S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5636
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2017
                                ___________
 
 Introduced  by  M. of A. CURRAN, FINCH -- Multi-Sponsored by -- M. of A.
   GRAF -- read once and referred to the Committee on Local Governments
 
 AN ACT to amend the general municipal law, the town law, the village law
   and the local finance law in relation to exempting villages  and  fire
   districts from the local consolidation or dissolution of local govern-
   ments;  and  to repeal certain provisions 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. Subdivisions 4 and 13 of section 750 of the general munici-
 pal law, as added by chapter 74 of the laws of 2009, are amended to read
 as follows:
   4. "Contiguous" shall mean when a portion of a town [or village] abuts
 the boundary of another town [or village], including a town [or village]
 separated  from  the  exact  boundary  of another town [or village] by a
 street, road, railroad, highway, river or other  natural  or  artificial
 stream or body of water.
   13.   "Local  government  entity"  or  "entity"  shall  mean  a  town,
 [village,] district, special improvement district or  other  improvement
 district,  including,  but  not  limited  to,  special districts created
 pursuant to articles eleven, twelve, twelve-A or thirteen  of  the  town
 law,  library  districts,  and other districts created by law; provided,
 however, that a local government  entity  shall  not  include  VILLAGES,
 school  districts,  city  districts,  FIRE DISTRICTS, or special purpose
 districts created by counties under county law.
   § 2. Section 756 of the general municipal law, as added by chapter  74
 of the laws of 2009, is amended to read as follows:
   §  756. Effective date of joint consolidation agreement. Local govern-
 ment entities consolidated pursuant to a joint  consolidation  agreement
 shall  continue  to be governed as before consolidation until the effec-
 tive date of the consolidation  specified  in  the  joint  consolidation
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08488-01-7

 A. 5636                             2
 
 agreement;  provided,  however,  that  no  joint consolidation agreement
 consolidating two or more towns, two or more villages  or  one  or  more
 towns  and  villages  shall take effect unless approved by a majority of
 electors  in  each  such  town  [and/or  village] at a referendum called
 through a resolution enacted pursuant to section  seven  hundred  fifty-
 five of this title.
   § 3. Subdivisions 1 and 3 of section 757 of the general municipal law,
 as  added  by  chapter  74  of  the laws of 2009, are amended to read as
 follows:
   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  peti-
 tion  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.
   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
 general or special election, respectfully petition that there be submit-
 ted to the electors and legal voters of (insert type and name  of  local
 government  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).
   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)

 A. 5636                             3
 
   (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.  Subdivision  1  of section 758 of the general municipal law, as
 added by chapter 74 of the laws of 2009, is amended to read as follows:
   1. A referendum required by sections 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.
   §  5.  Paragraph (a) of subdivision 2 and subdivision 5 of section 763
 of the general municipal law, as added by chapter  74  of  the  laws  of
 2009, are amended to read as follows:
   (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
   5.  The  referendum  on  the  question  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 pursuant to subdivision four of this  section,
 provided,  however,  that  in  cases  where  a town [or village] general
 election falls within  such  period,  the  referendum  question  may  be
 considered during a town [or village] general election.
   §  6.  Subdivision  4  of  section 775 of the general municipal law is
 REPEALED.
   § 7. Section 777 of the general municipal law is REPEALED.
   § 8. Section 778 of the general municipal law, as added by chapter  74
 of the laws of 2009, is amended to read as follows:
   §  778.  Effective date of dissolution plan. A local government entity
 dissolved pursuant to a dissolution plan shall continue to  be  governed
 as before dissolution until the effective date of the dissolution speci-
 fied  in  the  dissolution plan[; provided, however, that no dissolution
 plan for a village shall take effect unless approved by  a  majority  of
 electors  of  the  village  at  a referendum called through a resolution
 enacted pursuant to section seven hundred seventy-seven of this title].
   § 9. Subdivisions 1 and 3 of section 779 of the general municipal law,
 as added by chapter 74 of the laws of  2009,  are  amended  to  read  as
 follows:
   1.  The  electors  of a local government entity may commence a dissol-
 ution proceeding by filing an original  petition,  containing  not  less
 than  the  number  of signatures provided for in subdivision two of this

 A. 5636                             4
 
 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 containing the name, address and telephone number
 of an individual who signed the petition and who will serve as a contact
 person.
   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).
   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)
   §  10.  Subdivision  7  of section 779 of the general municipal law is
 REPEALED.

 A. 5636                             5

   § 11. Subdivision 4 of section 783 of the  general  municipal  law  is
 REPEALED.
   §  12. Paragraph (a) of subdivision 2 and subdivision 5 of section 785
 of the general municipal law, as added by chapter  74  of  the  laws  of
 2009, are amended to read as follows:
   (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
   5.  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 pursuant to subdivision four of this  section,
 provided,  however,  that  in  cases  where  a town [or village] general
 election falls within  such  period,  the  referendum  question  may  be
 considered during a town [or village] general election.
   § 13. Section 789 of the general municipal law is REPEALED.
   § 14.  Subdivisions 1 and 2 of section 174 of the town law, as amended
 by chapter 74 of the laws of 2009, are amended to read as follows:
   1.  (A) Whenever a fire district shall be established, within ten days
 thereafter the town board of the town in which such district is  located
 or,  in the case of a district including territory in two or more towns,
 the town boards of such towns acting jointly by a majority vote  of  the
 members  of  each  of such town boards, shall appoint five fire district
 commissioners and a treasurer for such district  who  shall  hold  their
 respective  offices until the thirty-first day of December next succeed-
 ing; provided, however, that if such district be established  subsequent
 to  the  first  day of October in any year, the officers so appointed by
 the town board shall hold office until the thirty-first day of  December
 of  the  next  succeeding  calendar  year. A person so appointed as fire
 district commissioner shall not serve as chief or assistant chief of the
 fire district fire department after taking his oath of  office  as  such
 commissioner and during the time he serves as such commissioner pursuant
 to  such  appointment.  The  town  clerk  shall  immediately  notify the
 appointees of their appointment and of the time and place which he shall
 fix for the organization meeting of the  board  of  fire  commissioners,
 which  meeting  shall be held not later than ten days after the appoint-
 ment of said officers. At such organization meeting, the treasurer shall
 preside until such time as a chairman of the board of fire commissioners
 shall be chosen, but such treasurer shall not be entitled to a  vote  at
 such  meeting. The board of fire commissioners shall appoint a secretary
 who shall hold office until the thirty-first day of  December  following
 the first election of fire district officers.
   (B)  WHENEVER TWO OR MORE FIRE DISTRICTS SHALL HAVE BEEN CONSOLIDATED,
 PURSUANT TO THIS ARTICLE, THE SEVERAL  COMMISSIONERS  OF  EACH  OF  SUCH
 DISTRICTS  SHALL  CONSTITUTE THE BOARD OF FIRE COMMISSIONERS THEREOF AND
 THE SEVERAL TREASURERS OF SUCH DISTRICTS  SHALL  SERVE  JOINTLY  AS  THE
 TREASURERS  OF SUCH CONSOLIDATED DISTRICT, UNTIL THE THIRTY-FIRST DAY OF
 DECEMBER NEXT SUCCEEDING THE FIRST ELECTION OF FIRE DISTRICT COMMISSION-
 ERS AND A TREASURER FOR SUCH CONSOLIDATED  DISTRICT,  HELD  PURSUANT  TO
 SUBDIVISION  TWO  OF  THIS  SECTION.  THE  TERMS  OF OFFICE OF SUCH FIRE
 DISTRICT OFFICERS OF THE SEVERAL DISTRICTS SO CONSOLIDATED SHALL  TERMI-
 NATE ON SAID THIRTY-FIRST DAY OF DECEMBER NEXT SUCCEEDING SUCH ELECTION.

 A. 5636                             6
 
   2.  The  first election of fire district officers shall be held on the
 second Tuesday in December next succeeding the establishment or  consol-
 idation  of such fire district; provided, however, that if such district
 be established OR CONSOLIDATED at a time subsequent to the first day  of
 October  in any year, the first election of fire district officers shall
 be held on the second Tuesday in the  month  of  December  of  the  next
 succeeding  calendar year. At the first annual election of fire district
 officers, five district commissioners shall be elected and a  treasurer.
 The person receiving the greatest number of votes for the office of fire
 commissioner  shall  be  elected  for  a  term of five years; the person
 receiving the second highest number of votes shall be elected for a term
 of four years; the person receiving the third highest  number  of  votes
 shall  be  elected  for  a term of three years; the person receiving the
 fourth highest number of votes shall be elected for a term of two  years
 and  the  person  receiving  the  fifth highest number of votes shall be
 elected for a term of one year. In the  event  that  two  persons  shall
 receive the same number of votes the terms of office shall be decided by
 lot. At each subsequent election of fire district officers a commission-
 er  shall  be elected for the full term of five years. In the event that
 two or more persons receive the same number of votes thereat, a  special
 election between the tying parties receiving the highest number of votes
 to  fill  the  vacancy  shall  be held within forty-five days after such
 election. The fire district treasurer shall be elected  for  a  term  of
 three  years. The fire district secretary shall be appointed by the fire
 district commissioners and shall serve for a period  of  one  year.  The
 fire  district  secretary  in  office  at the time such election is held
 shall immediately notify the officers elected of their election and that
 an organization meeting will be  held  on  the  day  specified  in  said
 notice,  which shall not be later than the fifteenth day of January next
 ensuing. At such organization meeting, the treasurer shall preside until
 such time as a chairman of the board  of  fire  commissioners  shall  be
 chosen, but such treasurer shall not be entitled to a vote at such meet-
 ing.
   §  15.  Subdivision  1  of  section 176 of the town law, as amended by
 chapter 74 of the laws of 2009, is amended to read as follows:
   1. Shall elect one of their members as chairman at the  first  meeting
 of fire commissioners after such district shall have been established OR
 CONSOLIDATED  and  annually  thereafter  at  the  first  meeting thereof
 following each election of fire district officers. Such  chairman,  when
 present,  shall preside at the meetings of the board of fire commission-
 ers. In the absence of the chairman the other members may designate  one
 of their members to act as temporary chairman.
   §  16.  Section 189-e of the town law, as amended by chapter 74 of the
 laws of 2009, is amended to read as follows:
   § 189-e. Management of affairs of joint fire districts. Subject to the
 restrictions hereinafter established, the property and affairs of  joint
 fire  districts  shall be under the management and control and in charge
 of a board of not less than three and not more than seven commissioners,
 appointed by the town board of the town or the town boards of the  towns
 and  the  board  of trustees of the village or the boards of trustees of
 the villages in joint session as hereinafter  provided,  or  elected  as
 provided  in  article  eleven  of  this chapter, as may be determined by
 resolution adopted at the meeting for the establishment of the  district
 in  the  same  manner  as  the  resolution  for the establishment of the
 district is adopted[; or as may be determined by a  joint  consolidation
 agreement  or  elector  initiated  consolidation plan in accordance with

 A. 5636                             7

 article seventeen-A of the general municipal law].  In case it is deter-
 mined that the commissioners shall be selected in the manner provided by
 article eleven of this chapter, the  appointments  as  provided  for  in
 subdivision  one  of  section  one  hundred seventy-four of this chapter
 shall be made by the town board, or, if the district includes  territory
 in  more than one town, by the town board of all of the towns at a joint
 session  held  at  one  location  within  the  district  and  thereafter
 elections  shall  be  held as provided in article eleven of this chapter
 except that the terms of  the  commissioners  shall  be  as  hereinafter
 provided. They shall be residents of such district and in case selection
 is  made as provided in article eleven of this chapter there shall be no
 other residential requirement, but otherwise if there are an even number
 of commissioners not more than half at any time shall  be  residents  of
 such village or villages and if there are an odd number, the number that
 are  residents  of  such village or villages shall not exceed the number
 that are residents of such  town  or  towns  by  more  than  one.  First
 appointments  hereunder  shall be made in the following manner: If there
 be three commissioners, the term of one shall expire one year, of anoth-
 er two years and of the other three years from  the  then  next  ensuing
 thirty-first  day  of  December,  and  thereafter one shall be appointed
 annually for a term of three years from the date of  the  expiration  of
 the term of his predecessor. If there be four commissioners, the term of
 one shall expire one year, of another two years, of another three years,
 and  of the other four years from the then next ensuing thirty-first day
 of December, and thereafter one shall be appointed annually for  a  term
 of  four years from the date of the expiration of the term of his prede-
 cessor. If there be five commissioners, the term of one shall expire one
 year, of another two years, of another  three  years,  of  another  four
 years,  and  of  the other five years from the then next ensuing thirty-
 first day of December, and thereafter one shall  be  appointed  annually
 for  a  term  of five years from the date of the expiration of a term of
 his predecessor. If there be six commissioners, the term  of  one  shall
 expire one year, of another two years, of another three years, of anoth-
 er  four  years, and of the remaining two, five years from the then next
 ensuing thirty-first day of December, and thereafter appointments  shall
 be  made for a term of five years from the date of the expiration of the
 term of each commissioner. If there be seven commissioners, the term  of
 one shall expire one year, of another two years, of another three years,
 and  of  two  of  the  others four years, and of the remaining two, five
 years from the then next ensuing thirty-first day of December, and ther-
 eafter appointments shall be made for a term of five years from the date
 of the expiration of the  term  of  each  commissioner.  Such  board  of
 commissioners  may  employ  necessary labor and assistants, at a compen-
 sation approved by such boards  in  joint  session.  Such  commissioners
 shall  receive  no  compensation  for their services, but they and their
 employees shall be allowed and paid their necessary expenses, payable as
 expenses of the district.
   § 17. Subdivision 2-a of section 2-254 of the village law, as  amended
 by chapter 74 of the laws of 2009, is amended to read as follows:
   2-a. If the limits of a village incorporated prior to the first day of
 April,  nineteen  hundred sixty-five are coterminous with the limits of,
 or wholly include the territory of, a district, the board of trustees of
 the village, by local law [or pursuant  to  the  provisions  of  article
 seventeen-A  of  the  general  municipal  law],  may  abolish  any  such
 district. In addition to any other notice required  in  connection  with
 the adoption of such local law generally, thirty days' written notice of

 A. 5636                             8
 
 the  hearing to be held in connection with such local law shall be given
 to the governing body of any such district and  to  the  town  clerk.  A
 certified  copy  of any such local law shall be served upon or mailed to
 such  governing  body  and clerk within five days following the adoption
 thereof. Except as otherwise provided in this section,  the  powers  and
 duties  of  the governing body of a district so abolished and of all the
 officers of the district in connection therewith shall cease and  deter-
 mine  upon the effective date of such local law and any board of commis-
 sioners, any office of commissioner and any other  office  of  any  such
 district shall also cease to exist at such time. No such local law shall
 become  effective except on the last day of a fiscal year of the town or
 district, as the case may be.
   § 18. Paragraph 21-a of section 2.00 of  the  local  finance  law,  as
 amended  by  chapter  74  of  the  laws  of  2009, is amended to read as
 follows:
   21-a. The term "full valuation", when used in relation to real proper-
 ty subject to taxation by a fire  district,  shall  mean  the  valuation
 which is derived by dividing the assessed valuation of the real property
 concerned,  as  shown by the last completed assessment roll for the fire
 district, by the town equalization rate established  by  the  authorized
 state  officer  or  agency for such roll. Where, in the case of a newly-
 created fire district, there is no completed assessment  roll  for  such
 fire  district,  full  valuation  shall  be  determined  from  the  last
 completed assessment roll upon which the real property  included  within
 the  district  was  assessed  for  town purposes prior to such creation.
 Where, after the boundaries of a fire district shall have  been  changed
 so  that  real  property  subject to taxation for fire district purposes
 shall have been thereby added to or subtracted from the area of the fire
 district, there is no completed assessment roll for the fire district as
 so changed, full valuation shall be determined from the  last  completed
 assessment  roll  upon  which  the  real  property  included in the fire
 district after such change was assessed prior to such change for town or
 fire district purposes, as the case may be. For the purpose of contract-
 ing indebtedness or for the purpose of preparing  debt  statements,  the
 assessment  rolls referred to in this [subdivision] PARAGRAPH shall mean
 such assessment rolls as completed, verified and filed by the assessors.
 Where two or more fire districts consolidate to form one  fire  district
 PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OF THE TOWN LAW, the consol-
 idated  fire  district, for the purpose of this [subdivision] PARAGRAPH,
 shall not be deemed a newly-created fire district, but shall  be  deemed
 an  existing  fire  district  and its full valuation shall be determined
 accordingly.
   § 19. Notwithstanding the provisions  of  article  5  of  the  general
 construction  law, the provisions of sections 172, 172-b, 172-d, 185 and
 189-c of the town law and sections 18-1806, 18-1808,  18-1810,  18-1812,
 18-1814,  18-1816 and 18-1818 and article 19 of the village law shall be
 revived and be read as such provisions existed in law on the date  imme-
 diately preceding the effective date of chapter 74 of the laws of 2009.
   §  20.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on the same  date  and  in  the  same
 manner as chapter 74 of the laws of 2009, as amended, took effect.