NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7754
SPONSOR: Thiele 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ture requirements are insufficient, outdated, and unreflective of the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.
