Relates to consolidation and dissolution of local government entities

This legislation makes technical amendments and other changes to Chapter 74 to clarify some procedural questions, provide voters more information, and reduce costs associated with the consolidation and dissolution process. The goal of these changes is to make the review and implementation of reorganizations plans under Chapter 74 function with more clarity and efficiency.

Summary of provisions

* Date is specified by which number of voters is counted to calculate percentage of signature requirement for petitions under Chapter 74.

* Establishes that election dates for proposed consolidation or dissolution referenda shall be on the November regular election date or the regular village election date; petition submission deadlines would correspond to submission deadlines for those elections; provides for a longer period of time to obtain signatures for consolidation or dissolution petitions, sixty days, rather than the thirty-seven days provided for candidate petitions.

* Provides that an outline of a tentative plan or prospectus of a elector initiated consolidation or dissolution proposal be submitted at the time of filing petitions to provide voters more information regarding the referendum.

* Changes the time allowed for research and drafting of the implementation plan for a consolidation or dissolution after voter approval from 6 months to 15 months.

* Provides parity in petitioning rules between initial consolidation or dissolution referenda and second vote process. (signature requirement - 10%, days to obtain signatures - 60 days)

* Consolidation or dissolution process initiated by local government shall not be interrupted by petition-initiated proposals except in cases where the government initiated proposal's planning process is

longer than 15 months. In those cases petition initiated proposals are not barred.

Existing law and background

Date is specified by which number of voters is counted to calculate percentage of signature requirement for petitions under Chapter 74 For purposes of this calculation the date of the last November election shall be used.

Dates for proposed consolidation or dissolution referenda; petition submission deadlines This legislation establishes two dates when consolidation and dissolution referenda could take place each year, the regular November general election date or the regular village election date. The legislation also standardizes the petition circulation period for elector initiated to correspond to the deadline for submitting petitions for November and village elections but provides for a 60day window to circulate petitions rather than the 37-day window provided for November election signature gathering.

Chapter 74 allows elector initiated votes to take place at any time of the year which would provide added cost to taxpayers for holding special elections. Turnout for special elections is uniformly lower than regular elections so that the change included in this legislation will allow for greater voter participation in consolidation and dissolution votes. In addition, by targeting consolidation and dissolution votes statewide on two election dates it will bring more public attention to reorganization initiatives. The concern had also been expressed that under Chapter 74 votes could be planned for dates, such as the summer, where voter turnout would be very low resulting in outcomes not reflective of significant citizen input.

Outline of tentative plan or prospectus for consolidation or dissolution proposals This legislation provides for a tentative plan or prospectus outline for elector initiated consolidation and dissolution votes. Chapter 74 does not require a plan be presented for when an initial elector initiated consolidation and dissolution vote is taken. While a full plan would be a barrier to placing initiatives on the ballot this legislation requires a brief outline of what the sponsors expect the framework of the reorganization to be. This information would enhance the public dialogue before a referendum and provide voters with more detail to base their decision. The full details of the reorganization would still be developed after voter approval in the process outlined in Chapter 74.

Length of time for implementation plan

This legislation expands the window for development of the consolidation or dissolution plan from six months to fifteen months. NYCOM reports that municipally sponsored plans generally take at least a year to research, determine contractual and other obligations that require transition and draft. A year and quarter window allows for a reasonable period of time to address complex transition issues but does not preclude earlier implementation where feasible.

Parity in petitioning rules To provide supporters and opponents of a citizen-sponsored reorganization equal standing in the process this legislation makes the rules for petitioning the same for first and second vote efforts, sixty days to obtain signatures, 10% of the registered voters to trigger a referendum. Chapter 74 omitted any calendar for obtaining signatures for the first vote and signatures of 10% of the voters and provided 45 days to collect signatures of 25% of the Voters for a second vote.

Consolidation or dissolution process initiated by local government shall not be interrupted by petition-initiated proposals This legislation clarifies that a reorganization initiated by local government entities would be completed before new petition-initiated reorganization could be commenced. To have multiple reorganizations proceeding Simultaneously Would be expensive for taxpayers and confusing for voters. An exception to this provision is included in this legislation to provide that where consolidation or dissolution initiated by a local government entity includes a post referendum planning process that is to take more the a year and a quarter, voter initiated petition proposals would not be barred.

Justification

Chapter 74 provided a much needed consolidation and reform of New York's rules for consolidation and dissolution of local government entities. This legislation provides clarity, consistency, and more information to the voters in ways that will allow the law to function more effectively.

Fiscal implications

None to New York State. Savings anticipated for local governments by holding referenda votes on regular election days and by clarifying provisions of the law.

Effective date

This act shall take effect on the thirtieth day after it shall have become law; provided , however, that any signatures made on petitions for consolidation or dissolution which are initiated prior to such effective date and which are otherwise valid shall be counted.