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A09658 Summary:

BILL NOA09658
 
SAME ASSAME AS S08423
 
SPONSORWoerner
 
COSPNSR
 
MLTSPNSR
 
Amd §3-301, Vil L
 
Prohibits a member of the board of trustees and the mayor from being appointed to the board of assessors for a village.
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A09658 Actions:

BILL NOA09658
 
03/27/2024referred to local governments
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A09658 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9658
 
SPONSOR: Woerner
  TITLE OF BILL: An act to amend the village law, in relation to removing the ability of a board of trustees and mayor to act as the board of assessors   PURPOSE OR GENERAL IDEA OF BILL: To remove the ability of a board of trustees and mayor to act as the board of assessors.   SUMMARY OF PROVISIONS: Section 1: This section allows the board of trustees to consolidate the offices of clerk, treasurer, and assessor, or any of these offices, within a village.The mayor, trustees and village justices are elective officers and all other officers are to be appointed by the mayor subject to approval from the board of trustees.No member of the board of trus- tees or mayor can be appointed a member of the board of assessors for the same village.Section 2: Sets the effective date.   JUSTIFICATION: The bill recognizes the inherent risk in allowing members of the village board to also serve as the assessment board of review. Current law allows a village board to also function as the assessment board of review, presenting a scenario where decisions regarding property assess- ments and taxes could be influenced by political considerations.This bill removes the ability of a board of trustees and mayor to act as the board of assessors to ensure assessments are conducted impartially and solely based on objective criteria related to property values, market conditions, and other relevant factors.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: The first day of January after it shall have become a law.
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A09658 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9658
 
                   IN ASSEMBLY
 
                                     March 27, 2024
                                       ___________
 
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Local Governments
 
        AN ACT to amend the village law, in relation to removing the ability  of
          a board of trustees and mayor to act as the board of assessors
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph b of subdivision 2 and subdivision 3  of  section
     2  3-301  of  the  village  law, paragraph b of subdivision 2 as amended by
     3  chapter 735 of the laws of 1983, are amended to read as follows:
     4    b. assessor or assessors, provided, however, that the board  of  trus-
     5  tees  by  resolution  or local law may consolidate the offices of clerk,
     6  treasurer, and assessor or any two of such offices. [The board of  trus-
     7  tees  may also determine, by local law or resolution, that such board of
     8  trustees shall act as the board of assessors or may appoint  such  board
     9  from  their  members.]  Notwithstanding the foregoing provisions of this
    10  paragraph, a village which has enacted a local law as provided in subdi-
    11  vision three of section fourteen hundred two of the  real  property  tax
    12  law  shall  not  have an assessor or assessors in any year in which such
    13  local law is in effect.
    14    3. The mayor, trustees and village justices shall  be  elective  offi-
    15  cers.    All  other officers shall be appointed by the mayor, subject to
    16  the approval of the board of trustees; provided, however, no  member  of
    17  the  board of trustees or mayor shall be appointed a member of the board
    18  of assessors for the same village.
    19    § 2. This act shall take effect on the first of January next  succeed-
    20  ing the date on which it shall have become a law. Effective immediately,
    21  the  addition,  amendment and/or repeal of any rule or regulation neces-
    22  sary for the implementation of  this  act  on  its  effective  date  are
    23  authorized to be made and completed on or before such effective date.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13397-01-3
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