Bill Text: NY A10420 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes a petition to start the process to change the elective office of receiver of taxes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-25 - referred to local governments [A10420 Detail]
Download: New_York-2009-A10420-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10420 I N A S S E M B L Y March 25, 2010 ___________ Introduced by M. of A. GALEF -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law and the town law, in relation to establishing a petition process to change the elective office of receiver of taxes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The general municipal law is amended by adding a new arti- 2 cle 17-B to read as follows: 3 ARTICLE 17-B 4 PETITION PROCESS TO ELIMINATE CERTAIN 5 POSITIONS 6 SECTION 799-A. DEFINITIONS. 7 799-B. PROCESS UPON PETITION OR RESOLUTION. 8 799-C. PETITION TO START THE PROCESS TO CHANGE THE ELECTIVE 9 OFFICE OF RECEIVER OF TAXES. 10 S 799-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 11 1. THE TERM "QUALIFIED ELECTOR" SHALL MEAN A PERSON WHO IS REGISTERED 12 TO VOTE IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION LAW. 13 2. THE TERM "PARTICIPATING MUNICIPALITY" SHALL MEAN A TOWN OR VILLAGE 14 THAT HAS STARTED THE PETITION PROCESS PURSUANT TO SECTION SEVEN HUNDRED 15 NINETY-NINE-B OF THIS ARTICLE. 16 S 799-B. PROCESS UPON PETITION OR RESOLUTION. 1. THE PROCESS SHALL 17 START IN A MUNICIPALITY ONCE A PETITION FROM THE RESIDENTS IS FILED WITH 18 THE MUNICIPAL CLERK. 19 2. UPON RECEIVING A PETITION FROM THE RESIDENTS, THE PARTICIPATING 20 MUNICIPALITY SHALL SUBMIT THE QUESTION OF THE CHANGE OF OFFICE OF 21 RECEIVER OF TAXES TO THE VOTERS. 22 3. A CERTIFICATE OF THE ELECTION SHALL BE FILED WITH THE SECRETARY OF 23 STATE, WITH THE CLERKS OF EACH PARTICIPATING MUNICIPALITY, AND WITH THE 24 CLERKS OF EACH COUNTY IN WHICH ANY PART OF THE PARTICIPATING MUNICI- 25 PALITY IS LOCATED. 26 4. IF THE MAJORITY OF VOTES CAST ON THE REFERENDUM IN EACH PARTICIPAT- 27 ING MUNICIPALITY, ARE IN THE AFFIRMATIVE, THE MUNICIPALITY WITHIN THIRTY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16323-02-0 A. 10420 2 1 DAYS OF THE DATE OF THE REFERENDUM SHALL NOTIFY SUCH RECEIVER OF TAXES 2 THAT HE OR SHE SHALL SERVE OUT THEIR REMAINING TERM. 3 5. IF THE MAJORITY OF VOTES CAST ON THE REFERENDUM IN EACH PARTICIPAT- 4 ING MUNICIPALITY ARE IN THE NEGATIVE, THE REFERENDUM SHALL FAIL AND THE 5 PETITION PROCESS MAY NOT BE INITIATED FOR THE SAME PURPOSE WITHIN TWO 6 YEARS OF THE DATE OF SUCH REFERENDUM. 7 S 799-C. PETITION TO START THE PROCESS TO CHANGE THE ELECTIVE OFFICE 8 OF RECEIVER OF TAXES. 1. ELIGIBLE SIGNATURES. TO START THE PETITION 9 PROCESS, A PETITION MUST HAVE SIGNATURES FROM RESIDENTS OF THE JURISDIC- 10 TION, EQUAL TO AT LEAST TEN PERCENT OF THE RESIDENT ELECTORS QUALIFIED 11 TO VOTE IN THE LAST GENERAL ELECTION. THOSE SIGNING THE PETITION MUST BE 12 QUALIFIED TO VOTE AT THE TIME OF THE FILING OF THE PETITION WITH THE 13 MUNICIPAL CLERK. 14 2. TIME LIMIT. A SIGNATURE SHALL BE INVALID IF IT IS SIGNED UPON THE 15 PETITION MORE THAN ONE HUNDRED EIGHTY DAYS BEFORE THE PETITION IS FILED 16 WITH THE MUNICIPAL CLERK, UNLESS THE GOVERNING BOARD PASSES A RESOLUTION 17 TO GIVE ADDITIONAL TIME TO COLLECT SIGNATURES. 18 3. FORM. THE PETITION SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM: 19 PETITION 20 WE, THE UNDERSIGNED, ELECTORS OF THE (INSERT TYPE OF MUNICIPALITY - TOWN 21 OR VILLAGE) OF (INSERT NAME OF MUNICIPALITY) 22 , NEW YORK, QUALIFIED TO VOTE AT THE NEXT GENERAL OR SPECIAL ELECTION, 23 DO HEREBY PETITION THAT THERE BE SUBMITTED TO THE VOTERS OF (INSERT NAME 24 OF MUNICIPALITY) , PURSUANT TO LAW, A PROPOSITION AS FOLLOWS: 25 (INSERT PROPOSITION SOUGHT TO BE SUBMITTED) THE UNDERSIGNED QUALIFIED 26 ELECTORS HEREBY REQUEST THAT A REFERENDUM VOTE UPON THE ABOVE PROPOSI- 27 TION BE TAKEN AS PROVIDED BY LAW. IN WITNESS WHEREOF, WE HAVE SIGNED 28 OUR NAMES ON THE DATES INDICATED NEXT TO OUR SIGNATURES. 29 DATE NAME - PRINT NAME UNDER SIGNATURE HOME ADDRESS 30 1. ______ __________________________________ ____________________________ 31 2. ______ __________________________________ ____________________________ 32 3. ______ __________________________________ ____________________________ 33 (ON THE BOTTOM OF EACH PAGE, AFTER ALL THE NUMBERED SIGNATURES, INSERT A 34 WITNESS STATEMENT OR A STATEMENT BY A NOTARY PUBLIC OR COMMISSIONER OF 35 DEEDS, IN SUBSTANTIALLY THE FOLLOWING FORM:) 36 I, (NAME OF WITNESS), STATE THAT I AM A REGISTERED VOTER OF THE STATE OF 37 NEW YORK. I AM A RESIDENT OF THE (TOWN OR VILLAGE) OF (NAME OF TOWN OR 38 VILLAGE). THE PERSONS THAT HAVE SIGNED THIS PETITION SHEET CONTAINING 39 (FILL IN NUMBER) SIGNATURES, HAVE SIGNED THEIR NAMES IN MY PRESENCE ON 40 THE DATES INDICATED ABOVE AND IDENTIFIED THEMSELVES TO BE THE SAME 41 PERSONS WHO SIGNED THE SHEET. I UNDERSTAND THAT THIS STATEMENT WILL BE 42 ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT, AND IF IT 43 CONTAINS A MATERIALLY FALSE STATEMENT, SHALL SUBJECT ME TO THE PENALTIES 44 OF PERJURY. 45 ___________ _______________________________________ 46 DATE SIGNATURE OF WITNESS 47 (IN LIEU OF THE SIGNED STATEMENT OF A WITNESS WHO IS A DULY QUALIFIED 48 VOTER OF THE STATE, QUALIFIED TO SIGN THE PETITION AS A RESIDENT OF THE 49 TOWN OR VILLAGE, THE FOLLOWING STATEMENT SIGNED BY A NOTARY PUBLIC OR A 50 COMMISSIONER OF DEEDS SHALL BE ACCEPTED.) ON THE DATE ABOVE INDICATED 51 BEFORE ME PERSONALLY CAME EACH OF THE VOTERS WHOSE SIGNATURES APPEAR ON 52 THIS PETITION SHEET CONTAINING (FILL IN NUMBER) SIGNATURES, WHO SIGNED 53 SAME IN MY PRESENCE AND WHO, BEING BY ME DULY SWORN, EACH FOR HIMSELF OR 54 HERSELF, SAID THAT THE FOREGOING STATEMENT MADE AND SUBSCRIBED BY HIM OR 55 HER, WAS TRUE. 56 ___________ _______________________________________ A. 10420 3 1 DATE NOTARY PUBLIC OR COMMISSIONER OF DEEDS 2 4. LIBERAL CONSTRUCTION. IN MATTERS OF FORM, THIS SECTION SHALL BE 3 GIVEN A LIBERAL CONSTRUCTION, AND PRECISE COMPLIANCE IS NOT REQUIRED. 4 S 2. Paragraph (c) of subdivision 6 of section 20 of the town law, as 5 added by chapter 343 of the laws of 1940, and as relettered by chapter 6 302 of the laws of 1974, is amended to read as follows: 7 (c) (I) At least one hundred fifty days prior to any biennial town 8 election, the town board of any town of the first class in which the 9 appointive office of receiver of taxes and assessments shall exist, may 10 adopt a resolution, subject to a permissive referendum, that the office 11 of receiver of taxes and assessments shall be an elective office in such 12 town. Every elector of the town shall be entitled to vote at any refer- 13 endum held thereon pursuant to the provisions of article seven of this 14 chapter. If the town board shall have adopted such a resolution and no 15 petition shall have been filed within the time specified in article 16 seven OF THIS CHAPTER for a referendum thereon, or, if a majority of the 17 votes cast on any such proposition submitted pursuant to the provisions 18 of article seven OF THIS CHAPTER be in the affirmative the office of 19 receiver of taxes and assessments shall thereafter be an elective office 20 in such town, and a receiver of taxes and assessments shall be elected 21 at the succeeding biennial town election for the term provided by this 22 chapter, beginning on the first day of January next succeeding such 23 biennial town election and the term of office of the appointive receiver 24 of taxes and assessments for whom such successor shall be elected shall 25 expire on said first day of January. 26 (II) NO PETITION SHALL HAVE BEEN FILED WITHIN THE TIME SPECIFIED IN 27 ARTICLE SEVEN OF THIS CHAPTER FOR A REFERENDUM THEREON, OR, IF A MAJORI- 28 TY OF THE VOTES CAST ON ANY SUCH PROPOSITION SUBMITTED PURSUANT TO THE 29 PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER BE IN THE AFFIRMATIVE THE 30 OFFICE OF RECEIVER OF TAXES AND ASSESSMENTS SHALL THEREAFTER BE AN 31 APPOINTIVE OFFICE IN SUCH TOWN, AND THE TOWN BOARD SHALL APPOINT A 32 RECEIVER OF TAXES AND ASSESSMENTS FOR THE TERM PROVIDED BY THIS CHAPTER, 33 BEGINNING ON THE FIRST DAY OF JANUARY NEXT SUCCEEDING SUCH BIENNIAL TOWN 34 ELECTION AND THE TERM OF OFFICE OF THE ELECTIVE RECEIVER OF TAXES AND 35 ASSESSMENTS FOR WHOM SUCH SUCCESSOR SHALL BE APPOINTED SHALL EXPIRE ON 36 SAID FIRST DAY OF JANUARY. 37 S 3. Subdivision 1 of section 36 of the town law, as amended by chap- 38 ter 437 of the laws of 1963, is amended to read as follows: 39 1. In any town [of the second class] in which the office of tax 40 collector or receiver of taxes AND ASSESSMENTS exists, the town board 41 thereof may by resolution duly adopted at least one hundred fifty days 42 prior to any biennial town election, determine that said office be abol- 43 ished, same to take effect at the expiration of the term of office to 44 which the incumbent was elected or appointed; and no such tax collector 45 or town receiver of taxes AND ASSESSMENTS shall be elected at any bien- 46 nial town election held not less than one hundred fifty days thereafter. 47 Upon the expiration of the term of office of such tax collector or town 48 receiver of taxes AND ASSESSMENTS as provided [herein] IN THIS CHAPTER, 49 he OR SHE shall surrender and deliver to the town clerk of said town all 50 assessment rolls, books, papers, writings and all other documents and 51 property in his OR HER possession as such officer. In all towns where 52 the office of tax collector or receiver of taxes AND ASSESSMENTS has 53 been abolished, it shall be the duty of such town clerk to collect and 54 receive all state, county and town taxes and assessments that may be 55 levied in such town and the town clerk shall have all the powers and be 56 subject to all the duties of a collector IN A TOWN OF THE SECOND CLASS, A. 10420 4 1 OR OF A RECEIVER OF TAXES AND ASSESSMENTS IN A TOWN OF THE FIRST CLASS 2 with respect to the collection of such taxes, the deposit of receipts 3 and the return of unpaid taxes, as provided by subdivision one of 4 section thirty-five OR SECTION THIRTY-SEVEN of this [chapter] ARTICLE, 5 AS THE CASE MAY BE. 6 S 4. This act shall take effect immediately.