A. 1274--B 2
(e) the type and/or class of the proposed consolidated local govern-
ment entity;
(f) 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;
(g) a fiscal estimate of the cost of and savings which may be realized
from consolidation[;],INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
(I) INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE;
(II) DISCONTINUING AND/OR RESTRUCTURING THE PROVISION OF PARTICULAR
SERVICES, AND THE EXTENT TO WHICH DISCONTINUING AND/OR RESTRUCTURING
SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH CONSOLIDATION;
(III) THE ELIMINATION OF ELECTED OFFICES;
(IV) INCREASED AID FROM THE STATE TO THE RESULTING LOCAL GOVERNMENT
ENTITY; AND
(V) THE EXTENT TO WHICH SERVICES WILL NO LONGER BE PROVIDED THROUGH
THE USE OF VOLUNTEERS;
(H) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
LOCATED IN THE LOCAL GOVERNMENT ENTITIES TO BE CONSOLIDATED;
(I) WHETHER THE CONSOLIDATION WILL RESULT IN A NET INCREASE OR
DECREASE IN THE STATE'S LOCAL GOVERNMENT ENTITIES AS THAT TERM IS
DEFINED IN THIS ARTICLE;
[(h)] (J) each entity's assets, including, but not limited to, real
and personal property, and the fair value thereof in current money of
the United States;
[(i)] (K) each entity's liabilities and indebtedness, bonded and
otherwise, and the fair value thereof in current money of the United
States;
[(j)] (L) terms for the disposition of existing assets, liabilities
and indebtedness of each local government entity, either jointly, sepa-
rately or in certain defined proportions;
[(k)] (M) terms for the common administration and uniform enforcement
of local laws, ordinances, resolutions, orders and the like, within the
proposed consolidated local government entity, consistent with section
seven hundred sixty-nine of this title;
[(l)] (N) the effective date of the proposed consolidation; and
[(m)] (O) the time and place or places for the public hearing or hear-
ings on such proposed joint consolidation agreement pursuant to section
seven hundred fifty-four of this title.
S 2. Section 755 of the general municipal law, as added by chapter 74
of the laws of 2009, is amended to read as follows:
S 755. Referendum resolution for consolidation [of towns or villages].
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 contemporaneous] CONTEMPORANEOUS with the final approval
of the joint consolidation agreement 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 consolidation by the
electors in each of the entities.
2. The resolution calling for the referendum on the proposed consol-
idation shall:
(a) provide (i) the name of each [of the towns and/or villages] LOCAL
GOVERNMENT ENTITY 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
A. 1274--B 3
local government entity, and (iv) the date for the referendum, 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 elec-
tors; 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 canvass of the returns thereupon.
3. The resolution calling for a referendum on the proposed consol-
idation shall have attached to it the final approved version of the
joint consolidation agreement.
4. IF THE REFERENDUM SHALL FAIL, THE CONSOLIDATION PROCESS SPECIFIED
BY THIS TITLE SHALL NOT BE INITIATED FOR THE LOCAL GOVERNMENT ENTITIES
BY ELECTORATE PETITION PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SEVEN OF
THIS TITLE WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM. THIS MORA-
TORIUM SHALL NOT APPLY TO A PROPOSED CONSOLIDATION INVOLVING A DIFFERENT
COMBINATION OF LOCAL GOVERNMENT ENTITIES.
S 3. Section 757 of the general municipal law, as added by chapter 74
of the laws of 2009, is amended to read as follows:
S 757. Initiative of electors seeking consolidation. 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 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.
2. The petition shall contain [the] signatures [of] EQUAL TO at least
[ten] TWENTY-FIVE percent of the number of electors AT THE LAST GENERAL
ELECTION OF THE LOCAL GOVERNMENT ENTITY 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 consol-
idated contains five hundred or fewer electors, the petition shall
contain the signatures of at least twenty percent of the number of elec-
tors]. No signature on a petition is valid unless it is the original
signature of an elector. FOR A SIGNATURE TO BE VALID, IT MUST BE SIGNED
WITHIN ONE HUNDRED TWENTY DAYS OF THE PETITION BEING FILED WITH THE
CLERK.
3. The petition shall substantially comply with, and be circulated in,
the following form:
PETITION FOR LOCAL GOVERNMENT CONSOLIDATION
We, the undersigned electors and legal voters of (insert type of local
government entity - e.g., town, village or district) of (insert name of
local government entity), New York, qualified to vote at the next gener-
al or special election, respectfully petition that there be submitted to
the electors and legal voters of (insert type and name of local govern-
ment entities proposed to be consolidated), for their approval or
rejection at a referendum held for that purpose, a proposal to consol-
idate (insert type and name of local government entity) with (insert
type and name of local government entity or entities) PURSUANT TO A
CONSOLIDATION PLAN DEVELOPED AND PRESENTED TO THE PUBLIC PRIOR TO THE
REFERENDUM.
A. 1274--B 4
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 of the petition, after all of the numbered
signatures, insert a signed statement of a witness who is a duly quali-
fied elector of the state of New York. Such a statement shall be
accepted for all purposes as the equivalent of an affidavit, and if it
contains a material false statement, shall subject the person signing it
to the same penalties as if he or she has been duly sworn. The form of
such statement shall be substantially as follows:
I, (insert name of witness), state that I am a duly qualified voter of
the state of New York. Each of the persons that have signed this peti-
tion sheet containing (insert number) signatures have signed their names
in my presence on the dates indicated above and identified themselves to
be the same person who signed the sheet. I understand that this state-
ment will be accepted for all purposes as the equivalent of an affida-
vit, 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 of New York, the following statement signed by a
notary public or a commissioner of deeds shall be accepted:
On the date indicated above before me personally came each of the
electors and legal voters whose signatures appear on this petition sheet
containing (insert number) signatures, who signed the petition in my
presence and who, being by me duly sworn, each for himself or herself,
identified himself or herself as the one and same person who signed the
petition and that the foregoing information they provided was true.
_________________ _________________________________
Date Notary Public or Commissioner of Deeds)
4. An alteration or correction of information appearing on a
petition's signature line, other than an un-initialed signature and
date, shall not invalidate such signature.
5. In matters of form, this section shall be liberally construed, not
inconsistent with substantial compliance thereto and the prevention of
fraud.
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] LAW and rules.
[7. Upon the clerk's determination that the petition contains not less
than the number of signatures of electors required in subdivision two of
this section, the governing body or bodies of the local government enti-
ties to be consolidated shall, no later than thirty days thereafter,
enact a resolution in accordance with subdivision two of section seven
hundred fifty-five of this title calling for a referendum on the
A. 1274--B 5
proposed consolidation by the electors in each of the entities and set a
date for such referendum.]
S 4. Sections 758 and 759 of the general municipal law are REPEALED.
S 5. Section 760 of the general municipal law, as added by chapter 74
of the laws of 2009, is amended to read as follows:
S 760. [Duty to approve proposed elector initiated] STUDY COMMISSION
AND DEVELOPMENT OF PROPOSED consolidation plan. 1. [In the case of a
proposed consolidation of local government entities 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] UPON THE CLERK OF EACH LOCAL GOVERNMENT ENTITY DETER-
MINING THAT THE PETITION CONTAINS NOT LESS THAN THE NUMBER OF SIGNATURES
OF ELECTORS REQUIRED IN SUBDIVISION TWO OF SECTION SEVEN HUNDRED FIFTY-
SEVEN OF THIS TITLE, the entities' governing body or bodies [shall] MUST
meet within thirty days after certification of the [favorable vote and,
within one hundred eighty days of such meeting, prepare and approve by
resolution a proposed elector initiated consolidation plan] PETITION TO
FORM A COMMISSION TO STUDY, FORMULATE A PLAN FOR, AND MAKE RECOMMENDA-
TIONS REGARDING THE CONSOLIDATION OF (INSERT TYPE AND NAME OF LOCAL
GOVERNMENT ENTITIES).
2. THE STUDY COMMISSION MAY HAVE ANY NUMBER OF MEMBERS THE LOCAL
GOVERNING BODIES DETERMINE TO BE BENEFICIAL FOR DEVELOPING A CONSOL-
IDATION PLAN WITH THE REQUIREMENT THAT THE COMMISSION MUST, IN ADDITION
TO APPOINTMENTS MADE BY THE CHIEF ELECTED OFFICER SUBJECT TO THE GOVERN-
ING BODY'S APPROVAL, INCLUDE THE CHIEF ELECTED OFFICIAL (IN THE CASE OF
A SPECIAL DISTRICT OR FIRE DISTRICT, THE CHAIRMAN OF THE BOARD OF
COMMISSIONERS) OF EACH LOCAL GOVERNMENT ENTITY, ONE MEMBER OF EACH LOCAL
GOVERNMENT ENTITY'S GOVERNING BODY TO BE SELECTED BY A MAJORITY VOTE OF
THE GOVERNING BODY (IN THE CASE OF A SPECIAL DISTRICT OR FIRE DISTRICT,
THE BOARD OF COMMISSIONERS MUST SELECT NO LESS THAN ONE COMMISSIONER OR
REPRESENTATIVE). EACH LOCAL GOVERNMENT ENTITY MUST HAVE EQUAL REPRESEN-
TATION ON THE COMMISSION.
3. THE STUDY COMMISSION MAY FORM SUB-COMMITTEES AND CONDUCT COMMUNITY
FORUMS AND PUBLIC HEARINGS IT DEEMS NECESSARY TO DEVELOP A CONSOLIDATION
PLAN. IT IS A PROPER PUBLIC PURPOSE FOR THE GOVERNING BODIES TO APPRO-
PRIATE MONEY FOR NECESSARY EXPENSES RELATED TO STUDYING THE PROPOSED
CONSOLIDATION AND DEVELOPING A CONSOLIDATION PLAN. THE STUDY COMMISSION
IS A PUBLIC BODY WITHIN THE MEANING OF SECTION ONE HUNDRED TWO OF THE
PUBLIC OFFICERS LAW. MEMBERS OF THE STUDY COMMISSION WHO ARE NOT ALREADY
PUBLIC OFFICERS MUST FILE AN OATH OF OFFICE WITH THE CLERK OF THE LOCAL
GOVERNMENT ENTITY.
4. WITHIN TWO HUNDRED AND SEVENTY DAYS OF ITS FORMATION, THE STUDY
COMMISSION MUST PREPARE AND APPROVE A PROPOSED ELECTOR INITIATED CONSOL-
IDATION PLAN. UPON THE REQUEST OF THE STUDY COMMISSION, THE LOCAL
GOVERNING BODIES MAY EXTEND THE TIME TO COMPLETE THE CONSOLIDATION PLAN
BY NINETY DAYS.
[2.] 5. The proposed elector initiated consolidation plan shall
include:
(a) the name of each local government entity to be consolidated;
(b) the name of what will be the 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 consolidated local
government entity;
A. 1274--B 6
(d) the territorial boundaries of the consolidated local government
entity;
(e) the type and/or class of the consolidated local government entity;
(f) the governmental organization of the 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;
(g) a fiscal estimate of the cost of and savings which may be realized
from consolidation;
(h) each entity's assets, including, but not limited to, real and
personal property, and the fair value thereof in current money of the
United States;
(i) each entity's liabilities and indebtedness, bonded and otherwise,
and the fair value thereof in current money of the United States;
(j) terms for the disposition of existing assets, liabilities and
indebtedness of each local government entity, either jointly, separately
or in certain defined proportions;
(k) terms for the common administration and uniform enforcement of
local laws, ordinances, resolutions, orders and the like, within the
consolidated local government entity, consistent with section seven
hundred sixty-nine of this title;
(l) the effective date of the PROPOSED consolidation; [and]
(m) the time and place or places for the public hearing or hearings on
such proposed elector initiated consolidation plan pursuant to section
seven hundred sixty-two of this title[.];
(N) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
LOCATED IN THE LOCAL GOVERNMENT ENTITIES TO BE CONSOLIDATED;
(O) A FISCAL ESTIMATE OF THE COST OF AND SAVINGS WHICH MAY BE REALIZED
FROM CONSOLIDATION, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (I)
INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE, (II) DISCON-
TINUING AND/OR RESTRUCTURING THE PROVISION OF PARTICULAR SERVICES, AND
THE EXTENT TO WHICH DISCONTINUING AND/OR RESTRUCTURING SUCH SERVICES MAY
ONLY BE ACHIEVED THROUGH CONSOLIDATION; (III) THE ELIMINATION OF ELECTED
OFFICES; (IV) INCREASED AID FROM THE STATE TO THE RESULTING LOCAL
GOVERNMENT ENTITY; (V) THE EXTENT TO WHICH SERVICES WILL NO LONGER BE
PROVIDED THROUGH THE USE OF VOLUNTEERS;
(P) WHETHER THE CONSOLIDATION WILL RESULT IN A NET INCREASE OR
DECREASE IN THE STATE'S LOCAL GOVERNMENT ENTITIES AS THAT TERM IS
DEFINED IN THIS ARTICLE; AND
(Q) ANY OTHER MATTER DESIRABLE OR NECESSARY TO CARRY OUT THE CONSOL-
IDATION.
6. DELIVERY OF THE PLAN TO THE GOVERNING BODIES. AFTER CONDUCTING A
PUBLIC HEARING ON THE FINALIZED PLAN, SUCH HEARING HELD ON AT LEAST
SEVEN DAYS NOTICE PUBLISHED IN A NEWSPAPER OR NEWSPAPERS WITH GENERAL
CIRCULATION IN THE LOCAL GOVERNMENT ENTITIES, THE CONSOLIDATION STUDY
COMMISSION MUST FILE A FINALIZED CONSOLIDATION PLAN AND ITS RECOMMENDA-
TIONS ON WHETHER TO CONSOLIDATE WITH THE CLERKS OF THE LOCAL GOVERNMENT
ENTITIES WHO MUST IMMEDIATELY DELIVER THE PLAN AND RECOMMENDATIONS TO
THE LOCAL GOVERNMENT ENTITIES' GOVERNING BODIES.
S 6. The opening paragraph of section 761 of the general municipal
law, as added by chapter 74 of the laws of 2009, is amended to read as
follows:
No later than five business days after [approving] RECEIVING a
proposed elector initiated consolidation plan pursuant to section seven
hundred sixty of this title, the governing body or bodies of the local
government entities to be consolidated shall:
A. 1274--B 7
S 7. Subdivision 1 of section 762 of the general municipal law, as
added by chapter 74 of the laws of 2009, is amended to read as follows:
1. The governing body or bodies of the local government entities to be
consolidated shall set a time and place or places for one or more public
hearings on the proposed elector initiated consolidation plan. The
hearing or hearings shall be held no less than thirty-five days and no
more than ninety days after RECEIVING the proposed elector initiated
consolidation plan [is approved] DEVELOPED pursuant to section seven
hundred sixty of this title. The hearing or hearings may be held jointly
or separately by the governing body or bodies of the entities. Any
interested person shall be given a reasonable opportunity to be heard on
any aspect of the proposed consolidation.
S 8. Section 763 of the general municipal law, as added by chapter 74
of the laws of 2009, is amended to read as follows:
S 763. [Effective date of] REFERENDUM ON THE elector initiated consol-
idation plan[; permissive referendum]. 1. [Local government entities
consolidated pursuant to an elector initiated consolidated plan shall
continue to be governed as before consolidation until the effective date
of the consolidation specified in such plan, which date shall be no less
than forty-five 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] THE elector
initiated consolidation plan shall not take effect [if, no later than
forty-five 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] UNLESS a majority of the electors in [the]
EACH 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 percent of the number of electors or fifteen thousand elec-
tors, whichever is less, in the local government entity to be consol-
idated, and shall be accompanied by 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.
4. Within ten days of the filing of the petition seeking a referendum
on whether the elector initiated dissolution plan shall take effect, the
clerk with whom the petition was filed shall make a final determination
regarding the sufficiency 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 individual who signed the petition may seek judicial
review of such determination in a proceeding pursuant to article seven-
ty-eight of the civil practice law and rules. Upon the clerk's determi-
nation that the petition contains no less than the required number of
signatures, the governing body of the local government entity to which
A. 1274--B 8
such petition applies shall within thirty days enact a resolution call-
ing for a referendum by the electors of such entity on the question
whether to approve the elector initiated consolidation plan and set a
date for such referendum in accordance with subdivision five of this
section.
5.] 2. The referendum on the question OF whether the elector initiated
consolidation plan shall take effect shall be submitted at a special
election to be held not less than sixty or more than ninety days after
enactment of a resolution APPROVING THE FINAL VERSION OF THE ELECTOR
INITIATED CONSOLIDATION PLAN pursuant to subdivision [four] THREE of
[this] section SEVEN HUNDRED SIXTY-TWO OF THIS TITLE, provided, however,
that in cases where a town or village general election falls within such
period, the referendum question may be considered during [a] THAT town
or village general election.
[6.] 3. Notice of the referendum shall be given to the electors of the
local government entity to which the petition applies by publication in
a newspaper having a general circulation within the boundaries of the
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 elector initiated
consolidation plan;
(b) a statement as to where may be examined a copy of the resolution
and elector initiated consolidation plan;
(c) the time and place or places at which the referendum will be held,
in accordance with subdivision [five] TWO of this section; and
(d) 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.
[7.] 4. In a referendum held pursuant to this section, the referendum
question shall be placed before the electors of the local government
entity to which the petition applies in a form reading substantially as
follows:
["The voters of the (insert type and name of each local government
entity to which the consolidation plan applies) having previously voted
to consolidate, shall the elector initiated consolidation plan take
effect?] "SHALL (INSERT TYPE AND NAME OF LOCAL GOVERNMENT ENTITIES) BE
CONSOLIDATED?
YES ____
NO _____"
[8.] 5. The elector initiated consolidation plan shall not take effect
unless a majority of the electors voting in the local government entity
to which the petition applies vote in favor of such plan taking effect.
If such a majority vote does not result, the referendum shall fail and
consolidation shall not take effect.
6. IF THE REFERENDUM SHALL FAIL, THE CONSOLIDATION PROCESS SPECIFIED
BY THIS TITLE SHALL NOT BE INITIATED FOR THE LOCAL GOVERNMENT ENTITIES
BY ELECTORATE PETITION PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SEVEN OF
THIS TITLE WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM. THIS MORA-
TORIUM SHALL NOT APPLY TO A PROPOSED CONSOLIDATION INVOLVING A DIFFERENT
COMBINATION OF LOCAL GOVERNMENT ENTITIES.
S 9. Section 773 of the general municipal law, as added by chapter 74
of the laws of 2009, is amended to read as follows:
S 773. Commencing the proceeding. 1. A local government entity other
than a town may be dissolved and terminated by the procedure described
in this title.
2. Dissolution proceedings may be commenced by:
A. 1274--B 9
(a) a resolution of the governing body of the local government entity
to be dissolved [endorsing a proposed dissolution plan]; or
(b) elector initiative.
S 10. Section 774 of the general municipal law, as added by chapter 74
of the laws of 2009, is amended to read as follows:
S 774. [Proposed] GOVERNING BODY-INITIATED dissolution [plan]. 1. The
governing body of a local government entity may, by resolution, [endorse
a proposed dissolution plan for the purpose of commencing dissolution
proceedings under this article] INITIATE A DISSOLUTION PROCEEDING BY
FORMING A COMMISSION TO STUDY, FORMULATE A PLAN FOR, AND MAKE RECOMMEN-
DATIONS REGARDING THE DISSOLUTION AND TERMINATION OF THE LOCAL GOVERN-
MENT ENTITY. THE RESOLUTION MAY ONLY BE ADOPTED AFTER CONDUCTING A
PUBLIC HEARING ON THE PROPOSAL, SUCH HEARING HELD ON AT LEAST SEVEN DAYS
NOTICE PUBLISHED IN A NEWSPAPER WITH GENERAL CIRCULATION IN THE LOCAL
GOVERNMENT ENTITY.
2. THE STUDY COMMISSION MAY HAVE ANY NUMBER OF MEMBERS THE LOCAL
GOVERNING BODY DETERMINES TO BE BENEFICIAL FOR DEVELOPING A DISSOLUTION
PLAN WITH THE REQUIREMENT THAT THE COMMISSION MUST, IN ADDITION TO
APPOINTMENTS MADE BY THE CHIEF ELECTED OFFICER SUBJECT TO THE GOVERNING
BODY'S APPROVAL, INCLUDE THE CHIEF ELECTED OFFICIAL (IN THE CASE OF A
SPECIAL DISTRICT OR FIRE DISTRICT, THE CHAIRMAN OF THE BOARD OF COMMIS-
SIONERS) OF THE LOCAL GOVERNMENT ENTITY, ONE MEMBER OF THE LOCAL GOVERN-
MENT ENTITY'S GOVERNING BODY TO BE SELECTED BY A MAJORITY VOTE OF
GOVERNING BODY (IN THE CASE OF A SPECIAL DISTRICT OR FIRE DISTRICT, THE
BOARD OF COMMISSIONERS MUST SELECT NO LESS THAN ONE COMMISSIONER OR
REPRESENTATIVE), AND THE SUPERVISOR OF THE TOWN OR TOWNS IN WHICH THE
LOCAL GOVERNMENT ENTITY IS LOCATED.
3. THE STUDY COMMISSION MAY FORM SUB-COMMITTEES AND CONDUCT COMMUNITY
FORUMS AND PUBLIC HEARINGS IT DEEMS NECESSARY TO DEVELOP A DISSOLUTION
PLAN. IT IS A PROPER PUBLIC PURPOSE FOR THE GOVERNING BODY OF THE LOCAL
GOVERNMENT ENTITY TO APPROPRIATE MONEY FOR NECESSARY EXPENSES RELATED TO
STUDYING THE PROPOSED DISSOLUTION AND DEVELOPING A DISSOLUTION PLAN. THE
STUDY COMMISSION IS A PUBLIC BODY WITHIN THE MEANING OF SECTION ONE
HUNDRED TWO OF THE PUBLIC OFFICERS LAW. MEMBERS OF THE STUDY COMMISSION
ARE REQUIRED TO FILE AN OATH OF OFFICE WITH THE CLERK OF THE LOCAL
GOVERNMENT ENTITY.
4. WITHIN TWO HUNDRED SEVENTY DAYS OF ITS FORMATION, THE STUDY COMMIS-
SION MUST PREPARE AND APPROVE A PROPOSED DISSOLUTION PLAN. UPON THE
REQUEST OF THE STUDY COMMISSION, THE LOCAL GOVERNING BODY MAY EXTEND THE
TIME TO COMPLETE THE DISSOLUTION PLAN BY NINETY DAYS.
[2.] 5. The proposed dissolution plan shall specify:
(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;
(e) any plan for the transfer or elimination of public employees;
(f) the entity's assets, including but not limited to real and
personal property, and the fair value thereof in current money of the
United States;
(g) the entity's liabilities and indebtedness, bonded and otherwise,
and the fair value thereof in current money of the United States;
(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;
A. 1274--B 10
(j) terms for the disposition of the entity's assets and the disposi-
tion of its liabilities and indebtedness, including the levy and
collection of the necessary taxes and assessments therefor;
(k) 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 or shall remain in effect for a period of time other
than as provided by section seven hundred eighty-nine of this title;
(l) the effective date of the proposed dissolution;
(m) the time and place or places for a public hearing or hearings on
the proposed dissolution plan pursuant to section seven hundred seven-
ty-six of this title; [and]
(N) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
LOCATED IN THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
(O) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
OF THE TOWN OUTSIDE OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
(P) A FISCAL ESTIMATE OF THE COST OF AND SAVINGS WHICH MAY BE REALIZED
FROM DISSOLUTION, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (I)
INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE, (II) DISCON-
TINUING AND/OR RESTRUCTURING THE PROVISION OF PARTICULAR SERVICES, AND
THE EXTENT TO WHICH DISCONTINUING AND/OR RESTRUCTURING SUCH SERVICES MAY
ONLY BE ACHIEVED THROUGH DISSOLUTION; (III) THE ELIMINATION OF ELECTED
OFFICES; (IV) INCREASED AID FROM THE STATE TO THE RESULTING LOCAL
GOVERNMENT ENTITY; (V) THE EXTENT TO WHICH SERVICES WILL NO LONGER BE
PROVIDED THROUGH THE USE OF VOLUNTEERS;
(Q) WHETHER THE DISSOLUTION WILL RESULT IN A NET INCREASE OR DECREASE
IN THE STATE'S LOCAL GOVERNMENT ENTITIES AS THAT TERM IS DEFINED IN THIS
ARTICLE; AND
[(n)] (R) any other matter desirable or necessary to carry out the
dissolution.
6. DELIVERY OF THE PLAN TO THE GOVERNING BODY. AFTER CONDUCTING A
PUBLIC HEARING ON THE FINALIZED PLAN, SUCH HEARING HELD ON AT LEAST
SEVEN DAYS NOTICE PUBLISHED IN A NEWSPAPER WITH GENERAL CIRCULATION IN
THE LOCAL GOVERNMENT ENTITY, THE DISSOLUTION STUDY COMMISSION MUST FILE
A FINALIZED DISSOLUTION PLAN AND ITS RECOMMENDATIONS ON WHETHER TO
DISSOLVE WITH THE CLERK OF THE LOCAL GOVERNMENT ENTITY WHO MUST IMME-
DIATELY DELIVER THE PLAN AND RECOMMENDATIONS TO THE LOCAL GOVERNMENT
ENTITY'S GOVERNING BODY.
S 11. The opening paragraph of section 775 of the general municipal
law, as added by chapter 74 of the laws of 2009, is amended to read as
follows:
No later than five business days after [commencement of dissolution
proceedings] THE DELIVERY OF THE DISSOLUTION PLAN AND RECOMMENDATIONS
pursuant to section seven hundred seventy-four of this title, the
governing body of the local government entity to be dissolved shall:
S 12. Subdivisions 1 and 3 of section 776 of the general municipal
law, as added by chapter 74 of the laws of 2009, are amended to read as
follows:
1. The governing body of the local government entity to be dissolved
shall set a time and place or places for one or more public hearings on
the proposed dissolution plan. The hearing or hearings shall be held no
less than thirty-five days and no more than ninety days after [commence-
ment of dissolution proceedings] RECEIVING THE DISSOLUTION PLAN RECOM-
MENDATIONS pursuant to section seven hundred seventy-four of this title.
Any interested person shall be given a reasonable opportunity to be
heard on any aspect of the proposed dissolution.
A. 1274--B 11
3. After completion of the final hearing, the governing body of the
local government entity to be dissolved may amend the proposed dissol-
ution plan, provided that the amended version complies with the
provisions of subdivision [two] FOUR of section seven hundred seventy-
four of this title and is publicized pursuant to subdivision four of
this section, [and/or] OR approve a final version of the dissolution
plan[, or decline to proceed further with dissolution proceedings]. Any
approval by the governing body of a final version of the dissolution
plan must occur within one hundred eighty days of the final hearing.
S 13. Section 777 of the general municipal law, as added by chapter 74
of the laws of 2009, is amended to read as follows:
S 777. Referendum resolution for dissolution [of villages]. 1. [If a
dissolution plan calls for the dissolution of a village, then contempo-
raneous] CONTEMPORANEOUS with the final approval of the dissolution plan
pursuant to subdivision three of section seven hundred seventy-six of
this title, the governing body of the [village] LOCAL GOVERNMENT ENTITY
shall enact a resolution calling for a referendum on the proposed
dissolution by the electors in the [village] LOCAL GOVERNMENT ENTITY.
2. The resolution calling for the referendum on the proposed dissol-
ution shall:
(a) provide (i) the name of the [village] LOCAL GOVERNMENT ENTITY to
be dissolved; and (ii) the date for the referendum, in accordance with
subdivision one of section seven hundred eighty of this title;
(b) state the substance of the question to be submitted to the elec-
tors; 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 canvass of the returns thereupon.
3. The resolution calling for the referendum on the proposed dissol-
ution shall have attached to it the final approved version of the
dissolution plan.
4. IF THE REFERENDUM SHALL FAIL, THE DISSOLUTION PROCESS SPECIFIED BY
THIS TITLE SHALL NOT BE INITIATED FOR THE LOCAL GOVERNMENT ENTITY BY
ELECTORATE PETITION PURSUANT TO SECTION SEVEN HUNDRED SEVENTY-NINE OF
THIS TITLE WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM.
S 14. Section 779 of the general municipal law, as added by chapter 74
of the laws of 2009, is amended to read as follows:
S 779. Initiative of electors seeking dissolution. 1. The electors of
a local government entity may commence a dissolution 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 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
DISSOLUTION PROCESS HAS BEEN ADOPTED PURSUANT TO SECTION SEVEN HUNDRED
SEVENTY-FOUR OF THIS TITLE, UNTIL THE PROCESS THEREUNDER, INCLUDING THE
CONDUCTING OF THE REFERENDUM PURSUANT TO SECTION SEVEN HUNDRED SEVENTY-
SEVEN OF THIS TITLE, HAS BEEN COMPLETED.
2. The petition shall contain [the] signatures [of] EQUAL TO at least
[ten] TWENTY-FIVE percent of the number of electors AT THE LAST GENERAL
ELECTION OF THE LOCAL GOVERNMENT ENTITY or five thousand [electors],
A. 1274--B 12
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 percent of the number of elec-
tors]. No signature on a petition is valid unless it is an original
signature of an elector. FOR A SIGNATURE TO BE VALID, IT MUST BE SIGNED
WITHIN ONE HUNDRED TWENTY DAYS OF THE PETITION BEING FILED WITH THE
CLERK.
3. The petition shall substantially comply with, and be circulated in,
the following form:
PETITION FOR LOCAL GOVERNMENT DISSOLUTION
We, the undersigned, electors and legal voters of (insert type of
local government entity -- e.g., town, village or district) of (insert
name of local government entity), New York, qualified to vote at the
next general or special election, respectfully petition that there be
submitted to the electors of (insert type and name of local government
entity proposed to be dissolved), for their approval or rejection at a
referendum held for that purpose, a proposal to dissolve and terminate
(insert type and name of local government entity) PURSUANT TO A DISSOL-
UTION PLAN DEVELOPED AND PRESENTED TO THE PUBLIC PRIOR TO THE
REFERENDUM.
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 of the petition, after all of the numbered
signatures, insert a signed statement of a witness who is a duly quali-
fied elector of the state of New York. Such a statement shall be
accepted for all purposes as the equivalent of an affidavit, and if it
contains a material false statement, shall subject the person signing it
to the same penalties as if he or she has been duly sworn. The form of
such statement shall be substantially as follows:
I, (insert name of witness), state that I am a duly qualified voter of
the state of New York. Each of the persons that have signed this peti-
tion sheet containing (insert number) signatures, have signed their
names in my presence on the dates indicated above and identified them-
selves 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 perjury.
_________________ _________________________________
Date Signature of Witness)
(In lieu of the signed statement of a witness who is a duly qualified
voter of the state of New York, the following statement signed by a
notary public or a commissioner of deeds shall be accepted:
On the date indicated above before me personally came each of the
electors and legal voters whose signatures appear on this petition sheet
containing (insert number) signatures, who signed the petition in my
presence and who, being by me duly sworn, each for himself or herself,
identified himself or herself as the one and same person who signed the
petition and that the foregoing information they provided was true.
_____________________ _________________________________
Date Notary Public or Commissioner of Deeds)
A. 1274--B 13
4. An alteration or correction of information appearing on a
petition's signature line, other than an un-initialed signature and
date, shall not invalidate such signature.
5. In matters of form, this section shall be liberally construed, not
inconsistent with substantial compliance thereto and the prevention of
fraud.
6. Within ten days of the filing of the petition seeking dissolution
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 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 individual
who signed the petition may seek judicial review of such determination
in a proceeding pursuant to article seventy-eight of the civil practice
law and rules.
[7. Upon the clerk's determination that the petition contains not less
than the number of signatures of electors required in subdivision two of
this section, the governing body of the local government entity to be
dissolved shall, no later than thirty days thereafter, enact a resol-
ution in accordance with subdivision two of section seven hundred seven-
ty-seven of this title calling for a referendum on the proposed dissol-
ution by the electors in the entity and set a date for such referendum.]
S 15. Sections 780 and 781 of the general municipal law are REPEALED.
S 16. Section 782 of the general municipal law, as added by chapter 74
of the laws of 2009, is amended to read as follows:
S 782. [Duty to approve proposed elector initiated] STUDY COMMISSION
AND DEVELOPMENT OF PROPOSED dissolution plan. 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] UPON THE CLERK'S DETERMINATION THAT THE PETITION
CONTAINS NOT LESS THAN THE NUMBER OF SIGNATURES OF ELECTORS REQUIRED IN
SUBDIVISION TWO OF SECTION SEVEN HUNDRED SEVENTY-NINE OF THIS TITLE, the
entity's governing body [shall] MUST meet within thirty days after
CLERK'S certification [of the favorable vote] and[, within one hundred
eighty days of such meeting,] FORM A COMMISSION TO STUDY, FORMULATE A
PLAN FOR, AND MAKE RECOMMENDATIONS REGARDING THE DISSOLUTION AND TERMI-
NATION OF THE LOCAL GOVERNMENT ENTITY.
2. THE STUDY COMMISSION MAY HAVE ANY NUMBER OF MEMBERS THE LOCAL
GOVERNING BODY DETERMINES TO BE BENEFICIAL FOR DEVELOPING A DISSOLUTION
PLAN WITH THE REQUIREMENT THAT THE COMMISSION MUST, IN ADDITION TO
APPOINTMENTS MADE BY THE CHIEF ELECTED OFFICER SUBJECT TO THE GOVERNING
BODY'S APPROVAL, INCLUDE THE CHIEF ELECTED OFFICIAL (IN THE CASE OF A
SPECIAL DISTRICT OR FIRE DISTRICT, THE CHAIRMAN OF THE BOARD OF COMMIS-
SIONERS) OF THE LOCAL GOVERNMENT ENTITY, ONE MEMBER OF THE LOCAL GOVERN-
MENT ENTITY'S GOVERNING BODY TO BE SELECTED BY A MAJORITY VOTE OF
GOVERNING BODY (IN THE CASE OF A SPECIAL DISTRICT OR FIRE DISTRICT, THE
BOARD OF COMMISSIONERS MUST SELECT NO LESS THAN ONE COMMISSIONER OR
REPRESENTATIVE), AND THE SUPERVISOR OF THE TOWN OR TOWNS IN WHICH THE
LOCAL GOVERNMENT ENTITY IS LOCATED.
3. THE STUDY COMMISSION MAY FORM SUB-COMMITTEES AND CONDUCT COMMUNITY
FORUMS AND PUBLIC HEARINGS IT DEEMS NECESSARY TO DEVELOP A DISSOLUTION
PLAN. IT IS A PROPER PUBLIC PURPOSE FOR THE GOVERNING BODY OF THE LOCAL
GOVERNMENT ENTITY TO APPROPRIATE MONEY FOR NECESSARY EXPENSES RELATED TO
STUDYING THE PROPOSED DISSOLUTION AND DEVELOPING A DISSOLUTION PLAN. THE
STUDY COMMISSION IS A PUBLIC BODY WITHIN THE MEANING OF SECTION ONE
A. 1274--B 14
HUNDRED TWO OF THE PUBLIC OFFICERS LAW. MEMBERS OF THE STUDY COMMISSION
WHO ARE NOT ALREADY PUBLIC OFFICERS MUST FILE AN OATH OF OFFICE WITH THE
CLERK OF THE LOCAL GOVERNMENT ENTITY.
4. WITHIN TWO HUNDRED SEVENTY DAYS OF ITS FORMATION, THE STUDY COMMIS-
SION MUST prepare and approve a proposed elector initiated dissolution
plan. UPON THE REQUEST OF THE STUDY COMMISSION, THE LOCAL GOVERNING
BODY MAY EXTEND THE TIME TO COMPLETE THE DISSOLUTION PLAN BY NINETY
DAYS.
[2.] 5. The proposed elector initiated dissolution plan shall specify:
(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;
(e) any plan for the transfer or elimination of public employees;
(f) the entity's assets, including but not limited to real and
personal property, and the fair value thereof in current money of the
United States;
(g) the entity's liabilities and indebtedness, bonded and otherwise,
and the fair value thereof in current money of the United States;
(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) terms for the disposition of the entity's assets and the disposi-
tion of its liabilities and indebtedness, including the levy and
collection of the necessary taxes and assessments therefor;
(k) 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 or shall remain in effect for a period of time other
than as provided by section seven hundred eighty-nine of this title;
(l) the effective date of the dissolution;
(m) the time and place or places for a public hearing or hearings on
such proposed dissolution plan pursuant to section seven hundred eight-
y-four of this title; [and]
(N) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
LOCATED IN THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
(O) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
OF THE TOWN OUTSIDE OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
(P) A FISCAL ESTIMATE OF THE COST OF AND SAVINGS WHICH MAY BE REALIZED
FROM DISSOLUTION, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (I)
INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE, (II) DISCON-
TINUING AND/OR RESTRUCTURING THE PROVISION OF PARTICULAR SERVICES, AND
THE EXTENT TO WHICH DISCONTINUING AND/OR RESTRUCTURING SUCH SERVICES MAY
ONLY BE ACHIEVED THROUGH DISSOLUTION; (III) THE ELIMINATION OF ELECTED
OFFICES; (IV) INCREASED AID FROM THE STATE TO THE RESULTING LOCAL
GOVERNMENT ENTITY; (V) THE EXTENT TO WHICH SERVICES WILL NO LONGER BE
PROVIDED THROUGH THE USE OF VOLUNTEERS;
(Q) WHETHER THE DISSOLUTION WILL RESULT IN A NET INCREASE OR DECREASE
IN THE STATE'S LOCAL GOVERNMENT ENTITIES AS THAT TERM IS DEFINED IN THIS
ARTICLE; AND
[(n)] (R) any other matter desirable or necessary to carry out the
dissolution.
6. DELIVERY OF THE PLAN TO THE GOVERNING BODY. AFTER CONDUCTING A
PUBLIC HEARING ON THE FINALIZED PLAN, SUCH HEARING HELD ON AT LEAST
SEVEN DAYS NOTICE PUBLISHED IN A NEWSPAPER WITH GENERAL CIRCULATION IN
A. 1274--B 15
THE LOCAL GOVERNMENT ENTITY, THE DISSOLUTION STUDY COMMISSION MUST FILE
A FINALIZED DISSOLUTION PLAN AND ITS RECOMMENDATIONS ON WHETHER TO
DISSOLVE WITH THE CLERK OF THE LOCAL GOVERNMENT ENTITY WHO MUST IMME-
DIATELY DELIVER THE PLAN AND RECOMMENDATIONS TO THE LOCAL GOVERNMENT
ENTITY'S GOVERNING BODY.
S 17. The opening paragraph of section 783 of the general municipal
law, as added by chapter 74 of the laws of 2009, is amended to read as
follows:
No later than five business days after [approving an] RECEIVING A
PROPOSED elector initiated dissolution plan pursuant to section seven
hundred eighty-two of this title, the governing body of the local
government entity to be dissolved shall:
S 18. Subdivision 1 of section 784 of the general municipal law, as
added by chapter 74 of the laws of 2009, is amended to read as follows:
1. The governing body of the local government entity to be dissolved
shall set a time and place or places for one or more public hearings on
the proposed elector initiated dissolution plan. The hearing or hearings
shall be held no less than thirty-five days and no more than ninety days
after RECEIVING the proposed elector initiated dissolution plan [is
approved] DEVELOPED pursuant to section seven hundred eighty-two of this
title. Any interested person shall be given a reasonable opportunity to
be heard on any aspect of the proposed dissolution.
S 19. Section 785 of the general municipal law, as added by chapter 74
of the laws of 2009, is amended to read as follows:
S 785. [Effective date of] REFERENDUM ON THE elector initiated dissol-
ution plan[; permissive referendum]. 1. [A local government entity
dissolved pursuant to an elector initiated dissolution plan shall
continue to be governed as before dissolution until the effective date
of the dissolution specified in the elector initiated dissolution plan,
which date shall be no less than forty-five days after final approval of
such plan pursuant to subdivision three of section seven hundred eight-
y-four or subdivision three of section seven hundred eighty-six of this
title.
2. Notwithstanding subdivision one of this section, the] THE elector
initiated dissolution plan shall not take effect [if, no later than
forty-five 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
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] UNLESS a majority of the electors 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
seventy-nine of this title, shall contain the signatures of at least
twenty-five percent of the number of electors or fifteen thousand elec-
tors, 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 petition and who
will serve as a contact person.
A. 1274--B 16
4. Within ten days of the filing of the petition seeking a referendum
on whether the elector initiated dissolution plan shall take effect, the
clerk with whom the petition was filed shall make a final determination
regarding the sufficiency 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 individual who signed the petition may seek judicial
review of such determination in a proceeding pursuant to article seven-
ty-eight of the civil practice law and rules. Upon the clerk's determi-
nation that the petition contains no less than the required number of
signatures, the governing body of the local government entity to be
dissolved shall within thirty days enact a resolution calling for a
referendum by the electors on the question whether the elector initiated
dissolution plan shall take effect and set a date for such referendum in
accordance with subdivision five of this section.
5.] 2. The referendum on the question whether the elector initiated
dissolution plan shall take effect shall be submitted at a special
election to be held not less than sixty or more than ninety days after
enactment of a resolution APPROVING THE FINAL VERSION OF THE ELECTOR
INITIATED DISSOLUTION PLAN pursuant to subdivision [four] THREE of
[this] section SEVEN HUNDRED EIGHTY-FOUR OF THIS TITLE, provided, howev-
er, that in cases where a town or village general election falls within
such period, the referendum question may be considered during [a] THAT
town or village general election.
[6.] 3. 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
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 elector initiated
dissolution plan;
(b) a statement as to where may be examined a copy of the resolution
and elector initiated dissolution plan;
(c) the time and place or places at which the referendum will be held,
in accordance with subdivision [five] TWO of this section; and
(d) 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.
[7.] 4. In a referendum held pursuant to this section, the referendum
question shall be placed before the electors of the local government
entity to be dissolved in a form reading substantially as follows:
["The voters of the (insert type and name of local government entity
to be dissolved) having previously voted to dissolve, shall the elector
initiated dissolution plan take effect?] "SHALL (INSERT TYPE AND NAME OF
LOCAL GOVERNMENT ENTITY) BE DISSOLVED?
YES ____
NO ____"
[8.] 5. The elector initiated dissolution plan shall not take effect
unless a majority of the electors voting in the local government entity
to which the petition applies votes in favor of dissolution. If such a
majority vote does not result, the referendum shall fail and dissolution
shall not take effect.
6. IF THE REFERENDUM FAILS, THE DISSOLUTION PROCESS SPECIFIED BY THIS
TITLE MAY NOT BE INITIATED FOR THE LOCAL GOVERNMENT ENTITY BY ELECTORATE
PETITION PURSUANT TO SECTION SEVEN HUNDRED SEVENTY-NINE OF THIS TITLE
WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM.
A. 1274--B 17
S 20. Subdivision 2 of section 33-a of the municipal home rule law, as
amended by chapter 74 of the laws of 2009, is amended to read as
follows:
2. Any such local law, or an amendment or repeal of one or more
provisions thereof which would have the effect of transferring or abol-
ishing a function or duty of the county or of the cities, towns,
villages, districts or other units of government wholly contained in the
county, shall not become operative unless and until it is approved at a
general election or at a special election, held in the county by receiv-
ing a majority of the total votes cast thereon: (a) in the area of the
county outside of cities and (b) in the area of cities of the county, if
any, considered as one unit, and if it provides for the transfer of any
function or duty to or from any village or for the abolition of any
office, department, agency or unit of government of a village wholly
contained in the county, it shall not take effect unless it shall also
receive a majority of [all] the votes cast thereon in [all] EACH OF the
villages OR LOCAL UNITS OF GOVERNMENT so affected [considered as one
unit]. Such a local law, amendment or repeal thereof, shall provide for
its submission to the electors of the county at the next general
election or at a special election, occurring not less than sixty days
after the adoption thereof by the board of supervisors.
S 21. This act shall take effect immediately.