Amends the NY government reorganization and citizen empowerment act

Section 2 of the bill amends § 755 of the General Municipal Law to require that the consolidation of local government entities initiated by the entities' local governing bodies be approved by the local government entities' residents.

Section 3 of the bill amends § 757 of the General Municipal Law to clarify how the number of signatures needed to initiate consolidation proceedings is calculated. Also imposes a time period for collecting signatures to initiate consolidation proceedings.

Section 4 of the bill amends § 760 of the General Municipal Law to increase the time period to prepare elector initiated consolidation plan up to two years. In addition, requires information to be included in a consolidation plan necessary for voters to understand the implications of consolidation.

Section 5 of the bill amends § 763 of the General Municipal Law to require proposed consolidations of local government entities to be approved by the residents of those local government entities after the elector initiated consolidation plan has been developed and approved. In addition, requires referenda on consolidation plans to be held at the local government entity's normally scheduled election. Imposes a four-year moratorium on electorate initiated consolidations if the proposed consolidation is not approved.

Section 6 of the bill amends §§ 773 and 774 of the General Municipal Law to allow governing bodies of local government entities to initiate dissolution proceedings by adopting a resolution which commits the local government entity to developing a dissolution plan and putting it to a vote of the local government entity's residents. Requires a study commission to be formed to develop the dissolution plan. In addition, requires information to be included in a consolidation plan necessary for voters to understand the implications of consolidation.

Section 7 of the bill amends §§ 775, 776 and 777 of the General Municipal Law to conform with the change in that local governing body dissolution proceedings are initiated by adopting a resolution. Mandates that the dissolution of a local government entity by a local governing body be approved by the local government entity's residents. Imposes a four-year moratorium on electorate initiated dissolution if the proposed dissolution is not approved.

Section 8 of the bill amends § 779 of the General Municipal Law to prohibit an electorate petition initiating dissolution from being filed if the local governing body has already adopted a resolution pursuant to General Municipal Law § 774 initiating the dissolution. Clarifies how the number of signatures needed to initiate consolidation proceedings is calculated. Also imposes a time period for collecting signatures to initiate consolidation proceedings.

Section 9 of the bill amends § 782 of the General Municipal Law to require a study commission to be formed to develop the dissolution plan. Increases the time period to prepare elector initiated dissolution plan up to two years. In addition, requires information to be included in a dissolution plan necessary for voters to understand the implications of dissolving the local government entity.

Section 10 of the bill amends § 785 of the General Municipal Law to require proposed dissolutions of local government entities to be approved by the residents of those local government entities after the elector initiated dissolution plan has been developed and approved. In addition, requires referenda on dissolution plans to be held at the local government entity's normally scheduled election. Imposes a four-year moratorium on electorate initiated consolidations if the proposed consolidation is not approved.

Section 11 of the bill amends § 33-a of the Municipal Home Rule Law to require proposed dissolutions of local government entities initiated by a county to be put to a vote of the residents of each local government entity.

Justification

The New York Conference of Mayors (NYCOM), Association of Towns (AOT), Firemen's Association of the State of New York (FASNY), and the Association of Fire Districts of the State of New York (AFDSNY), have joined together to propose amendments which clarify the procedures for consolidating and dissolving local government entities and require that the consolidation or dissolution of any local government entity be subject to a mandatory referendum after the plan is developed. This will help prevent legal challenges to the local government entity attempting to consolidate or dissolve.

Legislative history

New Bill.

Effective date

This act shall take effect immediately.