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A07754 Summary:

COSPNSRShimsky, Eachus
Amd 2-200, 2-202 & 2-206, add 2-260, Vil L
Relates to the immediate incorporation of villages.
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A07754 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the village law, in relation to the incorporation of villages   PURPOSE: Changes the requirements for village incorporation to ensure that village incorporations are properly assessed and the petition process fully considers the fiscal, service, and taxation ramifications of the potential incorporation of a new village.   SUMMARY OF PROVISIONS: Section 1 changes the minimum size for village incorporation from 500 to 2,000 residents. Section 2 eliminates the assessed value/landowner basis for petitioning for village incorporation. Section 3 makes conforming changes to section 2-206 of the village law to reference the new threshold of 2,000 residents and eliminate refer- ences to the assessed value/landowner basis for petitioning for village incorporation. This section also requires that a study by conducted on the fiscal, service, and taxation impacts on the residents of the proposed village and the residents of the surrounding town in order for a village incorporation to move forward. Section 4 provides that a study must be performed before a village incorporation election is held. The study must be submitted to the Department of State and posted on its website for at least 90 days before a village incorporation election can occur. Section 5 provides that the act takes effect immediately. It further provides that nothing in this act will render invalid any signatures that have been obtained pursuant to existing village incorporation petitions and that the new study requirements established in the act will also apply to village incorporation petitions that have already begun.   JUSTIFICATION: A recent analysis by the Elizabeth Haub School of Law at Pace University identified ways in which New York's Village Incorporation Law could be strengthened through legislative reforms. Among these findings was that village incorporation decision-making should be based upon proper data and analysis, that New York's minimum population requirement is inade- quate to ensure village viability, and that New York's petition signa- ture requirements are insufficient, outdated, and unreflective of the interests of those impacted by the proposed incorporation. This legis- lation responds to those findings and recommendations by changing the minimum size of a new village and by requiring that a study be performed on the fiscal, service, and taxation impacts on those who would be part of the village and those in the area surrounding the village.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None to the state or localities.   EFFECTIVE DATE: This act shall take effect immediately. Creates certain exemptions for village incorporation attempts that have already filed petitions.
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