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