senate Bill S8251

2009-2010 Legislative Session

Relates to consolidation and dissolution of local government entities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2010 referred to rules

S8251 - Bill Details

Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd Gen Muni L, generally

S8251 - Bill Texts

view summary

Relates to consolidation and dissolution of local government entities; makes technical corrections.

view sponsor memo
BILL NUMBER:S8251

TITLE OF BILL:
An act
to amend the general municipal law, in relation to the consolidation and
dissolution of local government

PURPOSE:
Landmark legislation to simplify and standardize New York's rules and
procedures for consolidation or dissolution of local government
entities was signed into law as Chapter 74 of the laws of 2009.
Chapter 74 replaced a myriad of differing rules for consolidation and
dissolution with a more uniform set of procedures to implement
government or citizen sponsored reorganization efforts.

This legislation makes technical amendments and other changes to
Chapter 74 to clarify some procedural questions, provide voters more
information, and reduce costs associated with the consolidation and
dissolution process. The goal of these changes is to make the review
and implementation of reorganizations plans under Chapter 74 function
with more clarity and efficiency.

SUMMARY OF PROVISIONS:
* Date is specified by which number of voters is counted to calculate
percentage of signature requirement for petitions under Chapter 74.

* Establishes that election dates for proposed consolidation or
dissolution referenda shall be on the November regular election date
or the regular village election date; petition submission deadlines
would correspond to submission deadlines for those elections;
provides for a longer period of time to obtain signatures for
consolidation or dissolution petitions, sixty days, rather than the
thirty-seven days provided for candidate petitions.

* Provides that an outline of a tentative plan or prospectus of a
elector initiated consolidation or dissolution proposal be submitted
at the time of filing petitions to provide voters more information
regarding the referendum.

* Changes the time allowed for research and drafting of the
implementation plan for a consolidation or dissolution after voter
approval from 6 months to 15 months.

* Provides parity in petitioning rules between initial consolidation
or dissolution referenda and second vote process. (signature
requirement - 10%, days to obtain signatures - 60 days)

* Consolidation or dissolution process initiated by local government
shall not be interrupted by petition-initiated proposals except in
cases where the government initiated proposal's planning process is

longer than 15 months. In those cases petition initiated proposals
are not barred.

EXISTING LAW AND BACKGROUND:

Date is specified by which number of voters is
counted to calculate
percentage of signature requirement for petitions
under Chapter 74
For purposes of this calculation the date of the last November
election shall be used.

Dates for proposed consolidation or dissolution
referenda; petition
submission deadlines
This legislation establishes two dates when consolidation and
dissolution referenda could take place each year, the regular
November general election date or the regular village election date.
The legislation also standardizes the petition circulation period for
elector initiated to correspond to the deadline for submitting
petitions for November and village elections but provides for a 60day
window to circulate petitions rather than the 37-day window provided
for November election signature gathering.

Chapter 74 allows elector initiated votes to take place at any time of
the year which would provide added cost to taxpayers for holding
special elections. Turnout for special elections is uniformly lower
than regular elections so that the change included in this
legislation will allow for greater voter participation in
consolidation and dissolution votes. In addition, by targeting
consolidation and dissolution votes statewide on two election dates
it will bring more public attention to reorganization initiatives.
The concern had also been expressed that under Chapter 74 votes could
be planned for dates, such as the summer, where voter turnout would
be very low resulting in outcomes not reflective of significant
citizen input.

Outline of tentative plan or prospectus for consolidation or
dissolution proposals
This legislation provides for a tentative plan or prospectus outline
for elector initiated consolidation and dissolution votes. Chapter 74
does not require a plan be presented for when an initial elector
initiated consolidation and dissolution vote is taken. While a full
plan would be a barrier to placing initiatives on the ballot this
legislation requires a brief outline of what the sponsors expect the
framework of the reorganization to be. This information would enhance
the public dialogue before a referendum and provide voters with more
detail to base their decision.
The full details of the reorganization would still be developed after
voter approval in the process outlined in Chapter 74.

Length of time for implementation plan

This legislation expands the
window for development of the consolidation or dissolution plan from
six months to fifteen months. NYCOM reports that municipally
sponsored plans generally take at least a year to research, determine
contractual and other obligations that require transition and draft.
A year and quarter window allows for a reasonable period of time to
address complex transition issues but does not preclude earlier
implementation where feasible.

Parity in petitioning rules
To provide supporters and opponents of a
citizen-sponsored reorganization equal standing in the process this
legislation makes the rules for petitioning the same for first and
second vote efforts, sixty days to obtain signatures, 10% of the
registered voters to trigger a referendum. Chapter 74 omitted any
calendar for obtaining signatures for the first vote and signatures
of 10% of the voters and provided 45 days to collect signatures of
25% of the Voters for a second vote.

Consolidation or dissolution process initiated
by local government
shall not be interrupted by petition-initiated proposals
This legislation clarifies that a reorganization initiated by local
government entities would be completed before new petition-initiated
reorganization could be commenced. To have multiple reorganizations
proceeding Simultaneously Would be expensive for taxpayers and
confusing for voters. An exception to this provision is included in
this legislation to provide that where consolidation or dissolution
initiated by a local government entity includes a post referendum
planning process that is to take more the a year and a quarter, voter
initiated petition proposals would not be barred.

JUSTIFICATION:
Chapter 74 provided a much needed consolidation and reform of New
York's rules for
consolidation and dissolution of local government entities. This
legislation provides clarity, consistency, and more information to
the voters in ways that will allow the law to function more
effectively.

FISCAL IMPLICATIONS:
None to New York State. Savings anticipated for local governments by
holding referenda votes
on regular election days and by clarifying provisions of the law.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law; provided , however, that any signatures made on petitions
for consolidation or dissolution which are initiated prior to such
effective date and which are otherwise valid shall be counted.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8251

                            I N  S E N A T E

                              June 17, 2010
                               ___________

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

AN ACT to amend the general municipal law, in relation  to  the  consol-
  idation and dissolution of local government

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

  Section 1. Subdivisions 1 and 2 of section 757 of the general  munici-
pal  law,  as added by chapter 74 of the laws of 2009, are amended and a
new subdivision 2-a is added to read as follows:
  1. The electors of two or more local government entities may  commence
a  consolidation  proceeding  by filing an original petition, containing
not less than the number of signatures provided for in  subdivision  two
of  this  section  and  in the form provided for in subdivision three of
this section, with the clerk of the town in which the  entities  or  the
greater  portion  of  their territory are located, except that if one or
more of the entities to be consolidated is a village the original  peti-
tion  of  electors from the village shall be filed with the clerk of the
village. Accompanying the filed petition shall be a cover sheet contain-
ing the name, address and telephone number of an individual  who  signed
the petition and who will serve as a contact person.  A PETITION MAY NOT
BE  SUBMITTED  PURSUANT  TO  THIS SECTION IF A RESOLUTION INITIATING THE
PROCESS FOR CONSOLIDATION OF TWO OR MORE GOVERNMENT  ENTITIES  HAS  BEEN
ADOPTED  PURSUANT  TO SECTIONS SEVEN HUNDRED FIFTY-ONE AND SEVEN HUNDRED
FIFTY-TWO OF THIS TITLE UNTIL SUCH PROCESS HAS  BEEN  COMPLETED;  EXCEPT
THAT SUCH PETITIONS SHALL NOT BE BARRED IN CASES WHERE THE POST REFEREN-
DUM  PLANNING  PROCESS  FOR  A LOCAL GOVERNMENT ENTITY INITIATED CONSOL-
IDATION IS TO TAKE MORE THAN FOUR HUNDRED FIFTY DAYS.
  2. The petition shall contain the signatures of at least  ten  percent
of  the  number of electors, AS OF THE DATE OF THE LAST NOVEMBER GENERAL
ELECTION or five thousand electors, whichever is  less,  in  each  local
government  entity to be consolidated; provided, however, that where the
local government entity to be  consolidated  contains  five  hundred  or
fewer  electors,  the  petition shall contain the signatures of at least

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17215-02-0

S. 8251                             2

twenty percent of the number of electors. No signature on a petition  is
valid unless it is the original signature of an elector.
  2-A.  PETITIONS  INITIATED  PURSUANT TO THIS SECTION SHALL BE FILED ON
THE SAME DATE AND IN THE  SAME  MANNER  AS  NOMINATING  AND  DESIGNATING
PETITIONS  ARE  FILED  PURSUANT  TO SECTION 6-158 OF THE ELECTION LAW. A
SIGNATURE MADE EARLIER THAN SIXTY DAYS PRIOR TO THE  LAST  DAY  TO  FILE
SUCH PETITIONS SHALL NOT BE COUNTED.
  S  2.  The  general  municipal  law is amended by adding a new section
757-a to read as follows:
  S 757-A. TENTATIVE PLAN OR PROSPECTUS. 1. THE CONTACT  PERSON  IDENTI-
FIED  ON THE COVER SHEET OF THE ORIGINAL PETITION SHALL FILE A TENTATIVE
PLAN OR PROSPECTUS OF THE PROPOSED CONSOLIDATION WITH THE FILING OF  THE
PETITION.  THE  TENTATIVE  PLAN OR PROSPECTUS WILL INCLUDE AN OUTLINE OF
THE PROPOSED CONSOLIDATION AS CONTEMPLATED BY INDIVIDUALS PROPOSING SUCH
CONSOLIDATION.
  2. SUCH TENTATIVE PLAN OR PROSPECTUS CAN BE MODIFIED DURING THE  PLAN-
ING  PROCESS THAT WOULD OCCUR UPON PASSAGE OF THE REFERENDUM. THE TENTA-
TIVE PLAN OR PROSPECTUS SHALL BE MADE AVAILABLE TO THE PUBLIC WITH OTHER
NOTICE INFORMATION AS PROVIDED IN SECTION  SEVEN  HUNDRED  SIXTY-ONE  OF
THIS  TITLE.  THE  TENTATIVE PLAN OR PROSPECTUS SHALL INCLUDE STATEMENTS
THAT OUTLINE THE STRUCTURE OF THE CONSOLIDATION ON THE FOLLOWING ISSUES:
  (A) THE NAME OF EACH LOCAL GOVERNMENT ENTITY TO BE CONSOLIDATED;
  (B) THE NAME OF THE PROPOSED  CONSOLIDATED  LOCAL  GOVERNMENT  ENTITY,
WHICH NAME SHALL BE SUCH AS TO DISTINGUISH IT FROM THE NAME OF ANY OTHER
LIKE  UNIT  OF  GOVERNMENT IN THE STATE OF NEW YORK  (EXCEPT THE NAME OF
ANY ONE OF THE ENTITIES TO BE CONSOLIDATED);
  (C) THE RIGHTS, DUTIES AND OBLIGATIONS OF  THE  PROPOSED  CONSOLIDATED
LOCAL GOVERNMENT ENTITY;
  (D)  THE  TERRITORIAL  BOUNDARIES  OF  THE PROPOSED CONSOLIDATED LOCAL
GOVERNMENT ENTITY;
  (E) THE GOVERNMENTAL ORGANIZATION OF THE PROPOSED  CONSOLIDATED  LOCAL
GOVERNMENT ENTITY INSOFAR AS IT CONCERNS ELECTED AND APPOINTED OFFICIALS
AND  PUBLIC  EMPLOYEES,  ALONG WITH A TRANSITIONAL PLAN AND SCHEDULE FOR
ELECTIONS AND APPOINTMENTS OF OFFICIALS;
  (F) A FISCAL ESTIMATE OF THE COST OF AND SAVINGS WHICH MAY BE REALIZED
FROM CONSOLIDATION INCLUDING BUT NOT LIMITED TO  EFFICIENCIES,  RESTRUC-
TURING,  OR DISCONTINUING SERVICES AND PROJECTED CHANGES IN AID FROM THE
STATE;
  (G) THE CONTEMPLATED DISPOSITION OF EACH ENTITY'S ASSETS;
  (H) THE CONTEMPLATED DISPOSITION  OF  EACH  ENTITY'S  LIABILITIES  AND
INDEBTEDNESS, BONDED AND OTHERWISE; AND
  (I)  CONTEMPLATED  TRANSITION  OR  DISCONTINUANCE OF LOCAL LAWS, ORDI-
NANCES, RESOLUTIONS, ORDERS AND THE LIKE, WITHIN  THE  PROPOSED  CONSOL-
IDATED LOCAL GOVERNMENT ENTITY.
  S  3. Section 758 of the general municipal law, as added by chapter 74
of the laws of 2009, is amended to read as follows:
  S 758. Conduct of referendum. 1. A referendum required  by  [sections]
SECTION  seven  hundred  fifty-five or seven hundred fifty-seven of this
title shall be placed before the electors of each of the  local  govern-
ment  entities  to be consolidated at [a special election to be held not
less than sixty or more than ninety days after the enactment of a resol-
ution 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.

S. 8251                             3

  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.]  EITHER  THE  GENERAL ELECTION IN NOVEMBER OR AT A VILLAGE GENERAL
ELECTION.
  2. 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;
  (d)  with  respect  to  a  resolution  calling  for a referendum under
section seven hundred fifty-five of this title only,  the  name  of  the
proposed consolidated local government 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.] 3. The referendum question 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.] 4. In any referendum held pursuant  to  this  title,  each  local
government  entity to be consolidated shall bear only the costs of hold-
ing such referendum in its respective entity and shall not  be  required
to bear the costs of a referendum held in any other entity.
  [6.]  5.  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 1 of section 760 of the  general  municipal  law,  as
added by chapter 74 of the laws of 2009, is amended to read as follows:
  1.  In  the case of a proposed consolidation of local government enti-
ties properly initiated by petition  of  electors  pursuant  to  section
seven  hundred  fifty-seven of this title, if a majority of the electors
voting in a referendum held in each of the local government entities  to
be  consolidated vote in favor of consolidation, the entities' governing
body or bodies shall meet within thirty days after certification of  the
favorable  vote and, within [one hundred eighty] FOUR HUNDRED FIFTY days
of such meeting, prepare and approve by resolution  a  proposed  elector
initiated consolidation plan.
  S  5.  Subdivisions 1, 2 and 3 of section 763 of the general municipal
law, as added by chapter 74 of the laws of 2009, are amended to read  as
follows:

S. 8251                             4

  1.  Local  government  entities  consolidated  pursuant  to an elector
initiated  [consolidated]  CONSOLIDATION  plan  shall  continue  to   be
governed as before consolidation until the effective date of the consol-
idation  specified  in  such  plan,  which  date  shall  be no less than
[forty-five]  SIXTY  days  after final approval of such plan pursuant to
subdivision three of section seven hundred sixty-two or subdivision four
of section seven hundred sixty-four of this title.
  2. Notwithstanding subdivision one of this section, the elector initi-
ated consolidation plan shall not take effect if, no later than  [forty-
five]  SIXTY  days  after final approval thereof pursuant to subdivision
three of section seven hundred sixty-two or subdivision four of  section
seven  hundred  sixty-four of this title, electors of a local government
entity to be consolidated pursuant to such plan shall:
  (a) file an original petition, containing not less than the number  of
signatures  provided for in subdivision three of this section, seeking a
referendum on the question whether the elector  initiated  consolidation
plan  shall  take effect, with the clerk of the town in which the entity
or the greater portion of its territory is located, except that  if  the
entity  is  a village the original petition of electors from the village
shall be filed with the clerk of the village; and
  (b) thereafter less than a majority of the electors in the entity vote
in the affirmative on such question at a referendum.
  3. The petition shall  be  circulated,  signed  and  authenticated  in
substantial  compliance  with  the  provisions  of section seven hundred
fifty-seven of this title, shall contain  the  signatures  of  at  least
[twenty-five]  TEN percent of the number of electors or fifteen thousand
electors, whichever is less,  in  the  local  government  entity  to  be
consolidated,  and  shall be accompanied by a cover sheet containing the
name, address and telephone number of an individual who signed the peti-
tion and who will serve as a contact person.
  S 6. Subdivisions 1 and 2 of section 779 of the general municipal law,
as added by chapter 74 of the laws of 2009 are amended and a new  subdi-
vision 2-a is added to read as follows:
  1.  The  electors  of a local government entity may commence a dissol-
ution proceeding by filing an original  petition,  containing  not  less
than  the  number  of signatures provided for in subdivision two of this
section and in the form  provided  for  in  subdivision  three  of  this
section,  with  the clerk of the town in which the entity or the greater
portion of its territory is located, except that  if  the  entity  is  a
village  the  original  petition  of  electors from the village shall be
filed with the clerk of the village.  Accompanying  the  filed  petition
shall be a cover sheet containing the name, address and telephone number
of an individual who signed the petition and who will serve as a contact
person.  A  PETITION  MAY NOT BE SUBMITTED PURSUANT TO THIS SECTION IF A
RESOLUTION INITIATING THE DISSOLUTION PROCESS HAS BEEN ADOPTED  PURSUANT
TO  SECTION  SEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE UNTIL SUCH PROCESS
HAS BEEN COMPLETED; EXCEPT THAT SUCH PETITIONS SHALL NOT  BE  BARRED  IN
CASES  WHERE THE POST REFERENDUM PLANNING PROCESS FOR A LOCAL GOVERNMENT
ENTITY INITIATED DISSOLUTION IS TO TAKE MORE  THAN  FOUR  HUNDRED  FIFTY
DAYS.
  2.  The  petition shall contain the signatures of at least ten percent
of the number of electors, AS OF THE DATE OF THE LAST  NOVEMBER  GENERAL
ELECTION  or  five  thousand  electors,  whichever is less, in the local
government entity to be dissolved; provided,  however,  that  where  the
local  government  entity to be dissolved contains five hundred or fewer
electors, the petition shall contain the signatures of at  least  twenty

S. 8251                             5

percent  of  the number of electors. No signature on a petition is valid
unless it is an original signature of an elector.
  2-A.  PETITIONS  INITIATED  PURSUANT TO THIS SECTION SHALL BE FILED ON
THE SAME DATE AND IN THE  SAME  MANNER  AS  NOMINATING  AND  DESIGNATING
PETITIONS  ARE  FILED  PURSUANT  TO SECTION 6-158 OF THE ELECTION LAW. A
SIGNATURE MADE EARLIER THAN SIXTY DAYS PRIOR TO THE  LAST  DAY  TO  FILE
SUCH PETITIONS SHALL NOT BE COUNTED.
  S  7.  The  general  municipal  law is amended by adding a new section
779-a to read as follows:
  S 779-A. TENTATIVE PLAN OR PROSPECTUS. 1. THE CONTACT  PERSON  IDENTI-
FIED  ON THE COVER SHEET OF THE ORIGINAL PETITION SHALL FILE A TENTATIVE
PLAN OR PROSPECTUS OF THE PROPOSED DISSOLUTION WITH THE  FILING  OF  THE
PETITION.    THE TENTATIVE PLAN OR PROSPECTUS WILL INCLUDE AN OUTLINE OF
THE PROPOSED DISSOLUTION AS CONTEMPLATED BY INDIVIDUALS  PROPOSING  SUCH
DISSOLUTION.
  2.  SUCH TENTATIVE PLAN OR PROSPECTUS CAN BE MODIFIED DURING THE PLAN-
NING PROCESS THAT WOULD OCCUR UPON PASSAGE OF THE REFERENDUM. THE TENTA-
TIVE PLAN OR PROSPECTUS SHALL BE MADE AVAILABLE TO THE PUBLIC WITH OTHER
NOTICE INFORMATION AS PROVIDED IN SECTION SEVEN HUNDRED EIGHTY-THREE  OF
THIS  TITLE.  THE  TENTATIVE PLAN OR PROSPECTUS SHALL INCLUDE STATEMENTS
THAT OUTLINE THE STRUCTURE OF THE DISSOLUTION ON THE FOLLOWING ISSUES:
  (A) THE NAME OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
  (B) THE TERRITORIAL BOUNDARIES OF THE ENTITY;
  (C) THE TYPE AND/OR CLASS OF THE ENTITY;
  (D) A FISCAL ESTIMATE OF THE COST OF  DISSOLUTION  INCLUDING  BUT  NOT
LIMITED  TO  EFFICIENCIES,  RESTRUCTURING, OR DISCONTINUING SERVICES AND
PROJECTED CHANGES IN AID FROM THE STATE;
  (E) ANY PLAN FOR THE TRANSFER OR ELIMINATION OF PUBLIC EMPLOYEES;
  (F) CONTEMPLATED DISPOSITION OF THE ENTITY'S ASSETS;
  (G) CONTEMPLATED DISPOSITION OF THE ENTITY'S LIABILITIES  AND  INDEBT-
EDNESS, BONDED AND OTHERWISE;
  (H)  ANY  AGREEMENTS  ENTERED INTO WITH THE TOWN OR TOWNS IN WHICH THE
ENTITY IS SITUATED IN ORDER TO CARRY OUT THE DISSOLUTION;
  (I) THE MANNER AND MEANS BY WHICH THE RESIDENTS  OF  THE  ENTITY  WILL
CONTINUE  TO  BE  FURNISHED  MUNICIPAL  SERVICES  FOLLOWING THE ENTITY'S
DISSOLUTION;
  (J) FINDINGS AS TO WHETHER ANY LOCAL LAWS, ORDINANCES, RULES OR  REGU-
LATIONS OF THE ENTITY SHALL REMAIN IN EFFECT AFTER THE EFFECTIVE DATE OF
THE DISSOLUTION; AND
  (K)  ANY  OTHER MATTER DESIRABLE OR NECESSARY TO CARRY OUT THE DISSOL-
UTION.
  S 8. Section 780 of the general municipal law, as added by chapter  74
of the laws of 2009, is amended to read as follows:
  S  780.  Conduct  of referendum. 1. A referendum on a proposed dissol-
ution required by sections seven hundred seventy-seven or seven  hundred
seventy-nine  of  this  title shall be placed before the electors in the
local government entity to be dissolved at [a  special  election  to  be
held not less than sixty or more than ninety days after the enactment of
a  resolution  calling  for  the  referendum, provided, however, that in
cases where a town or village general election falls within such period,
the referendum question may be  considered  during  a  town  or  village
general  election]  EITHER  THE  GENERAL  ELECTION  IN  NOVEMBER OR AT A
VILLAGE GENERAL ELECTION.
  2. Notice of the referendum shall be given  to  the  electors  of  the
local  government  entity  to be dissolved by publication in a newspaper
having a general circulation within the  boundaries  of  the  entity  at

S. 8251                             6

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 dissolution plan
or petition for dissolution, as the case may be;
  (b) a statement as to where may be examined copies of  the  resolution
and dissolution plan or petition for dissolution, as the case may be;
  (c)  the  name  of  the  local government entity to be dissolved and a
statement fully describing its territory;
  (d) the time and place or places at which the referendum will be held;
and
  (e) 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.
  3.  The  referendum  question  placed before the electors of the local
government entity to be dissolved shall be in a  form  reading  substan-
tially as follows:
  "Shall (insert type and name of local government entity) be dissolved?
  YES ____
  NO ____"
  4. In any referendum held pursuant to this title, the local government
entity  to be dissolved shall bear the costs associated with the conduct
of such referendum.
  5. In any referendum held pursuant to this title, and except as other-
wise specified herein, the referendum shall be  conducted  in  the  same
manner as other municipal elections or referendums for the local govern-
ment entity affected by the proposed dissolution.
  S  9.  Subdivision  1  of section 782 of the general municipal law, as
added by chapter 74 of the laws of 2009, is amended to read as follows:
  1.  In the case of a proposed dissolution of a local government entity
properly initiated by petition of electors  pursuant  to  section  seven
hundred seventy-nine of this title, if a majority of the electors voting
at  a  referendum  vote  in favor of dissolution, the entity's governing
body shall meet within thirty days after certification of the  favorable
vote  and,  within  [one hundred eighty] FOUR HUNDRED FIFTY days of such
meeting, prepare and approve a proposed  elector  initiated  dissolution
plan.
  S  10. Subdivisions 1, 2 and 3 of section 785 of the general municipal
law, as added by chapter 74 of the laws of 2009, are amended to read  as
follows:
  1.  A  local government entity dissolved pursuant to an elector initi-
ated dissolution plan shall continue to be governed  as  before  dissol-
ution until the effective date of the dissolution specified in the elec-
tor  initiated  dissolution  plan,  which  date  shall  be  no less than
[forty-five] SIXTY days after final approval of such  plan  pursuant  to
subdivision  three  of  section seven hundred eighty-four or subdivision
three of section seven hundred eighty-six of this title.
  2. Notwithstanding subdivision one of this section, the elector initi-
ated dissolution plan shall not take effect if, no  later  than  [forty-
five]  SIXTY days after final approval of such plan pursuant to subdivi-
sion three of section seven hundred eighty-four or subdivision three  of
section  seven  hundred  eighty-six of this title, electors of the local
government entity to be dissolved shall:
  (a) file an original petition, containing not less than the number  of
signatures  provided for in subdivision three of this section, seeking a
referendum on the question whether  the  elector  initiated  dissolution
plan  shall  take effect, with the clerk of the town in which the entity

S. 8251                             7

or the greater portion of its territory is located, except that  if  the
entity  is  a village the original petition of electors from the village
shall be filed with the clerk of the village; and
  (b) thereafter less than a majority of the electors vote in the affir-
mative on such question at a referendum.
  3.  The  petition  shall  be  circulated,  signed and authenticated in
substantial compliance with the  provisions  of  section  seven  hundred
seventy-nine  of  this  title,  shall contain the signatures of at least
[twenty-five] TEN percent of the number of electors or fifteen  thousand
electors,  whichever  is  less,  in  the  local  government entity to be
dissolved, and shall be accompanied by  a  cover  sheet  containing  the
name, address and telephone number of an individual who signed the peti-
tion and who will serve as a contact person.
  S  11.  This act shall take effect on the thirtieth day after it shall
have become a  law;  provided,  however  that  any  signatures  made  on
petitions  for consolidation or dissolution which are initiated prior to
such effective date and which are otherwise valid shall be counted.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.