NY State Senate Bill 2015-S5358

Senate Bill S5358

2015-2016 Legislative Session

Relates to requiring the consent of the legislature of the county of Orange concerning municipal annexation petitions

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to local government
May 13, 2015	referred to local government

2015-S5358 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §711, Gen Muni L

2015-S5358 (ACTIVE) - Summary

Relates to requiring the consent of the legislature of the county of Orange concerning municipal annexation petitions.

2015-S5358 (ACTIVE) - Sponsor Memo

2015-S5358 (ACTIVE) - Bill Text download pdf

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

                                  5358

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sen.  LARKIN -- 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 in relation to  requiring  the
  consent  of the legislature of the county of Orange concerning munici-
  pal annexation petitions

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

  Section  1.  Section  711  of  the general municipal law is amended by
adding a new subdivision 6 to read as follows:
  6. A. IN THE COUNTY OF ORANGE, NO DETERMINATIONS MADE  UNDER  SUBDIVI-
SION  FOUR  OF  THIS  SECTION APPROVING SUCH ANNEXATION OVER NINETY-NINE
ACRES SHALL BE EFFECTIVE UNLESS THE COUNTY LEGISLATURE SHALL CONFIRM THE
DETERMINATIONS. THE COUNTY LEGISLATURE SHALL HAVE NINETY DAYS TO  EITHER
CONFIRM  OR  DISAPPROVE THE DETERMINATIONS. SUCH NINETY DAY PERIOD SHALL
COMMENCE UPON RECEIPT BY THE COUNTY LEGISLATURE OF ALL REQUIRED DETERMI-
NATIONS FROM ALL NECESSARY MUNICIPALITIES HAVING APPROVED  THE  PROPOSED
ANNEXATION OR A PORTION THEREOF.
  B. IN THE EVENT THE COUNTY LEGISLATURE FAILS TO TAKE ANY ACTION EITHER
CONFIRMING  OR DISAPPROVING SUCH DETERMINATIONS WITHIN NINETY DAYS, SUCH
DETERMINATIONS SHALL BE DEEMED DENIED. NOTHING SHALL PRECLUDE THE  MUNI-
CIPALITIES WHO ARE OTHERWISE REQUIRED TO MAKE A DETERMINATION UNDER THIS
SECTION  FROM  EXTENDING THE TIME FOR THE COUNTY LEGISLATURE TO MAKE ANY
REQUIRED DETERMINATION BY AN ADDITIONAL ONE  HUNDRED  TWENTY  DAYS.  IF,
HOWEVER,  THE  PETITION FOR ANNEXATION WAS COMMENCED UNDER SECTION SEVEN
HUNDRED FOUR OF THIS ARTICLE, THE  CONSENT  OF  THE  PETITIONERS,  OR  A
NUMERIC MAJORITY OF THE PETITIONERS, SHALL BE REQUIRED BEYOND SUCH ADDI-
TIONAL  ONE  HUNDRED TWENTY DAYS AFTER THE EXPIRATION OF THE NINETY DAYS
OTHERWISE PROVIDED FOR IN THIS SUBDIVISION.
  C. IN THE EVENT A PETITION IS COMMENCED  UNDER  EITHER  SECTION  SEVEN
HUNDRED FIVE OR SECTION SEVEN HUNDRED TWELVE OF THIS ARTICLE RELATIVE TO
ANY  DETERMINATION MADE BY A MUNICIPALITY UNDER SUBDIVISION FOUR OR FIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10907-01-5

S. 5358                             2

OF THIS SECTION, THE COUNTY OF ORANGE SHALL BE A NECESSARY PARTY IN SUCH
AN ACTION.
  D.  THE COUNTY OF ORANGE MAY, BY LOCAL LAW, LIMIT THE APPLICABILITY OF
THIS SUBDIVISION TO APPLICATIONS FOR ANNEXATIONS IN EXCESS OF A  PARTIC-
ULAR ACREAGE AMOUNT OR IN EXCESS OF ANY PARTICULAR VALUE OF REAL PROPER-
TY.
  S  2.  This  act  shall  affect any and all applications for municipal
annexations made pursuant to article 17 of the general municipal law for
which all determinations under subdivisions 4 and/or 5 of section 711 of
the general municipal law have not been made.
  S 3. This act shall take effect immediately.

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