LBD00960-01-9
S. 265 2
[The] (B) THE board of health OR OTHER BODY AUTHORIZED PURSUANT TO
SECTION THREE HUNDRED FIFTY-SIX OF THIS TITLE of any county health
district with a population of less than thirty-five thousand [popu-
lation] according to the latest federal decennial census may appoint the
same person employed by a contiguous county or part-county health
district to serve as county health commissioner, COUNTY HEALTH DIRECTOR
OR, WHEN AUTHORIZED BY THE STATE SANITARY CODE, PUBLIC HEALTH DIRECTOR
without regard to the total population of both health districts,
provided the approval of the commissioner is obtained.
[2.] THE COMMISSIONER SHALL PERIODICALLY REVIEW HIS OR HER DETERMI-
NATION TO ENSURE SUCH EMPLOYMENT OF THE SAME COUNTY HEALTH DIRECTOR,
PUBLIC HEALTH DIRECTOR OR COUNTY HEALTH COMMISSIONER CONTINUES TO SERVE
THE INTEREST OF PUBLIC HEALTH AND MAY TERMINATE HIS OR HER APPROVAL AT
HIS OR HER DISCRETION.
2. IF THE COMMISSIONER HAS APPROVED THE APPOINTMENT OF THE SAME PERSON
TO SERVE AS THE COUNTY HEALTH DIRECTOR, COUNTY COMMISSIONER OF HEALTH OR
PUBLIC HEALTH DIRECTOR OF MORE THAN ONE COUNTY OR PART-COUNTY HEALTH
DISTRICT PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THEN DURING THE
CONTINUATION OF SUCH APPROVAL THE COMMISSIONER MAY ALSO AUTHORIZE THE
SAME MEMBERS TO BE APPOINTED TO THE BOARD OF HEALTH OF EACH RESPECTIVE
HEALTH DISTRICT, NOTWITHSTANDING THEIR RESIDENCY IN THE OTHER COUNTY.
3. ANY BOARDS OF HEALTH OR OTHER BODIES AUTHORIZED PURSUANT TO SECTION
THREE HUNDRED FIFTY-SIX OF THIS TITLE HAVING THE SAME MEMBERS SHALL
ANNUALLY SUBMIT SUCH INFORMATION AND REPORTS REGARDING THE EFFECT OF
SUCH EMPLOYMENT ON ADMINISTRATION OF THE RESPECTIVE HEALTH DISTRICTS AND
THE PROVISION OF PUBLIC HEALTH SERVICES AS THE COMMISSIONER MAY REQUIRE.
THE COMMISSIONER SHALL USE SUCH INFORMATION IN DETERMINING WHETHER SUCH
COMMON MEMBERSHIP CONTINUES TO SERVE THE INTEREST OF PUBLIC HEALTH.
4. The COUNTY HEALTH DIRECTOR, county health commissioner OR PUBLIC
HEALTH DIRECTOR shall possess such qualifications for office as are
prescribed in the sanitary code.
[3.] 5. The COUNTY HEALTH DIRECTOR, county health commissioner OR
PUBLIC HEALTH DIRECTOR shall serve for a term of six years and shall not
be removed during the term for which he OR SHE shall have been
appointed, except upon written charges after a hearing and upon notice.
[4.] 6. The COUNTY HEALTH DIRECTOR, county health commissioner OR
PUBLIC HEALTH DIRECTOR shall receive such compensation as may be fixed
by the board of supervisors OR, IF THE COMMISSIONER'S APPROVAL HAS BEEN
OBTAINED FOR THE EMPLOYMENT OF THE SAME PERSON AS THE COUNTY HEALTH
DIRECTOR, COUNTY HEALTH COMMISSIONER OR PUBLIC HEALTH DIRECTOR PURSUANT
TO SUBDIVISION ONE OF THIS SECTION, BY THE BOARDS OF SUPERVISORS.
S 2. The general municipal law is amended by adding a new article 17-A
to read as follows:
ARTICLE 17-A
MUNICIPAL CONSOLIDATION OR DISSOLUTION PETITIONS
SECTION 750. CITIZEN PETITIONS.
S 750. CITIZEN PETITIONS. 1. INTENT. IT IS THE INTENTION OF THE LEGIS-
LATURE BY THE ENACTMENT OF THIS ARTICLE TO PROVIDE CITIZENS WITH A
SIMPLIFIED PROCESS FOR PETITIONING THEIR LOCAL GOVERNMENT OFFICIALS TO
RESTRUCTURE THEIR GOVERNMENTS WHILE MAINTAINING LOCAL CHOICE AND CONTROL
OVER THE FINAL DECISION TO CONSOLIDATE OR DISSOLVE.
2. APPLICATION. THIS PETITION PROCESS SHALL APPLY TO ANY CONSOLIDATION
OR DISSOLUTION OF A COUNTY, CITY, TOWN, VILLAGE OR DISTRICT AS AUTHOR-
IZED BY LAW.
3. ELIGIBLE SIGNATURES. TO START THE CONSOLIDATION OR DISSOLUTION
PROCESS, A PETITION MUST HAVE SIGNATURES FROM RESIDENTS OF THE JURISDIC-
S. 265 3
TION TO BE CONSOLIDATED OR DISSOLVED WHO ARE QUALIFIED TO VOTE AT THE
TIME OF THE FILING OF THE PETITION WITH THE MUNICIPAL CLERK, EQUAL TO AT
LEAST TWENTY-FIVE PERCENT OF THE RESIDENT ELECTORS QUALIFIED TO VOTE IN
THE LAST ELECTION.
4. TIME LIMIT. A SIGNATURE SHALL BE INVALID IF IT IS SIGNED UPON THE
PETITION MORE THAN ONE HUNDRED EIGHTY DAYS BEFORE THE PETITION IS FILED
WITH THE MUNICIPAL CLERK, UNLESS THE GOVERNING BOARD PASSES A RESOLUTION
TO GIVE ADDITIONAL TIME TO COLLECT SIGNATURES.
5. FORM. THE PETITION SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
PETITION
WE, THE UNDERSIGNED, ELECTORS OF THE (INSERT TYPE OF MUNICIPALITY -
COUNTY, CITY, TOWN, VILLAGE OR DISTRICT)_______ OF _____________ (INSERT
NAME OF MUNICIPALITY)_________, NEW YORK, QUALIFIED TO VOTE AT THE NEXT
GENERAL OR SPECIAL ELECTION, DO HEREBY PETITION THAT THERE BE SUBMITTED
TO THE VOTERS OF (INSERT NAME OF MUNICIPALITY)_____, PURSUANT TO LAW, A
PROPOSITION AS FOLLOWS:
(INSERT PROPOSITION SOUGHT TO BE SUBMITTED)
THE UNDERSIGNED QUALIFIED ELECTORS HEREBY REQUEST THAT A REFERENDUM
VOTE UPON THE ABOVE PROPOSITION BE TAKEN AS PROVIDED BY LAW.
IN WITNESS WHEREOF, WE HAVE SIGNED OUR NAMES ON THE DATES INDICATED
NEXT TO OUR SIGNATURES.
DATE NAME - PRINT NAME UNDER SIGNATURE HOME ADDRESS
1. ______ ____________________________ _______________________
____________________________ _______________________
2. ______ ____________________________ _______________________
____________________________ _______________________
3. ______ ____________________________ _______________________
____________________________ _______________________
(ON THE BOTTOM OF EACH PAGE, AFTER ALL THE NUMBERED SIGNATURES, INSERT
A WITNESS STATEMENT OR A STATEMENT BY A NOTARY PUBLIC OR COMMISSIONER OF
DEEDS, IN SUBSTANTIALLY THE FOLLOWING FORM:)
I, (NAME OF WITNESS) , STATE THAT I AM A REGISTERED VOTER OF THE STATE
OF NEW YORK. I AM A RESIDENT OF THE (COUNTY, CITY, TOWN, VILLAGE, OR
DISTRICT) OF (NAME OF COUNTY, CITY, TOWN, VILLAGE, OR DISTRICT). EACH OF
THE PERSONS THAT HAVE SIGNED THIS PETITION SHEET CONTAINING (FILL IN
NUMBER) SIGNATURES, HAVE SIGNED THEIR NAME IN MY PRESENCE ON THE DATES
INDICATED ABOVE AND IDENTIFIED THEMSELVES TO BE THE SAME PERSON WHO
SIGNED THE SHEET. I UNDERSTAND THAT THIS STATEMENT WILL BE ACCEPTED FOR
ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT, AND IF IT CONTAINS A
MATERIALLY FALSE STATEMENT, SHALL SUBJECT ME TO THE PENALTIES OF PERJU-
RY.
___________________ ________________________________________
DATE SIGNATURE OF WITNESS
(IN LIEU OF THE SIGNED STATEMENT OF A WITNESS WHO IS A DULY QUALIFIED
VOTER OF THE STATE, QUALIFIED TO SIGN THE PETITION AS A RESIDENT OF THE
COUNTY, CITY, TOWN, VILLAGE, OR DISTRICT, THE FOLLOWING STATEMENT SIGNED
BY A NOTARY PUBLIC OR A COMMISSIONER OF DEEDS SHALL BE ACCEPTED.)
ON THE DATE ABOVE INDICATED BEFORE ME PERSONALLY CAME EACH OF THE
VOTERS WHOSE SIGNATURES APPEAR ON THIS PETITION SHEET CONTAINING (FILL
IN NUMBER) SIGNATURES, WHO SIGNED SAME IN MY PRESENCE AND WHO, BEING BY
ME DULY SWORN, EACH FOR HIMSELF, SAID THAT THE FOREGOING STATEMENT MADE
AND SUBSCRIBED BY HIM, WAS TRUE.
___________________ ______________________________________
DATE NOTARY PUBLIC OR COMMISSIONER OF DEEDS
6. LIBERAL CONSTRUCTION. IN MATTERS OF FORM, THIS SECTION SHALL BE
GIVEN A LIBERAL CONSTRUCTION, AND PRECISE COMPLIANCE IS NOT REQUIRED.
S. 265 4
S 3. Subdivision 2 of section 9-912 of the village law, paragraph (e)
as amended by chapter 230 of the laws of 1974, is amended to read as
follows:
2. The questions which may or shall be submitted as propositions upon
petition or motion of the board of trustees, as hereinbefore provided,
are:
(a) Whether or not the area of the village should be diminished.
(b) Whether or not the village should be reincorporated.
(c) Whether or not the village should be consolidated with one or more
villages; PROVIDED, HOWEVER, THAT A PETITION TO SUBMIT THIS QUESTION AS
A PROPOSITION SHALL BE SUBMITTED IN A FORM IN ACCORDANCE WITH SUBDIVI-
SIONS FIVE AND SIX OF SECTION SEVEN HUNDRED FIFTY OF THE GENERAL MUNICI-
PAL LAW.
(d) Whether or not the name of the village should be changed.
(e) Whether or not the month of the general village election should be
changed.
S 4. Subdivision 3 of section 9-912 of the village law is amended to
read as follows:
3. The board of trustees of any village may, and upon a petition of
the electors of the village SUBMITTED IN ACCORDANCE WITH ARTICLE SEVEN-
TEEN-A OF THE GENERAL MUNICIPAL LAW shall, adopt a resolution submitting
a proposition for the dissolution of the village in accordance with
article nineteen of this chapter.
S 5. The village law is amended by adding a new section 18-1807 to
read as follows:
S 18-1807 PROPOSITION FOR CONSOLIDATION. THE BOARD OF TRUSTEES OF TWO
OR MORE ADJOINING VILLAGES MAY, AND UPON PETITION OF THE ELECTORS OF
EACH VILLAGE SHALL, ADOPT A PLAN FOR CONSOLIDATION AND A RESOLUTION
SUBMITTING A PROPOSITION FOR THE CONSOLIDATION OF THE VILLAGES IN
ACCORDANCE WITH THE PERMISSIVE REFERENDUM ARTICLE.
S 6. Subdivision 1 of section 19-1900 of the village law, as amended
by section 34 of part X of chapter 62 of the laws of 2003, is amended to
read as follows:
1. The board of trustees of any village may, and upon a petition of
the electors of the village shall, adopt a plan for dissolution and a
resolution submitting a proposition for the dissolution of the village
in accordance with the permissive referendum article, except that in
determining the date for submission of the proposition pursuant to
section 9-912 of this chapter, the date of the public hearing under this
article shall be used and not the date that the question is presented.
[A petition to dissolve a village shall be sufficient if signed and
acknowledged or proved by qualified electors of such village, in number
equal to at least one-third of the total number of resident electors
residing in the village, qualified to vote at the last general village
or special village election immediately preceding the submission of the
proposition in question, and who signed the petition not earlier than
one hundred twenty days prior to filing thereof.]
S 7. Subdivision 1 of section 79-d of the town law, as added by chap-
ter 690 of the laws of 1973, is amended to read as follows:
1. The town boards of the several towns in the same county may, AND
UPON PETITION OF THE ELECTORS OF EACH TOWN IN THE MANNER PROVIDED BY
ARTICLE SIX OF THIS CHAPTER SHALL, submit a proposition for consol-
idation at a general or special election.
S 8. Subdivision 4 of section 81 of the town law, as amended by chap-
ter 434 of the laws of 1984, is amended to read as follows:
S. 265 5
4. Such petition shall be subscribed and authenticated, in the manner
provided by the election law for the authentication of nominating
petitions, by electors of the town qualified to vote upon a proposition
to raise and expend money, in number equal to at least five per centum
of the total votes cast for governor in said town at the last general
election held for the election of state officers, but such number shall
not be less than one hundred in a town of the first class nor less than
twenty-five in a town of the second class. IN THE CASE OF PETITION FOR
TOWN CONSOLIDATION OR DISSOLUTION, SUCH PETITION SHALL BE SUBMITTED BY
ELECTORS IN ACCORDANCE WITH ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL
LAW. If such a petition be filed in the office of the town clerk not
less than sixty days, nor more than seventy-five days, prior to a bien-
nial town election, the proposition shall be submitted at such biennial
election. If a petition be presented at any other time, a special
election shall be called to be held not less than sixty days, nor more
than seventy-five days after the filing of such petition.
S 9. Section 172 of the town law, as amended by chapter 911 of the
laws of 1971 and the first undesignated paragraph as amended by chapter
37 of the laws of 2000, is amended to read as follows:
S 172. Consolidation of fire districts. Irrespective of the manner of
their original establishment, whenever two or more fire districts
adjoin, the town board of the town in which such districts are located
or, if said districts be situate in more than one town, the town boards
thereof acting jointly by a majority vote of the members of each such
town boards, upon a written petition of [resident taxpayers owning taxa-
ble real property aggregating at least one-half of the assessed valu-
ation of all the taxable real property of each of the districts so
adjoining owned by resident taxpayers thereof, as such valuations appear
upon the latest completed assessment roll of said town or towns] RESI-
DENTS OF EACH FIRE DISTRICT WHO ARE QUALIFIED TO VOTE AT THE TIME THE
PETITION IS FILED WITH THE MUNICIPAL CLERK, EQUAL TO AT LEAST
TWENTY-FIVE PERCENT OF THE REGISTERED VOTERS RESIDING IN EACH DISTRICT
AT THE TIME OF THE LAST GENERAL ELECTION, or upon the written petition
of a majority of the members of the board of commissioners of each fire
district proposed to be included within the consolidated district may
consolidate such fire districts and establish the same into one fire
district after a public hearing thereon. Such petition or petitions
shall be [signed, and acknowledged or proved in the same manner as a
deed to be recorded, or authenticated in the manner provided by the
election law for the authentication of nominating petitions] IN ACCORD-
ANCE WITH ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL LAW, EXCEPT THAT
ON SUCH PETITION, THE NAME OF THE FIRE DISTRICT AND THE TOWN OR VILLAGE
IN WHICH IT IS LOCATED SHALL APPEAR. Notice of such hearing shall be
given and such hearing held and the subject matters thereof determined
in the manner provided herein for hearings upon the establishment of
fire districts, except that the notice of hearing shall state in general
terms the purposes of the hearing and specify each of the existing
districts proposed to be included within the consolidated district.
In the event that at the time of consolidation, any district included
within the consolidated district shall have any indebtedness, either
bonded or temporary, such district shall continue to exist in law for
the purpose of paying such indebtedness, and there shall be annually
assessed and levied upon and collected from the taxable real property
within such original fire district, in the same manner and at the same
time and by the same officers as town taxes are assessed, levied and
collected, a sum sufficient to pay such indebtedness and interest there-
S. 265 6
on as the same shall become due. All the real property within the
consolidated district shall be liable for the payment of indebtedness
incurred for the purposes of the district after such consolidation. For
the purposes hereof, such consolidation shall be deemed effective upon
the adoption by the town board or town boards of the resolution provid-
ing therefor, unless such resolution shall specify some other date for
such purpose, in which case such consolidation shall become effective on
the date so specified.
S 10. Section 172-b of the town law, as amended by chapter 907 of the
laws of 1966 and the first undesignated paragraph as amended by chapter
37 of the laws of 2000, is amended to read as follows:
S 172-b. Consolidation of fire protection districts. Irrespective of
the manner of their original establishment, whenever two or more fire
protection districts adjoin, the town board of the town in which such
districts are located or, if said districts be situate in more than one
town, the town boards thereof acting jointly by a majority vote of the
members of each such town boards, upon its or their own motion and with-
out a petition or upon a written petition of [resident taxpayers owning
taxable real property aggregating at least one-half of the assessed
valuation of all the taxable real property of each of the districts so
adjoining owned by resident taxpayers thereof, as such valuations appear
upon the latest completed assessment-roll of said town or towns] RESI-
DENTS OF EACH FIRE DISTRICT WHO ARE QUALIFIED TO VOTE AT THE TIME THE
PETITION IS FILED WITH THE MUNICIPAL CLERK, EQUAL TO AT LEAST
TWENTY-FIVE PERCENT OF THE REGISTERED VOTERS RESIDING IN EACH DISTRICT
AT THE TIME OF THE LAST GENERAL ELECTION, may consolidate such fire
protection districts and establish the same into one fire protection
district after a public hearing thereon. Such petition or petitions
shall be [signed, and acknowledged or proved in the same manner as a
deed to be recorded, or authenticated in the manner provided by the
election law for the authentication of nominating petitions] IN ACCORD-
ANCE WITH ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL LAW, EXCEPT THAT
ON SUCH PETITION, THE NAME OF THE FIRE PROTECTION DISTRICT AND THE TOWN
OR VILLAGE IN WHICH IT IS LOCATED SHALL APPEAR. Notice of such hearing
shall be given and such hearing held and the subject matters thereof
determined in the manner provided herein for hearings upon the estab-
lishment of fire protection districts, except that the notice of hearing
shall state in general terms the purposes of the hearing and specify
each of the existing districts proposed to be included within the
consolidated district. Any resolution of consolidation made upon motion
of the town board or town boards without a petition shall be subject to
a permissive referendum as provided in article seven of this chapter.
For the purposes hereof, such consolidation pursuant to petition of
resident taxpayers shall be deemed effective upon the adoption by the
town board or town boards of the resolution providing therefor, unless
such resolution shall specify some other date for such purpose, in which
case such consolidation shall become effective on the date so specified,
and such consolidation upon motion of the town board or town boards
without a petition shall become effective as provided in section nine-
ty-one of this chapter. Unless renegotiated any existing contract for
the supplying of fire protection to any fire protection district so
consolidated shall be carried out in the same manner as if such consol-
idation had not taken place.
Where more than one fire protection district is situated in a town,
the town board after a public hearing thereon of which notice shall be
given as hereinbefore provided, may make a contract for fire protection
S. 265 7
covering all or any of such districts in which event the cost of the
contract shall be spread pro rata upon all the property in all of the
districts affected by such contract.
S 11. This act shall take effect immediately.