Amends the NY government reorganization and citizen empowerment act; repealer

1 Co-sponsor

• George Latimer

BILL NUMBER:S2400

Title of bill

An act to amend the general municipal law and the municipal home rule law, in relation to the requirements for consolidating or dissolving certain local government entities and to repeal sections 758, 759, 780 and 781 of the general municipal law relating thereto

Purpose

This legislation would make clarifying chapter amendments to the NY Government Reorganization and Citizen Empowerment Act, regarding post plan mandatory referendums for consolidating and dissolving local government entities.

Summary of specific provisions

This bill would amend the general municipal law to:

1. Require the information necessary for voters to understand the implications of consolidation to be included in the consolidation plan.

2. Require that when the governing bodies of local government entities initiate the consolidation of such entities, that this consolidation must be approved by the residents of such entities through referendum.

3. Provide for the number of signatures needed to initiate consolidation proceedings, and specify time periods for collecting signatures to initiate such consolidation proceedings.

4. Increase the time period to prepare elector initiated consolidation plan up to two years.

5. Require that:

a. Proposed consolidations of local government entities must be approved by the residents of those local government entities after the elector initiated consolidation plan has been developed and approved;

b. Referenda on consolidation plans must be held at the local government entity's normally scheduled election; and

c. A four year resubmission process on electorate initiated consolidations must be instituted if the proposed consolidation is not approved by the voters.

6. Require the governing bodies of local government entities to initiate dissolution proceedings by adopting a resolution which would commit to developing a dissolution plan and putting it up for a vote of such entity's residents, and to require a study commission to be formed for the development of dissolution plans.

7. Provide conforming changes regarding local governing body dissolution proceedings initiated by resolution adoption.

8. Prohibit the filing an electorate petition initiating dissolution if the local governing body has already adopted a resolution pursuant to General Municipal Law initiating the dissolution.

9. Require a study commission to be formed to develop the dissolution plan. This bill would additionally amend the Municipal Home Rule Law to require that all proposed dissolutions of local government entities initiated by a county must be put to a vote of the residents of each local government entity.

Justification

The New York Government and Citizen Empowerment Act provided for new procedures and processes for the consolidation of governments and reduction of duplicative government services. Since its enactment, however, the New York Conference of Mayors, the Association of Towns, the Firemen's Association of the State of New York, and the Association of Fire Districts of the State of New York, have all requested conforming amendments which would both expressly specify the procedures for consolidating and dissolving local government entities, and expressly clarify that any such consolidation or dissolution must be subject to a mandatory referendum.

These conforming amendments will help prevent legal challenges to the local government entity seeking to consolidate or dissolve, and would promote the effective and efficient duplication of services. This bill, which would amend The New York Government and Citizen Empowerment Act to make such clarifying chapter amendments, would strengthen the legal foundations and effectiveness of the statute and promote the implementation of meaningful taxpayer savings.

Legislative history

S.2229 (2014) S.1824-A (2012)

Fiscal implications

This bill would promote savings to taxpayers.

Effective date

Immediately.