Amends the NY government reorganization and citizen empowerment act, relating to the requirements for consolidation or dissolution of certain local government entities.

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S1824-2011 Actions

• Jun 20, 2012: referred to local governments
• Jun 20, 2012: DELIVERED TO ASSEMBLY
• Jun 20, 2012: PASSED SENATE
• Mar 19, 2012: ADVANCED TO THIRD READING
• Mar 15, 2012: 2ND REPORT CAL.
• Mar 14, 2012: 1ST REPORT CAL.356
• Feb 17, 2012: PRINT NUMBER 1824A
• Feb 17, 2012: AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• May 2, 2011: referred to local governments
• May 2, 2011: DELIVERED TO ASSEMBLY
• May 2, 2011: PASSED SENATE
• Feb 1, 2011: ADVANCED TO THIRD READING
• Jan 31, 2011: 2ND REPORT CAL.
• Jan 25, 2011: 1ST REPORT CAL.38
• Jan 13, 2011: REFERRED TO LOCAL GOVERNMENT

S1824-2011 Meetings

Local Government: Jan 25, 2011

S1824-2011 Calendars

Active List: May 2, 2011 , Floor Calendar: Jan 31, 2011 , Floor Calendar: Feb 1, 2011 , Floor Calendar: Feb 7, 2011 , Floor Calendar: Feb 8, 2011 , Floor Calendar: Feb 14, 2011 , Floor Calendar: Feb 15, 2011 , Floor Calendar: Feb 28, 2011 , Floor Calendar: Mar 1, 2011 , Floor Calendar: Mar 2, 2011 , Floor Calendar: Mar 3, 2011 , Floor Calendar: Mar 7, 2011 , Floor Calendar: Mar 8, 2011 , Floor Calendar: Mar 9, 2011 , Floor Calendar: Mar 10, 2011 , Floor Calendar: Mar 14, 2011 , Floor Calendar: Mar 15, 2011 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011 , Floor Calendar: Mar 22, 2011 , Floor Calendar: Mar 23, 2011 , Floor Calendar: Mar 24, 2011 , Floor Calendar: Mar 28, 2011 , Floor Calendar: Mar 29, 2011 , Floor Calendar: Mar 30, 2011 , Floor Calendar: Mar 31, 2011 , Floor Calendar: Apr 4, 2011 , Floor Calendar: Apr 5, 2011 , Floor Calendar: Apr 6, 2011 , Floor Calendar: Apr 11, 2011 , Floor Calendar: Apr 12, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011

S1824-2011 Votes

S1824-2011 Memo

BILL NUMBER:S1824

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

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:
This is a new bill for 2011.

FISCAL IMPLICATIONS:
This bill would promote savings to taxpayers.

EFFECTIVE DATE:
Immediately.

S1824-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1824

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 13, 2011
                                 ___________

  Introduced  by  Sen. MARTINS -- 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 and the  municipal  home  rule
    law,  in  relation to the requirements for consolidating or dissolving
    certain local government entities

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. Subdivision 2 of section 752 of the general municipal law,
  as added by chapter 74 of the laws  of  2009,  is  amended  to  read  as
  follows:

    2. The proposed joint consolidation agreement shall specify:

    (a) the name of each local government entity to be consolidated;
    (b)  the  name  of  the proposed consolidated local government entity,
  which name shall be such as to distinguish it from the name of any other
  like unit of government in the state of New York (except the name of any
  one of the entities to be consolidated);
    (c) the rights, duties and obligations of  the  proposed  consolidated
  local government entity;
    (d)  the  territorial  boundaries  of  the proposed consolidated local
  government entity;
    (e) the type and/or class of the proposed consolidated  local  govern-
  ment entity;
    (f)  the  governmental organization of the proposed consolidated local
  government entity insofar as it concerns elected and appointed officials
  and public employees, along with a transitional plan  and  schedule  for
  elections and appointments of officials;
    (g) a fiscal estimate of the cost of and savings which may be realized
  from consolidation, INCLUDING BUT NOT LIMITED TO:

    (I) INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE;

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01531-01-1

 S. 1824                             2

    (II)  DISCONTINUING  AND/OR  RESTRUCTURING THE PROVISION OF PARTICULAR
  SERVICES, AND THE EXTENT TO  WHICH  DISCONTINUING  AND/OR  RESTRUCTURING
  SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH CONSOLIDATION;
    (III) THE ELIMINATION OF ELECTED OFFICES;
    (IV)  INCREASED  AID  FROM THE STATE TO THE RESULTING LOCAL GOVERNMENT
  ENTITY; AND
    (V) THE EXTENT TO WHICH SERVICES WILL NO LONGER  BE  PROVIDED  THROUGH
  THE USE OF VOLUNTEERS;
    (h)  THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
  LOCATED IN THE LOCAL GOVERNMENT ENTITIES TO BE CONSOLIDATED;
    (I) WHETHER THE  CONSOLIDATION  WILL  RESULT  IN  A  NET  INCREASE  OR
  DECREASE  IN  THE  STATE'S  LOCAL  GOVERNMENT  ENTITIES  AS THAT TERM IS
  DEFINED IN THIS ARTICLE;
    (J) each entity's assets, including, but  not  limited  to,  real  and
  personal  property,  and  the fair value thereof in current money of the
  United States;
    [(i)] (K) each  entity's  liabilities  and  indebtedness,  bonded  and
  otherwise,  and  the  fair  value thereof in current money of the United
  States;
    [(j)] (L) terms for the disposition of  existing  assets,  liabilities
  and  indebtedness of each local government entity, either jointly, sepa-
  rately or in certain defined proportions;
    [(k)] (M) terms for the common administration and uniform  enforcement
  of  local laws, ordinances, resolutions, orders and the like, within the
  proposed consolidated local government entity, consistent  with  section
  seven hundred sixty-nine of this title;
    [(l)] (N) the effective date of the proposed consolidation; and
    [(m)] (O) the time and place or places for the public hearing or hear-
  ings  on such proposed joint consolidation agreement pursuant to section
  seven hundred fifty-four of this title.
    S 2. Section 755 of the general municipal law, as added by chapter  74
  of the laws of 2009, is amended to read as follows:

    S 755. Referendum resolution for consolidation [of towns or villages].
  1.  [If  a  joint consolidation agreement calls for the consolidation of
  two or more towns, two or  more  villages  or  one  or  more  towns  and
  villages,  then contemporaneous] CONTEMPORANEOUS with the final approval
  of the joint consolidation agreement pursuant to  subdivision  three  of
  section  seven  hundred  fifty-four of this title, the governing body or
  bodies of the local government entities to be consolidated shall enact a
  resolution calling for a referendum on the proposed consolidation by the
  electors in each of the entities.
    2. The resolution calling for the referendum on the  proposed  consol-
  idation shall:

    (a)  provide (i) the name of each [of the towns and/or villages] LOCAL
  GOVERNMENT ENTITY proposed to be consolidated, (ii)  a  statement  fully
  describing the territory to be included within the proposed consolidated
  local  government  entity,  (iii)  the name of the proposed consolidated
  local government entity, and  (iv)  the  date  for  the  referendum,  in
  accordance  with subdivision one of section seven hundred fifty-eight of
  this title;
    (b) state the substance of the question to be submitted to  the  elec-
  tors; and
    (c)  set forth such other matters as may be necessary to call, provide
  for and give notice of the referendum and to  provide  for  the  conduct
  thereof and the canvass of the returns thereupon.

 S. 1824                             3

    3.  The  resolution  calling  for a referendum on the proposed consol-
  idation shall have attached to it the  final  approved  version  of  the
  joint consolidation agreement.
    S  3.  Subdivision  2  of section 757 of the general municipal law, as
  added by chapter 74 of the laws of 2009, is amended to read as follows:

    2. The petition shall contain [the] signatures [of] EQUAL TO at  least
  ten  percent  of  the number of electors AT THE LAST GENERAL ELECTION OF
  THE LOCAL GOVERNMENT ENTITY or five thousand  [electors],  whichever  is
  less,  in  each  local  government  entity to be consolidated; provided,
  however, that where the  local  government  entity  to  be  consolidated
  contains  five  hundred  or  fewer  electors, the petition shall contain
  [the] signatures [of] EQUAL TO at least twenty percent of the number  of
  electors AT THE LAST GENERAL ELECTION OF THE LOCAL GOVERNMENT ENTITY. No
  signature  on a petition is valid unless it is the original signature of
  an elector AND SIGNED WITHIN SIXTY DAYS OF THE PETITION BEING FILED WITH
  THE CLERK.
    S 4. Section 760 of the general municipal law, as added by chapter  74
  of the laws of 2009, is amended to read as follows:

    S  760. Duty to approve proposed elector initiated consolidation plan.
  1. In the case of a proposed consolidation of local government  entities
  properly  initiated  by  petition  of electors pursuant to section seven
  hundred fifty-seven of this title, if a majority of the electors  voting
  in  a  referendum  held  in  each of the local government entities to be
  consolidated vote in favor of  consolidation,  the  entities'  governing
  body  or bodies shall meet within thirty days after certification of the
  favorable vote [and, within one hundred eighty  days  of  such  meeting,
  prepare  and  approve by resolution a proposed elector initiated consol-
  idation plan].
    2. WITHIN TWELVE MONTHS OF A MEETING OF THE LOCAL  GOVERNING  BODY  OR
  BODIES  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE LOCAL GOVERNING
  BODY OR BODIES MUST PREPARE AND APPROVE  A  PROPOSED  ELECTOR  INITIATED
  CONSOLIDATION  PLAN.   THE LOCAL GOVERNING BODY OR BODIES MAY EXTEND THE
  TIME TO COMPLETE THE CONSOLIDATION PLAN BY NINETY-DAY INTERVALS  FOR  UP
  TO ONE ADDITIONAL YEAR.
    3. The proposed elector initiated consolidation plan shall include:

    (a) the name of each local government entity to be consolidated;
    (b) the name of what will be the consolidated local government entity,
  which name shall be such as to distinguish it from the name of any other
  like unit of government in the state of New York (except the name of any
  one of the entities to be consolidated);
    (c)  the  rights,  duties  and  obligations  of the consolidated local
  government entity;
    (d) the territorial boundaries of the  consolidated  local  government
  entity;
    (e) the type and/or class of the consolidated local government entity;
    (f) the governmental organization of the consolidated local government
  entity insofar as it concerns elected and appointed officials and public
  employees, along with a transitional plan and schedule for elections and
  appointments of officials;
    (g) a fiscal estimate of the cost of and savings which may be realized
  from consolidation, INCLUDING BUT NOT LIMITED TO:

    (I) INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE;
    (II)  DISCONTINUING  AND/OR  RESTRUCTURING THE PROVISION OF PARTICULAR
  SERVICES, AND THE EXTENT TO  WHICH  DISCONTINUING  AND/OR  RESTRUCTURING
  SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH CONSOLIDATION;
    (III) THE ELIMINATION OF ELECTED OFFICES;

 S. 1824                             4

    (IV)  INCREASED  AID  FROM THE STATE TO THE RESULTING LOCAL GOVERNMENT
  ENTITY; AND
    (V)  THE  EXTENT  TO WHICH SERVICES WILL NO LONGER BE PROVIDED THROUGH
  THE USE OF VOLUNTEERS;
    (h) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE  TAXPAYERS
  LOCATED IN THE LOCAL GOVERNMENT ENTITIES TO BE CONSOLIDATED;
    (I)  WHETHER  THE  CONSOLIDATION  WILL  RESULT  IN  A  NET INCREASE OR
  DECREASE IN THE STATE'S  LOCAL  GOVERNMENT  ENTITIES  AS  THAT  TERM  IS
  DEFINED IN THIS ARTICLE;
    (J)  each  entity's  assets,  including,  but not limited to, real and
  personal property, and the fair value thereof in current  money  of  the
  United States;
    [(i)]  (K)  each  entity's  liabilities  and  indebtedness, bonded and
  otherwise, and the fair value thereof in current  money  of  the  United
  States;
    [(j)]  (L)  terms  for the disposition of existing assets, liabilities
  and indebtedness of each local government entity, either jointly,  sepa-
  rately or in certain defined proportions;
    [(k)]  (M) terms for the common administration and uniform enforcement
  of local laws, ordinances, resolutions, orders and the like, within  the
  consolidated  local  government  entity,  consistent  with section seven
  hundred sixty-nine of this title;
    [(l)] (N) the effective date of the consolidation; and
    [(m)] (O) the time and place or places for the public hearing or hear-
  ings on such proposed elector initiated consolidation plan  pursuant  to
  section seven hundred sixty-two of this title.
    S  5. Section 763 of the general municipal law, as added by chapter 74
  of the laws of 2009, is amended to read as follows:

    S 763. [Effective date of] REFERENDUM ON THE elector initiated consol-
  idation plan[; permissive referendum].  1.  [Local  government  entities
  consolidated  pursuant  to  an elector initiated consolidated plan shall
  continue to be governed as before consolidation until the effective date
  of the consolidation specified in such plan, which date shall be no less
  than forty-five days after final  approval  of  such  plan  pursuant  to
  subdivision three of section seven hundred sixty-two or subdivision four
  of section seven hundred sixty-four of this title.
    2.  Notwithstanding  subdivision one of this section, the] THE elector
  initiated consolidation plan shall not take effect [if,  no  later  than
  forty-five  days  after  final  approval thereof pursuant to subdivision
  three of section seven hundred sixty-two or subdivision four of  section
  seven  hundred  sixty-four of this title, electors of a local government
  entity to be consolidated pursuant to such plan shall:
    (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
    (b) thereafter less than] UNLESS a majority of the electors  in  [the]
  EACH entity vote in the affirmative on such question at a referendum.
    [3.  The  petition  shall  be  circulated, signed and authenticated in
  substantial compliance with the  provisions  of  section  seven  hundred
  fifty-seven  of  this  title,  shall  contain the signatures of at least
  twenty-five percent of the number of electors or fifteen thousand  elec-
  tors,  whichever  is  less, in the local government entity to be consol-

 S. 1824                             5

  idated, and shall be accompanied by 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.
    4.  Within ten days of the filing of the petition seeking a referendum
  on whether the elector initiated dissolution plan shall take effect, the
  clerk with whom the petition was filed shall make a final  determination
  regarding  the  sufficiency  of the number of signatures on the petition
  and provide timely written notice of such determination to  the  contact
  person  named  in the cover sheet accompanying the petition. The contact
  person or any individual who  signed  the  petition  may  seek  judicial
  review  of such determination in a proceeding pursuant to article seven-
  ty-eight of the civil practice law and rules. Upon the clerk's  determi-
  nation  that  the  petition contains no less than the required number of
  signatures, the governing body of the local government entity  to  which
  such  petition applies shall within thirty days enact a resolution call-
  ing for a referendum by the electors of  such  entity  on  the  question
  whether  to  approve  the elector initiated consolidation plan and set a
  date for such referendum in accordance with  subdivision  five  of  this
  section.
    5.] 2. The referendum on the question OF 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]  THE  LOCAL
  GOVERNMENT  ENTITY'S  NEXT  GENERAL  ELECTION OR AT THE NEXT ELECTION TO
  FILL A VACANCY IN OFFICE FOR A  LOCAL  ELECTED  OFFICIAL  OF  THE  LOCAL
  GOVERNMENT  ENTITY, WHICHEVER IS SOONER, BUT IN NO CASE MAY THE REFEREN-
  DUM BE HELD SOONER THAN FORTY-FIVE days after enactment of a  resolution
  pursuant  to subdivision [four] THREE of this section[, provided, howev-
  er, 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.] 3. Notice of the referendum shall be given to the electors of the
  local government entity to which the petition applies by publication  in
  a  newspaper  having  a general circulation within the boundaries of the
  entity at least once a week for four consecutive weeks immediately prior
  to the referendum. The notice shall include, but not be limited to:

    (a) a summary of the contents of the resolution and elector  initiated
  consolidation plan;
    (b)  a  statement as to where may be examined a copy of the resolution
  and elector initiated consolidation plan;
    (c) the time and place or places at which the referendum will be held,
  in accordance with subdivision [five] TWO of this section; and
    (d) such other matters as may be necessary to call,  provide  for  and
  give notice of the referendum and to provide for the conduct thereof and
  the canvass of the returns thereupon.
    [7.]  4. In a referendum held pursuant to this section, the referendum
  question shall be placed before the electors  of  the  local  government
  entity  to which the petition applies in a form reading substantially as
  follows:

    "The voters of the (insert type and  name  of  each  local  government
  entity  to which the consolidation plan applies) having previously voted
  to consolidate, shall the  elector  initiated  consolidation  plan  take
  effect?
    YES ____
    NO _____"
    [8.] 5. The elector initiated consolidation plan shall not take effect
  unless  a majority of the electors voting in the local government entity

 S. 1824                             6

  to which the petition applies vote in favor of such plan taking  effect.
  If  such  a majority vote does not result, the referendum shall fail and
  consolidation shall not take effect.
    6.  IF  THE REFERENDUM SHALL FAIL, THE CONSOLIDATION PROCESS SPECIFIED
  BY THIS TITLE SHALL NOT BE INITIATED FOR THE LOCAL  GOVERNMENT  ENTITIES
  BY  ELECTORATE PETITION PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SEVEN OF
  THIS TITLE WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM.
    S 6. Paragraph (a) of subdivision 2 of  section  773  of  the  general
  municipal law, as added by chapter 74 of the laws of 2009, is amended to
  read as follows:

    (a)  a resolution of the governing body of the local government entity
  to be dissolved [endorsing a proposed dissolution plan]; or
    S 7. Section 774 of the general municipal law, as added by chapter  74
  of the laws of 2009, is amended to read as follows:

    S  774.  Proposed  dissolution  plan. 1. The governing body of a local
  government entity may, by resolution, [endorse  a  proposed  dissolution
  plan  for  the  purpose of commencing dissolution proceedings under this
  article] INITIATE A DISSOLUTION PROCEEDING BY FORMING  A  COMMISSION  TO
  STUDY,  FORMULATE  A  PLAN  FOR,  AND MAKE RECOMMENDATIONS REGARDING THE
  DISSOLUTION AND TERMINATION OF A LOCAL GOVERNMENT ENTITY.
    2. THE COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION
  MAY HAVE ANY NUMBER OF MEMBERS THE LOCAL GOVERNING BODY DETERMINES TO BE
  BENEFICIAL  FOR  DEVELOPING A DISSOLUTION PLAN WITH THE REQUIREMENT THAT
  THE COMMISSION MUST, IN ADDITION  TO  APPOINTMENTS  MADE  BY  THE  CHIEF
  ELECTED  OFFICER  THAT  ARE  SUBJECT  TO  THE GOVERNING BODY'S APPROVAL,
  INCLUDE THE CHIEF ELECTED OFFICIAL (OR IN THE CASE OF A SPECIAL DISTRICT
  OR FIRE DISTRICT, THE CHAIRMAN OF THE BOARD  OF  COMMISSIONERS)  OF  THE
  LOCAL  GOVERNMENT  ENTITY,  ONE  MEMBER OF THE LOCAL GOVERNMENT ENTITY'S
  GOVERNING BODY TO BE SELECTED BY A MAJORITY VOTE OF THE  GOVERNING  BODY
  (OR  IN  THE  CASE  OF A SPECIAL DISTRICT OR FIRE DISTRICT, THE BOARD OF
  COMMISSIONERS MUST SELECT NO LESS THAN  ONE  COMMISSIONER  OR  REPRESEN-
  TATIVE),  AND  THE  SUPERVISOR  OF  THE TOWN OR TOWNS IN WHICH THE LOCAL
  GOVERNMENT ENTITY IS LOCATED.
    3. THE COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION
  MAY FORM SUB-COMMITTEES AND CONDUCT COMMUNITY FORUMS AND PUBLIC HEARINGS
  DEEMED  NECESSARY  TO  DEVELOP  A DISSOLUTION PLAN. IT SHALL BE A PROPER
  PUBLIC PURPOSE FOR THE GOVERNING BODY OF THE LOCAL GOVERNMENT ENTITY  TO
  APPROPRIATE  MONEY  FOR  NECESSARY  EXPENSES  RELATED  TO  STUDYING  THE
  PROPOSED DISSOLUTION AND DEVELOPING A DISSOLUTION PLAN.  THE  COMMISSION
  SHALL  BE A PUBLIC BODY WITHIN THE MEANING OF SECTION ONE HUNDRED TWO OF
  THE PUBLIC OFFICERS LAW. MEMBERS OF THE COMMISSION ARE REQUIRED TO  FILE
  AN OATH OF OFFICE WITH THE CLERK OF THE LOCAL GOVERNMENT ENTITY.
    4. WITHIN TWELVE MONTHS OF THE FORMATION OF A COMMISSION FORMED PURSU-
  ANT TO SUBDIVISION ONE OF THIS SECTION, THE COMMISSION SHALL PREPARE AND
  APPROVE A PROPOSED DISSOLUTION PLAN. THE LOCAL GOVERNING BODY MAY EXTEND
  THE TIME TO COMPLETE THE DISSOLUTION PLAN BY NINETY-DAY INTERVALS FOR UP
  TO ONE ADDITIONAL YEAR UPON THE REQUEST OF THE COMMISSION.
    5. The proposed dissolution plan shall specify:

    (a) the name of the local government entity to be dissolved;
    (b) the territorial boundaries of the entity;
    (c) the type and/or class of the entity;
    (d) a fiscal estimate of the cost of dissolution;
    (e) any plan for the transfer or elimination of public employees;
    (f)  the  entity's  assets,  including  but  not  limited  to real and
  personal property, and the fair value thereof in current  money  of  the
  United States;

 S. 1824                             7

    (g)  the  entity's liabilities and indebtedness, bonded and otherwise,
  and the fair value thereof in current money of the United States;
    (h)  any  agreements  entered into with the town or towns in which the
  entity is situated in order to carry out the dissolution;
    (i) the manner and means by which the residents  of  the  entity  will
  continue  to  be  furnished  municipal  services  following the entity's
  dissolution;
    (j) terms for the disposition of the entity's assets and the  disposi-
  tion  of  its  liabilities  and  indebtedness,  including  the  levy and
  collection of the necessary taxes and assessments therefor;
    (k) findings as to whether any local laws, ordinances, rules or  regu-
  lations of the entity shall remain in effect after the effective date of
  the  dissolution  or  shall  remain in effect for a period of time other
  than as provided by section seven hundred eighty-nine of this title;
    (l) the effective date of the proposed dissolution;
    (m) the time and place or places for a public hearing or  hearings  on
  the  proposed  dissolution plan pursuant to section seven hundred seven-
  ty-six of this title; [and]
    (n) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE  TAXPAYERS
  LOCATED IN THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
    (O)  THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
  OF THE TOWN OUTSIDE OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
    (P) A FISCAL ESTIMATE OF THE COST OF AND SAVINGS WHICH MAY BE REALIZED
  FROM DISSOLUTION, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

    (I) INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE;
    (II) DISCONTINUING AND/OR RESTRUCTURING THE  PROVISION  OF  PARTICULAR
  SERVICES,  AND  THE  EXTENT  TO WHICH DISCONTINUING AND/OR RESTRUCTURING
  SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH DISSOLUTION;
    (III) THE ELIMINATION OF ELECTED OFFICES;
    (IV) INCREASED AID FROM THE STATE TO THE  RESULTING  LOCAL  GOVERNMENT
  ENTITY; AND
    (V)  THE  EXTENT  TO WHICH SERVICES WILL NO LONGER BE PROVIDED THROUGH
  THE USE OF VOLUNTEERS;
    (Q) WHETHER THE DISSOLUTION WILL RESULT IN A NET INCREASE OR  DECREASE
  IN THE STATE'S LOCAL GOVERNMENT ENTITIES AS THAT TERM IS DEFINED IN THIS
  ARTICLE; AND
    (R)  any  other matter desirable or necessary to carry out the dissol-
  ution.
    6. A PUBLIC HEARING SHALL BE HELD ON THE FINALIZED PLAN AFTER AT LEAST
  SEVEN DAYS NOTICE, PUBLISHED IN A NEWSPAPER WITH GENERAL CIRCULATION  IN
  THE  LOCAL  GOVERNMENT ENTITY. AFTER CONDUCTING SUCH PUBLIC HEARING, THE
  COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION MUST  FILE
  A  FINALIZED  DISSOLUTION  PLAN  AND THE COMMISSION'S RECOMMENDATIONS ON
  WHETHER TO DISSOLVE THE LOCAL GOVERNMENT ENTITY WITH THE CLERK  OF  SUCH
  LOCAL GOVERNMENT ENTITY WHO MUST IMMEDIATELY DELIVER THE PLAN AND RECOM-
  MENDATIONS TO THE LOCAL GOVERNMENT ENTITY'S GOVERNING BODY.
    S  8.  The  opening  paragraph of section 775 of the general municipal
  law, as added by chapter 74 of the laws of 2009, is amended to  read  as
  follows:

    No  later  than  five business days after [commencement of dissolution
  proceedings] THE DELIVERY OF THE  DISSOLUTION  PLAN  AND  RECOMMENDATION
  pursuant  to  section  seven  hundred  seventy-four  of  this title, the
  governing body of the local government entity to be dissolved shall:

    S 9. Subdivisions 1 and 3 of section 776 of the general municipal law,
  as added by chapter 74 of the laws of  2009,  are  amended  to  read  as
  follows:


 S. 1824                             8

    1.  The  governing body of the local government entity to be dissolved
  shall set a time and place or places for one or more public hearings  on
  the  proposed dissolution plan. The hearing or hearings shall be held no
  less than thirty-five days and no more than ninety days after [commence-
  ment  of  dissolution proceedings] RECEIVING THE DISSOLUTION PLAN RECOM-
  MENDATIONS pursuant to section seven hundred seventy-four of this title.
  Any interested person shall be given  a  reasonable  opportunity  to  be
  heard on any aspect of the proposed dissolution.
    3.  After  completion  of the final hearing, the governing body of the
  local government entity to be dissolved may amend the  proposed  dissol-
  ution  plan,  provided  that  the  amended  version  complies  with  the
  provisions of subdivision [two] FIVE of section seven  hundred  seventy-
  four  of  this  title  and is publicized pursuant to subdivision four of
  this section, [and/]or approve a final version of the dissolution plan[,
  or  decline  to  proceed  further  with  dissolution  proceedings].  Any
  approval  by  the  governing  body of a final version of the dissolution
  plan must occur within one hundred eighty days of the final hearing.
    S 10. Section 777 of the general municipal law, as added by chapter 74
  of the laws of 2009, is amended to read as follows:

    S 777. Referendum resolution for dissolution [of villages]. 1.  [If  a
  dissolution  plan calls for the dissolution of a village, then contempo-
  raneous] CONTEMPORANEOUS with the final approval of the dissolution plan
  pursuant to subdivision three of section seven  hundred  seventy-six  of
  this  title, the governing body of the [village] LOCAL GOVERNMENT ENTITY
  shall enact a resolution  calling  for  a  referendum  on  the  proposed
  dissolution by the electors in the [village] LOCAL GOVERNMENT ENTITY.
    2.  The  resolution calling for the referendum on the proposed dissol-
  ution shall:

    (a) provide (i) the name of the [village] LOCAL GOVERNMENT  ENTITY  to
  be  dissolved;  and (ii) the date for the referendum, in accordance with
  subdivision one of section seven hundred eighty of this title;
    (b) state the substance of the question to be submitted to  the  elec-
  tors; and
    (c)  set forth such other matters as may be necessary to call, provide
  for and give notice of the referendum and to  provide  for  the  conduct
  thereof and the canvass of the returns thereupon.
    3.  The  resolution calling for the referendum on the proposed dissol-
  ution shall have attached to  it  the  final  approved  version  of  the
  dissolution plan.
    4.  IF THE REFERENDUM SHALL FAIL, THE DISSOLUTION PROCESS SPECIFIED BY
  THIS TITLE SHALL NOT BE INITIATED FOR THE  LOCAL  GOVERNMENT  ENTITY  BY
  ELECTORATE  PETITION  PURSUANT  TO SECTION SEVEN HUNDRED SEVENTY-NINE OF
  THIS TITLE WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM.
    S 11. Subdivisions 1 and 2 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
  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

 S. 1824                             9

  person. A PETITION MAY NOT BE SUBMITTED PURSUANT TO THIS  SECTION  IF  A
  RESOLUTION  INITIATING THE DISSOLUTION PROCESS HAS BEEN ADOPTED PURSUANT
  TO SECTION SEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE UNTIL  SUCH  PROCESS
  HAS BEEN COMPLETED.
    2.  The petition shall contain [the] signatures [of] EQUAL TO at least
  ten percent of the number of electors AT THE LAST  GENERAL  ELECTION  OF
  THE  LOCAL  GOVERNMENT  ENTITY or five thousand [electors], whichever is
  less, in the local government entity to be dissolved; provided, however,
  that where the local government entity to  be  dissolved  contains  five
  hundred  or  fewer electors, the petition shall contain [the] signatures
  [of] EQUAL TO at least twenty percent of the number of electors  AT  THE
  LAST  GENERAL ELECTION OF THE LOCAL GOVERNMENT ENTITY. No signature on a
  petition is valid unless it is an original signature of an  elector  AND
  SIGNED WITHIN SIXTY DAYS OF THE PETITION BEING FILED WITH THE CLERK.
    S 12. Section 782 of the general municipal law, as added by chapter 74
  of the laws of 2009, is amended to read as follows:

    S 782. Duty to approve proposed elector initiated dissolution plan. 1.
  In the case of a proposed dissolution of a local government entity prop-
  erly initiated by petition of electors pursuant to section seven hundred
  seventy-nine  of  this  title, if a majority of the electors voting at a
  referendum vote in favor of dissolution,  the  entity's  governing  body
  shall  meet within thirty days after certification of the favorable vote
  and[, within one hundred eighty days of such meeting,] FORM A COMMISSION
  TO STUDY, FORMULATE A PLAN FOR, AND MAKE RECOMMENDATIONS  REGARDING  THE
  DISSOLUTION AND TERMINATION OF A LOCAL GOVERNMENT ENTITY.
    2.  THE  COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
  MAY HAVE ANY NUMBER OF MEMBERS THE LOCAL GOVERNING BODY DETERMINES TO BE
  BENEFICIAL FOR DEVELOPING A DISSOLUTION PLAN WITH THE  REQUIREMENT  THAT
  THE  COMMISSION  MUST,  IN  ADDITION  TO  APPOINTMENTS MADE BY THE CHIEF
  ELECTED OFFICER SUBJECT TO THE GOVERNING BODY'S  APPROVAL,  INCLUDE  THE
  CHIEF  ELECTED  OFFICIAL  (IN  THE  CASE  OF  A SPECIAL DISTRICT OR FIRE
  DISTRICT, THE CHAIRMAN OF THE  BOARD  OF  COMMISSIONERS)  OF  THE  LOCAL
  GOVERNMENT ENTITY, ONE MEMBER OF THE LOCAL GOVERNMENT ENTITY'S GOVERNING
  BODY  TO  BE  SELECTED  BY A MAJORITY VOTE OF THE GOVERNING BODY (IN THE
  CASE OF A SPECIAL DISTRICT OR FIRE DISTRICT, THE BOARD OF  COMMISSIONERS
  MUST  SELECT  NO  LESS THAN ONE COMMISSIONER OR REPRESENTATIVE), AND THE
  SUPERVISOR OF THE TOWN OR TOWNS IN WHICH THE LOCAL GOVERNMENT ENTITY  IS
  LOCATED.
    3.  THE  COMMISSION FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
  MAY FORM SUB-COMMITTEES AND CONDUCT COMMUNITY FORUMS AND PUBLIC HEARINGS
  DEEMED NECESSARY TO DEVELOP A DISSOLUTION PLAN. IT IS  A  PROPER  PUBLIC
  PURPOSE  FOR THE GOVERNING BODY OF THE LOCAL GOVERNMENT ENTITY TO APPRO-
  PRIATE MONEY FOR NECESSARY EXPENSES RELATED  TO  STUDYING  THE  PROPOSED
  DISSOLUTION AND DEVELOPING A DISSOLUTION PLAN. THE COMMISSION SHALL BE A
  PUBLIC  BODY WITHIN THE MEANING OF SECTION ONE HUNDRED TWO OF THE PUBLIC
  OFFICERS LAW. MEMBERS OF THE COMMISSION ARE REQUIRED TO FILE AN OATH  OF
  OFFICE WITH THE CLERK OF THE LOCAL GOVERNMENT ENTITY.
    4. WITHIN TWELVE MONTHS OF THE FORMATION OF A COMMISSION FORMED PURSU-
  ANT TO SUBDIVISION ONE OF THIS SECTION, THE COMMISSION SHALL prepare and
  approve a proposed elector initiated dissolution plan. THE LOCAL GOVERN-
  ING  BODY  MAY EXTEND THE TIME TO COMPLETE THE DISSOLUTION PLAN BY NINE-
  TY-DAY INTERVALS FOR UP TO ONE ADDITIONAL YEAR UPON THE REQUEST  OF  THE
  COMMISSION.
    [2.] 5. The proposed elector initiated dissolution plan shall specify:

    (a) the name of the local government entity to be dissolved;
    (b) the territorial boundaries of the entity;

 S. 1824                            10

    (c) the type and/or class of the entity;
    (d) a fiscal estimate of the cost of dissolution;
    (e) any plan for the transfer or elimination of public employees;
    (f)  the  entity's  assets,  including  but  not  limited  to real and
  personal property, and the fair value thereof in current  money  of  the
  United States;
    (g)  the  entity's liabilities and indebtedness, bonded and otherwise,
  and the fair value thereof in current money of the United States;
    (h) any agreements entered into with the town or towns  in  which  the
  entity is situated in order to carry out the dissolution;
    (i)  the  manner  and  means by which the residents of the entity will
  continue to be  furnished  municipal  services  following  the  entity's
  dissolution;
    (j)  terms for the disposition of the entity's assets and the disposi-
  tion of  its  liabilities  and  indebtedness,  including  the  levy  and
  collection of the necessary taxes and assessments therefor;
    (k)  findings as to whether any local laws, ordinances, rules or regu-
  lations of the entity shall remain in effect after the effective date of
  the dissolution or shall remain in effect for a  period  of  time  other
  than as provided by section seven hundred eighty-nine of this title;
    (l) the effective date of the dissolution;
    (m)  the  time and place or places for a public hearing or hearings on
  such proposed dissolution plan pursuant to section seven hundred  eight-
  y-four of this title; [and]
    (n)  THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE TAXPAYERS
  LOCATED IN THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
    (O) THE PROJECTED CHANGE, IF ANY, IN PROPERTY TAXES FOR THE  TAXPAYERS
  OF THE TOWN OUTSIDE OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
    (P) A FISCAL ESTIMATE OF THE COST OF AND SAVINGS WHICH MAY BE REALIZED
  FROM DISSOLUTION, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

    (I) INCREASED EFFICIENCIES THROUGH IMPROVED ECONOMIES OF SCALE;
    (II)  DISCONTINUING  AND/OR  RESTRUCTURING THE PROVISION OF PARTICULAR
  SERVICES, AND THE EXTENT TO  WHICH  DISCONTINUING  AND/OR  RESTRUCTURING
  SUCH SERVICES MAY ONLY BE ACHIEVED THROUGH DISSOLUTION;
    (III) THE ELIMINATION OF ELECTED OFFICES;
    (IV)  INCREASED  AID  FROM THE STATE TO THE RESULTING LOCAL GOVERNMENT
  ENTITY; AND
    (V) THE EXTENT TO WHICH SERVICES WILL NO LONGER  BE  PROVIDED  THROUGH
  THE USE OF VOLUNTEERS;
    (Q)  WHETHER THE DISSOLUTION WILL RESULT IN A NET INCREASE OR DECREASE
  IN THE STATE'S LOCAL GOVERNMENT ENTITIES AS THAT TERM IS DEFINED IN THIS
  ARTICLE; AND
    (R) any other matter desirable or necessary to carry out  the  dissol-
  ution.
    6. A PUBLIC HEARING SHALL BE HELD ON THE FINALIZED PLAN AFTER AT LEAST
  SEVEN  DAYS NOTICE, PUBLISHED IN A NEWSPAPER WITH GENERAL CIRCULATION IN
  THE LOCAL GOVERNMENT ENTITY. AFTER CONDUCTING SUCH PUBLIC  HEARING,  THE
  COMMISSION  FORMED PURSUANT TO SUBDIVISION ONE OF THIS SECTION MUST FILE
  A FINALIZED DISSOLUTION PLAN AND  THE  COMMISSION'S  RECOMMENDATIONS  ON
  WHETHER  TO  DISSOLVE  THE LOCAL GOVERNMENT ENTITY WITH THE CLERK OF THE
  LOCAL GOVERNMENT ENTITY WHO MUST IMMEDIATELY DELIVER THE PLAN AND RECOM-
  MENDATIONS TO THE LOCAL GOVERNMENT ENTITY'S GOVERNING BODY.
    S 13. Subdivision 1 of section 784 of the general  municipal  law,  as
  added by chapter 74 of the laws of 2009, is amended to read as follows:

    1.  The  governing body of the local government entity to be dissolved
  shall set a time and place or places for one or more public hearings  on

 S. 1824                            11

  the proposed elector initiated dissolution plan. The hearing or hearings
  shall be held no less than thirty-five days and no more than ninety days
  after  [the  proposed  elector  initiated  dissolution plan is approved]
  RECEIVING THE DISSOLUTION PLAN RECOMMENDATIONS pursuant to section seven
  hundred eighty-two of this title. Any interested person shall be given a
  reasonable opportunity to be heard on any aspect of the proposed dissol-
  ution.
    S 14. Section 785 of the general municipal law, as added by chapter 74
  of the laws of 2009, is amended to read as follows:

    S 785. [Effective date of] REFERENDUM ON THE elector initiated dissol-
  ution  plan[;  permissive  referendum].  1.  [A  local government entity
  dissolved pursuant  to  an  elector  initiated  dissolution  plan  shall
  continue  to  be governed as before dissolution until the effective date
  of the dissolution specified in the elector initiated dissolution  plan,
  which date shall be no less than forty-five days after final approval of
  such  plan pursuant to subdivision three of section seven hundred eight-
  y-four or subdivision three of section seven hundred eighty-six of  this
  title.
    2.  Notwithstanding  subdivision one of this section, the] THE elector
  initiated dissolution plan shall not take  effect  [if,  no  later  than
  forty-five  days  after final approval of such plan pursuant to subdivi-
  sion three of section seven hundred eighty-four or subdivision three  of
  section  seven  hundred  eighty-six of this title, electors of the local
  government entity to be dissolved shall:
    (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
    (b) thereafter less than] UNLESS a majority of the  electors  vote  in
  the affirmative on such question at a referendum.
    [3.  The  petition  shall  be  circulated, signed and authenticated in
  substantial compliance with the  provisions  of  section  seven  hundred
  seventy-nine  of  this  title,  shall contain the signatures of at least
  twenty-five percent of the number of electors or fifteen thousand  elec-
  tors, whichever is less, in the local government entity to be dissolved,
  and  shall  be accompanied by 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.
    4.  Within ten days of the filing of the petition seeking a referendum
  on whether the elector initiated dissolution plan shall take effect, the
  clerk with whom the petition was filed shall make a final  determination
  regarding  the  sufficiency  of the number of signatures on the petition
  and provide timely written notice of such determination to  the  contact
  person  named  in the cover sheet accompanying the petition. The contact
  person or any individual who  signed  the  petition  may  seek  judicial
  review  of such determination in a proceeding pursuant to article seven-
  ty-eight of the civil practice law and rules. Upon the clerk's  determi-
  nation  that  the  petition contains no less than the required number of
  signatures, the governing body of the  local  government  entity  to  be
  dissolved  shall  within  thirty  days  enact a resolution calling for a
  referendum by the electors on the question whether the elector initiated
  dissolution plan shall take effect and set a date for such referendum in
  accordance with subdivision five of this section.

 S. 1824                            12

    5.] 2. The referendum on the question OF 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] THE LOCAL
  GOVERNMENT ENTITY'S NEXT GENERAL ELECTION OR AT  THE  NEXT  ELECTION  TO
  FILL  A  VACANCY  IN  OFFICE  FOR  A LOCAL ELECTED OFFICIAL OF THE LOCAL
  GOVERNMENT ENTITY, WHICHEVER IS SOONER, BUT IN NO CASE MAY THE  REFEREN-
  DUM  BE HELD SOONER THAN FORTY-FIVE days after enactment of a resolution
  APPROVING THE FINAL VERSION OF THE ELECTOR  INITIATED  DISSOLUTION  PLAN
  pursuant  to subdivision [four] THREE of [this section, provided, howev-
  er, 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] SECTION  SEVEN  HUNDRED  EIGHTY-FOUR  OF  THIS
  TITLE.
    [6.] 3. Notice of the referendum shall be given to the electors of the
  local  government  entity  to be dissolved by publication in a newspaper
  having a general circulation within the  boundaries  of  the  entity  at
  least  once  a  week for four consecutive weeks immediately prior to the
  referendum. The notice shall include, but not be limited to:

    (a) a summary of the contents of the resolution and elector  initiated
  dissolution plan;
    (b)  a  statement as to where may be examined a copy of the resolution
  and elector initiated dissolution plan;
    (c) the time and place or places at which the referendum will be held,
  in accordance with subdivision [five] TWO of this section; and
    (d) such other matters as may be necessary to call,  provide  for  and
  give notice of the referendum and to provide for the conduct thereof and
  the canvass of the returns thereupon.
    [7.]  4. In a referendum held pursuant to this section, the referendum
  question shall be placed before the electors  of  the  local  government
  entity to be dissolved in a form reading substantially as follows:

    "The voters of the (insert type and name of local government entity to
  be  dissolved)  having  previously  voted to dissolve, shall the elector
  initiated dissolution plan take effect?
    YES ____
    NO ____"
    [8.] 5. The elector initiated dissolution plan shall not  take  effect
  unless  a majority of the electors voting in the local government entity
  to which the petition applies votes in favor of dissolution. If  such  a
  majority vote does not result, the referendum shall fail and dissolution
  shall not take effect.
    6.  IF THE REFERENDUM SHALL FAIL, THE DISSOLUTION PROCESS SPECIFIED BY
  THIS TITLE SHALL NOT BE INITIATED FOR THE  LOCAL  GOVERNMENT  ENTITY  BY
  ELECTORATE  PETITION  PURSUANT  TO SECTION SEVEN HUNDRED SEVENTY-NINE OF
  THIS TITLE WITHIN FOUR YEARS OF THE DATE OF THE REFERENDUM.
    S 15. Subdivision 2 of section 33-a of the municipal home rule law, as
  amended by chapter 74 of the  laws  of  2009,  is  amended  to  read  as
  follows:

    2.  Any  such  local  law,  or  an  amendment or repeal of one or more
  provisions thereof which would have the effect of transferring or  abol-
  ishing  a  function  or  duty  of  the  county  or of the cities, towns,
  villages, districts or other units of government wholly contained in the
  county, shall not become operative unless and until it is approved at  a
  general election or at a special election, held in the county by receiv-
  ing  a  majority of the total votes cast thereon: (a) in the area of the
  county outside of cities and (b) in the area of cities of the county, if
  any, considered as one unit, and if it provides for the transfer of  any

 S. 1824                            13

  function  or  duty  to  or  from any village or for the abolition of any
  office, department, agency or unit of government  of  a  village  wholly
  contained  in  the county, it shall not take effect unless it shall also
  receive  a majority of [all] the votes cast thereon in [all] EACH OF the
  villages OR LOCAL UNITS OF GOVERNMENT so  affected  [considered  as  one
  unit].  Such a local law, amendment or repeal thereof, shall provide for
  its submission to the  electors  of  the  county  at  the  next  general
  election  or  at  a special election, occurring not less than sixty days
  after the adoption thereof by the board of supervisors.
    S 16. This act shall take effect immediately.