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Senate Bill S5358

2015-2016 Legislative Session

Relates to requiring the consent of the legislature of the county of Orange concerning municipal annexation petitions

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Archive: Last Bill Status - In Senate Committee Local Government Committee

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2015-S5358 (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Amd ยง711, Gen Muni L

2015-S5358 (ACTIVE) - Summary

Relates to requiring the consent of the legislature of the county of Orange concerning municipal annexation petitions.

2015-S5358 (ACTIVE) - Sponsor Memo

2015-S5358 (ACTIVE) - Bill Text download pdf 

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

                                  5358

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sen.  LARKIN -- 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 in relation to  requiring  the
  consent  of the legislature of the county of Orange concerning munici-
  pal annexation petitions

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

  Section  1.  Section  711  of  the general municipal law is amended by
adding a new subdivision 6 to read as follows:
  6. A. IN THE COUNTY OF ORANGE, NO DETERMINATIONS MADE  UNDER  SUBDIVI-
SION  FOUR  OF  THIS  SECTION APPROVING SUCH ANNEXATION OVER NINETY-NINE
ACRES SHALL BE EFFECTIVE UNLESS THE COUNTY LEGISLATURE SHALL CONFIRM THE
DETERMINATIONS. THE COUNTY LEGISLATURE SHALL HAVE NINETY DAYS TO  EITHER
CONFIRM  OR  DISAPPROVE THE DETERMINATIONS. SUCH NINETY DAY PERIOD SHALL
COMMENCE UPON RECEIPT BY THE COUNTY LEGISLATURE OF ALL REQUIRED DETERMI-
NATIONS FROM ALL NECESSARY MUNICIPALITIES HAVING APPROVED  THE  PROPOSED
ANNEXATION OR A PORTION THEREOF.
  B. IN THE EVENT THE COUNTY LEGISLATURE FAILS TO TAKE ANY ACTION EITHER
CONFIRMING  OR DISAPPROVING SUCH DETERMINATIONS WITHIN NINETY DAYS, SUCH
DETERMINATIONS SHALL BE DEEMED DENIED. NOTHING SHALL PRECLUDE THE  MUNI-
CIPALITIES WHO ARE OTHERWISE REQUIRED TO MAKE A DETERMINATION UNDER THIS
SECTION  FROM  EXTENDING THE TIME FOR THE COUNTY LEGISLATURE TO MAKE ANY
REQUIRED DETERMINATION BY AN ADDITIONAL ONE  HUNDRED  TWENTY  DAYS.  IF,
HOWEVER,  THE  PETITION FOR ANNEXATION WAS COMMENCED UNDER SECTION SEVEN
HUNDRED FOUR OF THIS ARTICLE, THE  CONSENT  OF  THE  PETITIONERS,  OR  A
NUMERIC MAJORITY OF THE PETITIONERS, SHALL BE REQUIRED BEYOND SUCH ADDI-
TIONAL  ONE  HUNDRED TWENTY DAYS AFTER THE EXPIRATION OF THE NINETY DAYS
OTHERWISE PROVIDED FOR IN THIS SUBDIVISION.
  C. IN THE EVENT A PETITION IS COMMENCED  UNDER  EITHER  SECTION  SEVEN
HUNDRED FIVE OR SECTION SEVEN HUNDRED TWELVE OF THIS ARTICLE RELATIVE TO
ANY  DETERMINATION MADE BY A MUNICIPALITY UNDER SUBDIVISION FOUR OR FIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10907-01-5

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