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A07761 Summary:

BILL NOA07761
 
SAME ASSAME AS S07537
 
SPONSORThiele
 
COSPNSRShimsky
 
MLTSPNSR
 
Amd 2-200, 2-202, 2-204, 2-206, 2-208, 2-210 & 2-236, add 2-259, Vil L; amd 239-bb, Gen Muni L
 
Establishes the village incorporation commission to evaluate and make decisions regarding village incorporation elections.
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A07761 Actions:

BILL NOA07761
 
06/07/2023referred to local governments
06/10/2023reference changed to ways and means
06/10/2023reported referred to rules
06/10/2023reported
06/10/2023rules report cal.860
06/10/2023substituted by s7537
 S07537 AMEND= STEWART-COUSINS
 06/05/2023REFERRED TO RULES
 06/08/2023ORDERED TO THIRD READING CAL.1787
 06/08/2023PASSED SENATE
 06/08/2023DELIVERED TO ASSEMBLY
 06/08/2023referred to local governments
 06/10/2023substituted for a7761
 06/10/2023ordered to third reading rules cal.860
 06/10/2023passed assembly
 06/10/2023returned to senate
 12/12/2023DELIVERED TO GOVERNOR
 12/22/2023SIGNED CHAP.773
 12/22/2023APPROVAL MEMO.92
 06/05/2023REFERRED TO RULES
 06/08/2023ORDERED TO THIRD READING CAL.1787
 06/08/2023PASSED SENATE
 06/08/2023DELIVERED TO ASSEMBLY
 06/08/2023referred to local governments
 06/10/2023substituted for a7761
 06/10/2023ordered to third reading rules cal.860
 06/10/2023passed assembly
 06/10/2023returned to senate
 12/12/2023DELIVERED TO GOVERNOR
 12/22/2023SIGNED CHAP.773
 12/22/2023APPROVAL MEMO.92
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A07761 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7761
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend the village law and the general municipal law, in relation to establishing the village incorporation commission   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to establish a statewide commission to review   SUMMARY OF PROVISIONS: This bill would: *establish a three-member State village incorporation commission to: *consist of one member appointed by the Secretary of State, one member appointed by the State Comptroller, and one member appointed by the Attorney General; *accept petitions for village incorporation; *hold required hearings; *complete village incorporation feasibility and impact assessments; and, *evaluate petitions and make decisions as to whether a village incorpo- ration shall proceed; *prohibit village incorporations until January 1, 2024, unless petition signature collection had previously started; *allow the Commission to consider additional objections to incorporation including: *petition did not contain the required 2,000 signatures (previously had been 500); *feasibility and impact assessments had not been conducted; and, *establishment of such village is not in the fiscal, service, and taxa- tion interests of the population of either the proposed village or the town in which such village would be established; and, *authorize incorporation studies to be funded from the Countywide Shared Services Initiative.   JUSTIFICATION: The incorporation of new village can have significant tax and fiscal impacts on taxpayers in both the proposed village and throughout the town (or towns) in which a new village is to be located. It is imper- ative that the financial impacts of the new village be assessed prior to the public vote on incorporation so that voters may make an informed decision. In the past, the lack of such accurate and objective financial informa- tion about a village incorporation has led to the creation of new villages where voters were not adequately informed about financial impacts and feasibility. The result has been disappointment and disillu- sionment and ultimately dissolution, as was the case with-Villages of Mastic Beach and Pine Valley. This legislation improves the current village incorporation process by ensuring that voters possess all relevant information necessary to make an informed decision. The review of such information by the State village incorporation commission will ensure that voters possess objec- tive information reviewed by independent professionals with no interest in the outcome of a village incorporation proceeding.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: Minimal.   EFFECTIVE DATE: This act shall take effect immediately
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A07761 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7761
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 7, 2023
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Local Governments
 
        AN  ACT  to  amend  the  village  law  and the general municipal law, in
          relation to establishing the village incorporation commission
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  f  of  subdivision  1  of section 2-202 of the
     2  village law, subparagraph 2 as amended by chapter 181  of  the  laws  of
     3  2004, is amended to read as follows:
     4    f.  Filing  and  deposit.  (1)  Filing. The original petition shall be
     5  filed with [a supervisor of the town in which all or the  greatest  part
     6  of  such territory is located. Duplicate originals, photocopies or other
     7  similar reproductions of the original petition shall  be  filed  with  a
     8  supervisor  of each other town in which any portion of such territory is
     9  located] the village incorporation commission  established  pursuant  to
    10  section 2-259 of this article.
    11    (2)  Deposit.  At  the  time  of filing of the petition there shall be
    12  deposited with [each supervisor with whom the original or a copy of  the
    13  original  is  filed]  the commission, the sum of six thousand dollars to
    14  pay the cost of posting, publishing and serving required notices, steno-
    15  graphic services and services of inspectors of  election  in  the  event
    16  incorporation is not effected.
    17    §  2.  Section  2-204  of the village law, as amended by section 25 of
    18  part X of chapter 62 of the laws of 2003, is amended to read as follows:
    19    § 2-204 Notice of hearing. Within twenty days after the filing of such
    20  petition or copies thereof, [each supervisor with whom same were  filed]
    21  the  village  incorporation  commission  established pursuant to section
    22  2-259 of this article shall cause to be posted in five public places [in
    23  that part of such territory located in his town] located in the territo-
    24  ry where such village shall be incorporated and also to be published  at
    25  least twice in the newspaper or newspapers designated pursuant to subdi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11710-05-3

        A. 7761                             2
 
     1  vision  eleven of section sixty-four of the town law, a joint notice [of
     2  all such supervisors] issued by the commission: that a petition for  the
     3  incorporation of the village of (naming it) has been received; that at a
     4  place in such territory and on a day, not less than twenty nor more than
     5  thirty  days after the date of the posting and first publication of such
     6  notice, which date and place shall be specified therein, a hearing  will
     7  be  had  upon  such  petition;  that such petition will be available for
     8  public inspection in the office of each town clerk  until  the  date  of
     9  such  hearing;  that the purpose of the hearing is to consider the legal
    10  sufficiency of the petition; that objections to the legal sufficiency of
    11  the petition must be in writing and signed by one or more of  the  resi-
    12  dents  of  such  town;  and that any group of persons having one or more
    13  objections in common may make designation in writing and signed by  them
    14  of at least one but no more than three persons giving the full names and
    15  addresses  on  whom  and  at  which  addresses all papers required to be
    16  served in connection with the  proceeding  for  incorporation  shall  be
    17  served.  A majority of such designees must reside in such town or towns.
    18  In the absence of any other suitable place, such hearing shall  be  held
    19  in  a school building, if any, located in such territory. If such terri-
    20  tory is located in more than one town the hearing shall be  noticed  and
    21  publicized  as  a  joint  hearing of all such towns. For the purposes of
    22  this section, in the event that the town maintains a website, one of the
    23  posting requirements required by this section may be fulfilled by  post-
    24  ing such information on the town's website.
    25    § 3. Section 2-206 of the village law, paragraph b of subdivision 1 as
    26  amended by chapter 167 of the laws of 1985, paragraph e of subdivision 1
    27  as  amended  by  chapter  561  of  the laws of 1975 and subdivision 3 as
    28  amended by chapter 976 of the laws  of  1973,  is  amended  to  read  as
    29  follows:
    30    § 2-206 Proceeding on hearing. 1. [The supervisor, or supervisors if a
    31  joint  hearing,  with  whom the petition or copies thereof, were filed,]
    32  The village incorporation commission  established  pursuant  to  section
    33  2-259 of this article shall meet at the time and place specified in such
    34  notice and shall hear objections which may be presented as to the [legal
    35  sufficiency  of  the  petition  for] incorporation based upon any of the
    36  following grounds:
    37    a. That a person signing such petition was not qualified therefor;
    38    b. If it is alleged that the petition is submitted on the  basis  that
    39  the  persons  signing  such  petition  constitute twenty per cent of the
    40  residents in such territory qualified to vote for officers of a town  in
    41  which  all or part of such territory is located, that such allegation is
    42  false;
    43    c. [If it is alleged that the petition is submitted on the basis  that
    44  the  persons  signing  such  petition  are the owners of more than fifty
    45  percent in assessed valuation of the real property in such territory  or
    46  in full valuation of the real property in each part of each town in such
    47  territory  and  computed  separately for each such part, as the case may
    48  be, assessed upon the last completed assessment roll  or  rolls  of  the
    49  town  or  towns  in which all or part of such territory is located, that
    50  such allegation is false;
    51    d.] That such territory is part of a city or village;
    52    [e.] d. That if such  territory  is  less  than  an  entire  town,  it
    53  contains  more  than  five square miles and the limits of such territory
    54  are not coterminous with the entire boundaries of one school, fire, fire
    55  protection, fire alarm, town special or town  improvement  district  and
    56  the limits of such territory are not coterminous with parts of the boun-

        A. 7761                             3
 
     1  daries  of more than one school, fire, fire protection, fire alarm, town
     2  special or town improvement district, all of which are wholly  contained
     3  within such limits and within one town;
     4    [f.]  e. That such territory does not contain a population of at least
     5  [five hundred] two thousand regular inhabitants;
     6    [g.] f. That the petition in any  other  specified  respect  does  not
     7  conform to the requirements of this article; or
     8    g.  That  a  study  has not been conducted on the fiscal, service, and
     9  taxation interests of the population which would  constitute  the  resi-
    10  dents  of such village or the population which constitutes the residents
    11  of such town in which such village would be established; or
    12    h. That the establishment of  such  village  is  not  in  the  fiscal,
    13  service, and taxation interests of the population which would constitute
    14  the  residents  of  such village or the population which constitutes the
    15  residents of such town in which such village would be established.
    16    2. The [supervisor of the town in which the entire territory,  or  the
    17  greatest  portion of such territory is located] commission shall conduct
    18  the hearing.
    19    3. All objections must be in writing and signed by one or  more  resi-
    20  dents  qualified to vote for town offices a town in which all or part of
    21  such territory of the proposed  village  is  located.  Testimony  as  to
    22  objections may be taken at the hearing which shall be reduced to writing
    23  and  subscribed by those testifying. The burden of proof shall be on the
    24  objectors. All written objections and  signed  testimony  shall  clearly
    25  state the name and address of the objector.
    26    4.  The  hearing  may be adjourned but must be concluded within twenty
    27  days from the date fixed in the notice of hearing.
    28    § 3-a. Paragraph g of subdivision 1 of section 2-206  of  the  village
    29  law  is relettered paragraph h and a new paragraph g is added to read as
    30  follows:
    31    g. That a study has not been conducted on  the  fiscal,  service,  and
    32  taxation  interests  of  the population which would constitute the resi-
    33  dents of such village or the population which constitutes the  residents
    34  of such town in which such village would be established; or
    35    § 4. Section 2-208 of the village law is amended to read as follows:
    36    §  2-208 Decision as to [legal sufficiency of petition] village estab-
    37  lishment. 1.   Within ten days  after  such  hearing  is  concluded  the
    38  [supervisor  or  supervisors  jointly]  village incorporation commission
    39  established pursuant to section 2-259 of this  article  shall  determine
    40  whether  the petition complies with the requirements of this article and
    41  [jointly] shall make and sign a decision [accordingly] as to  whether  a
    42  village incorporation shall proceed to election pursuant to the criteria
    43  established  in  section  2-259  of this article.   [If such supervisors
    44  cannot agree, the decision shall be deemed to be adverse  to  the  peti-
    45  tion.]  If  the  decision be adverse to the petition, the decision shall
    46  contain a brief statement of the reasons on which the  adverse  decision
    47  is based [or the reasons on which the supervisor or supervisors deciding
    48  adversely  to  the  petition were unable to join in a unanimous decision
    49  sustaining the petition].
    50    2. The original copy of the decision, copies  of  the  notice  of  the
    51  hearing  together  with  affidavits  of posting and publishing same, the
    52  written objections and the minutes of proceedings taken on  the  hearing
    53  including  signed testimony shall be filed by [such supervisor or super-
    54  visors]  the  commission  within  fifteen  days  after  the  hearing  is
    55  concluded,  with  the  town clerk of the same town in which the original
    56  copy of the petition was filed. Duplicate  copies  of  the  said  papers

        A. 7761                             4
 
     1  shall be filed with the town clerks of all other towns in which any part
     2  of such territory is located.
     3    3. If no proceeding be instituted to review such decision within thir-
     4  ty  days  after  such  filing of the original copy thereof, the decision
     5  shall be final and conclusive. In the event that the decision is adverse
     6  to the petition, a new proceeding for  incorporation  may  be  commenced
     7  immediately.
     8    §  5.  Subdivision 1 of section 2-210 of the village law is amended to
     9  read as follows:
    10    1. The decision of [the supervisor or supervisors] the village  incor-
    11  poration  commission established pursuant to section 2-259 of this arti-
    12  cle as to [the legal sufficiency of  the  petition]  whether  a  village
    13  incorporation  shall  proceed  to  election shall be subject to judicial
    14  review in the manner provided in  article  seventy-eight  of  the  civil
    15  practice  law and rules. Such proceeding may be brought on the ground or
    16  grounds that said decision is illegal, based on  insufficient  evidence,
    17  or  contrary  to  the  weight  of evidence. If the court determines that
    18  additional testimony or evidence is necessary for the proper disposition
    19  of the matter it may take such evidence or testimony or appoint a refer-
    20  ee to take such evidence or testimony as it may direct  and  report  the
    21  same to the court with his findings of fact and conclusions of law which
    22  shall  constitute  a part of the proceeding upon which the determination
    23  of the court shall be made. The court may reverse or affirm on the basis
    24  of law and fact as determined by the court.
    25    § 6. Section 2-236 of the village law, as amended by  chapter  181  of
    26  the laws of 2004, is amended to read as follows:
    27    §  2-236 Payment of expenses incurred in proceedings for incorporation
    28  if village not  incorporated.  If  the  incorporation  of  the  proposed
    29  village  be  not effected by the proceedings authorized in this article,
    30  the expenses incurred by the towns in which any part of  such  territory
    31  is  located  for  payment  of  cost  of  posting, publishing and serving
    32  required notices, stenographic services and services  of  inspectors  of
    33  election  shall  be  paid  from the fund deposited with the [supervisor]
    34  village incorporation commission established pursuant to  section  2-259
    35  of  this article. If such fund so deposited is not sufficient to pay all
    36  of such expenses, the costs in excess of such fund shall  be  a  general
    37  town  charge. Any unexpended balance of such fund shall become a part of
    38  the general fund of the town.
    39    § 7. The village law is amended by adding a new section 2-259 to  read
    40  as follows:
    41    § 2-259 Village incorporation commission. 1. a. There is hereby estab-
    42  lished  within  the  department of state a village incorporation commis-
    43  sion. The  commission  shall  consist  of  three  members  appointed  as
    44  follows:
    45    (1) one member appointed by the secretary of state;
    46    (2) one member appointed by the comptroller; and
    47    (3) one member appointed by the attorney general.
    48    b.  Each  member  of  the commission shall serve a term of four years.
    49  The members shall be eligible for reappointment and  shall  serve  until
    50  their  successors  are  appointed  and  qualified,  and  the term of the
    51  successor of any incumbent shall be calculated from  the  expiration  of
    52  the term of that incumbent. A vacancy occurring other than by expiration
    53  of  term shall be filled in the same manner as the original appointment,
    54  but for the unexpired term only.

        A. 7761                             5
 
     1    c. A majority of the members of  the  commission  shall  constitute  a
     2  quorum for the purpose of conducting the business thereof and a majority
     3  vote of all the members in office shall be necessary for action.
     4    2. The commission shall:
     5    a. accept petitions filed pursuant to this article;
     6    b. hold hearings as required by this article;
     7    c.  accept  and  deposit  with  the  state comptroller all such monies
     8  required to be paid by those seeking to incorporate a  village  pursuant
     9  to this article; and
    10    d.  evaluate  petitions  filed pursuant to this article and make deci-
    11  sions with regard to whether  a  village  incorporation  election  shall
    12  proceed based upon the commission's judgment of the criteria established
    13  in  sections  2-200 and 2-206 of this article and any other requirements
    14  established in this article.
    15    3. Prior to issuing its decision with  regard  to  whether  a  village
    16  incorporation  election shall proceed, the commission shall complete two
    17  studies after receiving a  petition  for  village  incorporation,  which
    18  shall take the following form:
    19    a.  The  first  study shall consist of a feasibility assessment, which
    20  shall examine the proposed village's ability to provide services to  its
    21  population  in  an  efficient  manner.  The feasibility study shall also
    22  evaluate  the  proposed  village's  fiscal  capacity  to  provide  these
    23  services; and
    24    b.  The  second study shall consist of an impact assessment that shall
    25  evaluate the fiscal and operational  effects  of  incorporation  on  the
    26  surrounding  town  and  the  rest of the local area. These impacts shall
    27  include fiscal, service, political, environmental, and land use impacts.
    28    c. In addition to the studies required pursuant to each  petition  for
    29  village  incorporation,  the village incorporation commission shall also
    30  produce a report on its  recommendations  with  regard  to  the  village
    31  incorporation  process  pursuant  to  this  article.  Such  report shall
    32  provide the commission's analysis and recommendations on the following:
    33    (i) The number of petitions required for a village incorporation peti-
    34  tion;
    35    (ii) The population required to incorporate a village;
    36    (iii) Whether the signatures of the residents of such territory quali-
    37  fied to vote for town officers in the unincorporated part of  such  town
    38  that  is not part of such territory where such village would be incorpo-
    39  rated nor part of  another  village  should  be  required  in  order  to
    40  commence  a  proceeding  for  the  incorporation  of such territory as a
    41  village;
    42    (iv) Whether the residents of such territory  qualified  to  vote  for
    43  town  officers  in the unincorporated part of such town that is not part
    44  of such territory where such village would be incorporated nor  part  of
    45  another  village  would  be  entitled  to  vote in village incorporation
    46  elections;
    47    (v) Whether population density should be  considered  in  the  village
    48  incorporation process;
    49    (vi)  Whether the requirements of this article are adequate to protect
    50  the fiscal, service, and taxation interests  of  the  residents  of  the
    51  proposed village and those residents of the surrounding areas; and
    52    (vii)  Any  other information and recommendations the village incorpo-
    53  ration commission deems relevant.
    54    d. The report required pursuant to paragraph  c  of  this  subdivision
    55  shall  be  published  on  the public facing portion of the department of
    56  state's website, and the secretary of state or his or her designee shall

        A. 7761                             6

     1  transmit the commission's findings and recommendations to the speaker of
     2  the assembly, the temporary president of the senate, and the governor on
     3  or before two years from the effective date of this section.
     4    4.  The  studies  required  pursuant  to this section shall be paid by
     5  funds appropriated pursuant to section two hundred thirty-nine-bb of the
     6  general municipal law.
     7    5. The commission's decision with regard to whether a village incorpo-
     8  ration shall proceed shall be by majority vote, and the commission shall
     9  post a notice of its  decision  on  the  public-facing  portion  of  the
    10  department  of  state's website. No village incorporation election shall
    11  proceed in the event the commission rules  adversely  to  such  incorpo-
    12  ration, except pursuant to the provisions of section 2-210 of this arti-
    13  cle.
    14    6.  No  village  incorporation  election  shall  proceed until January
    15  first, two thousand twenty-four.
    16    § 8. Section 239-bb of the general municipal law is amended by  adding
    17  a new subdivision 12 to read as follows:
    18    12. Notwithstanding any other provision of law to the contrary, monies
    19  constituting  the  funds  of the village incorporation commission estab-
    20  lished pursuant to section 2-259 of the village law shall  be  deposited
    21  with  the  state  comptroller  and  held for the purposes of the village
    22  incorporation commission established in article two of the village  law;
    23  provided,  however, that such monies shall be derived from the appropri-
    24  ation dedicated to the matching funds program  pursuant  to  subdivision
    25  eight  of  this section and provided further, that such funding for such
    26  entity shall not be subject to the requirements of subdivision eight  of
    27  this section related to savings.
    28    §  9.   Subdivision   1   of   section   2-200   of the village law is
    29  amended to read as follows:
    30    1. A territory containing a population of at least [five hundred]  two
    31  thousand  persons  who  are  regular inhabitants thereof, as hereinafter
    32  defined, may be incorporated as a village under  this  chapter  provided
    33  such  territory does not include a part of a city or village and further
    34  provided the limits of such territory:
    35    a. do not contain more than five square miles; or
    36    b. are coterminous with the entire boundaries of a school, fire,  fire
    37  protection, fire alarm, town special or town improvement district; or
    38    c.  are  coterminous  with  parts  of  the boundaries of more than one
    39  school, fire, fire protection, fire alarm, town special or town improve-
    40  ment district, all of which are wholly contained within such limits  and
    41  within one town; or
    42    d. are coterminous with the entire boundaries of a town.
    43    § 10. This act shall take effect on January 1, 2024; provided however,
    44  that  section  three-a  of  this act   shall take effect immediately and
    45  shall expire and be deemed repealed on the same date  and  in  the  same
    46  manner  as section three of this act takes effect; and provided further,
    47  that for village incorporation petitions that have collected  signatures
    48  prior  to the effective date of this act, nothing in this act shall deem
    49  such  petition  signatures  invalid;  and  provided  further,  that  the
    50  provisions of this act shall apply to all existing village incorporation
    51  petitions  that  have  collected  signatures  prior  to January 1, 2024,
    52  except as hereinafter provided; and provided further, that  for  village
    53  incorporation  petitions that have collected signatures prior to January
    54  1, 2024, the commission review process established pursuant  to  section
    55  2-259  of  the village law, as added by section seven of this act, shall
    56  not apply, and such village incorporation petitions shall continue to be

        A. 7761                             7
 
     1  subject to the supervisor approval process; and provided  further,  that
     2  for village incorporation petitions that have collected signatures prior
     3  to January 1, 2024, paragraph h of subdivision 1 of section 2-206 of the
     4  village law as added by section three of this act shall not apply.
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