S T A T E   O F   N E W   Y O R K
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                                  4460

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced by M. of A. CORWIN -- Multi-Sponsored by -- M. of A. BURLING,
  CALHOUN,  CONTE  --  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  chapter  74  of  the  laws of 2009, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08143-01-1

              

A. 4460                             2

consolidation  agreement  must  occur  within one hundred eighty days of
such [final hearing] APPROVAL BY THE MAJORITY OF THE ELECTORS.
  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 CANVASS 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 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-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  enactment  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;
  (d)  with  respect  to  a  resolution  calling  for a referendum under
section seven hundred FIFTY-FOUR-A OR SECTION SEVEN  HUNDRED  fifty-five

A. 4460                             3

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 chapter 74 of the laws of 2009, 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 immediately, except that if this act
shall have become a law on or after March 21, 2010  this  act  shall  be
deemed  to  have  been  in  full force and effect on and after March 21,
2010.