 RECEIVER OF TAXES.
  S 799-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. THE TERM "QUALIFIED ELECTOR" SHALL MEAN A PERSON WHO IS  REGISTERED
TO VOTE IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION LAW.
  2.  THE TERM "PARTICIPATING MUNICIPALITY" SHALL MEAN A TOWN OR VILLAGE
THAT HAS STARTED THE PETITION PROCESS PURSUANT TO SECTION SEVEN  HUNDRED
NINETY-NINE-B OF THIS ARTICLE.
  S 799-B. PROCESS  UPON  PETITION  OR  RESOLUTION. 1. THE PROCESS SHALL
START IN A MUNICIPALITY ONCE A PETITION FROM THE RESIDENTS IS FILED WITH
THE MUNICIPAL CLERK.
  2. UPON RECEIVING A PETITION FROM  THE  RESIDENTS,  THE  PARTICIPATING
MUNICIPALITY  SHALL  SUBMIT  THE QUESTION OF THE CHANGE OF OFFICE OF THE
CLERK, SUPERINTENDENT OF HIGHWAYS OR RECEIVER OF TAXES TO THE VOTERS.
  3. A CERTIFICATE OF THE ELECTION SHALL BE FILED WITH THE SECRETARY  OF
STATE,  WITH THE CLERKS OF EACH PARTICIPATING MUNICIPALITY, AND WITH THE
CLERKS OF EACH COUNTY IN WHICH ANY PART  OF  THE  PARTICIPATING  MUNICI-
PALITY IS LOCATED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD11027-04-0

A. 9412                             2

  4. IF THE MAJORITY OF VOTES CAST ON THE REFERENDUM IN EACH PARTICIPAT-
ING MUNICIPALITY, ARE IN THE AFFIRMATIVE, THE MUNICIPALITY WITHIN THIRTY
DAYS  OF THE DATE OF THE REFERENDUM SHALL NOTIFY SUCH CLERK, SUPERINTEN-
DENT OF HIGHWAYS OR RECEIVER OF TAXES THAT HE OR  SHE  SHALL  SERVE  OUT
THEIR REMAINING TERM.
  5. IF THE MAJORITY OF VOTES CAST ON THE REFERENDUM IN EACH PARTICIPAT-
ING  MUNICIPALITY ARE IN THE NEGATIVE, THE REFERENDUM SHALL FAIL AND THE
PETITION PROCESS MAY NOT BE INITIATED FOR THE SAME  PURPOSE  WITHIN  TWO
YEARS OF THE DATE OF SUCH REFERENDUM.
  S 799-C. PETITION  TO START THE PROCESS TO CHANGE THE ELECTIVE OFFICES
OF CLERK, SUPERINTENDENT OF HIGHWAYS AND RECEIVER OF TAXES.  1. ELIGIBLE
SIGNATURES. TO START THE PETITION PROCESS, A PETITION MUST  HAVE  SIGNA-
TURES  FROM RESIDENTS OF THE JURISDICTION, EQUAL TO AT LEAST TEN PERCENT
OF THE RESIDENT ELECTORS QUALIFIED TO VOTE IN THE LAST GENERAL ELECTION.
THOSE SIGNING THE PETITION MUST BE QUALIFIED TO VOTE AT THE TIME OF  THE
FILING OF THE PETITION WITH THE MUNICIPAL CLERK.
  2.  TIME  LIMIT. A SIGNATURE SHALL BE INVALID IF IT IS SIGNED UPON THE
PETITION MORE THAN ONE HUNDRED EIGHTY DAYS BEFORE THE PETITION IS  FILED
WITH THE MUNICIPAL CLERK, UNLESS THE GOVERNING BOARD PASSES A RESOLUTION
TO GIVE ADDITIONAL TIME TO COLLECT SIGNATURES.
  3. FORM. THE PETITION SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
                                PETITION
WE, THE UNDERSIGNED, ELECTORS OF THE (INSERT TYPE OF MUNICIPALITY - TOWN
OR  VILLAGE)          OF                   (INSERT NAME OF MUNICIPALITY)
, NEW YORK, QUALIFIED TO VOTE AT THE NEXT GENERAL OR  SPECIAL  ELECTION,
DO HEREBY PETITION THAT THERE BE SUBMITTED TO THE VOTERS OF (INSERT NAME
OF  MUNICIPALITY)          ,  PURSUANT TO LAW, A PROPOSITION AS FOLLOWS:
(INSERT PROPOSITION SOUGHT TO BE SUBMITTED)  THE  UNDERSIGNED  QUALIFIED
ELECTORS  HEREBY  REQUEST THAT A REFERENDUM VOTE UPON THE ABOVE PROPOSI-
TION BE TAKEN AS PROVIDED BY LAW. IN WITNESS   WHEREOF, WE  HAVE  SIGNED
OUR NAMES ON THE DATES INDICATED NEXT TO OUR SIGNATURES.
   DATE   NAME - PRINT NAME UNDER SIGNATURE  HOME ADDRESS
1. ______ __________________________________ ____________________________
2. ______ __________________________________ ____________________________
3. ______ __________________________________ ____________________________
(ON THE BOTTOM OF EACH PAGE, AFTER ALL THE NUMBERED SIGNATURES, INSERT A
WITNESS  STATEMENT  OR A STATEMENT BY A NOTARY PUBLIC OR COMMISSIONER OF
DEEDS, IN SUBSTANTIALLY THE FOLLOWING FORM:)
I, (NAME OF WITNESS), STATE THAT I AM A REGISTERED VOTER OF THE STATE OF
NEW YORK. I AM A RESIDENT OF THE (TOWN OR VILLAGE) OF (NAME OF  TOWN  OR
VILLAGE).  THE  PERSONS  THAT HAVE SIGNED THIS PETITION SHEET CONTAINING
(FILL IN NUMBER) SIGNATURES, HAVE SIGNED THEIR NAMES IN MY  PRESENCE  ON
THE  DATES  INDICATED  ABOVE  AND  IDENTIFIED  THEMSELVES TO BE THE SAME
PERSONS WHO SIGNED THE SHEET. I UNDERSTAND THAT THIS STATEMENT  WILL  BE
ACCEPTED  FOR  ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT, AND IF IT
CONTAINS A MATERIALLY FALSE STATEMENT, SHALL SUBJECT ME TO THE PENALTIES
OF PERJURY.
___________    _______________________________________
   DATE            SIGNATURE OF WITNESS
(IN LIEU OF THE SIGNED STATEMENT OF A WITNESS WHO IS  A  DULY  QUALIFIED
VOTER  OF THE STATE, QUALIFIED TO SIGN THE PETITION AS A RESIDENT OF THE
TOWN OR VILLAGE, THE FOLLOWING STATEMENT SIGNED BY A NOTARY PUBLIC OR  A
COMMISSIONER  OF  DEEDS  SHALL BE ACCEPTED.) ON THE DATE ABOVE INDICATED
BEFORE ME PERSONALLY CAME EACH OF THE VOTERS WHOSE SIGNATURES APPEAR  ON
THIS  PETITION  SHEET CONTAINING (FILL IN NUMBER) SIGNATURES, WHO SIGNED
SAME IN MY PRESENCE AND WHO, BEING BY ME DULY SWORN, EACH FOR HIMSELF OR

A. 9412                             3

HERSELF, SAID THAT THE FOREGOING STATEMENT MADE AND SUBSCRIBED BY HIM OR
HER, WAS TRUE.
___________    _______________________________________
   DATE         NOTARY PUBLIC OR COMMISSIONER OF DEEDS
  4.  LIBERAL  CONSTRUCTION.  IN  MATTERS OF FORM, THIS SECTION SHALL BE
GIVEN A LIBERAL CONSTRUCTION, AND PRECISE COMPLIANCE IS NOT REQUIRED.
  S 2. Subdivision 6 of section 20 of the town law, as added by  chapter
792  of  the  laws of 1934, paragraph (c) as added by chapter 343 of the
laws of 1940, paragraphs (a), (b) and (c) as relettered by  chapter  302
of the laws of 1974, is amended to read as follows:
  6.  (a) (I) At least one hundred fifty days prior to any biennial town
election, the town board of any town in which the appointive  office  of
town  clerk shall exist, may adopt a resolution, subject to a permissive
referendum, that the office of town clerk shall be an elective office in
such town. Every elector of the town shall be entitled to  vote  at  any
referendum  held  thereon pursuant to the provisions of article seven of
this chapter. If the town board shall have adopted such a resolution and
no petition shall have been filed within the time specified  in  article
seven OF THIS CHAPTER for a referendum thereon, or, if a majority of the
votes  cast on any such proposition submitted pursuant to the provisions
of article seven OF THIS CHAPTER be in the  affirmative  the  office  of
town  clerk  shall  thereafter be an elective office in such town, and a
town clerk shall be elected at the succeeding biennial town election for
the term provided by this chapter, beginning on the first day of January
next succeeding such biennial town election and the term  of  office  of
the appointive town clerk for whom such successor shall be elected shall
expire on said first day of January.
  (II) EVERY ELECTOR OF THE TOWN SHALL BE ENTITLED TO VOTE AT ANY REFER-
ENDUM  HELD  THEREON PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN OF THIS
CHAPTER. IF THE TOWN BOARD SHALL HAVE ADOPTED SUCH A RESOLUTION  AND  NO
PETITION  SHALL  HAVE  BEEN  FILED  WITHIN THE TIME SPECIFIED IN ARTICLE
SEVEN OF THIS CHAPTER FOR A REFERENDUM THEREON, OR, IF A MAJORITY OF THE
VOTES CAST ON ANY SUCH PROPOSITION SUBMITTED PURSUANT TO THE  PROVISIONS
OF  ARTICLE  SEVEN  OF THIS CHAPTER BE IN THE AFFIRMATIVE, THE OFFICE OF
TOWN CLERK SHALL THEREAFTER BE AN APPOINTIVE OFFICE IN  SUCH  TOWN,  AND
THE  TOWN BOARD SHALL APPOINT A TOWN CLERK FOR THE TERM PROVIDED BY THIS
CHAPTER, BEGINNING ON THE FIRST DAY  OF  JANUARY  NEXT  SUCCEEDING  SUCH
BIENNIAL TOWN ELECTION AND THE TERM OF OFFICE OF THE ELECTIVE TOWN CLERK
FOR  WHOM  SUCH  SUCCESSOR SHALL BE APPOINTED SHALL EXPIRE ON SAID FIRST
DAY OF JANUARY.
  (b) (I) At least one hundred fifty days prior  to  any  biennial  town
election  the  town  board of any town in which the appointive office of
town superintendent of highways shall exist,  may  adopt  a  resolution,
subject  to  a permissive referendum that the office of town superinten-
dent of highways shall be an elective office in such town. Every elector
of the town shall be entitled to vote at  any  referendum  held  thereon
pursuant to the provisions of article seven of this chapter. If the town
board  shall  have  adopted such a resolution and no petition shall have
been filed within the time specified in article seven  OF  THIS  CHAPTER
for  a  referendum  thereon,  or, if a majority of the votes cast on any
such proposition submitted pursuant to the provisions of  article  seven
OF  THIS CHAPTER be in the affirmative the office of town superintendent
of highways shall thereafter be an elective office in such town,  and  a
town superintendent of highways shall be elected at the succeeding bien-
nial  town  election for the term provided by this chapter, beginning on
the first day of January next succeeding such biennial town election and

A. 9412                             4

the term of office of the appointive town superintendent of highways for
whom such successor shall be elected shall expire on said first  day  of
January.
  (II) EVERY ELECTOR OF THE TOWN SHALL BE ENTITLED TO VOTE AT ANY REFER-
ENDUM  HELD  THEREON PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN OF THIS
CHAPTER.  IF THE TOWN BOARD SHALL HAVE ADOPTED SUCH A RESOLUTION AND  NO
PETITION  SHALL  HAVE  BEEN  FILED  WITHIN THE TIME SPECIFIED IN ARTICLE
SEVEN OF THIS CHAPTER FOR A REFERENDUM THEREON, OR, IF A MAJORITY OF THE
VOTES CAST ON ANY SUCH PROPOSITION SUBMITTED PURSUANT TO THE  PROVISIONS
OF  ARTICLE  SEVEN  OF THIS CHAPTER BE IN THE AFFIRMATIVE, THE OFFICE OF
TOWN SUPERINTENDENT OF HIGHWAYS SHALL THEREAFTER BE AN APPOINTIVE OFFICE
IN SUCH TOWN, AND THE TOWN BOARD SHALL APPOINT A TOWN SUPERINTENDENT  OF
HIGHWAYS  FOR  THE TERM PROVIDED BY THIS CHAPTER, BEGINNING ON THE FIRST
DAY OF JANUARY NEXT SUCCEEDING SUCH BIENNIAL TOWN ELECTION AND THE  TERM
OF  OFFICE OF THE ELECTIVE TOWN SUPERINTENDENT OF HIGHWAYS FOR WHOM SUCH
SUCCESSOR SHALL BE APPOINTED SHALL EXPIRE ON SAID FIRST DAY OF JANUARY.
  (c) (I) At least one hundred fifty days prior  to  any  biennial  town
election,  the  town  board  of any town of the first class in which the
appointive office of receiver of taxes and assessments shall exist,  may
adopt  a resolution, subject to a permissive referendum, that the office
of receiver of taxes and assessments shall be an elective office in such
town. Every elector of the town shall be entitled to vote at any  refer-
endum  held  thereon pursuant to the provisions of article seven of this
chapter. If the town board shall have adopted such a resolution  and  no
petition  shall  have  been  filed  within the time specified in article
seven OF THIS CHAPTER for a referendum thereon, or, if a majority of the
votes cast on any such proposition submitted pursuant to the  provisions
of  article  seven  OF  THIS CHAPTER be in the affirmative the office of
receiver of taxes and assessments shall thereafter be an elective office
in such town, and a receiver of taxes and assessments shall  be  elected
at  the  succeeding biennial town election for the term provided by this
chapter, beginning on the first day  of  January  next  succeeding  such
biennial town election and the term of office of the appointive receiver
of  taxes and assessments for whom such successor shall be elected shall
expire on said first day of January.
  (II) NO PETITION SHALL HAVE BEEN FILED WITHIN THE  TIME  SPECIFIED  IN
ARTICLE SEVEN OF THIS CHAPTER FOR A REFERENDUM THEREON, OR, IF A MAJORI-
TY  OF  THE VOTES CAST ON ANY SUCH PROPOSITION SUBMITTED PURSUANT TO THE
PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER BE IN  THE  AFFIRMATIVE  THE
OFFICE  OF  RECEIVER  OF  TAXES  AND  ASSESSMENTS SHALL THEREAFTER BE AN
APPOINTIVE OFFICE IN SUCH TOWN, AND  THE  TOWN  BOARD  SHALL  APPOINT  A
RECEIVER OF TAXES AND ASSESSMENTS FOR THE TERM PROVIDED BY THIS CHAPTER,
BEGINNING ON THE FIRST DAY OF JANUARY NEXT SUCCEEDING SUCH BIENNIAL TOWN
ELECTION  AND  THE  TERM OF OFFICE OF THE ELECTIVE RECEIVER OF TAXES AND
ASSESSMENTS FOR WHOM SUCH SUCCESSOR SHALL BE APPOINTED SHALL  EXPIRE  ON
SAID FIRST DAY OF JANUARY.
  S  3. Subdivision 1 of section 36 of the town law, as amended by chap-
ter 437 of the laws of 1963, is amended to read as follows:
  1. In any town [of the second  class]  in  which  the  office  of  tax
collector  or  receiver  of taxes AND ASSESSMENTS exists, the town board
thereof may by resolution duly adopted at least one hundred  fifty  days
prior to any biennial town election, determine that said office be abol-
ished,  same  to  take effect at the expiration of the term of office to
which the incumbent was elected or appointed; and no such tax  collector
or  town receiver of taxes AND ASSESSMENTS shall be elected at any bien-
nial town election held not less than one hundred fifty days thereafter.

A. 9412                             5

Upon the expiration of the term of office of such tax collector or  town
receiver  of taxes AND ASSESSMENTS as provided [herein] IN THIS CHAPTER,
he OR SHE shall surrender and deliver to the town clerk of said town all
assessment  rolls,  books,  papers, writings and all other documents and
property in his OR HER possession as such officer. In  all  towns  where
the  office  of  tax  collector or receiver of taxes AND ASSESSMENTS has
been abolished, it shall be the duty of such town clerk to  collect  and
receive  all  state,  county  and town taxes and assessments that may be
levied in such town and the town clerk shall have all the powers and  be
subject  to all the duties of a collector IN A TOWN OF THE SECOND CLASS,
OR OF A RECEIVER OF TAXES AND ASSESSMENTS IN A TOWN OF THE  FIRST  CLASS
with  respect  to  the collection of such taxes, the deposit of receipts
and the return of unpaid  taxes,  as  provided  by  subdivision  one  of
section  thirty-five  OR SECTION THIRTY-SEVEN of this [chapter] ARTICLE,
AS THE CASE MAY BE.
  S 4. Paragraph 5 of subdivision 21-a of section 64 of the town law  is
renumbered  paragraph  6  and  a  new  paragraph  5  is added to read as
follows:
  5. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
TO THE CONTRARY, EVERY TOWN WHICH HAS ESTABLISHED A DEPARTMENT OF PUBLIC
WORKS PURSUANT TO THIS  SECTION  MAY  ADOPT  A  RESOLUTION,  SUBJECT  TO
PERMISSIVE REFERENDUM AS PROVIDED BY ARTICLE SEVEN OF THIS CHAPTER, THAT
THE  OFFICE  OF  THE TOWN SUPERINTENDENT OF HIGHWAYS SHALL BE ABOLISHED.
THE COMMISSIONER OF PUBLIC WORKS SHALL THEREAFTER BE  THE  HEAD  OF  THE
DEPARTMENT  OF  PUBLIC  WORKS  AND THE HIGHWAY DEPARTMENT, AND HE OR SHE
SHALL HAVE ALL THE POWERS AND DUTIES CONFERRED UPON  THE  SUPERINTENDENT
OF HIGHWAYS WITHIN THIS CHAPTER, THE HIGHWAY LAW, AND ANY OTHER GENERAL,
SPECIAL, OR LOCAL LAW, RULE, REGULATION OR CODE.
  S 5. This act shall take effect immediately.