Senate Bill S2051

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2051
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- 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 the process of
   annexation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision 1 of section 704 of the general municipal law,
 as amended by chapter 190 of the laws of 2012, is  amended  to  read  as
 follows:
   1. In the event it is proposed to annex territory, the governing board
 or boards of the local government or governments to which it is proposed
 to  annex  such  territory  and  the  governing  board  or boards of the
 affected local government or governments  in  which  such  territory  is
 situated  shall,  within  twenty  days  after  receipt  of a petition or
 adoption of a joint  resolution  to  initiate  annexation,  respectively
 cause a notice to be published once in its or their official newspapers,
 or,  if  there be no official newspaper, in a newspaper published in the
 county and having general circulation within  the  area  of  such  local
 government  or  governments,  as the case may be. The governing board of
 each affected local government in which such territory is situated  also
 shall  cause a copy of such notice to be mailed to each person or corpo-
 ration owning real property in such  territory  as  shown  by  the  last
 preceding  assessment roll and to all persons residing in such territory
 qualified to vote for officers of the city, town or village, as the case
 may be, in which such territory is situated as their names  appear  upon
 the  register  of voters for the last preceding general election. [Where
 the territory to be annexed  is  situated  wholly  or  partly  within  a
 village,  the governing board of such village and the governing board of
 a town or towns in which such territory is wholly or partly situated may
 provide by agreement for joint publication and mailing of such  notice.]
 THE  GOVERNING BOARDS OF ANY TWO OR MORE MUNICIPALITIES, OR THE SUPERVI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05123-01-7

 S. 2051                             2
 
 SOR OR SUPERVISORS AND/OR MAYOR OR MAYORS THEREOF, MAY PROVIDE FOR JOINT
 PUBLICATION AND MAILING OF THIS OR ANY OTHER NOTICE REQUIRED PURSUANT TO
 THIS ARTICLE PROVIDED THAT THE NEWSPAPER OF PUBLICATION IS ONE OF GENER-
 AL  CIRCULATION  IN ALL SUCH MUNICIPALITIES. Failure to mail such notice
 or failure of any addressee to receive the same shall not in any  manner
 affect  the  validity  of  the  petition or joint resolution to initiate
 annexation of territory or of any  proceedings  taken  thereon  provided
 that  the  municipalities  that  adopted  a joint resolution to initiate
 annexation have demonstrated a good faith attempt to mail such notice to
 each person or corporation owning real  property  as  required  by  this
 section.  Such  notice shall state that a petition for the annexation of
 territory or a joint resolution to initiate annexation of  territory  to
 the  local  government  or  governments  (naming  it or them and briefly
 describing the territory  proposed  to  be  annexed  thereto)  has  been
 proposed,  that at a specified place in one of such local governments on
 a specified day not less than twenty days nor more than forty days after
 the publication and mailing of such notice, which place and  date  shall
 be  specified therein, a joint hearing will be had upon such petition or
 joint resolution to initiate annexation by such governing  boards.  Each
 of  such governing boards shall cause a copy of such notice to be mailed
 not less than ten days prior to the date of such joint  hearing  to  the
 school  authorities  of  any school district in which all or part of the
 territory proposed to be annexed is situated and, where it  is  proposed
 to  annex  territory  to a city, to the school authorities of any school
 district (a) adjoining the territory proposed  to  be  annexed  and  (b)
 located wholly or partly within such city. Each of such governing boards
 shall  also  cause  a copy of such notice to be posted on the website of
 the local government, if one exists.
   § 2. This act shall take effect immediately.