Authorizes the governing boards of two or more municipalities which have mutually agreed to study the annexation of territory to, by joint resolution, propose the annexation of such territory, as an alternative to annexation solely by petition.

---

S4359A-2011 Actions

• Jul 18, 2012: SIGNED CHAP.190
• Jul 6, 2012: DELIVERED TO GOVERNOR
• Jun 20, 2012: returned to senate
• Jun 20, 2012: passed assembly
• Jun 20, 2012: ordered to third reading rules cal.442
• Jun 20, 2012: substituted for a5823a
• Jun 19, 2012: referred to local governments
• Jun 19, 2012: RETURNED TO ASSEMBLY
• Jun 19, 2012: REPASSED SENATE
• Jun 13, 2012: AMENDED ON THIRD READING 4359A
• Jun 13, 2012: VOTE RECONSIDERED - RESTORED TO THIRD READING
• Jun 13, 2012: returned to senate
• Jun 13, 2012: RECALLED FROM ASSEMBLY
• Mar 27, 2012: referred to local governments
• Mar 27, 2012: DELIVERED TO ASSEMBLY
• Mar 27, 2012: PASSED SENATE
• Mar 26, 2012: ADVANCED TO THIRD READING
• Mar 22, 2012: 2ND REPORT CAL.
• Mar 21, 2012: 1ST REPORT CAL.444
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 14, 2011: referred to local governments
• Jun 14, 2011: DELIVERED TO ASSEMBLY
• Jun 14, 2011: PASSED SENATE
• Jun 13, 2011: ADVANCED TO THIRD READING
• Jun 7, 2011: 2ND REPORT CAL.
• Jun 6, 2011: 1ST REPORT CAL.989
• Mar 31, 2011: REFERRED TO LOCAL GOVERNMENT

S4359A-2011 Calendars

Active List: Jun 19, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012

S4359A-2011 Votes

S4359A-2011 Memo

BILL NUMBER:S4359A

TITLE OF BILL:
An act
to amend the general municipal law, in relation to municipal annexation

PURPOSE:
To amend the general municipal law to allow the governing bodies of
two or more municipalities, as well as the residents or property
owners of a municipality, to jointly initiate the municipal
annexation process, and to clarify that land use considerations are
included in the annexation process.

SUMMARY OF PROVISIONS:
Section 1 amends section 703 of the GML to clarify that the procedure
described therein is for a petition to initiate annexation by
residents or property owners of a municipality.

Section 2 adds a new section 703-a to the GML to set forth a procedure
allowing the governing bodies of two or more municipalities to
initiate annexation by joint resolution. The provision would not
apply to territory which is entirely uninhabited or territory within
an agricultural district or to land outside such district but
eligible for an agricultural assessment pursuant to article 25AA of
the Agriculture and Markets Law.

Sections 3, 5 and 6 of the bill amend provisions of Article 17 of the
GML to state that the governing bodies of two or more municipalities
may initiate the annexation process by joint resolution.

Section 3 would also be amended to require notification of property
owners by mail, making a good faith effort to reach all property
owners, and also require both municipalities to post notice of the
hearing on the proposal on their websites. All the other provisions
of Article 17 governing municipal annexation, including the holding
of a special election to determine voter approval of annexation,
remain applicable.

Section 4 of the bill clarifies that in the annexation process,
land use
considerations are also included, in addition to other real property
issues, as already provided for in the statute.

Section 6 also amends section 713 of the GML to clarify that persons
residing outside of the proposed annexation territory, but on a
parcel of land with a portion within the annexation territory, would
be eligible to vote on the annexation proposal provided they
otherwise are an eligible voter.

Section 7 establishes the effective date for this legislation.

JUSTIFICATION:
Currently, the general municipal law allows for the residents or
property owners of a municipality desiring annexation, to initiate
the annexation process. This bill extends that ability to the
governing bodies of municipalities, which represent residents and
property owners, and which may be in the best position to begin the
annexation process. Article 17 of the GML governing municipal
annexation requires that a general election be held to determine the
voters' desire for annexation. This legislation does not change
that procedure, but merely allows for the municipal annexation
process to begin with a joint resolution adopted by the governing
bodies of the municipalities. This smart growth measure would
eliminate an existing barrier in New York State for municipalities to
consider annexation as a method to enhance economic benefits and
public service, to both annexed and annexing territories. In
addition, the bill clarifies that the annexation process includes
land use considerations which may apply to the property to be
annexed, in addition to real property matters such as bridges,
highways, culverts and pipes, currently included under the law.

To protect non-resident property owners, who are not allowed to vote
in the election to approve annexation, the bill would require a good
faith effort to mail notification to all affected owners, and not
allow this process to be used if all of the properties to be annexed
were uninhabited, having no resident owners. In addition, if
an uninhabited portion of a resident property owner's parcel was
proposed to be annexed they would still have a right to vote under
this bill.

LEGISLATIVE HISTORY:
2011:    S.4359 Passed Senate; A.5823 Referred to Local
         Governments Committee
2009-10: S.5430 Referred to Local Governments Committee
         A.8241 Referred to Local Governments Committee
2007-08: S.3231-A Passed Senate A.3940-A Referred to Local
         Governments Committee
2005-06: S.2748 Passed Senate; A.5632 Referred to Local
         Governments Committee
2003-04: S.2782 Passed Senate; A.6597 Referred to Local
         Governments Committee

FISCAL IMPLICATIONS:
None to the state.

LOCAL FISCAL IMPLICATIONS:
It is expected that this legislation will provide an economic
benefit to the municipalities and citizens of the state.

EFFECTIVE DATE:
This act shall take effect immediately.

S4359A-2011 Text

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

                                   4359--A
      Cal. No. 444

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 31, 2011
                                 ___________

  Introduced  by  Sens.  YOUNG,  BRESLIN,  KENNEDY, O'MARA, VALESKY -- (at
    request of the Legislative Commission  on  Rural  Resources)  --  read
    twice  and  ordered  printed,  and when printed to be committed to the
    Committee on Local Government -- recommitted to the Committee on Local
    Government in accordance with Senate Rule 6, sec. 8 -- reported favor-
    ably from said committee, ordered to first and second report,  ordered
    to  a  third  reading, passed by Senate and delivered to the Assembly,
    recalled, vote reconsidered, restored to third  reading,  amended  and
    ordered reprinted, retaining its place in the order of third reading

  AN  ACT  to  amend  the  general municipal law, in relation to municipal
    annexation

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


    Section 1. The section heading of section 703 of the general municipal
  law,  as added by chapter 844 of the laws of 1963, is amended to read as
  follows:

    Petition [for annexation] BY RESIDENTS OR PROPERTY OWNERS TO  INITIATE
  ANNEXATION OF TERRITORY.
    S  2.  The  general  municipal  law is amended by adding a new section
  703-a to read as follows:

    S 703-A. RESOLUTION BY GOVERNING BOARDS OF MUNICIPALITIES TO  INITIATE
  ANNEXATION  OF  TERRITORY.   EXCEPT FOR TERRITORY PROPOSED TO BE ANNEXED
  WHICH IS ENTIRELY UNINHABITED OR TERRITORY IN AN AGRICULTURAL  DISTRICT,
  OR OUTSIDE OF SUCH DISTRICT BUT ELIGIBLE FOR AN AGRICULTURAL ASSESSMENT,
  PURSUANT  TO  ARTICLE TWENTY-FIVE-AA OF THE AGRICULTURE AND MARKETS LAW,
  THE GOVERNING BOARDS OF TWO OR MORE MUNICIPALITIES WHICH  HAVE  MUTUALLY
  AGREED  TO  STUDY THE ANNEXATION OF TERRITORY, MAY, BY JOINT RESOLUTION,
  PROPOSE THE ANNEXATION OF SUCH TERRITORY, PURSUANT TO THE PROVISIONS  OF
  THIS ARTICLE.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09868-05-2

 S. 4359--A                          2

    S  3.  The  section  heading  and  subdivision 1 of section 704 of the
  general municipal law, as added by chapter 844 of the laws of 1963,  are
  amended to read as follows:

    Notice  of  hearing  on petition [for] OR JOINT RESOLUTION TO INITIATE
  annexation OF TERRITORY.  1. [Within twenty days after  the  receipt  of
  such  petition]  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 PETI-
  TION  OR  ADOPTION OF A JOINT RESOLUTION TO INITIATE ANNEXATION, respec-
  tively 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 govern-
  ing  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 corporation 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 part-
  ly within a village, the governing board of such village and the govern-
  ing 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. 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 RESOL-
  UTION 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 [received] 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.
    S 4. Section 707 of the general municipal law, as added by chapter 844
  of the laws of 1963, is amended to read as follows:

    S  707.  Disposition  of  property in area proposed to be annexed.  1.
  Except as may be provided in  an  agreement  among  the  affected  local
  governments, as authorized by subdivision two of this section concerning

 S. 4359--A                          3

  the  retention,  division,  REGULATION, LAND USE or other disposition of
  real and personal property and rights in real and personal  property  of
  any  affected local government or governments or any special or improve-
  ment  district  in  the  territory  proposed  to be annexed, all real or
  personal property and rights in real and personal  property,  including,
  but  not limited to, LAND USE, streets, avenues, roads, highways, bridg-
  es,  overpasses,  underpasses,  culverts,  sidewalks,  street   lighting
  fixtures,  and conduits, pipes, drains, either above or below the ground
  surface, and appurtenances and appurtenant rights in  relation  thereto,
  owned by any of such local governments (other than the one to which such
  territory  is  annexed)  shall  become the property of the county, city,
  village, or town (where the territory is not annexed  to  a  village  or
  villages in the town), to which such territory is annexed as of the date
  of  such annexation, but the ownership of any real and personal property
  or rights in real and personal property of, or acquired for, special  or
  improvement districts in such territory shall remain unaffected.
    2.  At  any  time prior to their determinations as provided by section
  seven hundred eleven of  this  article,  the  governing  boards  of  the
  affected  local  governments, or their designated representatives, shall
  have power to agree on the retention, division, REGULATION, LAND USE  or
  other  disposition,  either  with  or  without consideration, of real or
  personal property and rights in real or personal property  of  any  such
  affected  local government or of any special or improvement districts in
  which the territory proposed to be annexed is situated. Any such  agree-
  ment shall be in writing and shall be executed by such governing boards,
  or  their  designated representatives, covering the matters agreed upon.
  Such agreement may provide for the execution of any deeds or instruments
  affecting the retention, division, REGULATION, LAND USE or other  dispo-
  sition  of such property, either with or without consideration. Any such
  agreement shall be followed in the local law to be adopted  pursuant  to
  section seven hundred fourteen of this article.
    S 5. Subdivisions 1 and 2 of section 711 of the general municipal law,
  as  added  by  chapter  844  of the laws of 1963, are amended to read as
  follows:

    1. Within ninety days after the hearing held pursuant to section seven
  hundred five OF THIS ARTICLE is concluded, the governing board  of  each
  affected  local  government  shall  determine  by a majority vote of its
  total voting strength whether the petition OR JOINT RESOLUTION TO INITI-
  ATE ANNEXATION complies with the provisions of this article and whether,
  on the basis of considerations including but not limited to those relat-
  ing to the effects upon (a) the territory proposed to  be  annexed,  (b)
  the  local  government or governments to which the territory is proposed
  to be annexed, (c) the remaining area of the local government or govern-
  ments in which the territory is situated and (d)  any  school  district,
  fire district or other district corporation, public benefit corporation,
  fire protection district, fire alarm district or town or county improve-
  ment district, situated wholly or partly in such territory, it is in the
  over-all public interest to approve such proposed annexation.
    2. a. At such time, each such governing board shall adopt a resolution
  which  shall include findings with respect to compliance of the petition
  OR JOINT RESOLUTION TO INITIATE ANNEXATION, with the provisions of  this
  article  and  with  respect to the effect of such proposed annexation on
  the over-all public interest. In the case of a governing board which has
  executed any agreement described in subdivision  two  of  section  seven
  hundred  seven or subdivision two of section seven hundred eight of this
  article relating to the assumption of indebtedness or other  liabilities

 S. 4359--A                          4

  or  the  disposition  of property rights in the event of annexation, its
  findings with respect to the effect of such annexation on  the  over-all
  public  interest  shall be based on and include the terms and conditions
  of  such  agreement  to  the  extent  applicable.  Where no agreement as
  described herein governs the assumption of indebtedness or other liabil-
  ities or the disposition of property, such findings shall  be  based  on
  and   include  provisions  concerning  such  assumption  or  disposition
  prescribed in subdivision one of section seven hundred seven or subdivi-
  sion one of section seven hundred eight of this article, as the case may
  be.
    b. Each such board shall thereupon  make  and  sign  a  written  order
  accordingly  containing  its  determination  and  file  copies  thereof,
  together with copies of the agreement, if any,  the  petition  OR  JOINT
  RESOLUTION  TO  INITIATE ANNEXATION, the notice, the written objections,
  if any, and testimony and minutes of proceedings taken and kept  on  the
  hearing,  in the offices of the clerks of all the affected local govern-
  ments. In the event that  the  governing  board  of  an  affected  local
  government  does  not make, sign and file a written order as required by
  this section, such governing board shall be deemed to have approved  the
  proposed  annexation  as  of  the  expiration  of  the ninety-day period
  provided in subdivision one [hereof] OF THIS SECTION.
    S 6. Subdivisions 1 and 2 of section 713 of the general municipal law,
  as added by chapter 844 of the laws of  1963,  is  amended  to  read  as
  follows:

    1. Not later than ninety days after the entry of a final judgment of a
  court  or  the filing in the offices of the clerks of the affected local
  governments of orders of the governing boards  of  such  affected  local
  governments approving a proposed annexation, the governing board of each
  city,  town and village in which such territory is situated shall call a
  special election to be conducted in the manner hereinafter  provided  to
  determine  whether the proposed annexation should be approved, provided,
  however, that the governing board of a town  shall  call  such  election
  only with respect to territory outside any village situated therein. All
  persons  residing  in such territory proposed to be annexed, OR RESIDING
  OUTSIDE OF THE TERRITORY PROPOSED TO BE ANNEXED BUT RESIDING ON A PARCEL
  OF LAND WHERE A PORTION OF SUCH PARCEL IS WITHIN SUCH TERRITORY PROPOSED
  TO BE ANNEXED, and qualified to vote for officers of the city,  town  or
  village,  as  the case may be, in which such territory is situated shall
  be entitled to vote. The proposition to be voted upon shall state "Shall
  the territory generally described below be  annexed  to  the  ..........
  (name  of  local  government  or  governments)?" Below such question the
  territory proposed to be annexed shall be briefly described.  Except  as
  otherwise  provided  herein,  such  election  shall  be conducted in the
  manner provided by law for the conduct of special elections in the city,
  town or village, as the case may be, in which such  territory  is  situ-
  ated.
    2.  If  such  proposition  is  approved by a majority of the qualified
  persons voting thereon, the petition OR JOINT RESOLUTION, together  with
  a  certificate of election which shall set forth or have annexed thereto
  a description of the territory to be annexed, shall, within twenty  days
  after  such  election  be  filed by the governing board or boards of the
  city, town or village, as the case may be, in the office of the clerk of
  such local government or governments and in the office of the  clerk  or
  clerks of the local government or governments to which such territory is
  to be annexed.
    S 7. This act shall take effect immediately.