NY State Senate Bill 2009-S265

Senate Bill S265

2009-2010 Legislative Session

Pertains to the composition of county and part-county boards of health; relates to municipal consolidation or dissolution petitions

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Jan 07, 2009	referred to health

2009-S265 (ACTIVE) - Details

See Assembly Version of this Bill:: A639
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §351, Pub Health L; add Art 17-A §750, Gen Muni L; amd §§9-912 & 19-1900, add §18-1807, Vil L; amd §§79-d, 81, 172 & 172-b, Town L

2009-S265 (ACTIVE) - Summary

Pertains to the composition of county and part-county boards of health; and provides for petition requirements for initiating a referendum regarding municipal consolidation or dissolution.

2009-S265 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S265

 TITLE OF BILL :
An act to amend the public health law, in relation to the composition
of county and part-county boards of health; and to amend the general
municipal law, the town law and the village law, in relation to the
petition requirements for initiating a referendum regarding municipal
consolidation or dissolution


 PURPOSE :
To give certain counties the ability to streamline certain public
health services and to provide a uniform municipal consolidation or
dissolution petition process.

 SUMMARY OF PROVISIONS :
Section one amends section 351 of the public health law to allow the
same person to be appointed as county health director, public health
director or county health commissioner in counties that meet
population requirements.

Section two amends the general municipal law by adding a new article
17-A - Municipal Consolidation or Dissolution Petitions.

Sections three through ten outlines the procedure for village, town
and fire district consolidations or dissolutions.

 JUSTIFICATION :
The Governor's Commission on Local Government Efficiency and
Competitiveness issued a report outlining 72 recommendations for
reforming local governments across New York State.  This bill is the
first attempt to accomplish the first flights of those
recommendations. One of the key issues identified during the LGEC
process was that there was not a simple and straightforward process
for electors to petition for a consolidation of two or more
governmental units It was also found that the burden of getting 60% of
voters to approve such a petition was far too high to expect a
consolidation to ever happen. In order to clarify the situation this
bill cleans up the petition process and lowers the threshold for a
petition seeking consolidation from 60% to 25%. It is hoped that this
change will mean more active attempts for local governments to
consider and then, upon showing of reason, consolidate.

The other major component present within the instant bill allows for
the sharing of public health directors by multiple counties. It is
hoped that by streamlining operations, cost savings can be realized.

 LEGISLATIVE HISTORY :
2008: S.8582 Rules Committee

 FISCAL IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S265 (ACTIVE) - Bill Text download pdf

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

                                   265

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to the composition of
  county and part-county boards of health;  and  to  amend  the  general
  municipal  law,  the  town law and the village law, in relation to the
  petition requirements for initiating a referendum regarding  municipal
  consolidation or dissolution

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

  Section 1.  Section 351 of the public health  law,  subdivision  1  as
amended  by  chapter  83  of  the  laws  of  1975, is amended to read as
follows:
  S 351. County or part-county health commissioner, PUBLIC HEALTH DIREC-
TOR OR COUNTY HEALTH DIRECTOR; appointment; compensation.  1. The  board
of  health  of each county and part-county health district OR OTHER BODY
AUTHORIZED PURSUANT TO SECTION THREE HUNDRED FIFTY-SIX OF THIS TITLE  or
the county executive in those counties where the county charter provides
that  said commissioner is to be appointed by the county executive shall
appoint a county health commissioner, COUNTY HEALTH  DIRECTOR  OR,  WHEN
AUTHORIZED  UNDER  THE  STATE  SANITARY  CODE,  PUBLIC  HEALTH DIRECTOR;
except, however,
  (A) that the boards of health of not more than three county  or  part-
county  health  districts OR OTHER BODIES AUTHORIZED PURSUANT TO SECTION
THREE HUNDRED FIFTY-SIX OF THIS TITLE may appoint  the  same  person  to
serve  as  county  health  commissioner, COUNTY HEALTH DIRECTOR OR, WHEN
AUTHORIZED BY THE STATE SANITARY CODE, PUBLIC HEALTH DIRECTOR  for  said
health  districts, if the total population of health districts is not in
excess of one hundred fifty thousand according  to  the  latest  federal
decennial   census,   provided  the  approval  of  the  commissioner  is
obtained[.]; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00960-01-9

S. 265                              2

  [The] (B) THE board of health OR OTHER  BODY  AUTHORIZED  PURSUANT  TO
SECTION  THREE  HUNDRED  FIFTY-SIX  OF  THIS  TITLE of any county health
district with a population of  less  than  thirty-five  thousand  [popu-
lation] according to the latest federal decennial census may appoint the
same  person  employed  by  a  contiguous  county  or part-county health
district to serve as county health commissioner, COUNTY HEALTH  DIRECTOR
OR,  WHEN  AUTHORIZED BY THE STATE SANITARY CODE, PUBLIC HEALTH DIRECTOR
without regard  to  the  total  population  of  both  health  districts,
provided the approval of the commissioner is obtained.
  [2.]  THE  COMMISSIONER  SHALL PERIODICALLY REVIEW HIS OR HER DETERMI-
NATION TO ENSURE SUCH EMPLOYMENT OF THE  SAME  COUNTY  HEALTH  DIRECTOR,
PUBLIC  HEALTH DIRECTOR OR COUNTY HEALTH COMMISSIONER CONTINUES TO SERVE
THE INTEREST OF PUBLIC HEALTH AND MAY TERMINATE HIS OR HER  APPROVAL  AT
HIS OR HER DISCRETION.
  2. IF THE COMMISSIONER HAS APPROVED THE APPOINTMENT OF THE SAME PERSON
TO SERVE AS THE COUNTY HEALTH DIRECTOR, COUNTY COMMISSIONER OF HEALTH OR
PUBLIC  HEALTH  DIRECTOR  OF  MORE THAN ONE COUNTY OR PART-COUNTY HEALTH
DISTRICT PURSUANT TO SUBDIVISION ONE OF THIS SECTION,  THEN  DURING  THE
CONTINUATION  OF  SUCH  APPROVAL THE COMMISSIONER MAY ALSO AUTHORIZE THE
SAME MEMBERS TO BE APPOINTED TO THE BOARD OF HEALTH OF  EACH  RESPECTIVE
HEALTH DISTRICT, NOTWITHSTANDING THEIR RESIDENCY IN THE OTHER COUNTY.
  3. ANY BOARDS OF HEALTH OR OTHER BODIES AUTHORIZED PURSUANT TO SECTION
THREE  HUNDRED  FIFTY-SIX  OF  THIS  TITLE HAVING THE SAME MEMBERS SHALL
ANNUALLY SUBMIT SUCH INFORMATION AND REPORTS  REGARDING  THE  EFFECT  OF
SUCH EMPLOYMENT ON ADMINISTRATION OF THE RESPECTIVE HEALTH DISTRICTS AND
THE PROVISION OF PUBLIC HEALTH SERVICES AS THE COMMISSIONER MAY REQUIRE.
THE  COMMISSIONER SHALL USE SUCH INFORMATION IN DETERMINING WHETHER SUCH
COMMON MEMBERSHIP CONTINUES TO SERVE THE INTEREST OF PUBLIC HEALTH.
  4. The COUNTY HEALTH DIRECTOR, county health  commissioner  OR  PUBLIC
HEALTH  DIRECTOR  shall  possess  such  qualifications for office as are
prescribed in the sanitary code.
  [3.] 5. The COUNTY HEALTH  DIRECTOR,  county  health  commissioner  OR
PUBLIC HEALTH DIRECTOR shall serve for a term of six years and shall not
be  removed  during  the  term  for  which  he  OR  SHE  shall have been
appointed, except upon written charges after a hearing and upon notice.
  [4.] 6. The COUNTY HEALTH  DIRECTOR,  county  health  commissioner  OR
PUBLIC  HEALTH  DIRECTOR shall receive such compensation as may be fixed
by the board of supervisors OR, IF THE COMMISSIONER'S APPROVAL HAS  BEEN
OBTAINED  FOR  THE  EMPLOYMENT  OF  THE SAME PERSON AS THE COUNTY HEALTH
DIRECTOR, COUNTY HEALTH COMMISSIONER OR PUBLIC HEALTH DIRECTOR  PURSUANT
TO SUBDIVISION ONE OF THIS SECTION, BY THE BOARDS OF SUPERVISORS.
  S 2. The general municipal law is amended by adding a new article 17-A
to read as follows:
                               ARTICLE 17-A
            MUNICIPAL CONSOLIDATION OR DISSOLUTION PETITIONS
  SECTION 750. CITIZEN PETITIONS.
  S 750. CITIZEN PETITIONS. 1. INTENT. IT IS THE INTENTION OF THE LEGIS-
LATURE  BY  THE  ENACTMENT  OF  THIS  ARTICLE TO PROVIDE CITIZENS WITH A
SIMPLIFIED PROCESS FOR PETITIONING THEIR LOCAL GOVERNMENT  OFFICIALS  TO
RESTRUCTURE THEIR GOVERNMENTS WHILE MAINTAINING LOCAL CHOICE AND CONTROL
OVER THE FINAL DECISION TO CONSOLIDATE OR DISSOLVE.
  2. APPLICATION. THIS PETITION PROCESS SHALL APPLY TO ANY CONSOLIDATION
OR  DISSOLUTION  OF A COUNTY, CITY, TOWN, VILLAGE OR DISTRICT AS AUTHOR-
IZED BY LAW.
  3. ELIGIBLE SIGNATURES. TO  START  THE  CONSOLIDATION  OR  DISSOLUTION
PROCESS, A PETITION MUST HAVE SIGNATURES FROM RESIDENTS OF THE JURISDIC-

S. 265                              3

TION  TO  BE  CONSOLIDATED OR DISSOLVED WHO ARE QUALIFIED TO VOTE AT THE
TIME OF THE FILING OF THE PETITION WITH THE MUNICIPAL CLERK, EQUAL TO AT
LEAST TWENTY-FIVE PERCENT OF THE RESIDENT ELECTORS QUALIFIED TO VOTE  IN
THE LAST ELECTION.
  4.  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.
  5. FORM. THE PETITION SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
                                PETITION
  WE,  THE  UNDERSIGNED,  ELECTORS OF THE (INSERT TYPE OF MUNICIPALITY -
COUNTY, CITY, TOWN, VILLAGE OR DISTRICT)_______ 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 PROPOSITION 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 (COUNTY, CITY, TOWN, VILLAGE, OR
DISTRICT) OF (NAME OF COUNTY, CITY, TOWN, VILLAGE, OR DISTRICT). EACH OF
THE PERSONS THAT HAVE SIGNED THIS PETITION  SHEET  CONTAINING  (FILL  IN
NUMBER)  SIGNATURES,  HAVE SIGNED THEIR NAME IN MY PRESENCE ON THE DATES
INDICATED ABOVE AND IDENTIFIED THEMSELVES TO  BE  THE  SAME  PERSON  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 PERJU-
RY.
___________________      ________________________________________
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
COUNTY, CITY, TOWN, VILLAGE, OR DISTRICT, 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, SAID THAT THE FOREGOING STATEMENT MADE
AND SUBSCRIBED BY HIM, WAS TRUE.
___________________      ______________________________________
DATE                       NOTARY PUBLIC OR COMMISSIONER OF DEEDS
  6. LIBERAL CONSTRUCTION. IN MATTERS OF FORM,  THIS  SECTION  SHALL  BE
GIVEN A LIBERAL CONSTRUCTION, AND PRECISE COMPLIANCE IS NOT REQUIRED.

S. 265                              4

  S  3. Subdivision 2 of section 9-912 of the village law, paragraph (e)
as amended by chapter 230 of the laws of 1974, is  amended  to  read  as
follows:
  2.  The questions which may or shall be submitted as propositions upon
petition or motion of the board of trustees, as  hereinbefore  provided,
are:
  (a) Whether or not the area of the village should be diminished.
  (b) Whether or not the village should be reincorporated.
  (c) Whether or not the village should be consolidated with one or more
villages;  PROVIDED, HOWEVER, THAT A PETITION TO SUBMIT THIS QUESTION AS
A PROPOSITION SHALL BE SUBMITTED IN A FORM IN ACCORDANCE  WITH  SUBDIVI-
SIONS FIVE AND SIX OF SECTION SEVEN HUNDRED FIFTY OF THE GENERAL MUNICI-
PAL LAW.
  (d) Whether or not the name of the village should be changed.
  (e) Whether or not the month of the general village election should be
changed.
  S  4.  Subdivision 3 of section 9-912 of the village law is amended to
read as follows:
  3. The board of trustees of any village may, and upon  a  petition  of
the  electors of the village SUBMITTED IN ACCORDANCE WITH ARTICLE SEVEN-
TEEN-A OF THE GENERAL MUNICIPAL LAW shall, adopt a resolution submitting
a proposition for the dissolution of  the  village  in  accordance  with
article nineteen of this chapter.
  S  5.  The  village  law is amended by adding a new section 18-1807 to
read as follows:
  S 18-1807 PROPOSITION FOR CONSOLIDATION. THE BOARD OF TRUSTEES OF  TWO
OR  MORE  ADJOINING  VILLAGES  MAY, AND UPON PETITION OF THE ELECTORS OF
EACH VILLAGE SHALL, ADOPT A PLAN  FOR  CONSOLIDATION  AND  A  RESOLUTION
SUBMITTING  A  PROPOSITION  FOR  THE  CONSOLIDATION  OF  THE VILLAGES IN
ACCORDANCE WITH THE PERMISSIVE REFERENDUM ARTICLE.
  S 6. Subdivision 1 of section 19-1900 of the village law,  as  amended
by section 34 of part X of chapter 62 of the laws of 2003, is amended to
read as follows:
  1.  The  board  of trustees of any village may, and upon a petition of
the electors of the village shall, adopt a plan for  dissolution  and  a
resolution  submitting  a proposition for the dissolution of the village
in accordance with the permissive referendum  article,  except  that  in
determining  the  date  for  submission  of  the proposition pursuant to
section 9-912 of this chapter, the date of the public hearing under this
article shall be used and not the date that the question  is  presented.
[A  petition  to  dissolve  a  village shall be sufficient if signed and
acknowledged or proved by qualified electors of such village, in  number
equal  to  at  least  one-third of the total number of resident electors
residing in the village, qualified to vote at the last  general  village
or  special village election immediately preceding the submission of the
proposition in question, and who signed the petition  not  earlier  than
one hundred twenty days prior to filing thereof.]
  S  7. Subdivision 1 of section 79-d of the town law, as added by chap-
ter 690 of the laws of 1973, is amended to read as follows:
  1. The town boards of the several towns in the same  county  may,  AND
UPON  PETITION  OF  THE  ELECTORS OF EACH TOWN IN THE MANNER PROVIDED BY
ARTICLE SIX OF THIS CHAPTER SHALL,  submit  a  proposition  for  consol-
idation at a general or special election.
  S  8. Subdivision 4 of section 81 of the town law, as amended by chap-
ter 434 of the laws of 1984, is amended to read as follows:

S. 265                              5

  4. Such petition shall be subscribed and authenticated, in the  manner
provided  by  the  election  law  for  the  authentication of nominating
petitions, by electors of the town qualified to vote upon a  proposition
to  raise  and expend money, in number equal to at least five per centum
of  the  total  votes cast for governor in said town at the last general
election held for the election of state officers, but such number  shall
not  be less than one hundred in a town of the first class nor less than
twenty-five in a town of the second class.  IN THE CASE OF PETITION  FOR
TOWN  CONSOLIDATION  OR DISSOLUTION, SUCH PETITION SHALL BE SUBMITTED BY
ELECTORS IN ACCORDANCE WITH ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL
LAW. If such a petition be filed in the office of  the  town  clerk  not
less  than sixty days, nor more than seventy-five days, prior to a bien-
nial town election, the proposition shall be submitted at such  biennial
election.  If  a  petition  be  presented  at  any other time, a special
election shall be called to be held not less than sixty days,  nor  more
than seventy-five days after the filing of such petition.
  S  9.  Section  172  of the town law, as amended by chapter 911 of the
laws of 1971 and the first undesignated paragraph as amended by  chapter
37 of the laws of 2000, is amended to read as follows:
  S 172. Consolidation of fire districts.  Irrespective of the manner of
their  original  establishment,  whenever  two  or  more  fire districts
adjoin, the town board of the town in which such districts  are  located
or,  if said districts be situate in more than one town, the town boards
thereof acting jointly by a majority vote of the members  of  each  such
town boards, upon a written petition of [resident taxpayers owning taxa-
ble  real  property  aggregating at least one-half of the assessed valu-
ation of all the taxable real property  of  each  of  the  districts  so
adjoining owned by resident taxpayers thereof, as such valuations appear
upon  the  latest completed assessment roll of said town or towns] RESI-
DENTS OF EACH FIRE DISTRICT WHO ARE QUALIFIED TO VOTE AT  THE  TIME  THE
PETITION   IS  FILED  WITH  THE  MUNICIPAL  CLERK,  EQUAL  TO  AT  LEAST
TWENTY-FIVE PERCENT OF THE REGISTERED VOTERS RESIDING IN  EACH  DISTRICT
AT  THE  TIME OF THE LAST GENERAL ELECTION, or upon the written petition
of a majority of the members of the board of commissioners of each  fire
district  proposed  to  be included within the consolidated district may
consolidate such fire districts and establish the  same  into  one  fire
district  after  a  public  hearing  thereon. Such petition or petitions
shall be [signed, and acknowledged or proved in the  same  manner  as  a
deed  to  be  recorded,  or  authenticated in the manner provided by the
election law for the authentication of nominating petitions] IN  ACCORD-
ANCE  WITH ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL LAW, EXCEPT THAT
ON SUCH PETITION, THE NAME OF THE FIRE DISTRICT AND THE TOWN OR  VILLAGE
IN  WHICH  IT  IS LOCATED SHALL APPEAR.  Notice of such hearing shall be
given and such hearing held and the subject matters  thereof  determined
in  the  manner  provided  herein for hearings upon the establishment of
fire districts, except that the notice of hearing shall state in general
terms the purposes of the hearing  and  specify  each  of  the  existing
districts proposed to be included within the consolidated district.
  In  the event that at the time of consolidation, any district included
within the consolidated district shall  have  any  indebtedness,  either
bonded  or  temporary,  such district shall continue to exist in law for
the purpose of paying such indebtedness, and  there  shall  be  annually
assessed  and  levied  upon and collected from the taxable real property
within such original fire district, in the same manner and at  the  same
time  and  by  the  same officers as town taxes are assessed, levied and
collected, a sum sufficient to pay such indebtedness and interest there-

S. 265                              6

on as the same shall become  due.  All  the  real  property  within  the
consolidated  district  shall  be liable for the payment of indebtedness
incurred for the purposes of the district after such consolidation.  For
the  purposes  hereof, such consolidation shall be deemed effective upon
the adoption by the town board or town boards of the resolution  provid-
ing  therefor,  unless such resolution shall specify some other date for
such purpose, in which case such consolidation shall become effective on
the date so specified.
  S 10. Section 172-b of the town law, as amended by chapter 907 of  the
laws  of 1966 and the first undesignated paragraph as amended by chapter
37 of the laws of 2000, is amended to read as follows:
  S 172-b. Consolidation of fire protection districts.  Irrespective  of
the  manner  of  their original establishment, whenever two or more fire
protection districts adjoin, the town board of the town  in  which  such
districts  are located or, if said districts be situate in more than one
town, the town boards thereof acting jointly by a majority vote  of  the
members of each such town boards, upon its or their own motion and with-
out  a petition or upon a written petition of [resident taxpayers owning
taxable real property aggregating at  least  one-half  of  the  assessed
valuation  of  all the taxable real property of each of the districts so
adjoining owned by resident taxpayers thereof, as such valuations appear
upon the latest completed assessment-roll of said town or  towns]  RESI-
DENTS  OF  EACH  FIRE DISTRICT WHO ARE QUALIFIED TO VOTE AT THE TIME THE
PETITION  IS  FILED  WITH  THE  MUNICIPAL  CLERK,  EQUAL  TO  AT   LEAST
TWENTY-FIVE  PERCENT  OF THE REGISTERED VOTERS RESIDING IN EACH DISTRICT
AT THE TIME OF THE LAST GENERAL  ELECTION,  may  consolidate  such  fire
protection  districts  and  establish  the same into one fire protection
district after a public hearing  thereon.  Such  petition  or  petitions
shall  be  [signed,  and  acknowledged or proved in the same manner as a
deed to be recorded, or authenticated in  the  manner  provided  by  the
election  law for the authentication of nominating petitions] IN ACCORD-
ANCE WITH ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL LAW, EXCEPT  THAT
ON  SUCH PETITION, THE NAME OF THE FIRE PROTECTION DISTRICT AND THE TOWN
OR VILLAGE IN WHICH IT IS LOCATED SHALL APPEAR. Notice of  such  hearing
shall  be  given  and  such hearing held and the subject matters thereof
determined in the manner provided herein for hearings  upon  the  estab-
lishment of fire protection districts, except that the notice of hearing
shall  state  in  general  terms the purposes of the hearing and specify
each of the existing  districts  proposed  to  be  included  within  the
consolidated  district. Any resolution of consolidation made upon motion
of the town board or town boards without a petition shall be subject  to
a permissive referendum as provided in article seven of this chapter.
  For  the  purposes  hereof, such consolidation pursuant to petition of
resident taxpayers shall be deemed effective upon the  adoption  by  the
town  board  or town boards of the resolution providing therefor, unless
such resolution shall specify some other date for such purpose, in which
case such consolidation shall become effective on the date so specified,
and such consolidation upon motion of the  town  board  or  town  boards
without  a  petition shall become effective as provided in section nine-
ty-one of this chapter. Unless renegotiated any  existing  contract  for
the  supplying  of  fire  protection  to any fire protection district so
consolidated shall be carried out in the same manner as if such  consol-
idation had not taken place.
  Where  more  than  one fire protection district is situated in a town,
the town board after a public hearing thereon of which notice  shall  be
given  as hereinbefore provided, may make a contract for fire protection

S. 265                              7

covering all or any of such districts in which event  the  cost  of  the
contract  shall  be  spread pro rata upon all the property in all of the
districts affected by such contract.
  S 11. This act shall take effect immediately.

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