senate Bill S2229

2013-2014 Legislative Session

Amends the NY government reorganization and citizen empowerment act; repealer

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Mar 06, 2014 advanced to third reading
Mar 05, 2014 2nd report cal.
Mar 04, 2014 1st report cal.222
Jan 08, 2014 referred to local government
Jun 21, 2013 committed to rules
Mar 21, 2013 advanced to third reading
Mar 20, 2013 2nd report cal.
Mar 19, 2013 1st report cal.232
Jan 14, 2013 referred to local government

Votes

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Mar 4, 2014 - Local Government committee Vote

S2229
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Local Government Committee Vote: Mar 4, 2014

Mar 19, 2013 - Local Government committee Vote

S2229
6
0
committee
6
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Local Government Committee Vote: Mar 19, 2013

aye wr (3)

Co-Sponsors

S2229 - Bill Details

See Assembly Version of this Bill:
A1874
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Rpld §§758, 759, 780 & 781, amd Gen Muni L, generally; amd §33-a, Munic Home R L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1824A, A1274B
2009-2010: S7238, A10432

S2229 - Bill Texts

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Amends the NY government reorganization and citizen empowerment act, relating to the requirements for consolidation or dissolution of certain local government entities.

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BILL NUMBER:S2229

TITLE OF BILL: An act to amend the general municipal law and the
municipal home rule law, in relation to the requirements for
consolidating or dissolving certain local government entities and to
repeal sections 758, 759, 780 and 781 of the general municipal law
relating thereto

PURPOSE: This legislation would make clarifying chapter amendments to
the NY Government Reorganization and Citizen Empowerment Act,
regarding post plan mandatory referendums for consolidating and
dissolving local government entities.

SUMMARY OF SPECIFIC PROVISIONS: This bill would amend the general
municipal law to:

1. Require the information necessary for voters to understand the
implications of consolidation to be included in the consolidation
plan.

2. Require that when the governing bodies of local government entities
initiate the consolidation of such entities, that this consolidation
must be approved by the residents of such entities through referendum.

3. Provide for the number of signatures needed to initiate
consolidation proceedings, and specify time periods for collecting
signatures to initiate such consolidation proceedings.

4. Increase the time period to prepare elector initiated consolidation
plan up to two years.

5. Require that:

a. Proposed consolidations of local government entities must be
approved by the residents of those local government entities after the
elector initiated consolidation plan has been developed and approved;

b. Referenda on consolidation plans must be held at the local
government entity's normally scheduled election; and

c. A four year resubmission process on electorate initiated
consolidations must be instituted if the proposed consolidation is not
approved by the voters.

6. Require the governing bodies of local government entities to
initiate dissolution proceedings by adopting a resolution which would
commit to developing a dissolution plan and putting it up for a vote
of such entity's residents, and to require a study commission to be
formed for the development of dissolution plans.

7. Provide conforming changes regarding local governing body
dissolution proceedings initiated by resolution adoption.

8. Prohibit the filing an electorate petition initiating dissolution
if the local governing body has already adopted a resolution pursuant
to General Municipal Law initiating the dissolution.


9. Require a study commission to be formed to develop the dissolution
plan.

This bill would additionally amend the Municipal Home Rule Law to
require that all proposed dissolutions of local government entities
initiated by a county must be put to a vote of the residents of each
local government entity.

JUSTIFICATION: The New York Government and Citizen Empowerment Act
provided for new procedures and processes for the consolidation of
governments and reduction of duplicative government services. Since
its enactment, however, the New York Conference of Mayors, the
Association of Towns, the Firemen's Association of the State of New
York, and the Association of Fire Districts of the State of New York,
have all requested conforming amendments which would both expressly
specify the procedures for consolidating and dissolving local
government entities, and expressly clarify that any such consolidation
or dissolution must be subject to a mandatory referendum.

These conforming amendments will help prevent legal challenges to the
local government entity seeking to consolidate or dissolve, and would
promote the effective and efficient duplication of services. This
bill, which would amend The New York Government and Citizen
Empowerment Act to make such clarifying chapter amendments, would
strengthen the legal foundations and effectiveness of the statute and
promote the implementation of meaningful taxpayer savings.

LEGISLATIVE HISTORY: S.1824 of 2011 - Passed Senate

FISCAL IMPLICATIONS: This bill would promote savings to taxpayers.

EFFECTIVE DATE: Immediately.

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

                                  2229

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law and the  municipal  home  rule
  law,  in  relation to the requirements for consolidating or dissolving
  certain local government entities and to repeal sections 758, 759, 780
  and 781 of the general municipal law relating thereto

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

  Section  1. Subdivision 2 of section 752 of the general municipal law,
as added by chapter 74 of the laws  of  2009,  is  amended  to  read  as
follows:
  2. The proposed joint consolidation agreement shall specify:
  (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 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03233-01-3

S. 2229                             2

  (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
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.

S. 2229                             3

  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.
  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-

S. 2229                             4

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
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

S. 2229                             5

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 SEVENTY DAYS OF ITS FORMATION, THE STUDY COMMIS-
SION MUST PREPARE AND APPROVE A PROPOSED ELECTOR INITIATED CONSOLIDATION
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;
  (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;

S. 2229                             6

  (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:
  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

S. 2229                             7

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
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

S. 2229                             8

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) 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

S. 2229                             9

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;
  (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;

S. 2229                            10

  (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.
  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. 2229                            11

  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],
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.

S. 2229                            12

  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)
  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-

S. 2229                            13

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
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:

S. 2229                            14

  (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
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:

S. 2229                            15

  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.
  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-

S. 2229                            16

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.
  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

S. 2229                            17

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.

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