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.
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